COMMUNIQUÉ Pro Bono Opportunities to Assist Veterans - B - Clark County Bar Association
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2019
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Pro Bono
Pro Bono
Opportunities
to Assist
Veterans
Page 20
In this Issue
Bar Activities Criminal Settlement Appellate Court Live & Recorded CLE
Page 6 Conferences Summaries Programming
Page 18 Page 24 Page 32-36
December 2019 – COMMUNIQUÉ – Clark County Bar Association 1
If you are struggling...
...the state bar has resources to help.
(866) 828-0022
If you are in need of help during a particularly tough time, call our Hotline number
above. Leave your first name and a telephone number, and someone will call you back.
2 Clark County Bar Association – COMMUNIQUÉ – December 2019
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Table of contents
Articles
Pro Bono Opportunities to Assist Veterans
By John M. Naylor , Esq................................................................................................................................................. 20
Columns
Clark County Bar President’s Message
A Final Farewell (and tales of the Poltergeist Podium)
By Jason P. Stoffel, Esq...................................................................................................................................................... 4
View from the Bench
Criminal settlement conferences rolled out in district court as an effective way to resolve cases
By Chief Judge Linda Marie Bell.................................................................................................................................... 18
Appellate Court Summaries
Advance Opinion Summary (10-24-19)
By Joe Tommasino, Esq.................................................................................................................................................. 24
Highlights
UNLV Law Corner
The Public Interest Law Association’s Commitment to Service
By Aden Kebede and Megan Ortiz.................................................................................................................................. 38
Pro Bono Corner
Pro Bono for the Holidays
By Patricia Lee, Esq......................................................................................................................................................... 39
Departments
Bar Activities............................................................................ 6
Errata.......................................................................................... 9
Member Moves..................................................................... 14
New Members....................................................................... 16
CCBA Membership Benefits & Services....................... 30
The Marketplace.................................................................. 39
On the Cover
Photo of John Naylor at this season’s Army/Air Force
game at the Air Force Academy in Colorado.
December 2019 – COMMUNIQUÉ – Clark County Bar Association 3
Clark County Bar President’s Message
A Final Farewell (and tales of the
Poltergeist Podium)
By Jason P. Stoffel, Esq.
W
hat a year it has been! I have enjoyed every presentation, I did in fact name it the “Poltergeist Po-
minute of being your Clark County Bar As- dium,” as it appeared haunted with a mind of its own.
sociation president and I truly appreciate the The information that all of the CLE speakers presented
opportunity. I will say that the CCBA will be served was helpful and useful to the law practice of everyone
well with the incoming president, Jennifer Roberts. She who attended. The overarching message from the CLE
will work as hard as I have and the CCBA will be in at Sea experience is that you make the most out of the
good shape as she navigates through her term in 2020. situation. Those in attendance definitely got a unique
I wish her all the best, but I know she will do great memory out of it!
things. I have enjoyed writing these President messages
Speaking of navigation, I recently returned (at the and I hope you have enjoyed reading them. I will say
end of October) from the CLE at Sea cruise, which was that the Clark County Bar Association is a wonderful
an official CCBA event. Not only was this a fun event, organization and the heart and soul of the local bar is
but it was a good opportunity to enjoy some time in the Donna and Stephanie. They work very hard to orga-
Pacific Northwest and take off the lawyer hat for a week. nize events and bring value to your CCBA membership
What is funny was that the mainly family-law related that enhance the practice of law. I cannot thank them
CLE was held in the chapel on the cruise ship. There enough for all that they do.
certainly is some irony about discussing divorce law in Thank you everyone for making my term as your
a chapel! I do enjoy going on cruises, but next time, in CCBA president a success. See you at the next event!
2021, we will pick somewhere warm because this trip
was fraught with horribly cold and rainy weather! The
CCBA will have updates as events like this take over a SAVE THE DATE
year to plan.
What will always be in my mind is the “Poltergeist
Podium” that took place on the CLE at Sea in the chap- 40 Year Club
el. During attorney Marshal Willick’s presentation on
family court appeals on the first day at sea, the cruise
ship was sailing some rocky waters and the unmanned
Luncheon
podium was actually moving several feet across the
floor. Since Marshal wasn’t using the podium for his
Thursday, March 5, 2020
Celebrating CCBA members
Jason P. Stoffel, Esq. is practicing law in Nevada for
one of the founding members 40, 45, 50, & 55 years.
of Roberts Stoffel Family Law The Smith Center for the Performing Arts, Upper
Group that was formed in 2010. Lobby, 5th Floor. Tickets available from the CCBA
Mr. Stoffel has 15 years of expe-
only.
rience, with a practice focused
exclusively on family law mat- Sponsorship opportunities available.
ters. Mr. Stoffel is President of
the CCBA through December of Contact CCBA office at (702) 387-6011.
2019.
4 Clark County Bar Association – COMMUNIQUÉ – December 2019
It’s not just about
understanding the numbers.
It’s about a banker who understands
your business.
A one-to-one relationship with your banker – a banker who truly understands
your business – is how Bank of Nevada delivers on accountability.
Bank on Accountability
Meet Your Local Banking Expert: bankofnevada.com
Jeffrey Miracle
Top 10 – Forbes Best Banks
Vice President, Commercial Banking
jmiracle@bankofnevada.com
Bank of Nevada, a division of Western Alliance Bank, Member FDIC. Western Alliance
(702) 252-6157 ranks top ten on Forbes’ Best Banks in America list, four years in a row.
December 2019 – COMMUNIQUÉ – Clark County Bar Association 5
N T EE
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Bar Election
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On Thursday, December 12, 2019, the Clark County Bar Association
(CCBA) will hold the election for the 2020 CCBA Executive Board of Di-
rectors on the same day of the Clark County Bar Association Luncheon &
CES
Annual Meeting. This year’s ballot includes both an uncontested race, with
VI
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CC S race, with three nominees vying for the one open position created from
BA R
MEMBE the appointment of a current director to serve as secretary/treasurer for
the organization next year. Nominees for the contested race will provide
statements for voters to consider. Statements will be published on the Clark
Bar Services County Bar website and sent via e-mail to the Clark County Bar News list
of subscribers prior to election day.
CLE Speakers & Attorney members are invited to cast their votes in person on the day
Presenters Sought of the event or by absentee ballot before December 12, 2019. See below for
more information about the candidates, polling locations, and absentee
CCBA’s CLE Committee needs
ballots.
Nevada lawyers to volunteer to
develop and/or present CCBA’s
1. Candidates (terms to expire 2020):
CLE programming for the
Vote for any (one or more) to retain their current seat:
benefit of Nevada lawyers.
