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JED Property, LLC v. Coastline RE Holdings NV Corp.

Supreme Court of Nevada

March 5, 2015

JED PROPERTY, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellant,
v.
COASTLINE RE HOLDINGS NV CORP., A NEVADA CORPORATION, Respondent. JED PROPERTY, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellant,
v.
COASTLINE RE HOLDINGS NV CORP., A NEVADA CORPORATION, Respondent

Consolidated appeals from a district court order granting a motion for summary judgment and a post-judgment award of attorney fees and costs. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

Marquiz Law Office and Craig A. Marquiz, Henderson; Bogatz Law Group and Scott Bogatz and Charles M. Vlasic III, Las Vegas, for Appellant.

Gordon Silver and Kenneth E. Hogan and Erika A. Pike Turner, Las Vegas; Lewis Roca Rothgerber LLP and Joel D. Henriod and Daniel F. Polsenberg, Las Vegas, for Respondent.

BEFORE PARRAGUIRRE, SAITTA and PICKERING, JJ.

OPINION

Page 1240

SAITTA, J.:

If a trustee's sale under NRS 107.080 " has been postponed by oral proclamation three times, any new sale information must be provided by notice as provided in NRS 107.080." NRS 107.082(2). At issue here is whether NRS 107.082(2) requires another notice of the sale's time and place, as provided in NRS 107.080, after a third oral postponement of a trustee's sale or if the notice of sale requirement is not triggered unless, after the third oral postponement has been given, the sale's time or place subsequently changes.

We hold that NRS 107.082(2)'s notice of sale requirement is not triggered unless, after the third oral postponement has been given, the sale's date, time, or place is later changed. Therefore, the district court did not err in granting summary judgment and in subsequently awarding attorney fees and costs.

FACTUAL AND PROCEDURAL HISTORY

In an effort to foreclose on real property in Las Vegas that was used to secure a debt by appellant JED Property, LLC, respondent Coastline RE Holdings NV Corp. or its trustee recorded a notice of a trustee's sale. The trustee's sale was orally postponed three times before the property was sold, with the sale occurring on the date and at the place set by the third oral postponement.

After Coastline initiated a civil action against JED, JED filed counterclaims against Coastline, asserting a claim for, among other things, wrongful foreclosure. In particular, JED contended that Coastline violated NRS 107.082(2) when it orally postponed the sale three times without effectuating a written notice of the sale's time and place as provided in NRS 107.080. Coastline then filed a motion for summary judgment, arguing that JED premised its counterclaims on an erroneous interpretation of NRS 107.082(2). The district court granted summary judgment in favor of Coastline upon concluding that the three oral postponements did not trigger NRS 107.082(2)'s notice requirement because the sale occurred on the date set by the third oral postponement. Subsequently, the district court granted Coastline an award of attorney fees and costs.

JED now appeals the summary judgment order. JED also appeals the award of attorney fees and costs to the extent that the award must be reversed if JED prevails in this proceeding by compelling the reversal of the summary judgment. In so doing, JED raises the following issue: whether the district court erred in granting summary judgment in favor of Coastline as to the counterclaims against it upon concluding that the three oral postponements of the trustee's sale did not trigger NRS 107.082(2)'s notice requirement.

DISCUSSION

On appeal, JED argues that the district court's reading of NRS 107.082(2) deviated from the statute's plain meaning, which JED reads as requiring a written notice of new sale ...


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