Daane v. the Eighth Judicial Dist. Court of State , No. 57020.

Docket NºNo. 57020.
Citation261 P.3d 1086, 127 Nev. Adv. Op. 59
Case DateSeptember 29, 2011
CourtSupreme Court of Nevada

261 P.3d 1086
127 Nev.
Adv. Op. 59

William DAANE, Petitioner,
v.
The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Donald M. Mosley, District Judge, Respondents,andCR Title Services, Inc.; and CitiMortgage, Inc., Real Parties in Interest.

No. 57020.

Supreme Court of Nevada.

Sept. 29, 2011.


[261 P.3d 1086]

Law Office of Jacob L. Hafter & Associates and Jacob L. Hafter and Michael K. Naethe, Las Vegas, for Petitioner.

[261 P.3d 1087]

Pite Duncan, LLP, and Gregg A. Hubley and Laurel I. Handley, Las Vegas, for Real Parties in Interest.Before the Court En Banc.
OPINION
By the Court, SAITTA, C.J.:

In this opinion, we address a single issue—specifically, whether a writ of prohibition is available to preclude Nevada's Foreclosure Mediation Program from conducting further proceedings with respect to petitioner William Daane's residence. Because Daane has an adequate remedy in the ordinary course of law, we conclude that a writ of prohibition is inappropriate at this time. We therefore deny the petition.

FACTS AND PROCEDURAL HISTORY

Daane refinanced the mortgage on his residence and ultimately fell into default on the new loan. Real party in interest CR Title Services, Inc., the trustee of the deed of trust, filed a notice of default to initiate the foreclosure process. Daane opted to participate in the Foreclosure Mediation Program. See NRS 107.086; Foreclosure Mediation Rules (FMRs). Shortly thereafter, the mediation was conducted. At the mediation, however, real party in interest CitiMortgage, Inc., the beneficiary of the deed of trust, failed to produce necessary documents and sent a representative that lacked authority to negotiate. Consequently, the mediator determined that CitiMortgage participated in the mediation in bad faith.

Daane filed a petition for judicial review in the district court, seeking a finding that CitiMortgage had participated in bad faith. After a hearing on the matter, the district court found that CitiMortgage acted in bad faith, requiring it to reimburse Daane for his attorney fees and costs. CitiMortgage was also denied a letter of certification. A couple of hours after the hearing, CR Title filed a second notice of default, reinitiating the foreclosure process. Daane again elected for mediation in the Foreclosure Mediation Program. He then brought this petition for a writ of prohibition, along with a request to stay the foreclosure proceedings, which we granted. Daane...

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5 practice notes
  • Weddell v. Stewart, Nos. 55981
    • United States
    • Nevada Supreme Court of Nevada
    • September 29, 2011
    ...us to reconsider our decision. The motion for reconsideration of the order dismissing the appeal in Docket No. 55981 is therefore denied. [261 P.3d 1086] CONCLUSION We can no longer afford to devote limited judicial resources to matters in which the requisite fees have not been paid. Theref......
  • Washoe Cnty. Dist. Attorney's Office v. Second Judicial Dist. Court of State, No. 79792
    • United States
    • Nevada Supreme Court of Nevada
    • October 8, 2020
    ...therefore, the decision to entertain the petition lies within our discretion." Daane v. Eighth Judicial Dist. Court, 127 Nev. 654, 655, 261 P.3d 1086, 1087 (2011). We will generally entertain a petition for extraordinary relief when the petitioner lacks an adequate remedy at law. Johanson v......
  • State v. The Eighth Judicial District Court of State, 83269
    • United States
    • Nevada Supreme Court of Nevada
    • February 18, 2022
    ...writ relief. The decision to entertain a writ petition is within our discretion. Daane v. Eighth Judicial Dist. Court, 127 Nev. 654, 655, 261 P.3d 1086, 1087 (2011). We "may exercise . . . [our] discretion to entertain a petition for mandamus relief where the circumstances reveal urgency an......
  • Wangsness v. Wells Fargo Bank, N.A., No. 17-17445
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 14, 2019
    ...Pasillas v. HSBC Bank USA, 255 P.3d 1281, 1286 (Nev. 2011); see also Daane v. Eighth Judicial Dist. Court of State ex rel. Cty. of Clark, 261 P.3d 1086, 1087 (Nev. 2011). Thus, even if Nevada recognized a duty of care, the issues sought to be litigated in district court would be barred by p......
  • Request a trial to view additional results
5 cases
  • Weddell v. Stewart, Nos. 55981
    • United States
    • Nevada Supreme Court of Nevada
    • September 29, 2011
    ...us to reconsider our decision. The motion for reconsideration of the order dismissing the appeal in Docket No. 55981 is therefore denied. [261 P.3d 1086] CONCLUSION We can no longer afford to devote limited judicial resources to matters in which the requisite fees have not been paid. Theref......
  • Washoe Cnty. Dist. Attorney's Office v. Second Judicial Dist. Court of State, No. 79792
    • United States
    • Nevada Supreme Court of Nevada
    • October 8, 2020
    ...therefore, the decision to entertain the petition lies within our discretion." Daane v. Eighth Judicial Dist. Court, 127 Nev. 654, 655, 261 P.3d 1086, 1087 (2011). We will generally entertain a petition for extraordinary relief when the petitioner lacks an adequate remedy at law. Johanson v......
  • State v. The Eighth Judicial District Court of State, 83269
    • United States
    • Nevada Supreme Court of Nevada
    • February 18, 2022
    ...writ relief. The decision to entertain a writ petition is within our discretion. Daane v. Eighth Judicial Dist. Court, 127 Nev. 654, 655, 261 P.3d 1086, 1087 (2011). We "may exercise . . . [our] discretion to entertain a petition for mandamus relief where the circumstances reveal urgency an......
  • Wangsness v. Wells Fargo Bank, N.A., No. 17-17445
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 14, 2019
    ...Pasillas v. HSBC Bank USA, 255 P.3d 1281, 1286 (Nev. 2011); see also Daane v. Eighth Judicial Dist. Court of State ex rel. Cty. of Clark, 261 P.3d 1086, 1087 (Nev. 2011). Thus, even if Nevada recognized a duty of care, the issues sought to be litigated in district court would be barred by p......
  • Request a trial to view additional results

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