Rule of law – SCA Strong

Voluntary recusal is the high road and the path of least resistance, but for Judge Peterson, it is also the road not taken. Why?

Judge Peterson refused to recuse herself from the decision about whether to vacate ex parte vexatious litigant restrictive order. Why?

12/19/22 Tobin motion for an order to show cause (“MOSC”) why written finding of attorney misconduct should not be forwarded to the State Bar to avoid Tobin having to file separate civil actions because the State Bar will not investigate the complaints without a court order that contains written findings. The MOSC was supported by Requests for judicial notice of the uninvestigated complaints and the draft civil actions that would have to be filed separately if this court declined to file

3/28/23 order as it was adopted without notice or opportunity to oppose

Tobin’s opposition that Judge Peterson steadfastly refused to allow to be attached to the 3/28/23 order rendering it virtually impossible to appeal

Tobin’s 4/26/23 motion to disqualify Judge Peterson as her impartiality can reasonably be questioned due to improper ex parte communications and acting outside her jurisdiction and conduct in the hearings that showed she made decisions by relying solely on the misrepresentations of opposing counsels and without consideration of Tobin’s evidence. Chief Judge is requested to set aside Judge Peterson’s orders on t from the decision to set aside the orders first on jurisdictional grounds and then on Rules 59 and/or 60 misconduct of the prevailing parties.

5/3/23 Judge Peterson’s affidavit misstates the court record including misrepresenting who the parties are, stating that the case is over, the appeal period is over, but that she can be fair and handle any decisions that are remaining. Given that by refusing to recuse herself is the only way she can guarantee that her extraordinarily harsh and damaging orders against me, that prevent my title claims from ever being adjudicated based on evidence, can stand, why is she insisting on it? What’s in it for her?

5/10/23 Non-party Red Rock LLC’s opposition to my 4/26/23 motion reiterates the same false version of history that omits the fact that there has never been an evidentiary adjudication of anyone’s claims in this case ever and omits the basic fact that he filed the interpleader action in bad faith knowing that Red Rock didn’t have standing to file it, the legal standard for interpleader was not met, and I was the only person with standing to file a claim for the interpleaded proceeds since 6/3/19 before the show trial in the 1st action.

Tobin’s 5/20/23 Declaration and Reply to Steven Scow’s and Judge Peterson’s Opposition to Judge Peterson’s recusing herself from the decision to set aside the 3/28/23

Voluntary recusal is both the high road and the path of least resistance, but for Judge Peterson, it is also the road not taken. Why?

Judges are expected to promote confidence in the judiciary by performing fairly and impartially

Nevada Code of Judicial Conduct (NCJC) provisions implicated in my motion to disqualify Judge Peterson.

Rule 1.1. Compliance With the Law. A judge shall comply with the law, including the Code of Judicial Conduct.

Rule 1.2. Promoting Confidence in the Judiciary

2.2. Impartiality and Fairness. A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.

Rule 2.9. Ex Parte Communications.

(A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows:

(1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided:

(a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and

(b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication and gives the parties an opportunity to respond.

The standard of review is if a reasonable person knowing the facts would agree that Judge Peterson should be disqualified from the case.

I contend that Judge Peterson did not treat me fairly or promote confidence in the judiciary by specific actions or inactions. Each example will be presented separately along with hyperlinks to the documentary evidence.

8/19/21 Judge Peterson did not end the meritless interpleader action in my favor in 2021. She left it hanging for two years and wrongly dismissed my other legitimate claims with prejudice without considering the evidence or the law.

