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CANARELLI v. EIGHTH JUDICIAL DISTRICT COURT

No. 78883.

464 P.3d 114 (2020)

136 Nev.Adv.Opn. 29

Lawrence D. CANARELLI; Heidi Canarelli; and Frank Martin, Special Administrator for the Estate of Edward C. Lubbers, Former Trustees, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Gloria Sturman, District Judge, Respondents, and Scott Canarelli, Beneficiary of the Scott Lyle Graves Canarelli Irrevocable Trust Dated February 24, 1998, Real Party in Interest.

Supreme Court of Nevada.

FILED May 28, 2020.

Attorney(s) appearing for the Case

Campbell & Williams and J. Colby Williams , Donald J. Campbell , and Philip R. Erwin , Las Vegas, for Petitioners.

Marquis Aurbach Coffing and Liane K. Wakayama , Las Vegas, for Petitioner Frank Martin, Special Administrator for the Estate of Edward C. Lubbers.

Solomon Dwiggins & Freer, Ltd., and Dana A. Dwiggins and Tess E. Johnson , Las Vegas, for Real Party in Interest.

BEFORE THE COURT EN BANC.

OPINION

This court has not had the opportunity to address whether there is a fiduciary exception to the attorney-client privilege, whereby a fiduciary such as a trustee is prohibited from asserting the attorney-client privilege against a beneficiary on matters of trust administration. Because the Legislature...

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