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



(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).

On Tyranny

It’s hard to subvert a rule-of-law state without lawyers or to hold show trials without judges.

Timothy Snyder On Tyranny: Twenty Lessons from the Twentieth Century – Lesson 5 “Remember professional ethics.”

This statement is very meaningful to me given what Sun City Anthem’s unscrupulous, self-serving lawyers have done to subvert the rule of law in our community.

Today is my 17th anniversary as an owner

I moved into my newly built house at 2664 Olivia Heights on February 20, 2004.

I have been a Sun City Anthem homeowner in good standing with only one $25 fine assessed for paying my 7/1/12-9/30/12 $275/ quarterly assessments on 8/17/12 instead of before 7/31/12.

I was elected to the HOA Board in 2017

I applied to run for the Board again this year

So instead of the rule of law governing our democratic Board elections…

Am I the only Board candidate who has been covertly “vetted” out of the race by persons unknown?