Converse Prof'l Grp. v. Eighth Judicial Dist. Court of Nev. (In re City Center Constr. & Lien Master Litig.)

Gibbons

This is an original petition for a writ of mandamus challenging a district court order granting real parties in interest's motions for leave to amend their fourth-party complaints in order to plead claims for intentional misrepresentation, negligent misrepresentation, indemnity, contribution, apportionment, and declaratory relief.

In petitioner Converse Consultants' related petition, In re CityCenter Construction and Lien Master Litigation, 129 Nev. _, _, _ P.3d _,_ (Adv. Op. No. 70, Oct.3, 2013), we granted Converse's request for writ relief. We held that Converse was a design professional and, as a result, the initial pleadings that real parties in interest Century Steel, Inc. and Pacific Coast Steel filed were void ab initio pursuant to NRS 11.258. See Otak Nevada, LLC v. Eighth Judicial Dist. Court, 127 Nev. _, _, 260 P.3d 408, 412 (2011) (determining that "because a pleading filed under NRS 11.258 without the required affidavit and expert report is void ab initio and of no legal effect, the party's failure to comply with NRS 11.258 cannot be cured by amendment"); see also NRS 11.258.

We therefore conclude that this petition is moot, and we dismiss it. See Personhood Nevada v. Bristol, 126 Nev. _, _, 245 P.3d 572, 574 (2010) (explaining that this court's duty is to decide actual controversies and not to give opinions on moot questions). Accordingly, we

ORDER the petition DENIED.

___________________, J.

Gibbons

___________________, J.

Hardesty

___________________, J.

Douglas

___________________, J.

Cherry

___________________, J.

Saitta
cc: Hon. Elizabeth Goff Gonzalez, District Judge

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas

Hutchison & Steffen, LLC

Albright Stoddard Warnick & Albright

Procopio, Cory, Hargreaves & Savitch, LLP

Gordon & Rees, LLP

Eighth District Court Clerk