MB AMERICA, INC., A NEVADA CORPORATION, Appellant, vs. ALASKA PACIFIC LEASING COMPANY, AN ALASKA BUSINESS CORPORATION, Respondent., 132 Nev. 78

Summary

HOLDINGS: [1]-As the pre-litigation mediation provision constituted a condition precedent to litigation, and the seller initiated litigation without complying with the pre-litigation mediation provision in the agreement, the order granting summary judgment was proper; although the district court incorrectly based its findings on a mistaken assumption that a mediation provision was an administrative remedy, it nevertheless reached the correct result; [2]-The seller's complaint for declaratory relief was not ripe for judicial review because it failed to comply with the mediation terms of the agreement; [3]-The district court did not err by granting attorney fees to the dealer, as a summary judgment in favor of the dealer and dismissal of the seller's complaint were sufficient to find the dealer a prevailing party, and as such, entitled to an award of fees under Nev. Rev. Stat. § 18.010(1).