Thursday, February 11, 2021-Las Vegas-J. Parraguirre, J. Stiglich, and J. Silver

81220 Detwiler vs. Dist. Ct. (Baker Boyer Nat’l Bank)
Docket Number: 81220
Las Vegas - 10:00 A.M. - Southern Nevada Panel

This is an original petition for a writ of mandamus, or alternatively, prohibition.  Petitioner Edward Detwiler challenges a judgment imposing sanctions on him for contempt of court.  In the underlying case, the district court ordered James Foust to turn over his classic car collection to satisfy an overdue debt.  The district court found that Foust had fraudulently transferred those cars to a company that petitioner managed, and ordered both the company and petitioner to turn over any cars in their possession.  Petitioner maintained that he did not know where the cars were.  After an evidentiary hearing, the court found that petitioner was untruthful and was refusing to obey a court order.  It held him in contempt and ordered him to pay $218,000 of the Bank’s attorneys’ fees, as well as an additional $100,000 penalty. Petitioner now seeks to vacate the judgment of contempt for several constitutional and statutory reasons.

ISSUES:

In particular, he argues that the court imposed criminal penalties without proper notice; that the court violated his rights by excluding him from the courtroom while Foust testified; that the court exceeded its authority by imposing the $100,000 penalty; that the fee award was unfairly high; that the district court improperly found he and the company were Foust’s alter egos; and that the judgment below is void because of a technical error in the case caption.

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

81618 Guadagna vs. Dist. Ct. (Nat’l Credit Adjusters, LLC)
Docket Number: 81618
Las Vegas - 11:00 A.M. - Southern Nevada Panel

This is an original petition for a writ of mandamus, or alternatively, prohibition. Petitioner contends that he is a non-party to the underlying action between real party in interest National Credit Adjusters, LLC and GMA Investments, LLC d/b/a Summit Receivables.  Petitioner is Summit's CEO and NRCP 30(b)(6) designee, and after he failed to appear for his deposition, to respond to motions to compel, and to appear at hearings, the district court granted NCA's request for case ending sanctions and entered default judgment in NCA's favor.  The district court further held, pursuant to NRS 22.100 and NRCP 37, petitioner and Summit jointly and severally liable for all of NCA's attorney fees and costs—which petitioner now challenges.

ISSUES:

The primary issues on appeal are whether: (1) the district court erred in issuing monetary sanctions against a non-party despite real party in interest’s failure to allege alter ego theory to pierce the corporate veil; and (2) the writ petition is untimely and barred by the doctrine of latches.

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

78862 Hill (Brandon) vs. State
Docket Number: 78862
Las Vegas - 1:00 P.M. - Southern Nevada Panel

This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus.

ISSUES:

On appeal, the issues are whether: (1) trial counsel was ineffective by failing to: (a) prepare and conduct pretrial investigations, (b) challenge the State's DNA evidence, (c) file a motion to suppress evidence, (d) seek a pretrial lineup, and (e) conceding Hill's guilt in closing; (2) the district court erred by denying Hill's petition without an evidentiary hearing; and (3) cumulative trial error warrants reversal.

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