WARDLEIGH v. 2ND JUD. DIST. CT. OF STATE

No. 25190.

891 P.2d 1180 (1995)

Rose WARDLEIGH and Kevin Sigstad, Petitioners, v. The SECOND JUDICIAL DISTRICT COURT OF the STATE OF NEVADA, in and for the COUNTY OF WASHOE, and the Honorable Mark Handelsman, District Judge, Respondents, and Clear Acre, Ltd., a Nevada Limited Partnership, and its General Partners, Clear Acre, Inc., a Nevada Corporation, McMillan Construction Company, an Entity of Unknown Capacity, Successor in Interest to McMillan Construction Company, a Dissolved Nevada Corporation, Donald L. Wilkerson, Ronald G. Palmer and John Ghilieri; Thomas G. McMillan; McMillan Mortgage Company, an Entity of Unknown Capacity; S.E.A., Incorporated, a Corporation; Gary A. Hartunian; 5334 Lindley Partnership, a California Limited Partnership, and its General Partners, Garabed Demirjian and Albert Wayne; Clear Acre Village Apartments, Ltd., a California Limited Partnership d/b/a Clear Acre Apartments, and its General Partners, Garabed Demirjian, Gary A. Hartunian, and Albert Wayne; Novato Corporation, n.v., a Netherlands Antilles Corporation, Cornell Finance Company, Ltd., a Hong Kong Corporation; Cornell Properties, Inc., a Nevada Corporation; John Handley; Bobby D. Slentz; The City of Reno, Nevada, a Municipal Corporation; Prudential Real Estate Affiliates, Inc., a Corporation; Prudential Residential Services, L.P., a Limited Partnership; Successor in Interest to Merrill Lynch Realty, an Entity of Unknown Capacity; Jack Matthews, an Individual; Jack Matthews and Co., a Corporation; Prudential Homes Corp., a Corporation; Fine Homes, L.P., a Limited Partnership; and Kleinfelder, Inc., a California Corporation as Successor in Interest to J.H. Kleinfelder, Real Parties in Interest.

Supreme Court of Nevada.

March 22, 1995


Attorney(s) appearing for the Case

Maddox & Robertson and Jo Lee M. Wickes, Reno, for Petitioners.

Perry & Spann, Reno, for City of Reno.

Woodburn & Wedge and Casey Vlautin, Reno, for Prudential.

McDonald, Carano, Wilson, McCune, Bergin, Frankovich & Hicks and Matthew C. Addison, Reno, for Clear Acre, Wilkerson & Palmer.

Erickson, Thorpe & Swainston, Ltd., Reno, for John Ghilieri.

Rawlings, Olson & Cannon and Dana Jonathon Nitz, Las Vegas, for McMillan and McMillan Construction.

Beasley, Holden & Brooks, Reno, for S.E.A., Inc.

Benesch & Fermoile, Reno, for Kleinfelder, Inc.

Jack I. McAuliffe, Reno, for Cornell Properties, Inc.

Robert Grayson, Carson City, for 5334 Lindley Partnership and Albert Wayne.

Monsey & Andrews, Las Vegas, for Jack Matthews.


OPINION

PER CURIAM:

In this original proceeding in mandamus, petitioners Rose Wardleigh and Kevin Sigstad seek a writ of mandamus or prohibition directing respondent district court to vacate a pretrial discovery order permitting discovery of certain minutes and legal files, and to prevent an attorney deposition. Because real parties in interest have not shown undue hardship as required to circumvent the work product doctrine, the district court erred in...

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