• Nedda Ghandi* of Ghandi Deeter Blackham Law Offices
Teach what you • Brandon P. Kemble* of City of Henderson
• Paul C. Ray* of Paul C. Ray, Chtd.
know!
Submit a proposal for a CLE 2. Candidates (terms to expire 2021):
program. Proposals should Vote for any (one or more) to retain their current seat:
include the topic of the pro- • Mark S. Blackman* of BDF Law Group
gram/seminar, a course de- • James T. Leavitt* of Leavitt Legal Services, PC
scription (50 words or less), • Alayne M. Opie* of Greenberg Traurig, LLP
a list of relevant court rules/
procedures to be addressed 3. Candidates (term to expire 2021):
by the speakers, the name(s) of Vote for only one to fill a vacant seat:
speaker(s) and/or moderators, • Jacquelyn Franco of Backus Carranza & Burden
and the estimated length of • Paul Lal of Boies Schiller Flexner LLP
time for the program. • Amanda Stevens of Battle Born Capital
Get noticed for what Polling times and location information on CCBA’s election day:
you do! Attorney members may cast their ballot in person at the following poll-
For more information, contact ing locations on Thursday, December 12, 2019:
Donna Wiessner, donnaw@ • 8:30 a.m. to 10:30 a.m. at the CCBA Office, 717 S. Eighth St., Las
clarkcountybar.org, (702) 387- Vegas, NV 89101;
6011. • 11:30 a.m. to 1:30 p.m. at the Clark County Bar Association Lun-
cheon & Annual Meeting at Grotto Ristorante inside the Golden
Nugget, 129 East Fremont Street, Las Vegas, NV 89101; and
• 2:30 p.m. to 3:30 p.m. at the CCBA Office, 717 S. Eighth St., Las
Vegas, NV 89101.
6 Clark County Bar Association – COMMUNIQUÉ – December 2019
Candidates for 2020 CCBA Executive Board
We connect Nevada Law
Nedda Ghandi Paul Ray Firms with Experts in
Brandon Kemble
hundreds of industries
and specialties.
Mark Blackman James T. Leavitt Alayne Opie
Jacquelyn Franco Paul Lal Amanda Stevens EXPERTS IN ALL INDUSTRIES
AND PRACTICE AREAS
Engineering
Patents
Absentee ballot information:
Technology
Attorney members who cannot submit a ballot in person on Thursday, Forensics
December 12, 2019 (as outlined on page six), they may submit a completed Medical
absentee ballot declaration and a ballot before the election to Clark County Real Estate
Bar Association, 717 S. Eighth Street, Las Vegas, Nevada, 89101, or to CCBA Economics
Executive Director Donna Wiessner at DonnaW@ClarkCountyBar.org. Human Factors
Declarations and ballots will be available as from the CCBA’s offices at Materials Testing
717 S. 8th Street, Las Vegas, Nevada, during normal business hours (8 a.m. Computer Science
to 4 p.m., Monday through Friday), the CCBA’s website as an electronic And more...
file to download from www.clarkcountybar.org, and upon request from the
CCBA.
Activities continued on page 9 EXPERTSG.COM | 702.789.1008
December 2019 – COMMUNIQUÉ – Clark County Bar Association 7
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About Communiqué
Editorial Board Editorial Calendar
Jason Stoffel, Publisher
X
Jacquelyn M. Franco, Editor-in-Chief Cover date Issue topic
DE Tami D. Cowden, Editor November 2019 Constitutional Law
I
N
December 2019 Pro Bono
ADV E R Alia Najjar, M.D., Editor
January 2020 Five Things
E R TIS Alayne Opie, Editor February 2020 Labor & Employment
Jennifer Roberts, Editor March 2020 Technology in Law Practice
Carli Sansone, Editor April 2020 Cannabis Law
Bar Services Heather Anderson-Fintak May 2020 Sports & Entertainment Law
Jennifer Hostetler June/July 2020* Mental Health
Advertiser Index Erin Houston August 2020 Family Law
September 2020 Appellate Practice
Advanced Resolution Management..23, 27 CCBA Board Of Directors October 2020 Local Courts
Ara Shirinian Mediation......................... 18 Jason Stoffel, President November 2020 Administrative Law
December 2020 Pro Bono
Bailey Kennedy, LLP............................... 17 Jennifer Roberts, President-Elect
Mariteresa Rivera-Rogers, Secretary/Treasurer *The June/July issue is published in June. There is no
Bank of Nevada............5, 12, 35, 36, 37, 40 Heather Anderson-Fintak publication released in July. The editorial calendar may
Expert Strategy Group............................. 7 Mark S. Blackman change without notice at any time.
First Legal.........................................37, 40 Nedda Ghandi
James E. Harper Space reservations are encouraged at least two months
Howard & Howard Attorneys PLLC......... 25 Joel D. Henriod in advance. Space is limited with placement only guar-
JAMS .................................................... 13 Brandon P. Kemble anteed to paid advertisements. The deadline for sub-
Jason D. Mills & Associates..................... 21 James T. Leavitt mission of all content is 30 days prior the first day of the
Alayne Opie desired month of publication.
Las Vegas Legal Video.......... 22, 32, 35, 36
Paul C. Ray Communiqué will not publish self-serving articles pro-
Law Pay................................................. 30 The Honorable Jerry Wiese, II, Judicial Appointee moting a specific named product or services of an indi-
McDonald Carano.................................. 19 John P. Aldrich, Immediate Past President vidual or firm.
MediLegal, A Professional Nursing Corp.....
.........................................................37, 40 CCBA Staff Article Opportunities
Donna S. Wiessner, Executive Director
Nevada Ballet Theatre......................10, 11 Stephanie Abbott, Communications Manager To write an article for publication, send a proposal to the
Peak IT Group...................................37, 40 Clark County Bar Association, Attn: Editor-in-Chief, via
e-mail to stephabbott@clarkcountybar.org. Proposals
Pisanelli Bice, PLLC................................ 15 Communiqué Production should include the following information:
Stephanie Abbott
Portraits to You..................................... 29
Communiqué is published eleven times per year • Author(s) name(s) and Nevada bar #(s)
State Bar of Nevada................................. 2 with an issue published monthly except for July by the • Summary paragraph providing the focus and
The Greg Gordillo Law Firm, LLC, Clark County Bar Association, P.O. Box 657, Las Vegas, scope for the article (include relevant rules/
NV 89125-0657. Phone: (702) 387-6011. Communiqué is statutes/procedures, etc.)
