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G.C. WALLACE, INC. v. EIGHTH JUD. DIST. CT.

No. 56773.

262 P.3d 1135 (2011)

G.C. WALLACE, INC., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and the Honorable Allan R. Earl, District Judge, Respondents, and Reef Centra Point B2348, Inc., Real Party in Interest.

Supreme Court of Nevada.

October 6, 2011.

Attorney(s) appearing for the Case

Lionel Sawyer & Collins and Todd M. Touton , Las Vegas, for Petitioner.

Kolesar & Leatham, Chtd., and Bart K. Larsen , Las Vegas, for Real Party in Interest.

Before SAITTA, C.J., HARDESTY and PARRAGUIRRE, JJ.

OPINION

By the Court, SAITTA, C.J.:

In this original petition for a writ of mandamus, we consider whether a landlord who seeks summary eviction in justice court under NRS 40.2531 against a tenant is precluded from subsequently bringing a damages claim in district court for breach of the lease agreement. In the underlying matter, the landlord prevailed in the summary eviction proceeding in justice court and thereafter filed...

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