Thursday, December 12, 2019 - Las Vegas - J. Hardesty, J. Stiglich, and J. Silver
Garcia vs. Awerbach
Docket Number: 71348
Las Vegas - 11:30 a.m. - Southern Nevada Panel
This appeal seeks to challenge the rulings of the district court on the issue of permissive use of the vehicle in a tort action and presents the following issue on appeal.
ISSUES:
Whether it was improper for a district court judge to sua sponte reconsider a prior discovery sanction, entered by a different district court judge, and in so doing allow the issue of permissive use to be presented to the jury when the prior order dictated that permissive use was established as a matter of law.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Abrams vs. Sanson C/W 75834
Docket Number: 73838
Las Vegas - 1:30 p.m. - Southern Nevada Panel
This is a consolidated appeal from two district court orders granting respondents special motions to dismiss under Nevada’s anti-strategic lawsuit against public participation (SLAPP) statutes. After a dispute between Appellants Jennifer Abrams and the Abrams & Mayo Law Firm (collectively, Abrams) and Respondents Louis Schneider and the Law Offices of Louis Schneider, LLC (collectively, Schneider) as opposing counsel in a separate divorce case, Respondents Steve Sanson and Veterans in Politics International, Inc. (collectively, Sanson) published a series of videos and statements concerning judicial transparency and the practices of Abrams. Abrams subsequently filed suit under various claims, and Schneider and Sanson filed two separate special motions to dismiss under NRS 41.660.
ISSUES:
The district court granted both Schneider and Sanson’s special motions to dismiss, concluding that Schneider never published any statements, Sanson’s statements were made in direct connection with an issue of public interest in a public forum without knowledge of its falsity, and that Abrams failed to meet her burden to show with prima facie evidence a probability of prevailing on her tort and accessory liability claims. The district court also did not grant Abrams’ request for limited discovery. Abrams appeals.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Ovalle (Michael) vs. State
Docket Number: 78084
Las Vegas - 2:00 p.m. - Southern Nevada Panel
Michael Ovalle was accused of domestic violence after his girlfriend told her relatives that Ovalle had strangled her while the two were on a weekend trip in Las Vegas. Officers were unable to substantiate the initial report and Krystal, at a subsequent welfare check, recanted her earlier allegations. The State charged and a jury convicted Ovalle of battery constituting domestic violence—strangulation.
ISSUES:
The issues on appeal are whether the district court erred by (1) denying Ovalle’s petition for writ of habeas corpus; (2) denying his motion for a court order finding that a witness had not been properly commanded to appear at trial; (3) denying his motion to dismiss on the basis of spoliation of evidence; (4) denying his motions for a mistrial and a new trial based on the prosecutor’s comment regarding Ovalle’s potential punishment during voir dire; and (5) failing to admonish the jury and failing to grant a new trial after the prosecutor’s golden rule violations.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Residential Credit Sol.’s, Inc. vs. Trp Fund IV, LLC
Docket Number: 75384
Las Vegas - 3:00 p.m. - Southern Nevada Panel
This is an appeal following a final judgment in an action to quiet title in an HOA superpriority lien foreclosure sale granting title to respondent TRP Fund IV, LLC (TRP) and extinguishing appellant Residential Credit Solutions, Inc.’s (RCS) deed of trust. A few months prior to the trial date, the district court denied RCS’s attempt to amend its complaint to assert facts about Freddie Mac’s interest in the property and additional claims against respondent homeowner association Antigua Maintenance Corporation a/k/a Antigua Condominiums (Antigua), deeming the amendments to be prejudicial and futile. RCS challenges this determination on appeal. The district court then granted summary judgment in favor of TRP and Antigua.
ISSUES:
In doing so, it found that (1) the foreclosure sale was not commercially unreasonable as there was no evidence of fraud, unfairness, or oppression, and (2) the tort and contract claims against Antigua failed. A judgment of quiet title was granted in favor of TRP free and clear of RCS’s and any other alleged interests. When RCS sought relief from or amendment to the judgment in light of Shadow Canyon’s ruling and notice deficiencies to its predecessor-in-interest, the district court denied its motion. RCS now appeals.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Republican Attorneys Gen. Ass’n vs. Las Vegas Metro. Police Dep’t
Docket Number: 77511
Las Vegas - 3:30 p.m. - Southern Nevada Panel
This is an appeal by Republican Attorneys General Association (RAGA) of a district court order denying its Nevada Public Records Act (NPRA) petition to compel Las Vegas Metropolitan Police Department (Metro) to produce records related to a juvenile incident and then State Senator Aaron Ford’s interaction with police. RAGA sent four NPRA requests to Metro for police bodycam footage and other records related to the incident, but Metro refused to provide the requested records because the records contained confidential juvenile justice information. RAGA filed a petition for writ of mandamus in district court to compel Metro to produce the records, which the district court denied. RAGA appeals.
ISSUES:
This is an appeal by Republican Attorneys General Association (RAGA) of a district court order denying its Nevada Public Records Act (NPRA) petition to compel Las Vegas Metropolitan Police Department (Metro) to produce records related to a juvenile incident and then State Senator Aaron Ford’s interaction with police. RAGA sent four NPRA requests to Metro for police bodycam footage and other records related to the incident, but Metro refused to provide the requested records because the records contained confidential juvenile justice information. RAGA filed a petition for writ of mandamus in district court to compel Metro to produce the records, which the district court denied. RAGA appeals.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do