New Vision Law..................................... 16 • Proposed issue for placement (see editorial
mailed to all paid members of CCBA, with subscriptions
Three Square Food Bank........................ 14 available to non-members for $75.00 per year. calendar above)
Welt Law............................................... 22 All proposals and articles submitted will be considered
© 2019 Clark County Bar Association (CCBA). All for publication. However, Communiqué will not publish
rights reserved. No reproduction of any portion of this self-serving articles promoting a specific named prod-
CCBA Activities & Services issue is allowed without written permission from the uct or services of an individual or firm. Articles must be
Bar Luncheons.........................4, 14, 24, 37 publisher. Editorial policy available upon request. on topic and original, unpublished works. Preference
Bar Services........................6, 8, 10, 14, 16, will be given to articles written by attorney members
Communiqué accepts advertisements from nu- of the CCBA.
............ 28, 30, 31, 32, 33, 34, 35, 36, 38, 39 merous sources and makes no independent investi-
Live CLE Seminars............................35, 36, gation or verification of any claim or statement made
in the advertisement. All articles, letters, and adver- Advertising Opportunities
Meet Your Judges Mixer.....................9, 26 tisements contained in this publication represent the Space is available for paid announcements of profes-
Nevada Ballet Theatre Offers................. 10 views of the authors and do not necessarily reflect the sional achievements, goods, and services. Rates, pol-
opinions of the Clark County Bar Association. All legal icies, and specifications are available upon request.
Sponsor Opportunities........................... 12 and other issues discussed are not for the purpose of Contact the Clark County Bar Association to confirm
Volunteer Day of Three Square.............. 14 answering specific legal questions. Attorneys and oth- availability of placement, graphic design services, and
ers are strongly advised to independently research all
issues. discounts.
8 Clark County Bar Association – COMMUNIQUÉ – December 2019
Activities continued from page 7
Bar Luncheons
On December 12, 2019, the Clark County Bar Luncheon, sponsored
by Bank of Nevada, First Legal, and Peak IT Group, will be held at Grotto
Ristorante inside the Golden Nugget. The festive event will feature CCBA’s
volunteer appreciation awards ceremony, election of the 2020 CCBA Ex-
ecutive Board, and gift basket giveaways. For more information, see event
registration form on page 37.
On January 23, 2020, the Clark County Bar Luncheon sponsored
by Bank of Nevada and First Legal. This event will feature U.S. Magistrate
Judge Brenda Weksler and the CCBA Executive Board Swearing-In Cere-
mony. Incoming CCBA President Jennifer Roberts, will be joined by in-
coming officers President-Elect Mariteresa Rivera-Rogers and Secretary/
Treasurer James E. Harper, along with the directors to serve on the CCBA’s
2020 Executive Board. For more information, visit www.clarkcountybar.
org or call the CCBA office at (702) 387-6011.
Frightening Financials CLE seminar (l-r):
Event speaker State Bar of Nevada Counsel Dan CLE Seminars
Hooge with Stephen Smith of the CCBA CLE
Frightening Financial Transactions and How to Avoid Them
Committee.
On Thursday, October 29, 2019, the CCBA CLE Committee hosted
“Frightening Financial Transactions and How to Avoid Them” with fea-
SAVE THE DATE tured speaker State Bar of Nevada Counsel Dan Hooge. Hooge told of chill-
30th Annual ing accounts for members to learn from foolish fates during this ghost-sto-
MEET YOUR ry of a presentation. The seminar offered 2.0 Ethics CLE credits for Nevada
lawyers and was held at the Legal Aid Center of Southern Nevada. This
JUDGES seminar was recorded and will be made available to rent from the CCBA.
For more information, visit www.clarkcountybar.org or call the CCBA of-
MIXER
fice at (702) 387-6011.
Activities continued on page 10
Thursday, May 7, 2020
5:30 p.m. to 8:30 p.m.
CLARK COUNTY BAR’S
PREMIER EVENT
Errata
Corrections to information published
about Probate CLE seminar
Errors were made in the information
for the CLE seminar, “Things You Have
Wanted to Ask the Probate Commission-
er.” (Communiqué, Nov. 19, p. 10). The
date, time, and location were listed in-
correctly. The CCBA staff regrets this er-
Sponsorship opportunities ror and apologizes for any confusion the
available. error may have caused.
Contact CCBA office For correct information about the
CLE seminar, see event registration form
at (702) 387-6011. on page 35.
December 2019 – COMMUNIQUÉ – Clark County Bar Association 9
Activities continued from page 9
FE R
A L OF The Disease of Addiction - A Professional, Community, and Family
CI
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On November 19, 2019, the CCBA CLE Committee hosted “The Dis-
ease of Addiction - A Professional, Community, and Family Affair” with
featured speakers Kristine Kuzemka, Nevada Lawyer Assistance Program
& LCL, and Lance Wilson, District Court Executive (Retired). The seminar
CES
offers 1.0 Substance Abuse/Addiction/Mental Health (AAMH) CLE credit
for Nevada lawyers. As of press time, this seminar will be recorded and
VI
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CC S will be made available to rent from the CCBA. For more information, visit
BA R
MEMBE https://www.clarkcountybar.org/ or call the CCBA at 702-387-6011.
Things You Have Wanted to Ask the Probate Commissioner
Bar Services
Speaker: Probate Commissioner Wesley Yamashita, 8th Judicial District
Nevada Ballet Theatre Court
• Produced by Rob Telles, Esq. of the CCBA’s CLE Committee
The Nutcracker • When: Tuesday, December 10, 2019 – 12 to 3 p.m.
• Where: Clark County Public Administrator’s Training Room
Special CCBA Night • Offer: 2.0 General CLE Credit for Nevada lawyers
• Attendance fee - Live event: $50 Member, $90 Non-member or
Friday, December 13, 2019, at
recorded event: $70 for choice of format—audio (.mp3) or video
7:30 p.m.
(.mp4). Delivery (via e-mail) to take at least 2 weeks after live event.
$79* Orchestra tickets (*plus $3 Bar members are invited to submit questions for discussion at the live
per ticket group processing fee) event. Please send questions for the Commissioner’s consideration for dis-
Code: NBTCCBA1 cussion at the live event to DonnaW@clarkcountybar.org ASAP.
To attend the live event or order the recorded event, RSVP to the CCBA
https://tickets.thesmith-
at (702) 387-6011. Event registration forms are available at http://www.
center.com//6172/6182?pre-
clarkcountybar.org and page 35.
move=Y&promo=NBTCCBA1
Or, enjoy this great discount The Promises and Perils of Legal Negotiation: How Psychology Can
on all other Nutcracker dates Help
with your family and friends!
• Produced by David Doto, Esq. of the CCBA’s CLE Committee
• Speaker: Jean R. Sternlight, Saltman Professor, UNLV Boyd School
CCBA Member of Law
• When: Tuesday, January 28, 2020 - 1 to 3 p.m.