02/03/21

Doc ID# 2 Complaint for interpleader

3/8/2021

Doc ID# 14 Nona Tobin’s Answer, Affirmative Defenses, Answer And Counter-Claim vs. Red Rock Financial Services, Cross-Claims Vs. Nationstar Mortgage LLC And Wells Fargo, N.A., And Motion For Sanctions vs. Red Rock Financial Services And Nationstar Mortgage LLC, and/or Nationstar Mortgage dba Mr. Cooper Pursuant To NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005

4/12/2021

Doc ID# 22 Nona Tobin’s Amended Motion for an Order to Distribute Interpleaded Proceeds with Interest to Sole Claimant Nona Tobin

2/17/2021

Doc ID# 13 Disclaimer of interest – Republic Services

3/15/2021

Doc ID# 15 Request for Judicial Notice
Nona Tobin’s Request for Judicial Notice of the Complete Official Clark County 2003-2021 Property Records for APN 191-13-811-052

4/9/2021

Doc ID# 20 Wells Fargo, N.A. and Nationstar Mortgage LLC’s Answer to Red Rock Financial Services’ Complaint for Interpleader (NRCP 22)

On 8/19/21, she refused to hear and decide my motion to grant me the $57,282.32 excess proceeds from the 8/15/14 HOA sale of late fiance’s home, plus interest at the Nevada legal interest rate when these things were undisputed at that time:

I was the only party who had timely filed a claim for the proceeds
I was the only party who had ever filed a civil claim for the proceeds.
Nevada law (NRS 116.31164(3)(c ) required those proceeds be distributed in the manner proscribed in the statute after the sale in 2014.
All fees that the statute allowed Red Rock to collect Red Rock had collected before the $57,282.32 was declared “excess” as shown on page 3, #10 “In connection with the foreclosure sale, the Association was paid the money it was owed, and RRFS was paid its fees and costs incurred in collecting the debt as allowed by contract and Nevada law. After paying these costs, RRFS was left with funds of $57,282.32.”
Red Rock’s statement in the complaint on page 3, #12, is provably false and rendered the entire interpleader action to be meritless and unwarranted and filed for an improper purpose.“Records in Clark County, Nevada indicate that there are several potential liens and other debts secured by the Subject Property belonging to the defendants in this action. RRFS believes these debts exceed the amount currently in the possession of RRFS.”
Records in Clark County for the property, APN 191-13-811-052, in their entirety were provided to the court in a request for judicial notice that I filed on 3/15/21 and hand-delivered in 3-ring binders to the court on the 11th floor of the Phoenix Building on or about 5/11/21, show exactly that the liens of all the named defendants except me as an individual were released June 3, 2019 or before and so it was impossible for this to have been an innocent mistake. An interpleader action requires the multiple competing interests and potential mu

Legal Standard: motion for summary judgment

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett,477 U.S. 317, 323–24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Summary judgment is therefore appropriate if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

“A party asserting that a fact cannot be or is genuinely disputed must support the assertion,” and can do so in either of two ways: by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials”; or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1).

“A fact is ‘material’ when, under the governing substantive law, it could affect the outcome of the case. A ‘genuine issue’ of material fact arises if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass’n,322 F.3d 1039, 1046 (9th Cir.2003) (quoting Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

Conversely, where the evidence could not lead a rational trier of fact to find for the nonmoving party, no genuine issue exists for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citing First Nat’l Bank v. Cities Serv. Co.,391 U.S. 253, 289, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)).

The moving party has the burden of persuading the court as to the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548;Miller v. Glenn Miller Prods.,454 F.3d 975, 987 (9th Cir.2006).

The moving party may do so with affirmative evidence or by “ ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548.

Once the moving party satisfies its burden, the nonmoving party cannot simply rest on the pleadings or argue that any disagreement or “metaphysical doubt” about a material issue of fact precludes summary judgment. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548;Matsushita Elec.,475 U.S. at 586, 106 S.Ct. 1348;Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc.,818 F.2d 1466, 1468 (9th Cir.1987).

The nonmoving party must instead set forth “significant probative evidence” in support of its position. T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n,809 F.2d 626, 630 (9th Cir.1987) (quoting First Nat’l,391 U.S. at 290, 88 S.Ct. 1575).

