Category: Causes of Action

Cause of Action: RICO Damages pursuant to NRS 207.470 Racketeering

The elements of a civil claim for damages caused by racketeering are:

1. Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity pursuant to NRS 207.360, including (9) taking property from another under circumstances not amounting to robbery, (18) Grand larceny; (29) Perjury or subornation of perjury; (30) Offering false evidence; (35) Any violation of NRS 205.377;

2. Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity in violation of NRS 207.470;

3. Defendants, and each of them, committed at least two separate crimes relating to racketeering constituting a pattern of racketeering activity. (the “Predicate Acts”);

4. Defendants’ crimes are interrelated by distinguishing characteristics and are not isolated incidents but are a part of a pattern of criminal activity;

5. The Defendants, and each of them, violated NRS 207.400;

6. Plaintiff Nona Tobin has suffered damages;

7. Plaintiff Nona Tobin is entitled to treble damages against Defendants, and each of them. NRS 207.470(1);

8. Plaintiff Nona Tobin is entitled to an award of punitive damages; and

9. Plaintiff Nona Tobin is entitled to an award of attorney fees and costs as damages. NRS 207.470(1).

A partial list of the Counter-Defendants’, Cross-defendants’ and third-party defendants’ Predicate Acts

Nationstar LLC and/or Nationstar LLC dba Mr. Cooper recorded false claims on 12/1/14, 1/22/15, 8/17/15, 1/13/16, 6/7/16,  3/8/19 rescind and 3/8/19 assign, and 6/3/19.

Red Rock Financial Services recorded false claims on 12/14/12, 3/12/13, 4/3/13, 4/8/13, and executed the foreclosure deed Thomas Lucas recorded on 8/22/14.

Joseph Hong’s clients recorded false claims on 6/9/15, 6/9/15, 12/1/15, 5/1/19, 5/23/19, 5/28/19, 7/24/19, 12/3/19, 12/27/19, and 12/27/19 and aided and abetted false claims to be recorded on 6/3/19, 6/4/19, 7/10/19, 7/17/19,  12/27/19, 2/6/20, 2/6/20,  and 12/4/20.

Attorneys for Wright, Finley, Zak, aided and abetted mortgage servicing fraud of both Bank of America and Nationstar Mortgage by filing into these quiet title civil actions statements known to be false and disclosing false evidence Edgar Smith (NV bar #5506) on 1/11/16, 4/12/16 DECL, 4/12/16, 5/10/16, 6/2/16, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18, (Dana Johnson Nitz NV Bar #0050, Michael Kelly NV Bar #10101).

Attorneys for Akerman LLP (Melanie Morgan NV Bar #8215, Karen Whelan NV Bar #10466, Donna Wittig NV Bar #11015). 5/15/18, 2/7/19, Thera Cooper NV Bar #13468, 2/12/19, 2/12/19,  2/20/19, 2/21/19, 2/21/19, 2/27/19, 2/28/19, 2/28/19, 3/7/19, 3/12/19, 3/12/19, 3/18/19, 3/21/19, 3/26/19 RTRAN, 4/12/19, 4/15/19 (SAO signed 4/10/19), 4/19/19,  4/23/19, 4/23/19 RTRAN, 4/25/19 RTRAN, 5/3/19, 5/21/19 RTRAN, 5/29/19 RTRAN, 5/31/19, 6/24/19, 6/24/19, 6/25/19, 7/1/19, 7/22/19.

Joseph Hong (NV Bar #5995) filed written false statements, filed frivolous unsupported harassing pleadings, knowingly made false verbal statements, made fraudulent misrepresentations of material facts, concealed/failed to disclose material facts, conspired with others, received proceeds, on these dates, 6/9/15 DEED, 6/16/15, 6/8/16, 8/12/15, 10/16/15, 8/30/16, 9/29/16 RTRAN, 12/5/16, 12/20/16 RTRAN, 3/13/17, 3/13/17, 3/13/17, 12/5/18,  3/25/19, 3/26/19 RTRAN, 4/15/19, 4/22/19, 4/23/19 minutes,  4/23/19 RTRAN, 4/23/19 RTRAN annotated, 4/25/19 RTRAN, 5/1/19 DEED, 5/3/19, 5/21/19, 5/23/19 Agreement, 5/24/19, 5/29/19 video, 5/29/19 RTRAN, 6/3/19 RTRAN, 6/3/19 video, 6/5/19, 6/5/19 video, 6/5/19 RTRAN, 6/5/19 video, 6/6/19 RTRAN, 6/24/19, 6/28/19, 8/7/19, 8/13/19, 9/3/19 RTRAN, 9/3/19 video, 6/25/20, 7/1/20,  8/3/20 annotated,, 8/11/20 video, 8/11/20 RTRAN, 10/8/20, 10/8/20 annotated, 10/16/20 OST, 10/16/20 NEO, 10/29/20 RTRAN, 10/29/20 video, 11/3/20 video, 11/3/20 RTRAN.

Detailed allegations against defendants are delineated in complaints to the Nevada Attorney General on 3/14/19 and 11/10/20.

Detailed allegations against defendants are delineated in complaints to the Nevada State Bar on 2/14/21 and on 2/16/21.

