January 28, 2021 I complained to the Nevada Commission on Judicial Discipline about Judge Kishner
Summary of 1/28/21 video to NCJD
- Nona Tobin is filing a complaint against Judge Joanna Kishner of the Eighth Judicial District Court in Las Vegas.
- Tobin’s complaint centers on Kishner’s alleged ex parte communication with opposing counsel, as well as her failure to properly adjudicate claims in consolidated cases under her jurisdiction.
- Tobin also alleges that Kishner acted outside of her jurisdiction by allowing plaintiffs to prevail without being compliant with NRS 38.310 when Tobin was the only party compliant with NRS 38.310 which requires mediation prior to courts attaining jurisdiction in cases involving interpretation of HOA CC&Rs.
- Tobin claims that Kishner met with opposing counsels ex parte at a hearing that Tobin was served notice was continued, and in her absence, they decided that Tobin had never been a party to the case, despite her filing the pleadings and other documents since 2016.
- Tobin argues that the ex parte meeting affected the outcome of the trial, in which unfairly, no documentary evidence was allowed.
- Tobin also alleges that Kishner never ruled on the standing of the other parties.
- Tobin filed a complaint in a different district court, but the judge refused to hear the case on the grounds of claims preclusion.
- Tobin has four appeals in front of the Nevada Supreme Court.
- Tobin also alleges misconduct by opposing counsels, particularly Joseph Hong.
I have been in litigation since July 29, 2016 and no judge looked at my evidence ever.
NRS 40.110 requires an evidence-based adjudication of a title decision, but I have never got one. I never was allowed to file a claim for sanctions, fraud, conversion or racketeering because ALL my claims were precluded per res judicata.
NRS 40.110 requires an evidentiary hearing
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.
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. NRS 40.110(1)
9. Quiet title may not be obtained through default judgment. NRS 40.110(1); 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)
Each party must prove good title for herself, but I have never been allowed to defend my title
Res. Grp., LLC v. Nev. Ass’n Servs., Inc., 437 P.3d 154, 156 (Nev. 2019) (“We first hold that each party in a quiet title action has the burden of demonstrating superior title in himself or herself.”)
While the “burden of proof [in a quiet title action] rests with the plaintiff to prove good title in himself,” Breliant v. Preferred Equities Corp ., 112 Nev. 663, 669, 918 P.2d 314, 318 (1996), abrogated on other grounds by Delgado v. Am. Family Ins. Grp., 125 Nev. 564, 570, 217 P.3d 563, 567 (2009), “a plaintiff’s right to relief [ultimately] … depends on superiority of title,” W. Sunset 2050 Tr. v. Nationstar Mortg., LLC , 134 Nev. ––––, ––––, 420 P.3d 1032, 1034 (2018) (internal quotation marks omitted). And because “[a] plea to quiet title does not require any particular elements, … each party must plead and prove his or her own claim to the property in question.” Chapman v. Deutsche Bank Natl Tr. Co., 129 Nev. 314, 318, 302 P.3d 1103, 1106 (2013) (internal quotation marks omitted)