Discount • Where: CCBA Offices, 717 S. 8th St., Las Vegas
15% off best seats • Offer: 2 General CLE Credits for Nevada lawyers
• Attendance fee - Live event: $50 Member, $90 Non-member or
Code: NBTCCBA1920
recorded event: $70 for choice of format—audio (.mp3) or video
https://tickets.thesmithcen- (.mp4). Delivery (via e-mail) to take at least 2 weeks after live event.
ter.com/overview/6172?pro- • Overview: Learn how psychology relating to clients, opponents and
mo=NBTCCBA1920 yourself can either help or hinder your negotiations. Attend this
seminar and learn how to improve your tools of persuasion.
Don’t delay! Get the best To attend the live event or order the recorded event, RSVP to the CCBA
seats before they’re gone. at (702) 387-6011. Event registration forms are available at http://www.
Order online or from the NBT clarkcountybar.org and page 36.
box office at (702) 749-2000.
Activities continued on page 12
10 Clark County Bar Association – COMMUNIQUÉ – December 2019for Valu
Se e P
NEVADA BALLET THEATRE lec ric
t D ing
a te
s
Music by Peter Ilyich Tchaikovsky
Choreography by James Canfield
DECEMBER 13–24, 2019
“Winter’s most festive spectacle!”
— DUJOUR MAGAZINE
(702) 749-2000
December 2019 – COMMUNIQUÉ – Clark County Bar Association • NevadaBallet.org 11
DANCER PHOTO BY BILL HUGHESCLE at Sea Cruise Highlight (l-r): Speakers CLE at Sea Cruise Highlight (l-r): Speaker CLE at Sea Cruise Highlight (l-r): Speaker
Jason Stoffel of Roberts Stoffel Family Law Jennifer Abrams of The Abrams & Mayo Law Marshal Willick of Willick Law Group.
Group and Rebecca Miller of Cooper Coons. Firm.
Activities continued from page 10
CLE at Sea Highlights
On Monday, October 14 and Saturday, October 19, CCBA CLE Com-
mittee hosted eight hours of CLE programming while aboard the Grand
Princess during the 7-day Pacific Northwest Coast Princess cruise (Octo-
ber 13-20, 2019). Nevada lawyers presented at CLE seminars as follows:
• Marshal Willick – “Preparing to Navigate Unfamiliar Waters:
Special thanks to the Bank Practical Tips for Family Court Appellate Practice (& Case Law
of Nevada for sponsoring the Update)” – 1.5 General CLE Credits
Clark County Bar Luncheons • Jennifer Abrams – “Business Evaluations in Family Law Practice:
and CLE Programming! When a Forensic Evaluation is necessary” – 1.5 General CLE Cred-
its
• Rebecca Miller, Jason Stoffel – “Keeping Your Bar License Afloat”
– 1.0 Ethics CLE Credits
Bar Services
• Donna Wilburn, M.S., LMFT, Amanda Roberts – “Alternatives to
Sponsor Child Custody Litigation” – 1.5 hours General CLE Credits
• Mike Carman, Corinne Price – “Preparing a Better Deposition” –
Opportunities 1.5 General CLE Credits
Opportunities are available to • Douglas Crawford – “Lost at Sea: Addiction and recovery for legal
select businesses to sponsor professionals” – 1.0 AAMH CLE Credit
bar activities, including:
CCBA’s CLE programming is sponsored by Bank of Nevada with sem-
• 40 Year Club Luncheon
inars scheduled throughout the year. For more information about CCBA’s
• Bar Luncheons live and recorded CLE seminars, visit www.clarkcountybar.org or call the
• CLE Programming CCBA office at (702) 387-6011.
• Meet Your Judges Mixer Community Service Activites
• New Admittees Reception On Monday, January 20, 2020, CCBA members are invited to volun-
For more information, contact: teer in an activity to benefit those served by Three Square Food Bank. The
Donna at the Clark County Bar activity is open to members of the bar and their families (ages 10 and up).
Association (CCBA), However, space will be limited to the first 30 volunteers to RSVP to Paul Lal
at plal@bsfllp.com and/or Steph Abbott at StephanieAbbott@clarkcounty-
(702) 387-6011, bar.org.
donnaw@clarkcountybar.org.
12 Clark County Bar Association – COMMUNIQUÉ – December 2019December 2019 – COMMUNIQUÉ – Clark County Bar Association 13
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Member Moves
Thanks to the following CCBA Gary P. Sinkeldam has relocat-
VO
members who submitted updated ed the Law Office of Gary P. Sinkel-
profile information, including their dam to 8540 S. Eastern Avenue, Ste.
listings for areas of practice (AOP)*. 180, Las Vegas, Nevada, 89123.
CE
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Stephanie Barker may be Diane Welch has joined Mc-
CC SE reached at Olson, Cannon, Gormley, Donald Carano and her practice
IT
Y
BA Angulo & Stoberski, 9950 W. Chey- will focus on employment and busi-
CO M M UN
enne Avenue, Las Vegas, Nevada, ness law. She can be reached at 2300
89129. Phone: (702) 384-4012. AOP: W. Sahara Avenue, Suite 1200, Las
Bar Services City/county/local government, civil Vegas, NV 89102. Phone: (702) 873-
defense, employment law, ethics & 4100, and email dwelch@mcdon-
Volunteer Day at professional responsibility, job dis- aldcarano.com.
Three Square crimination & civil rights, and legal
malpractice. *Member updates requested.
Please submit updates regarding
When & Where: Mark Blackman is now with member information to Clark
Monday, January 20, 2020 Barrett Daffin Frappier Treder & County Bar Association, 717 S. 8th
9:30 a.m. to 11:30 a.m. Weiss, LLP, 7251 West Lake Mead Street, Las Vegas, Nevada, 89101 or
Three Square Food Bank Boulevard, Suite 300, Las Vegas, StephanieAbbott@clarkcountybar.
(Warehouse) at 4190 N. Pecos Nevada, 89128. AOP: Bankruptcy org. Areas of Practice (AOP) listings
Road, Las Vegas law, creditor & debtor law, and real do not reflect a certified legal
estate law. specialization in the area listed and
Who: are subject to change at any time
Bar members & their families Michael R. McNerny has relo- without notice.
(ages 10 & up). cated McNerny Law Group to 7995
W. Sahara Avenue Suite 101, Las Ve-
What to expect: gas, Nevada, 89117.
Volunteer activities may in-
clude produce and grocery
packing for individuals who re-
ceive meal assistance and mo- SAVE THE DATE
bile pantries. Volunteers may
be standing, bending, lifting,
and walking on concrete in
40 Year Club Luncheon
non-climate controlled areas.
