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GONSKI v. SECOND JUDICIAL DIST. COURT

No. 53414.

245 P.3d 1164 (2010)

Donald W. & Linda L. GONSKI, Husband and Wife, Petitioners, v. The SECOND JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for The County of WASHOE, and the Honorable Steven P. Elliott, District Judge, Respondents, and PN II, Inc., a Nevada Corporation d/b/a Pulte Homes of Nevada, Real Party in Interest.

Supreme Court of Nevada.

December 30, 2010.

Attorney(s) appearing for the Case

Nancy A. Gilbert , Reno, for Petitioners.

Lee, Hernandez, Brooks, Garofalo & Blake, APC, and David S. Lee , Natasha L. Brooks , and Charlene N. Renwick , Las Vegas, for Real Party in Interest.

BEFORE HARDESTY, DOUGLAS and PICKERING, JJ.

OPINION

By the Court, DOUGLAS, J.:

This original writ proceeding involves real party in interest's attempt to enforce two arbitration provisions that it drafted with respect to petitioners' purchase of a residential home in Reno, Nevada. Petitioners argue that the two arbitration clauses at issue, one of which was in the purchase agreement and the other of which was contained in a limited warranty, are unconscionable, and thus unenforceable, for a...

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