Summary judgment will thus be granted against a party who fails to demonstrate facts sufficient to establish an element essential to his case when that party will ultimately bear the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

When evaluating a motion for summary judgment, the court must construe all evidence and reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See T.W. Elec. Serv.,809 F.2d at 630–31.

Accordingly, if “reasonable minds could differ as to the import of the evidence,” summary judgment will be denied. Anderson,477 U.S. at 250–51, 106 S.Ct. 2505. Turner v. Haw. First Inc., 903 F. Supp. 2d 1037, 1042-44 (D. Haw. 2012)

Nevada quiet title case law supports voiding the sale of 2763 White Sage

Jimijack & Nationstar did not meet their burden of proof

(“We first hold that each party in a quiet title action has the burden of demonstrating superior title in himself or herself.”)
Res. Grp., LLC v. Nev. Ass’n Servs., Inc., 437 P.3d 154, 156 (Nev. 2019)

Facts

Jimijack did not have an admissible deed.
Nationstar was never the beneficial owner of the Hansen 7/22/04 deed of trust.

The foreclosure sale was void and could not remove Tobin’s title rights

A foreclosure sale generally terminates a party’s legal title to the property. See Bldg. Energetix Corp. v. EHE, LP,129 Nev. 78, 86, 294 P.3d 1228, 1234 (2013) ; Charmicor, Inc. v. Bradshaw Fin. Co.,92 Nev. 310, 313, 550 P.2d 413, 415 (1976). This general rule is subject to certain limited exceptions, such as where the sale is void. See Energetix , 129 Nev. at 86, 294 P.3d at 1234 (noting that a lack of substantial compliance with the relevant statutes and a lack of proper notice are exceptions to the general rule); see also Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 134 Nev. ––––, ––––, 427 P.3d 113, 121 (2018), as amended on denial of reh’g (2018) (holding that a foreclosure sale on a lien is void where that lien has been satisfied prior to the sale “as the lien is no longer in default”); Henke v. First S. Props., Inc.,586 S.W.2d 617, 619-20 (Tex. Civ. App. 1979) (concluding that the payment of past-due installments cured a loan’s default such that the subsequent foreclosure on the property was void); 1 Grant S. Nelson, Dale A. Whitman, Ann M. Burkhart & R. Wilson Freyermuth, Real Estate Finance Law § 7:21 (6th ed. 2014) (noting that a trustee’s sale is void where there is no authorization to foreclose, and that there is no authorization to foreclose when the loan is not in default). To complete a valid foreclosure sale for unpaid assessments in Nevada, a UOA must comply with the provisions set forth in NRS Chapter 116. Relevant to the present case, the UOA must mail and record a notice of delinquent assessment, NRS 116.31162(1)(a), “a notice of default and election to sell,” NRS 116.31162(1)(b), and a notice of foreclosure sale, NRS 116.311635(1)(a).

Res. Grp., LLC v. Nev. Ass’n Servs., Inc., 437 P.3d 154, 158 (Nev. 2019)

Facts: the sale was not authorized as noncompliant with statutes

The sale was not authorized by valid corporate action of the HOA Board as defined by NRS 116.31083 and NRS 116.3102 and in SCA bylaws 3.15.
The sale did not comply with the statutes governing HOA foreclosures in NRS 116.31162- NRS 116.31168 (2013).
The sale did not comply with the notice and due process requirements that constrain actions of the HOA Board when it is imposing sanctions for alleged violations of the governing documents, including the alleged violation of delinquent assessments, found in NRS 116.31031, Sun City Anthem CC&Rs 7.4, SCA bylaws 3.26, and NRS 116.31085 and SCA bylaws 3.15A.
Red Rock usurped the authority of the HOA Board by imposing unauthorized fines, fees and charges disregarding NRS 116A.640(8)(9) & (10), NRS 116.31015.

