Tag: NRS 116.3116

Nevada Appellate Courts Advance Opinions for October 29, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 29, 2020

MOORE (MAURICE) VS. STATE

  • Is the mistaken belief as to a victim’s age a defense to the crime of lewdness with a child under the age of 16.

WYNN VS. THE ASSOCIATED PRESS

  • What qualifies as an official action or proceeding warranting application of the fair report privilege to one who reports on it.

BYRNE VS. SUNRIDGE BUILDERS, INC.

  • Must a claimant have filed a construction defect lawsuit within the grace period, not merely served and NRS Chapter 40 Notice, to preserve his or her claim after the 6-year statute of repose has run.

JPMORGAN CHASE BANK, NAT’L ASS’N VS. SFR INV.’S POOL 1, LLC

  • What statute of limitations applies to an action brought to enforce the Federal Foreclosure Bar.

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Nevada Appellate Courts Advance Opinions for July 9, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 9, 2020

State, Dep’t of Taxation v. Dist. Ct.

  • Does a government entity have possession, custody, or control over the content on the personnel cell phones of former workers hired through a temporary employment agency so as to be required under NRCP 16.1 to disclose that material.

Anthony S. Noonan IRA, LLC v. U.S. Bank

  • Can the entire amount of a homeowner’s association (HOA) yearly assessment be included in the superpriority piece of an HOA’s lien under 116.3116.

Kuptz-Blinkinsop v. Blinkinsop

  • Does NRS 11.190(1)(a), which requires that an action on a divorce decree commence within six years, apply to claims of enforcement of real property distribution in divorce decrees.

Est. of Curtis v. S. Las Vegas Med. Inv’rs

  • Is a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to thereafter monitor the patient, a matter of professional negligence subject to NRS 41A.071’s affidavit requirement.

Matthews v. State

  • Did the court error in denying a defendant’s Batson objection.

State, Dep’t of Corr. v. DeRosa

  • Does NRCP 4.2(a) require personal service of a petition for judicial review of an agency’s decision.

Nelson v. Nelson

  • Are orders denying a request for a joint preliminary injunction pursuant to EDCR 5.157 in a family law matter appealable under NRAP 3AA(b)(3).

Spencer v. Klementi

  • Does Nevada’s absolute privilege that attaches to judicial and quasi-judicial proceedings extend to statements made during the public-comment period of a planning-commission or improvement-district meeting,

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Nevada Appellate Courts Advance Opinions for March 5, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 5, 2020

Abrams v. Sanson

  • Are statements sent to a listserv of email subscribers criticizing an attorney’s courtroom conduct and practices protected as good-faith communications under Nevada’s anti-SLAPP statutes.

9352 Cranesbill Tr. v. Wells Fargo Bank

  • Does NRS Chapter 116 limit who can satisfy a default on a superpriority portion of a lien such that a homeowner’s payment can cure a superpriority default.

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Nevada Appellate Courts Advance Opinions for February 27, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 27, 2020

Chur v. Eighth Jud. Dist. Ct.

  • Can a corporate director or officer be held individually liable for breaching his or her fiduciary duty of care through gross negligence.

7510 Perla Del Mar Ave Tr. v. Bank of Am.

  • Does an offer to pay a superpriority amount in the future, once that amount is determined, constitute a tender sufficient to preserve a first deed of trust.

Coroner v. Las Vegas Review-Journal

  • Can the Coroner’s Office refuse to disclose a juvenile autopsy report once it has provided the report to a Child Death Review team under NRS 432B.407(6).
  • Does NRS 239.012 immunize a governmental entity from an award of attorney fees when the entity, in response to a records request, withholds public records in good faith.

Stark v. Lackey

  • Were comments posted to a public Facebook page criticizing a Nevada Department of Wildlife’s biologist’s handling of bears related to a matter of public interest such that they constituted good-faith communications entitled to anti-SLAPP protections.

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Nevada Appellate Courts Advance Opinions for December 19, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 19, 2019

Valentine v. State

  • When is an evidentiary hearing warranted on a fair-cross-section challenge to a jury.

Vegas United Inv. Series 105 v. Celtic Bank

  • Are mortgage savings clauses enforceable in nonresidential property owners’ associations.

