Violation of NCJC 2.6 as grounds for disqualification

I contend that Judge Peterson violated NCJC 2.6 by

refusing to conduct the evidentiary hearing that was ordered for 8/18/21,
denying my 12/14/21 motion for an evidentiary hearing to resolve factual disputes about the findings in the 9/10/21 and 11/30/21 orders that I allege covered up the criminal actions of my oppoenents vis-a-vis their abuse of the HOA quiet title litigation process to steal from many victims,
dismissing my unanswered 3/8/21 claims of Conversion, Fraud, and Racketeering and my petitions for sanctions vs. Red Rock and Nationstar with prejudice without making my opponents meet their burden of proof
exempting my opponents from timely (NRCP 12(a)(1)(B)) filing a responsive pleading to my claims and granting an untimely, rogue motion to dismiss from a non-party.

Legal authorities supporting the proposition that a judge must allow a party to present evidence to support her case

Fact finding is the “basic responsibility” of trial courts “rather than appellate courts.” Pullman-Standard v. Swint, 456 U.S. 273, 291 (1982) (quoting DeMarco v. United States, 415 U.S. 449, 450 n.22 (1974)); see also Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 123 (1969) (“appellate courts must constantly have in mind that their function is not to decide factual issues”).

Myers v. Haskins, 138 Nev. Adv. Op. 51, 8-9 (Nev. App. 2022) (“evidentiary hearings are designed with this purpose in mind: to resolve disputed questions of fact. See DCR 13(6) (recognizing that disputed factual points may be resolved at evidentiary hearings); EDCR 5.205(g) (providing that exhibits attached to motions do not constitute substantive evidence unless admitted); cf. Nev. Power Co. v. Fluor III., 108 Nev. 638, 644-45, 837 P.2d 1354, 1359 (1992) (recognizing that conducting an evidentiary hearing is the only way to properly resolve questions of fact concerning whether to dismiss a party’s suit as a discovery sanction)”)

An evidentiary hearing is required to establish fraud upon the court (NRCP 60(d)(3))

Milam v. Stealth Holdings, LLC, 381 P.3d 641 (Nev. 2012) (“NC–DSH, Inc. v. Garner,125 Nev. 647, 657, 218 P.3d 853, 860–61 (2009)(providing that “[i]t is only after a proper hearing in which the fraud [upon the court] has been established by clear and convincing evidence that relief can be granted.” (citations omitted) (internal quotations omitted));”)

List of filings I made that contained evidence that Judge Peterson refused to admit or consider

The list is long because, I believe, Judge Peterson unfairly refused to allow me to assert my actual claims. She kept insisting that all my claims were precluded and nothing was before her but the question of who the interpleaded funds belonged to.

I say that Steven Scow filed the interpleader action in bad faith, knowing that it was meritless and unwarranted and that neither Plaintiff Red Rock nor non-party Red Rock LLC had standing to either pursue and interpleader action nor oppose the court ordering interpleaded funds being distributed to me with interest and penalties for being wrongfully withheld for 8+ years.

My claims for Conversion, Fraud, and Racketeering and petitions for sanctions were compulsory counter-claims that should have been granted as unopposed because Red Rock did not file any timely responsive pleading and non-party Red Rck LLC’s motion to dismiss was rogue, untimely, and contained exhibits which the court would have to have considered to make a claims preclusion ruling which would have nessecarily converted it to an MSJ, meaning the factual disputes would have had to have been resolved on a NRCP 56 standard and it could not have been granted as a NRCP 12(b)(5). Further, she refused my motion to amend one time under NRCP 15 for no good reason and didn’t sua spinte move for a more definitive statement if she thought it wasn’t pled to 9(b) standard. She just obviously wanted to be rid of it and me.

3/8/21 unanswered counter- & cross-claims and four requests for judicial notice of the property record, my unadjudicated claims, relevant laws and Sun City Anthem governing documents, and disputed facts in the prior court record (false evidence filed and recorded by my opponents to get the prior courts to bless the theft of my property)

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

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

Doc ID# 18 Nona Tobin’s Request for Judicial Notice of Relevant Unadjudicated Civil Claims and Administrative Complaints

Doc ID# 19 Nona Tobin’s Request for Judicial Notice of the Nevada Revised Statutes, Nevada Rules of Civil Procedure, Nevada Rules of Professional Conduct and Sun City Anthem Governing Documents Germane To the Instant Action