Closed-toe shoes, please. No
Thursday, March 5, 2020
low-cut, mid-drift, or tank tops Celebrating CCBA members practicing law
will be allowed.
in Nevada for 40, 45, 50, & 55 years.
For more information, contact
Paul Lal at plal@bsfllp.com or The Smith Center for the Performing Arts, Upper Lobby, 5th Floor.
Steph Abbott at stephabbott@ Tickets available from the CCBA only.
clarkcountybar.org Sponsorship opportunities available.
Contact CCBA office at (702) 387-6011.
14 Clark County Bar Association – COMMUNIQUÉ – December 2019Compassionate.
Committed.
Leader.
Pisanelli Bice is proud to announce the promotion of M. Magali Mercera to Of Counsel.
Her character, dedication, and deep understanding in diverse areas of practice are central
to our clients' success and a credit to our firm.
pisanellibice.com | 702.214.2100
December 2019 – COMMUNIQUÉ – Clark County Bar Association 15SP
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New Members
Welcome to the following peo- Karen Morrow, a Legal Assis-
ple who recently joined or rejoined tant/Administrator Member, from
the CCBA. For the attorneys, we H1 Law Group. Phone: (702) 608-
have included their listings for areas 3720.
CES
of practice (AOP)*.
Maria Michelle Nisce, Attorney
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ER Peter Aldous, a Public Services Member, at Pyatt Silvestri PLLC,
CC S Member, from Legal Aid Center of (702) 383-6000.
BA R
MEMBE Southern Nevada. Phone: (702) 386-
1070. Brandon P. Smith, an Attorney
Bar Services Member, at Olson Cannon Gormley
Ken Ashworth, an Attorney Angulo & Stoberski. Phone: (702)
Picture Day Member, at Ken R. Ashworth & As- 384-4012. AOP: Appellate Practice,
sociates, (702) 893-9500. AOP: Busi- Personal Injury & Wrongful Death
When & Where: ness Litigation, Taxation Law, Wills Claims, Wills Estates Estate Plan-
Estates Estate Planning and Probate ning and Probate Law.
Tuesday, March 24, 2020 Law.
9:30 a.m. to 2 p.m. only *Member updates requested.
Clark County Bar, 717 S. 8th Gregory Diktakis, Attorney Please submit updates regarding
Street, Las Vegas Member, UNLV Boyd School of member information to Clark
Law, Pyatt Silvestri PLLC, (702) County Bar Association, 717 S. 8th
What: 383-6000. Street, Las Vegas, Nevada, 89101 or
Sit for a professional portrait StephanieAbbott@clarkcountybar.
(with no sitting fee) from Por- Roger Moffitt, an Attorney org. Areas of Practice (AOP) listings
traits to You. Dress for success. Member. Phone: (702) 522-9348. do not reflect a certified legal
Drop-ins are welcome. Update specialization in the area listed and
your professional image. are subject to change at any time
without notice.
Special offer:
CCBA members to be offered
a special price to purchase
images directly from the pho-
tographer. Special offer will
be available at the time and
location of this event only.
For more info, visit https:// Need your employment dispute mediated NOW?
www.clarkcountybar.org/ Greg Gordillo offers a new vision for resolving employment
membership/member- disputes. After serving 2 years as a mediator for the EEOC
in Las Vegas and nearly 25 years as an employment lawyer
ship-benefits/. in Ohio, he gets employment cases settled. Available in
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Contact:
Steph at CCBA, (702) 387-6011, 700 S. 9th St.
Las Vegas, Nevada 89101
StephanieAbbott@clarkcoun- (702) 802-6845
tybar.org. ccba@newvisionlaw.com
newvisionlaw.com
Let’s do lunch! Contact me today to discuss how I can assist with your mediation needs.
16 Clark County Bar Association – COMMUNIQUÉ – December 2019Is pleased to announce that
Stephanie J. Glantz & Rebecca L. Crooker
have joined the Firm as associates practicing in the areas of litigation, appellate
advocacy, healthcare law, business and corporate law, administrative law and
ethics and professional responsibility law.
John R. Bailey Scott A. Eaton
Dennis L. Kennedy Kelly B. Stout
Joshua M. Dickey Paul C. Williams
Sarah E. Harmon Andrea M. Champion
Joseph A. Liebman Stephanie J. Glantz
Joshua P. Gilmore Rebecca L. Crooker
Mark H. Goldstein
BaileyKennedy.com 702.562.8820
December 2019 – COMMUNIQUÉ – Clark County Bar Association 17View from the Bench
Criminal settlement conferences
rolled out in district court as an
effective way to resolve cases
By Chief Judge Linda Marie Bell
S
upreme Court of Nevada Rule 252 subsection 2, been involved in the roll-out have been very positive
effective July 1 of this year, permits district court about the process and provided valuable feedback. Of
judges to conduct settlement conferences in crim- eleven cases in the early roll-out, seven resolved saving
inal cases. Rule 252 states: “The purpose for a settle- at least fourteen weeks of trial time. Most of the confer-
ment conference is to facilitate good faith discussions ences have taken between two and four hours.
to resolve any criminal case before the district court Victims may be involved in the process if appropri-
in a manner that serves the interest of justice.” Prior to ate and they may be helpful to reaching a settlement. In
scheduling a settlement conference, it is required that some cases, it is a less traumatizing way for victims to
all parties agree to it. Settlement conferences are con- see resolution in a case. They can be engaged without
fidential with no recorder or reporter. The settlement
conference judge is not permitted to communicate in-
formation to the trial judge, except for the fact that the
case is resolved, not resolved, or settlement discussions
are ongoing. Judges handling the murder track will not
be involved in any murder case settlement conferences.
Guidelines have been developed that provide a
clear framework for the criminal case settlement con-
ferences. Judges who perform them will be trained on
the process. Judge Doug Herndon and I have conducted • Over 35 years in Practice
a limited roll-out of criminal settlement conferences.
• AV Rated for over 20 Years
The lessons learned and input from participating law-
• Mountain West Super Lawyer
yers are reflected in the guidelines. Lawyers that have
• Experienced in multi-level, multi-party negotiations
• Over 2,000 Mediations & Arbitrations Conducted
Chief Judge Linda Marie • Business, real estate, insurance disputes, personal
Bell assumed the chief judge injury, insurance, construction & contractual disputes
post effective July 1, 2018. She
was elected to the Eighth Judi- Member, National Academy of Distinguished Neutrals
cial District Court, Department 7, Practice limited to ADR
in 2008. Since taking the bench
Tel: (702) 496-4985
in January 2009, she has handled
Fax: (702) 434-3650
both civil and criminal cases, and E-mail: arashirinian@cox.net
managed the criminal division
www.arashirinianmediation.com
specialty courts for more than
www.nadn.org/ara-shirinian
two years.
