Rockery Wall Litigation Update.

The following summarizes actions associated with the SOA Rockery Wall Law Suit taken after the Homeowner vote to either ratify or not ratify the undertaking of such action.

Washoe County District Court Case CV17-02427 Docket Entries filed by SOA Attorney

On May 3rd 2018 – Filed the “First Amended Complaint for Damages (Corrected)” document. This 19 page document amends the original Chapter 40 Complaint for Damages filed against the Somersett Development Company et. al. The Amendment incorporates the following:

  1. A change in the identification of defendants to : 1) Somersett Development Company LTD, 2) Somersett LLC (a dissolved company), 3) Somersett Development Corporation (a dissolved company), 4) Q&D Construction, 5) Parsons Bros Rockeries Inc, and 6) Parsons Rocks.
  2. Addition of two articles to Section IV “Second Claim for Relief” of the Complaint, which invoke the provisions of NRS 116.4113 “Express Warranties of Quality” and NRS 116.4114 “Implied Warranties of Quality”.  Comment – It is not clear why the addition of references to these two NRS 116 provisions, except perhaps to argue they override the six-year statute of limitations.

Except for the change in identified defendants and the two additions to Section IV of the Complaint mentioned above, all other claims remain in effect and unchanged from the original. A complete copy of the Amended Complaint may be accessed via the following link: First Amended Complaint For Damages (Corrected)

On April 26th and May 8th – Filed a “Stipulation and Order to Dismiss Without Prejudice” the complaints against Parsons Bros Rockeries California Inc and Parsons Rocks LLC. This leaves Parsons Brothers Inc as the sole Parsons Brothers affiliate company as a defendant.

SOA Board Actions

  1. Effective April 14th 2018 the Board issued a “Unanimous Written Consent Document”, which approved moving forward with the Rockery Wall Law Suit. This irrespective of the fact that a majority of Somersett Homeowners did not vote to ratify such action. See previous post of May 4th entitled Rockery Wall Law Suit- Authority to Proceed? for a discussion on this issue.
  2. On May 17th2018 via a SOA litigation update letter, the SOA Attorney revealed that a June 22nd 2018 Mediation Meeting will take place. Letter did not specify who will be represented.
  3. Added an “Alleged Violation of NRS 116.31088” agenda item for the May 23rd BOD Meeting. This in response to an Association Member letter questioning the Boards authority to proceed with the law suit based on Homeowner vote results. A copy of which may be accessed via the following link: Alleged Violation of NRS 116.31088

 

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