The sale was conducted after the default was cured three times

Check 143, regardless of when or how it was credited paid the $275 quarterly installment of assessments for the period of 7/1/12 to 9/30/12.
Miles Bauer tender of $825 on 5/8/13, would have paid the total delinquent assessments due for the period of 10/1/12 -6/30/13 but for being unlawfully and covertly rejected by Red Rock.
Nationstar negotiator’s offer to the HOA on 5/28/14 of one year ($1,100) assessments to close the escrow on the 5/8/14 $367,500 auction.com sale cured the super-priority of the default, but for Red Rock’s unlawfully and covertly characterizing Nationstar’s offer to the HOA Board as an owner request for waiver. Red Rock falsified the foreclosure file to conceal its misdeeds, and Nationstar aided and abetted Red Rock’s fraud in order to perpetuate a fraud of its own, i.e., to allow the HOA sale to proceed without notice, disregard the restrictions of the PUD Rider Remedies (F), then record a false claim to be Bank of America’s successor in interest, file a false quiet title action against a party with no adverse claim, then falsely claim the HOA sale was unfair to Nationstar because of the rejection of the Miles Bauer tender, but was fair to take away the title rights of the owner. and when the plot was u covered by the owner, claim that Tobin had no rights to assert a quiet title claim.

Due Dates & Deadlines per 2019 Nevada Rules of Civil Procedure


Activity	Time allowed
Service of Summons and Complaint	120 days from filing of complaint. Rule 4(e)(1)
Dismissal For Failure to Serve Summons and Complaint	120 days from filing of complaint. Rule 4(e)(2)
Requesting Waiver of Service	“[A] reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside the United States—to return the waiver”. Rule 4.1(a)(6)
Time to Answer After a Waiver	“60 days after the request was sent—or until 90 days after it was sent to the defendant outside the United States.” Rule 4.1(c); Rule 12(a)(1)(A)(ii)
Defendant Must Serve a Responsive Pleading After Service via the Nevada Secretary of State	21 days. Rule 4.2(c)(3)
A Written Motion and Notice of the Hearing	21 days before the time specified for the hearing. Rule 6(c)(1).
Affidavit in Opposition to Motion	7 days prior to the hearing on the matter. Rule 6(c)(2)
Service by Mail, Leaving With the Clerk, or By Other Means Consented to	3 days are added after the period would otherwise expire under Rule 6(a). Rule 6(d)
Motion For Rule 11 Sanctions	Must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service. Rule 11(c)(2)
Answer a Complaint	Within 21 days after being served with the summons and complaint. Rule 12(a)(1)(A)(1)
Answer a Counterclaim Or Crossclaim	Within 21 days after being served with the pleading that states the counterclaim or crossclaim. Rule 12(a)(1)(B)
Reply to An Answer	Within 21 days after being served with an order to reply. Rule 12(a)(1)(C)
Answer of a Complaint, Counterclaim, Or Crossclaim By The State of Nevada, Its Public Entities and Political Subdivisions, and Their officers and Employees	Within 45 days after service on the party. Rule 12(a)(2)
Motion for a More Definite Statement	Before filing a responsive pleading. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order. Rule 12(e)
Leave to File Third-Party Complaint	Must be requested within 14 days of service of original answer. Rule 14(a)(1)
Amending a Pleading as a Matter of Course	21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. Rule 15(a)(1)
Respond to an Amended Pleading	Within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later. Rule 15(a)(3)
Scheduling Order	Must be issued within 60 days after a Rule 16.1 case conference report has been filed or the date the court waives the requirement for the same. Rule 16(b)(2)
Initial Rule 16.1 Disclosures–Generally	Generally, at or within 14 days after the parties’ Rule 16.1(b) conference. Rule 16.1(a)(1)(C)
Initial Rule 16.1 Disclosures For Parties Served Or Joined Later	Within 30 days after filing an answer or a motion under Rule 12. Rule 16.1(a)(1)(D)
Time to Disclose Expert Testimony	At least 90 days before the discovery cut-off Date. Rule 16.1(a)(2)(E)(i)(a); Rule 16.1(c)(1)(N)
