Tuesday, September 18- Las Vegas- Silver/Tao/Gibbons

Fiola vs. Harley C/W 72487
Docket Number: 71863
Las Vegas - 10:00 A.M. - Court of Appeals

Lucas Fiola and Oscar Gatez sued Amber Harley for injuries following a car accident. Harley admitted liability for the accident but contested whether the accident caused the plaintiffs’ claimed injuries. At trial, each side presented expert testimony and medical evidence regarding causation. Harley also presented evidence showing Gatez engaged in various activities inconsistent with his claimed injuries, including four still photographs from a pornographic video Gatez starred in following the accident. The jury found for Harley. Harley thereafter moved for her attorney fees and costs, and the district court granted the motion.

ISSUES:

Whether (1) the district court abused its discretion by awarding fees and costs jointly and severally without any analysis regarding whether to apportion fees and costs, (2) the district court abused its discretion by awarding fees and costs without analyzing the Brunzell factors in its written order, and (3) the district court was required to sua sponte give a limiting instruction at trial regarding the effect of Gatez’s pornographic photographs on Fiola’s case.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.

Rose, LLC vs. Treasure Island, LLC
Docket Number: 71941
Las Vegas - 10:30 A.M. - Court of Appeals

This appeal arises from a contractual dispute between appellant Rose, LLC (Rose) and respondent Treasure Island, LLC (TI) regarding notice of failure to pay rent. TI and Rose entered into a 30-year lease for strip-front property where Rose’s subtenant, Señor Frog’s bar and restaurant, is currently located. Rose contends that TI failed to provide notice of failure to pay rent pursuant to the terms of the lease and its amendments. After a bench trial was held, the district court found that the lease was terminated for five reasons: (1) oral modification, (2) waiver, (3) estoppel, (4) actual notice, and (5) substantial compliance with the lease. Rose appeals.

ISSUES:

(1) Is reversal required because all necessary parties were not joined? (2) Did the district court err in concluding that the lease was terminated?

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.

West Charleston Lofts III, LLC vs Dist. Ct. (Farina)
Docket Number: 74104
Las Vegas - 11:30 A.M. - Court of Appeals

Petitioners West Charleston Lofts, LLC, and SAVWCL III, LLC (collectively Petitioners), petition for a writ of mandamus, or in the alternative prohibition, challenging a district court order denying a motion to stay pending proceedings under NRS 38.221. Petitioners successfully compelled one of the real parties in interest (the Investors) to arbitrate a dispute stemming from a failed real estate development. While a motion to compel the remaining Investors to arbitrate was still pending before the district court, the Investors filed a lawsuit against Petitioners in California. Petitioners filed a motion with the district court below requesting that it enter an order staying the California case, arguing that NRS 38.221 required such action and that the California court would honor the Nevada stay order. The district court denied the motion, and Petitioners filed a petition for extraordinary relief.

ISSUES:

(1) Was the district court required to stay the California case under the plain language of NRS 38.221?

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.