On-line Calendar Available
18 Clark County Bar Association – COMMUNIQUÉ – December 2019having to relive their trauma in a public setting.
Much work went into drafting the rule to ensure
that the defendant’s rights are protected. The mechan-
ics are similar to a civil settlement conference, except
Criminal settlement
there is a priority to ensure that the decision remains conferences are a
that of the defendant only. The judge’s role is to ask
and answer questions, and provide needed facts to en- departure from standards
sure an informed decision. Parties may have a lot of
common ground that they may not realize. Judges can
that governed the district
provide a fresh set of eyes to spot the common ground court’s participation in
and overcome sticking points. Having a neutral judge
convey information can be helpful to the negotiating plea negotiations . . .
process, but ultimately, the decision to plead guilty is
entirely up to the defendant. The settlement judge is Nev. 764. It was held that: “Judicial participation in
not permitted to take a plea or have any involvement in formulation or discussions of potential plea agreement
the criminal case after the settlement conference. are expressly prohibited.” The concern in that case was
The new rule came out of the Commission on that the sentencing judge’s involvement in negotiation
Statewide Rules of Criminal Procedure subcommit- is inherently coercive to a criminal defendant. The new
tee Life/Death Practice Group that examined ways to rule addresses that concern to avoid a defendant feeling
more effectively resolve criminal cases. Criminal set- overly pressured to accept a negotiation.
tlement conferences are a departure from standards A few jurisdictions across the nation are doing set-
that governed the district court’s participation in plea tlement conferences for murder cases but the Eighth
negotiations in the July 2006 Supreme Court of Neva- Judicial District is the first court in Nevada to imple-
da case Michael W. Cripps v. The State of Nevada, 122 ment the process.
POWERHOUSE ADDITIONS
Mackenzie Warren Diane Welch
joins our Government joins our Employment &
Affairs Group as a Vice Labor Group, drawing on her
President, bringing a history in litigation, higher
background in legislative education law, and employee
advocacy and lobbying. policy compliance.
In our long-standing commitment to serve our clients and Nevada, McDonald Carano is proud to
announce the addition of two highly-respected attorneys, each with impressive credentials in their fields.
We are delighted to welcome Mackenzie and Diane to our firm, further strengthening our bonds
throughout Nevada.
R E N O | L A S V E G A S | M c D O N A L D C A R A N O. C O M
MC19037-WarrenWelch_ad-jy6Final.indd 5 11/1/19 2:10 PM
December 2019 – COMMUNIQUÉ – Clark County Bar Association 19Pro Bono Opportunities
to Assist Veterans
By John M. Naylor , Esq.
A
ccording to the Housing Assistance Counsel,
Nevada has 216,275 veterans of whom 7.6 per-
cent live in poverty, and their unemployment
rate is 8.4 percent. Many need help navigating the legal
Many need help
system, and there are programs available for attorneys
to assist those veterans in need.
navigating the legal
Ways to help in Nevada
system, and there are
The Legal Aid Center of Southern Nevada programs available for
(“LACSN”) works with the Nevada Attorney General’s
Office of Military Legal Assistance (“OMLA”) to pro- attorneys to assist those
veterans in need.
vide assistance to Nevada veterans.
LACSN waives its income requirements for active
duty members and veterans. LACSN provides its full
complement of services as well as training for attorneys tional Guard service members in a wide variety of mat-
who wish to volunteer for pro bono representation. At- ters, including civil disputes among private parties, and
torneys can find more information on LACSN’s web- helps with state agency claims (e.g., claims relating to
site at www.lacsn.org. unemployment benefits). The OMLA’s website is http://
LACSN works with OMLA, which provides pro nvagomla.nv.gov, and enrolling as one of its pro bono
bono legal assistance to active duty, reserve, and Na- attorneys is simple. The head of the office is Mr. Nicolo
“Nick” Danna, and he can be reached at 775-684-1100.
John M. Naylor, Esq. has been licensed for 30 The OMLA is always interested in talking to attorneys
years and is a cofounder of who are looking to help the community.
Naylor & Braster, a Las Vegas
law firm specializing in busi- Veterans’ benefits
ness litigation. Prior to found-
ing the firm, he was a partner One of the biggest needs is assistance with claiming
at Lionel Sawyer & Collins. healthcare benefits from the Department of Veterans
Between 1995 and 1999, he Affairs (the “VA”). To claim healthcare benefits, the
was a judge advocate in the veteran must show that his or her medical condition
U.S. Air Force. He specialized is “service connected,” meaning that it somehow is re-
in criminal prosecution and lated to his or her time in the military. According to
John at this season’s defense matters as well as the VA’s website, there are currently 367,498 pending
Army/Air Force game at representing the Air Force in claims, with a backlog of 73,019 claims. (See www.ben-
the Air Force Academy in contract disputes before the efits.va.gov/reports/detailed_claims_data.asp, accessed
Armed Services Board of Con- November 4, 2019).
Colorado.
tract Appeals.
Pro Bono continued on page 22
20 Clark County Bar Association – COMMUNIQUÉ – December 2019December 2019 – COMMUNIQUÉ – Clark County Bar Association 21
Pro Bono continued from page 20
The veterans need help documenting their claims
and making sure that the strongest case is presented to
the VA. While this is some of the most satisfying and
helpful work that you can do for a veteran, it is not the
easiest. Unfortunately, your law license alone will not
legally allow you to assist a veteran with a claim at this
stage. You need to be accredited by the VA, and the pro-
cess consists of completing a short form and providing
references. Sometimes, the tricky part of the process is
getting the VA to confirm receipt of your application
and making sure they act on it. The Office of the Gen-
eral Counsel of the VA administers the process, and
information is available on its webpage at www.va.gov/
ogc/accreditation.asp.
The VA will make a determination on the claim,
and the veteran can appeal to the Board of Veterans’
Appeals (the “BVA”). The BVA will conduct a hearing
before an administrative law judge, which is where the
veteran really needs help. This hearing is essentially the
last chance for a veteran to build a record for further
appeals. Many times, the veteran is either unrepresent-
ed or assisted by volunteers who are accredited but not
Gerald M. Welt, Esq.
Tiffany Welt Doctors Esq.
Let Us Help Your Clients With Their
Social Security Disability and
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22 Clark County Bar Association – COMMUNIQUÉ – December 2019attorneys. While these people do a great job, an attor-
ney with experience building a record is, in some cases,
much more helpful.