Rebuttal Expert Testimony	Within 30 days after the other party’s disclosure. Rule 16.1(a)(2)(E)(i)(b); Rule 16.1(c)(1)(N)
Pretrial Disclosures	30 days before trial. Rule 16.1(a)(3)(B)(i)
Objections to Pretrial Disclosures	14 days after the disclosure is made. Rule 16.1(a)(3)(B)(ii)
Early Case Conference	Must be held within 30 days of service of an answer of the first answering defendant. Rule 16.1(b)(2)(A). It may be continued for up to 180 days. 16.1(b)(2)(B)
Early Case Conference Report	Within 30 days after each case conference, the parties (or a party individually) must file a joint case conference report. Rule 16.1(c)(1)(A)
Early Case Conference Report After Court- Annexed Arbitration	Within 60 days from the date that the request for trial de novo is filed. Rule 16.1(c)(1)(C)
Motions to Amend Pleadings or Add Parties	90 days before the close of discovery. Rule 16.1(c)(2)(M)
Dispositive Motions	30 days after the discovery cut-off. Rule 16.1(c)(2)(O)
Objection to a Case Conference Report	7 days after service of the report. Rule 16.1(c)(2)
Substitution Upon Death of a Party	180 days after service of a statement noting the death. Rule 25(a)(1)
Beginning of Discovery	At any time after the filing of a joint case conference report, or not sooner than 14 days after a party has filed a separate case conference report, or upon order by the court or discovery commissioner. Rule 26(a)
Notice of Deposition	14 days prior to deposition. Rule 30(b)(1)
Answers to Interrogatories	Within 30 days after being served with the interrogatories. Rule 30(b)(2)
Response to Request to Produce	Within 30 days after being served with the requests. Rule 34(b)(2)(A)
Response to Requests for admission	Within 30 days after being served with the requests. Rule 36(a)(3)
Demand a Jury	Before the entry of the order first setting the case for trial or within 14 days of another party’s service of a demand on only some issues. Rule 38(b) and Rule 38(c)
Notice of Subpoena Duces Tecum	Serve all parties at least 7 days prior to serving the subpoena on the person to whom it is directed to allow for objections. Rule 45(a)(4)(A)
Objections to Subpoena Duces Tecum	The earlier of the time specified for compliance or 14 days after the subpoena is served. Rule 45(a)(2)(B)
Motion For Judgment as a Matter of Law Or Motion For New Trial	28 days from written notice of entry of judgment. Rule 50(b)
Notice of Entry of Judgment	14 days from entry. Rule 58(e)
Motion for a New Trial, Or to Alter Or Amend	28 days from written notice of entry of judgment. Rule 59(b) and Rule 59(e)
Expiration of Temporary Restraining Order	14 days from entry. Rule 65(b)(2)
Motion to Dissolve Temporary Restraining Order	May be heard 2 days from service. Rule 65(b)(4)
Service of offer of Judgment	At any time more than 21 days before trial. Rule 68(a)
Acceptance of offer of Judgment	Within 14 days after service of the offer. Rule 68(d)(1)

Source: Jay Young, www.nevadalaw.info

Request for Judicial Notice: Laws & Regulations Exhibit 10 actions to determine conflicting claims to real property

Elements of Quiet Title

In Nevada, the elements for a claim of quiet title are:
1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS 40.010;2. Complaint must be verified. NRS 40.090-1;
3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;
4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;
5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;
6. Disclaimer must be filed. NRS 40.020;
7. Affidavit to unknown heirs must be filed. NRS 14.040(3);
8. Court must hold a hearing on the evidence in order to issue judgment.
9. Quiet title may not be obtained through default judgment. NRS
40.110; and
10. Record a certified copy of the judgment quieting title. NRS 247.120(0).
foyner v. Bank of America Home Loans. Case No. 2:09-CV-2406-RCJ-RJJ 2010 Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev.1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co . 40 Nev. 9, 159 P. 1081, 1082-83 (1916) No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman. 44 F. Supp. 2d 1105, 1109-10 (D. Nev 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co .. 40 Nev. 9, 159 P. 1081, 1082-83 (1916)
Jay Young, Nevada Law Blog

Nevada statutes on property disputes

NRS 40.010 Actions may be brought against adverse claimants.

