Tag: NRS 116.31164

Nevada Appellate Courts Advance Opinions for December 31, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 31, 2020

ASSOC. RISK MGMT., INC. VS. IBANEZ

  • Are undocumented aliens who are injured while working for a Nevada employer eligible for monetary disability benefits.

IN RE: ESTATE OF HORST REVOCABLE TR.

  • What must a trustee include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period challenging the validity of a trust.

MESI VS. MESI  

  • May a district court independently investigate facts in a pending matter by communicating ex parte with another court.
  • Should the second court stay an action where the same action is filed in two courts and a party contests the first court’s jurisdiction.

REPUBLIC SILVER STATE DISPOSAL, INC. VS. CASH  

  • When a tortfeasor settles with the plaintiff, may the tortfeasor assert a claim for contribution against a doctor who allegedly caused injuries in treating the original injury

DUONG, M.D. VS. FIELDEN HANSON ISAACS MIYADA ROBISON YEH, LTD  

  • May a district court blue-pencil an otherwise unenforceable noncompetition agreement pursuant to a provision therein allowing court modification to redeem unreasonable restrictive clauses.

LAS VEGAS METRO. POLICE DEP’T VS. LAS VEGAS REVIEW-JOURNAL   

  • Is the burden-shifting test adopted in Clark County School District v. Las Vegas Review-Journal, to help courts determine whether information that implicates individual privacy interest is subject to disclosure under Nevada Public Records Act (NPRA) one of general application or limited to investigative reports.
  • Does the disclosure of the Las Vegas Metropolitan Police Department (LVMPD) unit assignments implicate its officers’ nontrivial privacy interests.

SATICOY BAY, LLC SER. 133 MCLAREN VS. GREEN TREE SERV. LLC  

  • What is the effect of conclusive deed recitals pursuant to NRS 116.31166 on title disputes after a homeowner’s association lien foreclosure sale.

IN RE: ESTATE OF SCHEIDE, JR.  

  • How must a proponent of a lost will meet its burden of proof to show the will was in legal existence at a testator’s death.

KOSOR, JR. VS. OLYMPIA CO.’S, LLC  

  • Are comments made at an open homeowners’ association meeting protected by Nevada’s anti-SLAPP statutes.

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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 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 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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Nevada Appellate Courts Advance Opinions for March 1, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 1, 2018

STATE, DEP’T. OF BUS. AND INDUS., FIN. INST. DIV. VS. DOLLAR LOAN CTR., LLC

  • Can a payday loan licensee sue to collect on the recovery of a loan made for the purpose of refinancing prior loans under NRS 604A.480(2).

ZENOR VS. STATE, DEP’T OF TRANSP.

  • Are attorney fees prohibited under NRS 18.010(2)(b) in petitions for judicial review of an agency determination.

STATE VS. DIST. CT. (BAKER (JEFFREY))

  • Did a defendant have “an adequate opportunity” to cross-examine a witness when, immediately after the State’s direct examination at the preliminary hearing, the defendant waived his right to continue the preliminary hearing.

ANDREWS (RYAN) VS. STATE

  • Does the simultaneous possession of different schedule I controlled substances constitute separate offenses under NRS 453.3385 or must the weight of the controlled substances be aggregated to form a single offense.

PAWLIK VS. DENG

  • Does NRS 271.595, a statute governing redemption of property sold for default on city tax assessments, create two consecutive redemption periods.

K-KEL, INC. VS. STATE, DEP’T OF TAXATION

  • Did the court lack jurisdiction to consider petitions for judicial review of the Nevada Tax Commission regarding a tax refund request because they were untimely.

DEZZANI VS. KERN & ASSOC.’S, LTD. C/W 69410

  • Can an attorney be held liable for a claim under NRS 116.31183 as an agent of a common-interest community homeowners’ association.
  • Can attorneys litigating pro se and/or on behalf of their law firms recover attorney fees and costs.

JEREMIAS (RALPH) VS. STATE (DEATH PENALTY-DIRECT)

  • Did the district court violate the defendant’s right to a public trial by closing the courtroom to members of the public during jury selection without making sufficient findings to warrant the closure.

Visit the Nevada Appellate Report for more legal news.