Tag: NRS 116.31168

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 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 August 2, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 2, 2018

COLES (BRENT) VS. BISBEE

  • Does the Parole Board’s use of the Static-99R recidivism risk assessment comply with the relevant statutory provisions governing parole review for prisoners convicted of sexual offenses.

SHORES VS. GLOBAL EXPERIENCE SPECIALISTS, INC.

  • Must a noncompete agreement that imposes a nationwide restriction be limited to the geographical areas in which an employer has particular business interests.

N. NEVADA HOMES, LLC VS. GL CONSTR., INC.

  • What is the proper method of determining the prevailing party when faced with both a settlement and a damages recovery.

IN RE: PARENTAL RIGHTS AS TO S.L., N.R.B., H.R.B., W.C.B. C/W 71889

  • Does the termination of parental rights bases on the parents’ refusal to admit to abuse violate their Fifth Amendment rights.

SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5)

  • Does NRS 116.31168(1)’s incorporation of NRS 107.090 require a homeowner’s association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on October 1, 2015.

GRANADA-RUIZ (GAMBINO) VS. DIST. CT. (STATE)

  • When does double jeopardy prohibit a retrial.

CLARK CTY. VS. HQ METRO, LLC

  • Does an order for immediate occupancy permitting a party to occupy a permanent easement vest a right to compensation.

NEVADA RECYCLING AND SALVAGE, LTD VS. RENO DISPOSAL CO., INC.

  • Were the appellants injured in their business and therefore have standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA).

HUBBARD (CORY) VS. STATE

  • Must the defense place intent or absence of mistake at issue before the State can seek admission of prior act evidence.

RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)

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Nevada Appellate Courts Advance Opinions for November 22, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 22, 2017

BRADLEY VS. DIST. CT. (HUDSON)

  • Does NRS 49.209’s privilege between a psychologist and patient apply when a criminal defendant seeks records related to a patient who is court-ordered to partake in therapy.

NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON

  • Is commercial reasonableness a relevant inquiry in an HOA foreclosure sale of real property.

YU VS. YU

  • When can a post-judgment vexatious litigant determination be challenged on appeal.

GARDNER VS. DIST. CT. (HENDERSON WATER PARK, LLC)

  • Does the alter ego doctrine apply to limited liability companies.

COLLINS (LESEAN) VS. STATE

  • Were a defendant’s constitutional rights violated on the first day of trial when the district court barred him from the courtroom for disruptive conduct for a two-hour period, during which it excused individual jurors for hardship, statutory ineligibility, and language barrier reasons.
  • Can a witness offer an opinion as to a defendant’s guilt.
  • When is a defendant entitled to a jury instruction on a lesser-included offense of voluntary manslaughter.

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