An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.
NRS 40.010

NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer.

If the defendant in such action disclaim in the defendant’s answer any interest or estate in the property, or suffer judgment to be taken against the defendant without answer, the plaintiff shall not recover costs.
NRS 40.020

NRS 40.050 Mortgage not deemed conveyance.

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to 32.370, inclusive, NRS 107.100 or chapter 107A of NRS.
NRS 40.050

NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the person’s predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has, personally or through the person’s predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint, except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated.

2. The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiff’s ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.”

3. Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action containing the matters required by NRS 14.010.

NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

1. Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein.

2. Within 30 days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under the unknown person shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.

NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment.

1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.

2. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.

NRS 40.120 Remedy is cumulative.

The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law.

Lis Pendens

NRS 14.010 Notice of pendency of actions affecting real property: Recording.

1. In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his or her answer, if affirmative relief is claimed in the answer, shall record with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.

2. A notice of an action affecting real property, which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.

3. From the time of recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that, at the time of recording the notice, the plaintiff had actual notice of the purchase or encumbrance.

NRS 14.015 Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

1. After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.

2. Upon 15 days’ notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:

(a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;

(b) The action was not brought in bad faith or for an improper motive;

(c) The party who recorded the notice will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and

(d) The party who recorded the notice would be injured by any transfer of an interest in the property before the action is concluded.

3. In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:

(a) That the party who recorded the notice is likely to prevail in the action; or

(b) That the party who recorded the notice has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him or her in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,

Ê and that if the party who recorded the notice prevails he or she will be entitled to relief affecting the title or possession of the real property.

4. The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court permits.

5. If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

6. If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so cancelled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

NRS 14.017 Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation

1. Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of the county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.

2. The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.

Request for Judicial Notice: Laws & Regulations Exhibit 9 Declaratory Judgments

NRS Chapter 30 Declaratory Judgments

NRS 30.030 Scope.

Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
NRS 30.030

NRS 30.040 Questions of construction or validity of instruments, contracts and statutes.

1. Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
NS 30.040

NRS 30.070 Enumeration not exclusive.

The enumeration in NRS 30.040, 30.050 and 30.060 does not limit or restrict the exercise of the general powers conferred in NRS 30.030 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
NRS 30.070

NRS 30.080 Discretion of court to render or enter judgment.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
NRS 30.080

NRS 30.090 Review.

All orders, judgments and decrees under NRS 30.010 to 30.160, inclusive, may be reviewed as other orders, judgments and decrees.
NRS 30.090

NRS 30.100 Supplemental relief.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
NRS 30.100

NRS 30.110 Jury trial.

When a proceeding under NRS 30.010 to 30.160, inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
NES 30.110

NRS 30.120 Costs.

In any proceeding under NRS 30.010 to 30.160, inclusive, the court may make such award of costs as may seem equitable and just.
NES 30.120

NRS 30.130 Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding
NRS 30.130

NRS 30.140 Construction.

NRS 30.010 to 30.160, inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.
NRS 30.140

Request for Judicial Notice: Laws & Regulations Exhibit 8 Documentary evidence

NRS 52.235 Original required.

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this title.
NRS 52.235

NRS 52.260 Record made in course of regularly conducted activity; affidavit required.

