Utkin v. Dist. Ct. (Christian-Payne)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JACQUELINE UTKIN, SUCCESSOR No. 76053 TRUSTEE TO THE CHRISTIAN FAMILY TRUST, DATED OCTOBER 11, 2016, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILE COURT OF THE STATE OF NEVADA, JUN 21 2018 IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VINCENT OCHOA, DISTRICT JUDGE, Respondents, and SUSAN CHRISTIAN-PAYNE; ROSEMARY KEACH; RAYMOND CHRISTIAN, JR.; MONTE REASON; TOMMY L. CHRISTIAN; AND CHRISTOPHER A. CHRISTIAN, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This petition for a writ of mandamus or prohibition seeks to preclude the district court from holding a hearing to discuss the potential removal of, and from otherwise attempting to remove, petitioner as trustee. Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, the district court has jurisdiction over trust matters, NRS 164,010, the administration of which are subject to the court's discretion, Hannam v.

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Brown, 114 Nev. 350, 362, 956 P.2d 794, 802 (1998). Here, as the district court has only scheduled a hearing to discuss removal but has not yet ruled on the issue, we conclude that this petition is premature. See Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev., Adv. Op. 101, 407 P.3d 702, 709- 10 (2017) (emphasizing the judicial economy and efficiency interests served by allowing review only upon a complete record). Accordingly, we decline to exercise our discretion to intervene at this time, and we ORDER the petition DENIED.'

Gibbons

J. Hardesty

cc: Hon. Vincent Ochoa, District Judge Jerimy Kirschner & Associates, P.C. Cary Colt Payne Christopher A. Christian Rushforth Lee & Kiefer LLP Tommy L. Christian Eighth District Court Clerk

Footnotes

[1] In light of this order, petitioner's emergency motion for stay is denied as moot. SUPREME COURT OF NEVADA 2 (0) 1947A