Case Last Refreshed: 3 years ago
Sacor Financial Inc, filed a(n) Judgment Enforcement - Creditor case represented by Edward D. Boyack, against Cho, Mike, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Kishner, Joanna S. presiding.
Case Number |
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Filing DateNovember 30, 2016 |
CategoryForeign Judgment |
Last RefreshedNovember 23, 2020 |
Practice AreaCreditor |
Filing LocationClark County, NV |
Matter TypeJudgment Enforcement |
Case Outcome TypeOrder |
| Date | Type | Description | |
|---|---|---|---|
| March 19, 2018 | Docket Event | Bench Warrant | |
| March 14, 2018 | Docket Event |
Status Report Plaintiff Sacor Financial Inc.'S Status Memorandaum in Support of Bench Warrant |
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| March 07, 2018 | Docket Event | Notice of Entry of Order | |
| March 07, 2018 | Docket Event | Order Granting Motion for Post-Judgment Attorney's Fees and Costs | |
| February 27, 2018 | Docket Event | Notice of Entry of Order | |
| February 23, 2018 | Docket Event |
Status Check Re: Fees & Costs A. PLAINTIFF IS ENTITLED TO ATTORNEY'S FEES PURSUANT TO NRS 22.100 AND BRUNZELL V. GOLDEN GATE NATIONAL BANK Plaintiff seeks an award of Attorney's Fees in the amount of $1,339, pursuant to NRS 22.100, which provides for an award of "attorney's fees, incurred by the party as a result of the contempt." As the Court has already made a finding of contempt, the Court finds that an award of attorney's fees is appropriate. However, the Court must review the request for attorneys' fees in light of the factors set forth in Brunzell v. Golden Gate National Bank, 85 Nev. 345, 349 (1969). Thus, the factors used in determining which fees are appropriate include, "1) the qualities of the advocate; 2) the character of the work to be done; 3) the work actually performed by the lawyer: the skill, time and attention to the work; 4) the result: whether the attorney was successful and what benefits were derived." Brunzell v. Golden Gate Nat. Bank, 455 P.2d 31, 33 (Nev. 1969). Each factor will be discussed in turn. The Court finds that Plaintiff has addressed the factors set forth under Brunzell in the Supplemental Brief filed on February 14, 2018, and that based on the information provided, an award of the attorneys' fees requested is warranted. Therefore, after a full review of the Brunzell factors the Court finds it appropriate to grant attorney fees in the amount of $1,339. B. PLAINTIFF IS ENTITLED TO COSTS PURSUANT TO NRS 18.020 AND CADLE CO. V. WOODS & ERICKSON, LLP NRS 22.100 also provides for an award of "reasonable expenses," which includes the reasonable and necessary costs of securing the order of contempt. In Cadle Co. v. Woods & Erickson, LLP, 131 Nev. Adv. Op. 15, 345 P.3d 1049, 1054 (2015), the Nevada Supreme Court stated that in order for costs to be appropriately awarded they must be reasonable, necessary and actually incurred. "Without evidence to determine whether a cost was reasonable and necessary, a district court may not award costs." Id. See Also In RE Dish Network, 133 Nev. Adv. Op. 61, 401 P.3d 1081. Here, Plaintiff is seeking costs in the amount of $212.12, for photocopying, postage, courier fees, filing fees and service of process. The Court finds that, as set forth in the Supplemental brief, these costs were reasonable and necessary. The Court is also satisfied that the documentation provided and declaration of Edward Boyack demonstrate that the costs were actually incurred. The Court therefore finds it appropriate to order an award of costs in the amount of $212.12. As set forth above, the Court Orders an award of fees in the amount of $1,339 and costs in the amount of $212.12. Plaintiff's counsel to prepare the order and submit to chambers within 10 days pursuant to EDCR 2.20. CLERK'S NOTE: This Minute Order was electronically served by Courtroom Clerk, Tena M. Jolley, to all registered parties for Odyssey File & Serve. (tmj;2/23/18) Judge: Kishner, Joanna S. |
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| February 14, 2018 | Docket Event |
Supplement Plaintiff SACOR Financial Inc.'s Supplemental Brief for Attorneys' Fees and Costs |
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| February 13, 2018 | Docket Event |
Memorandum of Points and Authorities Plaintiff SACOR Financial's Amended Memorandum of Attorneys' Fees, Costs and DIsbursements |
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| February 13, 2018 | Docket Event | Order of Contempt Regarding Responses to and Production of Post-Judgment Documents Pursuant to NRCP 69 And Regarding Sanctions against Judgment Debtor Mike Cho | |
| February 13, 2018 | Docket Event |
Memorandum of Costs and Disbursements Plaintiff SACOR Financial's Memorandum of Attoreryes' Fees, Costs and DIsbursements |
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