Badger v. Eighth Jud. Dist. Ct.

After the Borrower defaulted on a loan, the Guarantor (the petitioner) allegedly breached the guaranty. Omni (the real party in interest) filed a complaint against the Guarantor for the alleged default on the guaranty. At issue on appeal is whether a creditor's amended complaint seeking a deficiency judgment against petitioner may relate back to a timely complaint against a different party pursuant to NRCP 15(c), so as to satisfy NRS 40.455(1)'s six-month deadline for an application for a deficiency judgment against petitioner. The court concluded that the district court erred in permitting the real party in interest's amended complaint to relate back to the timely original complaint pursuant to NRCP 15(c), so as to satisfy the six-month deadline for an application for a deficiency judgment against petitioner, as required by NRS 40.455(1); the timely complaint against the borrowers does not constitute a valid application for deficiency judgment against the unnamed petitioner; and petitioner did not waive his right to object under NRS 40.455(1). Accordingly, the court concluded that the district court erred in denying petitioner's motion for summary judgment in the guaranty action and motion to dismiss in the borrower action, and the court granted the petition for writ of mandamus. View "Badger v. Eighth Jud. Dist. Ct." on Justia Law