No. 74104 West Charleston Lofts III, LLC vs Dist. Ct. (Farina)

Date: Tuesday, September 18, 2018 11:30 AM
Duration: 00:30:00 hour(s)

Location: Las Vegas

Details/Synopsis: Petitioners West Charleston Lofts, LLC, and SAVWCL III, LLC (collectively Petitioners), petition for a writ of mandamus, or in the alternative prohibition, challenging a district court order denying a motion to stay pending proceedings under NRS 38.221. Petitioners successfully compelled one of the real parties in interest (the Investors) to arbitrate a dispute stemming from a failed real estate development. While a motion to compel the remaining Investors to arbitrate was still pending before the district court, the Investors filed a lawsuit against Petitioners in California. Petitioners filed a motion with the district court below requesting that it enter an order staying the California case, arguing that NRS 38.221 required such action and that the California court would honor the Nevada stay order. The district court denied the motion, and Petitioners filed a petition for extraordinary relief. ISSUES: (1) Was the district court required to stay the California case under the plain language of NRS 38.221?