K.J.B. Inc. v. Second Judicial District Court

OPINION

This original petition for a writ of prohibition challenges an order of the district court granting a temporary writ of restitution to real party in interest Emmett Kelly, and ordering petitioner, K.J.B. Inc., to vacate certain real property in Reno, Nevada. We conclude that the district court exceeded its jurisdiction in issuing the writ of restitution, and therefore we grant this petition.

The predecessors in interest of Kelly and KJB entered into a lease agreement on July 1, 1977. Disputes over rent arose between Kelly and KJB in 1985. Kelly commenced an unlawful detainer action in…