Detailed allegations against multiple defendants are delineated in these publications

Cause of Action: Abuse of Process
Recommendation to the Nevada Commision on Judicial Discipline
Nevada Commission on Judicial Discipline Complaint
Specific allegations related to false claims recorded by multiple defendants in the Clark County Official property records are in this publication
NONA TOBIN’S 3/15/21 REQUEST FOR JUDICIAL NOTICE

Detailed allegations against Brittany Wood are delineated in these publications

Complaint to the State Bar of Nevada Ethics & Discipline Panel vs. Brittany Wood
Complaint to the State Bar of Nevada Ethics & Discipline Panel vs. Brittany Wood

Detailed allegations against Melanie Morgan are delineated in these publications

Complaint Against Melanie Morgan
Nona Tobin Declaration Under Penalty of Perjury

Detailed allegations against Nationstar are delineated in these publications

This fraud on the court publication has nine videos that show exactly how the attorneys tricked the court into letting Nationstar and Joel Stokes steal Nona Tobin’s house without ever putting on a case, meeting their Plaintiffs’ burden of proof, or refuting Nona Tobin’s claims against them.

Judicial Jiu-Jitsu is fraud on the court
Nationstar Mortgage’s Fraud

Some allegations against Steven Scow & Brody Wight are delineated in these publications

2020 Court hearings Part 1
Interpleader Complaint was filed with an ulterior motive

Court records that evidence fraud on the court Joseph Hong are partially found here

2016 Court hearings

Documentary evidence of abuse of process, fraud on the court, conspiracy, and racketeering are in linked exhibits to the Nevada attorney General & to the Mortgage Lending Division

2nd complaint to the Nevada Attorney General & exhibits
WHY NATIONSTAR & ITS ATTORNEYS MUST BE SANCTIONED AND PAY PUNITIVE DAMAGES
Joseph Hong: pay Nona Tobin treble damages for stealing her house and be disbarred

Specific allegations related to false claims recorded by multiple defendants in the Clark County Official property records are in this publication

Nevada Rules of Professional Conduct

A fable to illustrate Joseph Hong’s & Melanie Morgan’s fraud on the court is in this publication

A Duel to the Death

This publication of the Nevada Rules of Civil Procedure will be updated to highlight relevant rules related to proposed sanctions and proposed civil court reform

Nevada Rules of Civil Procedure

Nona Tobin’s Cross-claims vs. Nationstar and Wells Fargo and counter-claims vs. Red Rock Financial Services and motions for attorney sanctions in Nevada district court case A-21-828840-C are found in this publication

NONA TOBIN’S 2021 MOTIONS FOR ATTORNEY SANCTIONS

Detailed allegations vs. Joseph Hong are in these publications

Joseph Hong: pay Nona Tobin treble damages for stealing her house and be disbarred
10 Reasons why to sanction Joseph Hong

Relevant Nevada case law

NRS 207.470; Stoddart v. Miller, 2008 WL 6070835 (Nev. 2008 ); 

Siragusa v. Brown, 114 Nev. 1384, 971 P.2d 801 (1999); 

Gordon v. Eighth Judicial Dist. Ct., 12 Nev. 216, 231, 913 P.2d 240, 250-51 (1996); 

Cummings v. Charter Hosp. of Las Vegas, Inc., 111 Nev. 639, 896 P.2d 1137 (1995); 

Allum v. Valley Bank of Nevada, 109 Nev. 280, 849 P.2d 297 (1993); 

Hale v. Burkhardt, 104 Nev. 632, 634, 764 P.2d 866, 867 (1988).

Cause of Action: Fraud

The Elements of fraud apply to all the defendants being named in case A-21-828840-C that were opposing counsels to Nona Tobin in Nevada district court cases related to a dispute over the title of 2763 White Sage that was sold at an HOA foreclosure sale in 2014, i.e., in cases A-21-828840-C, A-19-799890-C, A-16-73-0078-C, and A-15-720032-C.

The elements of the cause of action of Fraud on the Court:

1. Defendant makes a false representation as to a past or existing fact.

2. With knowledge or belief by defendant that representation is false or that defendant lacks sufficient basis of information to make the representation;

3. Defendant intended to induce the Court to act in reliance on the representation;

4. Justifiable reliance upon the representation by the Court;

5. Causation and damages to plaintiff Nona Tobin as a result of the Court’s relying on misrepresentation; and

6. Must be proved by clear and convincing evidence and be pled with specificity.

Relevant Nevada court cases

NEVADA JURY INSTRUCTIONS 9.01; 

NRCP 9;

(b) Fraud or Mistake; Conditions of Mind.  In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally

NRCP 9(b)

Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 121 Nev. 44, 75, 110 P.3d 30, 51 (2005); 

J.A. Jones Constr. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 89 P.3d 1009 (2004); 

Barmettler v. Reno Air, Inc., 14 Nev. 441, 956 P.2d 1382 (1998); 

Blanchard v. Blanchard, 108 Nev. 908 (1992);  

Bulbman, Inc. v. Nev. Bell, 108 Nev. 105, 111, 825 P.2d 588, 592 (1992); 

Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998);  

Sanguinetti v. Strecker, 94 Nev. 200, 206, 577 P.2d 404, 408 (1978); 

Lubbe v. Barba, 91 Nev. 596, 541 P.2d 115 (1975).