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Levinson v. District Court7/29/1993
Per Curiam:
This petition for a writ of mandamus challenges the district court's order denying petitioners' motion to expunge a lis pendens filed by Carol Gates Read, real party in interest, on property owned by petitioners. For reasons expressed hereafter, the writ will issue.
FACTS
Since 1952, petitioners Al and Bonnie Levinson have been the owners of over 100 acres of land (“the property”) situated in the Red Rock Canyon area west of Las Vegas in Clark County. The Levinsons are also major shareholders of Bonnie Springs Ranch, Inc. (“the Ranch”). The Ranch operated a bar, restaurant, hotel, petting zoo, and the Old Nevada theme attraction on the property. Prior to 1986, the Ranch rented horses to its patrons and Ranch personnel accompanied the patrons on trail rides. In 1986, the stable venture was incorporated as Bonnie Springs Riding Stables, Inc. (“the Stable”), with Al and Bonnie Levinson as the only shareholders. Earlier, in 1981, the Levinsons had quitclaimed most of their property to the Al and Bonnie G. Levinson revocable trust, in which they designated themselves as trustees.
On March 5, 1989, Read, a patron of the Stable, was injured when she fell from the horse she had rented. That same year, Al and Bonnie Levinson were the President and Secretary-Treasurer, respectively, of both the Stable and the Ranch. At the time of the accident, the Stable did not maintain liability insurance.
On January 12, 1990, Read filed a complaint against the Stable for personal injuries sustained when she fell from the horse. Read contends that shortly after the filing of her complaint, the Levinsons began fraudulently transferring various of their properties. Read further alleged that the Stable's only asset was a small checking account.
After a bench trail, the district court entered judgment in favor of Read in the amount of $155,370.15. Read contends that the day after the trial judge orally announced the judgment, the Stable transferred its business license to Redrock Riding Stables, Inc., a newly formed corporation. One month later, Read attempted to amend her complaint to allege that the Levinsons were the alter ego of the judgment debtor. The district court determined that the parties should first engage in discovery to ascertain whether Read could prove her alter ego theory, and thereafter return to the court if the evidence warranted further
[109 Nev. 747, Page 750]
proceedings. Dissatisfied with the court's initial denial of her motion to amend and join additional parties, Read elected to file a new action in another department of the Eighth Judicial District Court.
Arguing that she was unable to enforce her judgment, Read filed her new complaint against Al and Bonnie Levinson, their children, several trusts and Redrock Riding Stables, alleging alter ego, fraudulent conveyances and constructive trust. Read also caused the filing of a notice of lis pendens on July 24, 1992, in furtherance of an alleged action for the foreclosure of a mortgage upon real property or affecting the title or possession of real property. A hearing was held in district court regarding defendants' (petitioners) motion to expunge lis pendens, to dismiss or for a grant of summary judgment, all of which were ultimately denied. The Levinsons thereafter filed their petition in this court for a writ of mandamus or, in the alternative, an order directing the district court to cancel and expunge the notice of lis pendens filed by Read.
DISCUSSION
A writ of mandamus is available to compel the performance of an act which the law requires as a duty resulting from an office, trust or station, NRS 34.
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