The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that an application for a deficiency judgment must be filed within six months of a foreclosure sale.
Jackson, F. Shane, "Badger v. Eighth Jud. Dist. Ct." (2016). Nevada Supreme Court Summaries. 963.