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Nevada Appellate Courts Advance Opinions for July 25, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 25, 2019

Daisy Trust v. Wells Fargo Bank

  • Do Nevada’s recording statutes require Freddie Mac to publicly record a deed of trust to establish its interest in a loan.
  • Must Freddie Mac’s loan servicer produce the actual loan servicing agreement with Freddie Mac or the original promissory note to establish its interest in the loan.

Menendez-Cordero v. State

  • What measures should a district court employ when empaneling an anonymous jury.
  • Must a district court instruct a jury on the effect of a deadly weapon enhancement at the penalty phase of a trial.

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Nevada Appellate Courts Advance Opinions for July 3, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 3, 2019

AMAYA VS. GUERRERO RIVERA (CHILD CUSTODY)

  • Can a child custody order satisfy the dependency or custody prong for Special Immigrant Juvenile status (SIJ) predicate findings.
  • Does a showing that reunification with one parent is not viable satisfy the reunification prong for SIJ findings.

U.S. BANK NAT’L ASS’N ND VS. RESOURCES GRP., LLC

  • How should a foreclosing HOA determine the address to send a notice of default to a first deed of trust holder absent a formal request.

BOESIGER VS. DESERT APPRAISALS, LLC

  • Is expert witness testimony necessary to establish the professional standard of care governing real estate appraisals.

PEREZ (GERARDO) VS. WARDEN

  • What is the relevant sentencing statute for the purposes of applying statutory credits to the minimum term of an offender’s sentence.

SATICOY BAY LLC SER. 9050 W WARM SPRINGS 2079 VS. NEV. ASS’N SERV.’S

  • Does NRS116.31166 permit the use of funds provided for the foreclosure price held in trust to redeem a property.
  • Is substantial compliance sufficient for the purposes of NRS Chapter 116’s redemption statute’s notice requirement.

PARDEE HOMES OF NEVADA VS. WOLFRAM

  • Do attorney fees incurred by a plaintiff in bringing a two-party breach-of-contract claim against a defendant constitute special damages which would warrant an award of attorney fees.

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Nevada Appellate Courts Advance Opinions for March 14, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 14, 2019

RESOURCES GRP., LLC VS. NEVADA ASS’N SERV.’S, INC.

  • Does a person conducting a sale under NRS Chapter 116, governing nonjudicial foreclosure sales by a unit-owners’ association (UOA), have the discretion to refuse to issue a foreclosure deed to the highest bidder at a foreclosure sale after payment has been made, when it is later determined that the delinquency amount may have been paid by the property owner before the sale.

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Nevada Appellate Courts Advance Opinions for March 7, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 7, 2019

BANK OF AMERICA, N.A. VS. THOMAS JESSUP, LLC SER. VII

  • Does an offer to pay a superpriority amount in the future, when that amount is determined, constitute a tender sufficient to preserve a first deed of trust.
  • Is a formal tender excused when the party entitled to payment represents that if a tender is made, it will be rejected.

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Nevada Appellate Courts Advance Opinions for September 13, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 13, 2018

WELLS FARGO BANK, N.A. VS. RADECKI

  • Is a regularly conducted, non-collusive NRS Chapter 116 foreclosure sale exempt from the Uniform Fraudulent Transfer Act (UFTA) pursuant to NRS 112.170(2).
  • Does an alleged inaccuracy in a foreclosure deed invalidate an otherwise valid foreclosure sale.

IN RE: CONNELL LIVING TRUST

  • Does a trust beneficiary forfeit interest in the trust’s assets pursuant to a no-contest clause penalty by breaching her fiduciary duties while acting in her dual capacity as trustee.

BANK OF AMERICA, N.A. VS. SFR INV.’S POOL 1, LLC

  • Does a first deed of trust holder’s unconditional tender of a superpriority amount due result in the buyer at foreclosure taking the property subject to the deed of trust.

BAIGUEN VS. HARRAH’S LAS VEGAS, LLC

  • When does an injury arising from an employer’s failure to provide medical assistance to an employee arise out of and in the course of the employment.

IBARRA (GABRIEL) VS. STATE

  • Does a person who asks to borrow another person’s property temporarily while intending to steal it permanently, take the property without the other person’s consent for purposes of NRS 205.270(1) (larceny from a person).

ROSENBERG LIVING TRUST VS. MACDONALD HIGHLANDS REALTY, LLC C/W 70478

  • Does Nevada recognize implied restrictive covenants based on a common development scheme.

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