      1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.
      2. The custodian of the record or other qualified person must verify in the affidavit that the record was made:
      (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and
      (b) In the course of the regularly conducted activity.
NRS 52.260

Request for Judicial Notice: Laws & Regulations Exhibit 6 Sanctions & damages

Nevada Rules of Professional Conduct (as amended through 10/19/19)

Nevada Rules of Professional Conduct excerpts related to the instant action

ABA Standards for Imposing Lawyer Sanctions (as amended 1992)

ABA Standards for Imposing Lawyer Sanctions – excerpts

NRCP 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(b) Representations to the Court.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
NRCP 11(b)

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney fees, incurred for presenting or opposing the motion.
(3) On the Court’s Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).
(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a
penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney fees and other expenses directly resulting from the violation.
(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:
(A) against a represented party for violating Rule 11(b)(2); or
(B) on its own, unless it issued the show cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.
(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
NRCP 11(c)

NRS 18.010 Award of attorney’s fees.

2. In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:
(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney’s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public
NRS 18.010(2)(b)

NRS 42.005 Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

1. Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:
(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more;
3. If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.
NRS 42.005 (1) (3)

NRS 41.1395 Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.
4. For the purposes of this section:
(b) “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property; or
             (2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property.
      (d) “Older person” means a person who is 60 years of age or older.
NRS 41.1395

“Legal Issues Related to Elder Abuse: A Desk Guide for Law Enforcement” American Bar Association

Request for Judicial Notice: Laws & Regulations Exhibit 5 Limits on Fraud and Racketeering

NRS 111.175 Conveyances made to defraud prior or subsequent purchasers are void.

NRS 205.330 Fraudulent conveyances.

NRS 205.372 Mortgage lending fraud; penalties; civil action.

NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

1. A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:
      (a) The person knows to be false or omitted;
      (b) The person intends another to rely on; and
      (c) Results in a loss to any person who relied on the false representation or omission,
NRS 205.377

NRS 205.380 Obtaining money, property, rent or labor by false pretenses.

NRS 205.395 False representation concerning title; penalties; civil action.

NRS 207.230 Acting without lawful authority.

NRS 205.405 Falsifying accounts.

NRS 207.360 “Crime related to racketeering” defined.

9. Taking property from another under circumstances not amounting to robbery;
18. Grand larceny;
26. Receiving, possessing or withholding stolen goods valued at $650 or more;
27. Embezzlement of money or property valued at $650 or more;
28. Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;
29. Perjury or subornation of perjury;
30. Offering false evidence;
35. Any violation of NRS 205.377;
NRS 207.360

NRS 207.400 Unlawful acts; penalties.

NRS 207.470 civil actions for damages resulting from racketeering.

1. Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.
4. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty

NRS 207.480 Order of court upon determination of civil liability.

NRS 207.520 Limitation of actions.

ANTI-FORECLOSURE FRAUD LAWS

AB 284 (2011) summary and legislative digest

Nevada’s 2011 anti-foreclosure fraud “robo-signing” bill amended NRS 107 and NRS 205 to make these changes:

specifies duties of the trustee;
assignments not effective unless and until recorded;
a notarized affidavit under penalty of perjury that the lender or trustee is in actual possession of the note;
civil penalties for mortgage lending fraud;
Section 9 amends NRS 107.080, which is one of the main statutes related to foreclosures.
It requires a notice of default or “NOD” to include a notarized affidavit of the trustee’s authority to exercise the power of sale.
The affidavit must spell out all the money that is owed, and must include a statement under penalty of perjury that the lender or the trustee is in actual possession of the note.
As in section 6, it sets forth civil penalties for violations.

NRS 107.028 Trustees: Qualifications; limitations on powers

2. A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.
NRS 107.028(2)

12 CFR1026.39 Mortgage transfer disclosures – Truth in Lending (TILA) requirements of disclosure of change of beneficiary

SB 321 (2013) Nevada Homeowner Bill of Rights – prevention of “dual tracking”