G.C. Wallace, Inc. v. Eighth Judicial Dist. Court

Tenant fell behind in its monthly rental payments to Landlord, after which Landlord obtained a summary eviction order in justice court. Landlord subsequently filed a complaint in district court against Tenant for damages for breach of the parties' lease agreement. Tenant filed a motion for summary judgment on the ground that Landlord's claim for damages was precluded by the doctrine of claim preclusion and arguing that Landlord was required to seek summary eviction in unison with its claim for damages. The district court denied Tenant's motion. Tenant then petitioned the Supreme Court for a writ of mandamus directing the district court to vacate its order denying Tenant's motion for summary judgment. The Court denied the petition, holding that the summary eviction scheme provided in Nev. Rev. Stat. 40.253 allows for an exception to claim preclusion in cases such as this one in that it permits a landlord to bring a summary eviction proceeding in justice court and subsequently bring a damages claim in district court. View "G.C. Wallace, Inc. v. Eighth Judicial Dist. Court" on Justia Law