The BVA will make a decision, and if the veteran
Many need help
does not agree, he or she can appeal to the U.S. Court of
Appeals for Veterans Claims (the “CAVC”). The CAVC
navigating the legal
is an Article I court that functions like a circuit court
of appeals. An attorney’s law license is sufficient here,
system, and there are
meaning that the attorney does not need to be accred-
ited by the VA to practice before it. Here, the appeal
programs available for
proceeds like a regular circuit court of appeal, mean-
ing that there is a mandatory settlement conference,
attorneys to assist those
opening brief, answering brief, and reply brief. Typical-
ly, there is no oral argument. Thus, the importance of
veterans in need.
building the record at the BVA is critical for an appeal.
The primary organization for pro bono attorneys before appointing counsel to determine whether there
practicing before the CAVC is the Veterans Consor- is a viable, appealable issue.
tium Pro Bono Program, (the “Veterans Consortium”),
and its website is www.vetsprobono.org. The Veterans There are a lot of veterans in Nevada, and there are
Consortium provides free training procedures to attor- a lot of avenues for attorneys to help. I encourage attor-
neys wishing to sign up for pro bono work and will as- neys to do their part and assist Nevada veterans.
sign the appointed attorney a mentoring attorney to as-
sist. The Veterans Consortium also prescreens appeals
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December 2019 – COMMUNIQUÉ – Clark County Bar Association 23Appellate Court Summaries
Advance Opinion Summary
(10-24-19)
By Joe Tommasino, Esq.
Supreme Court of Nevada sion under NRS 125.150(1)(b). Retirement benefits
Community property: (1) A district court has earned during the marriage are community property.
significant discretion when determining whether This is so even though the retirement benefits are not
to grant or deny a non-employee spouse’s request vested. The Supreme Court of Nevada has previously
for pension payments before the employee spouse held that a non-employee spouse may elect to receive
has retired, and the district court did not abuse a community-property share of pension benefits when
that discretion here; and (2) the district court did the employee spouse is first eligible to retire, regard-
not err in considering omitted assets and dividing less of when the employee spouse chooses to retire. The
them equally between the parties because vacation Court has further held that because pension benefits
and sick pay earned and accrued during a marriage are a community asset, an employee spouse should not
are community property and subject to equal divi- be able to “defeat the non-employee spouse’s interest
in the community property by relying on a condition
solely within the employee spouse’s control,” i.e., the
The Clark County Bar Association (CCBA) presents
retirement date. Thus, a district court has discretion to
SAVE THE DATE order pension payments at the employee spouse’s first
40 Year Club
eligibility for retirement, even if the employee spouse
has not yet retired. NRS 286.510 provides the date
at which an employee spouse is first eligible to retire
Luncheon without suffering a reduction of benefits. First eligibil-
ity varies depending on an employee spouse’s effective
date of membership in PERS, profession, number of
Thursday, March 5, 2020 years served, and age. Whether the employee spouse’s
PERS account has fully matured is not a factor provid-
The Smith Center for the Performing Arts ed in NRS 286.510 for determination of first eligibility.
Tickets available from the CCBA only. NRS 125.155 governs the valuation and distribution of
PERS benefits. By using permissive language, the Leg-
Each year, we celebrate CCBA members islature unambiguously provided district courts with
who have practiced law for 40, 45, 50, & 55 the discretion to deny a non-employee spouse’s request
years. for pension payments before the employee spouse’s re-
In 2020, we will induct CCBA members tirement. Implicit in the power to deny a non-employee
who were admitted in 1980 and honor spouse’s pension payments is the lesser power to reduce
members admitted in 1975, 1970, 1965, such payments. The Court therefore held that while a
and 1960. district court is permitted to order pension payments
at first eligibility, such an order is not mandated. NRS
Sponsorship opportunities available. 125.155 clarifies that a district court may deny or re-
Contact CCBA office at (702) 387-6011. duce such payments if the employee spouse has not
Summaries continued on page 26
24 Clark County Bar Association – COMMUNIQUÉ – December 2019® December 2019 – COMMUNIQUÉ – Clark County Bar Association 25
Summaries continued from page 24 court’s exercise of discretion. Separately, the Court
yet retired. Under this framework, a district court has cited NRS 125.150(3) which provides that a party can
discretion when determining how, and to what extent, seek adjudication of an asset mistakenly omitted from
to accommodate a non-employee spouse’s request for the divorce decree within three years of discovering
pension payments before the employee spouse’s retire- the mistake. The district court did not abuse its dis-
ment. The Court cautioned that NRS 125.155(2)’s broad cretion when it equally divided the vacation and sick
grant of discretion is not unlimited, however. Overrid- pay earned and accrued during the marriage. Vacation
ing principles of equity and fairness govern a district and sick pay are forms of deferred compensation. If the
work is performed during the marriage, compensation
The Clark County Bar Association (CCBA) presents for that work belongs to the community. The district
court did not abuse its discretion when it character-
SAVE THE DATE ized the husband’s vacation and sick pay earned and
accrued during the marriage as omitted assets under
30th Annual NRS 125.150(3) and distributed them equally. Kilgore
MEET YOUR
v. Kilgore, 135 Nev. Adv. Op. No. 47, ___ P.3d ___ (Oc-
tober 3, 2019).
JUDGES
Nonresidential construction malpractice: (1) For
actions involving nonresidential construction mal-
MIXER
practice, NRS 11.258 requires the plaintiff’s attorney
to file an affidavit and an expert report “concurrent-
ly with the service of the first pleading”; and (2) an
initial pleading filed under NRS 11.258(1) is void ab
initio only where it is served without a concurrent
Thursday, May 7, 2020 filing of the required attorney affidavit and expert
5:30 p.m. to 8:30 p.m. report. Here, the district court dismissed appellant
Marcus Reif’s complaint because he filed it, though he
The Smith Center for the Performing Arts did not serve it, without an affidavit and expert report.
Tickets to be available from the CCBA only. In doing so, the district court relied on a statement in
Otak Nevada, LLC v. Eighth Judicial District Court, 127
Nev. 593, 599, 260 P.3d 408, 412 (2011), that “a pleading
filed under NRS 11.258 without the required affidavit
and expert report is void ab initio.” (Emphasis added).
The Supreme Court of Nevada took this opportunity to
correct Otak and clarify that a pleading is void ab initio
under NRS 11.258(1) only where the pleading is served
without a concurrent filing of the required attorney
affidavit and expert report, not where the pleading is
merely filed. Reif v. Aries Consultants, Inc., 135 Nev.
Featuring Adv. Op. No. 51, ___ P.3d ___ (October 10, 2019).