Doc ID# 21 Nona Tobin’s Request for Judicial Notice of NRCP 16.1 Disclosures /Subpoena Responses from Discovery in Case A-15-720032-C and Disputed Facts in the Court Record

12/14/21 motion for an evidentiary hearing and replies to Nationstar’s and non-party Red Rock LLC’s opposition and their improper counter-motin for abuse of process and for an unwarranted vexatious litigant restrictive order against me

Doc ID# 75 Nona Tobin’s Motion for an Evidentiary Hearing to Set Aside Orders and for Sanctions Pursuant to NRCP 60(B)(3) and (D)(3), NRS 18.010(2) and EDCR 7.60 (1) and (3)

Doc ID# 80 Nona Tobin’s Reply to Red Rock Financial Services LLC’s Opposition to Nona Tobin’s Motion for an Evidentiary Hearing to Set Aside September 10, 2021 Order and November 30, 2021 Orders Pursuant to NRCP 60(b)(3) (Fraud) and NRCP 60(b)(3) (Fraud on the Court) and Motion for Attorneys’ Fees and Cots Pursuant to EDCR 7.60(1) and (3), NRS 18.010(2); and, Countermotion for Abuse of Process for a Vexatious Litigant Restrictive Order Against Nona Tobin and for Attorney Fees and Costs

Doc ID# 81 Nona Tobin’s Reply To Nationstar’s And Wells Fargo’s Joinder And Countermotions For Attorney Fees And A Vexatious Litigant Order

12/19/22 motion for an order to show cause why written findings of attorney misconduct should not be forwarded to the State Bar of Nevada for disciplinary action

Doc ID# 103 Tobin Motion for An Order to Show Cause Why Written Findings of Attorney Misconduct Should Not Be Forwarded To The State Bar of Nevada

Doc ID# 108 Corrected Motion for an Order to Show Cause Why Written Findings of Attorney Misconduct Should Not be Forwarded to the State Bar

Doc ID# 102 Request for Judicial Notice Verified Complaints of Attorney Misconduct filed with the State Bar of Nevada vs. Brittany Wood

Doc ID# 104 Request for Judicial Notice Verified Complaint of Attorney Misconduct Filed with The State Bar of Nevada Vs. Steven Scow

Doc ID# 105 Request for Judicial Notice Verified Complaints of Attorney Misconduct Filed with the State Bar of Nevada vs. Melanie Morgan, Esq. (SBN 8215), Akerman, LLP; and Wright, Finlay, Zak, LLP, and Draft Alternative Civil Action

Doc ID# 106 Request for Judicial Notice Verified Complaint of Attorney Misconduct Filed With The State Bar of Nevada Vs. Joseph Y. Hong

Doc ID# 107 Request for Judicial Notice Verified Complaints of Attorney Misconduct Filed With The State Bar of Nevada Vs. David Ochoa, Esq. (SBN 10414) and Adam Clarkson, Esq.

Legal research question

Is a final judgment order unfairly entered if the court does not allow one side to present its opposition given that appellate courts generally defer to the district court’s findings of fact ?

Nevada courts generally defer to the district court’s findings of fact unless they are clearly erroneous. However, a final judgment order may be unfairly entered if the court does not allow one side to present its opposition, misapplies the law, or makes findings not supported by evidence.

Several of the cases I found emphasize the importance of allowing both sides to present their cases in order to ensure a fair trial. For example, in Milam v. Stealth Holdings, LLC, the court discusses the requirement that parties be “fully heard” on an issue before a district court can grant a motion for judgment as a matter of law.

Similarly, in Solinger v. Solinger, the court reiterates that a district court abuses its discretion when its decision is clearly erroneous, and that substantial evidence is required to sustain a judgment. Other cases I found highlight the importance of correctly applying the law in order to avoid an unfair judgment. For example, in Long Valley L. D. Co. v. Hunt, the court held that a judgment must be reversed when the court misapplies a rule of law or erroneously places the burden of proof on the losing party. In KY Invs. NV v. King of Condos, Inc., the court discusses the importance of a district court providing a statement of reasons when granting summary judgment, in order to allow for meaningful appellate review.

Finally, a few cases I found emphasize the deference given to district court findings of fact on appeal. For example, in Pickens v. McCarran Mansion, LLC, the court notes that appellate courts are bound by the district court’s findings unless they are clearly erroneous. Similarly, in Bonnell v. Lawrence, the court reiterates that the remedy for legal error is by timely motion or appeal, not by independent action for relief from judgment.