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"" "23STCV06307" Exact match of phrase
* negligen* Match anything after the *
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AND "damages" AND "injuries" AND "relief" Both terms must appear in document
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Las Vegas Cay Club Homeowners' Association, Plaintiff(S) Vs. Hoa Capital Advisors, Llc, Defendant(S)

Case Last Refreshed: 1 year ago

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filed a(n) Breach of Contract - Commercial case in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Roohani, Ellie presiding.

Case Details for Las Vegas Cay Club Homeowners' Association, Plaintiff(S) Vs. Hoa Capital Advisors, Llc, Defendant(S)

Case Number

(Subscribe to View)

Judge

Roohani, Ellie

Filing Date

January 29, 2021

Category

Other Contract

Last Refreshed

November 18, 2022

Practice Area

Commercial

Filing Location

Clark County, NV

Matter Type

Breach of Contract

Case Outcome Type

Summary Judgment

Case Events for Las Vegas Cay Club Homeowners' Association, Plaintiff(S) Vs. Hoa Capital Advisors, Llc, Defendant(S)

Date Type Description
November 17, 2022 Docket Event Hearing
HOA Capital Advisors, LLC's Unopposed Request to Seal Certain Trial Exhibits Consisting of Confidential Settlement Agreements

Judge: Roohani, Ellie
November 17, 2022 Docket Event Bench Trial

Judge: Roohani, Ellie
November 17, 2022 Docket Event Bench Trial

Judge: Roohani, Ellie
November 14, 2022 Docket Event Trial Brief Doc ID# 86
[86] HOA Capital Advisors, LLC's Opening Trial Brief
November 14, 2022 Docket Event Trial Brief Doc ID# 87
[87] Trial Brief
November 14, 2022 Docket Event Exhibits Doc ID# 84
[84] HOACA Final Trial Exhibit List
November 14, 2022 Docket Event Pre Trial Information Doc ID# 85
[85] Stipulated Facts for Trial
November 11, 2022 Docket Event Stipulation and Order Doc ID# 82
[82] Stipulation and Order to Extend Pre-Trial Deadlines for Exhibits, Briefs, and Findings of Fact, Conclusion of Law (First Request)
November 11, 2022 Docket Event Order Shortening Time Doc ID# 83
[83] HOA Capital Advisors, LLC's Unopposed Request to Seal Certain Trial Exhibits Consisting of Confidential Settlement Agreements
November 01, 2022 Docket Event Minute Order
In anticipation of trial and pursuant to the Court s request, the parties have submitted briefing regarding the calculation of damages at trial. Having considered the briefing and the parties respective positions, the Court finds: 1. Damages of this nature do not require expert testimony under Nevada law. See Dugan v. Gotsopoulos, 117 Nev. 285, 289 (2001). Herrin will be permitted to testify and her testimony will be weighed as any other witness s testimony would. 2. April 2018 is the date from which damages will be calculated because HOACA is entitled to lost profits and expectancy damages, including gains prevented. Eaton v. J.H., Inc., 94 Nev. 449, 450 (1978); Road & Hwy. Builders v. North Nev. Rebar, 128 Nev. 384, 392 (2012). 3. HOACA is entitled to attorney s Fees only to the extent that the fees in this litigation exceed the expected litigation costs at the time of trial. In other words, HOACA will have to establish an estimate of litigation that was anticipated at the time of the PSA to obtain clear title. Then, HOACA will have to establish that an excess of those litigation costs were incurred. Cay Club s argument that HOACA should have contemplated and planned to incur costs in the event that Cay Club s breached the PSA lacks merit. HOACA was entitled to rely on Cay Club s representations and the Superpriority Warranty. Cay Club s purported breach caused HOACA to incur unanticipated fees and costs. Therefore, Cay Club would be liable for the full consequences of its breach. CLERK'S NOTE: This minute order was electronically served by Courtroom Clerk, Natalie Ortega, to all registered parties for Odyssey File & Serve and/or served via facsimile. ndo/11/01/22

Judge: Roohani, Ellie
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