Food and drink ticket Parole: When a penal statute provides for a life
• Silent auction • sentence with the possibility of parole and specifies a
Valet • Golf cart shuttle period of time that must be served before parole el-
igibility, the district court has authority under NRS
service for self parking 176.033(2) to reduce the life sentence to not less than
the period specified for parole eligibility, and the Pa-
Sponsorship opportunities available. role Board would be able to petition for such a re-
Contact CCBA office at (702) 387-6011. duction only after the parolee has served 10 consec-
26 Clark County Bar Association – COMMUNIQUÉ – December 2019utive years on parole. In passing A.B. 236, 80th Leg. in NRS 233B.130(2)(d) in which an aggrieved party
(Nev. 2019), the Nevada Legislature recently amended may seek judicial review. Consequently, because the
the statute to remove the Parole Board’s authority in underlying petition for judicial review was filed before
this respect, effective July 1, 2020. Given the effective the administrative agency’s written order, which did
date, that amendment does not apply here. State, Bd. constitute a final decision, the petition failed to comply
Of Parole Comm’rs v. Dist. Ct. (Thompson (Marlin)), with the relevant statutory requirements. According-
135 Nev. Adv. Op. No. 53, ___ P.3d ___ (October 24, ly, the petition did not vest jurisdiction in the district
2019). https://nvcourts.gov/Supreme/Decisions/Ad- court, and dismissal was an appropriate remedy. State,
vance_Opinions/ Bd. of Architecture v. Dist. Ct., 135 Nev. Adv. Op. No.
49, ___ P.3d ___ (October 3, 2019).
Petitions for judicial review: Premature petitions
for judicial review do not vest subject-matter juris- Real property: Ruby Lake Estates Homeowner’s
diction in the district court; a petition for judicial Association’s (RLEHOA) is authorized to impose
review may not precede the administrative agency assessments for two reasons: (1) Ruby Lake Estates
decision it contests, and the agency decision must (RLE) is a common-interest community within the
satisfy NRS 233B.125 in order to constitute a deci- meaning of NRS 116.021 because RLE’s Declaration
sion that is subject to judicial review. The underlying contained an implied payment obligation for the
petition for judicial review was filed after the adminis- common elements and other real estate that appel-
trative agency stated its disposition on the record, but lants had notice of by virtue of the Declaration when
that utterance did not include findings of fact and con- they purchased their lots; and (2) NRS 116.3101(1)
clusions of law with a concise and explicit statement of does not apply to common-interest communities
the underlying facts in support. The disposition stated formed before 1992 and, consequently, RLEHOA did
on the record accordingly did not constitute a final de-
Summaries continued on page 28
cision for purposes of commencing the period set forth
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December 2019 – COMMUNIQUÉ – Clark County Bar Association 27Summaries continued from page 27 ganized after RLE conveyed the first lot because NRS
not need to be organized before the first lot in RLE 116.3101(1) does not apply to pre-1992 common-inter-
was conveyed. In 1991, the Nevada Legislature adopt- est communities. Artemis Expl. Co. v. Ruby Lakes Es-
ed the Uniform Common-Interest Ownership Act, as tates, 135 Nev. Adv. Op. No. 48, ___ P.3d ___ (October
codified in NRS Chapter 116. NRS Chapter 116 defines 3, 2019).
what constitutes a “common-interest community” and
also authorizes the creation of a “unit-owners associa- Suggestion of death: A suggestion of death that is
tion” to govern the common-interest community. As properly served triggers the deadline for filing a mo-
relevant to this appeal, a unit-owners’ association is tion to substitute, regardless of which party files it
authorized to impose assessments on unit owners for and whether it identifies the deceased party’s succes-
the unit owners’ association to maintain “common ele- sor or representative. The procedure for substituting a
ments,” which, generally speaking, comprise real estate successor or representative in place of a deceased party
within the common-interest community that is owned to a civil action is governed by NRCP 25(a)(1). Under
by the unit-owners’ association but that benefits all unit that rule, the filing and service of a suggestion of death
owners. Appellants own property in RLE, a neighbor- triggers a deadline to file a motion to substitute a suc-
hood created in 1989. In the underlying declaratory-re- cessor or representative in place of the deceased party.
lief action, they challenged respondent RLEHOA’s au- Once the deadline is triggered, the court must dismiss
thority to impose assessments on them. In particular, the action if a motion to substitute is not filed before
appellants argued that RLE was not a validly created the deadline expires. Here, the Supreme Court of Ne-
“common-interest community” because the recorded vada reconsidered Barto v. Weishaar, 101 Nev. 27, 692
Declaration that created RLE did not expressly state P.2d 498 (1985), and its conclusion that a suggestion of
that RLE’s residents would be responsible for paying death emanating from the deceased party must iden-
assessments for the maintenance of common elements tify the deceased party’s successor or representative in
or other real estate aside from their individual units. order to trigger the deadline in NRCP 25(a)(1) to file
Alternatively, appellants contended that RLEHOA was a motion to substitute. Although the Court acknowl-
not a validly created “unit-owners’ association” because edged the importance of precedent, the Court was con-
it was not organized until 2006, while NRS 116.3101 vinced that Barto expanded NRCP 25(a)(1) beyond its
requires a unit-owners’ association to be created be- plain language. Therefore, the Court overruled Barto.
fore the first lot in the common-interest community Separately, the Court concluded that the district court
is conveyed. On appeal, the Supreme Court of Nevada arbitrarily or capriciously exercised its discretion when
held that RLEHOA is a common-interest community it denied a motion to substitute based solely on the
pursuant to NRS 116.021 because RLE’s Declaration court’s preference that someone other than the special
sufficiently gave notice to prospective unit owners that administrator appointed by the probate court be ap-
they would be financially liable for maintaining com- pointed as administrator of the deceased party’s estate.
mon elements. The Court also held that RLEHOA is a At footnote three, the Court noted that the NRCP were
valid unit-owners association even though it was or- amended on March 1, 2019. The amended NRCP 25(a)
(1) imposes a 180-day deadline relating to a motion for
B LE O N LI N E
Nevada Appellate Court Summaries LA
AI
AV
Due to space constraints in the printed issues of Communiqué, the
N OW
official publication of the Clark County Bar Association, readers may
find installments of the recurring feature, “Nevada Appellate Court
Summaries” by Joe Tommasino, Esq., posted on the Clark County
CES
Bar’s website at www.clarkcountybar.org.
VI
Look for the popular, long format piece to be posted regularly on
ER
the site. Search category: Court News, Nevada Appellate Court Sum- CC S
BA R
marieS. For more information, call CCBA at (702) 387-6011. MEMBE
28 Clark County Bar Association – COMMUNIQUÉ – December 2019You can also read
