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Olivero v. Love3/24/2000
ommunity estate, in its award of punitive damages.
We conclude that Olivero failed to demonstrate that the punitive damages were awarded under the influence of passion or prejudice. Further, the only evidence Olivero offers for support is that the district court asked him additional questions and threatened him with contempt if he continued to fail to bring required documents. This evidence is insufficient to demonstrate that the district court was somehow prejudiced against Olivero. Finally, the totality of the evidence against Olivero, which the district court had the discretion to accept, demonstrated an outrageous and ill-advised exercise of physical domination over a person who was only trying to explain delays in the construction of Olivero's construction project.
Docket No. 32753
In his separate appeal, Lowe contends that he was entitled to attorney's fees under NAR 20(A), which states:
"Except as otherwise provided in this subsection, if the amount of the award in the trial de novo does not . . . reduce the liability imposed on [the party requesting trial de novo] by the arbitration award, the party requesting the trial de novo must pay to the adverse parties all . . . actual attorney's fees associated with the prosecution . . . of the trial de novo. Awards of attorney's fees may not exceed the total amount of $3,000 unless the court finds extraordinary circumstances justifying a higher award."
(Emphasis added.) The arbitrator awarded Lowe $3,500.00 in damages. Thereafter, the district court entered judgment in favor of Lowe totaling $10,000.00 in compensatory damages and $45,000.00 in punitive damages. We therefore conclude that Lowe was entitled to mandatory attorney's fees up to $3,000.00 under NAR 20 because Olivero clearly failed to improve upon the arbitration award. This award is independent of NRS 18.010(2)(a), which precludes fees under that provision where the recovery, exclusive of costs, exceeds $20,000.00. See Barmettler, 114 Nev. at 452, 956 P.2d at 1389.
Lowe also contends that the district court abused its discretion in denying Lowe's request for attorney's fees as sanctions under NRCP 37(c) for failure to admit disputed substantive facts in connection with the parties' confrontation on July 10, 1994. NRCP 37(c) provides:
"If a party fails to admit . . . the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves . . . the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that there was good reason for the failure to admit."
We conclude there was no error in the district court's refusal to sanction Olivero under NRCP 37(c). Lowe's requests to admit required Olivero to admit to crucial facts central to the lawsuit. See Morgan v. Demille, 106 Nev. 671, 675, 799 P.2d 561, 564 (1990) (holding that NRCP 36 is designed to elicit admissions of fact as to which there is no real dispute and which the adverse party can admit cleanly, without qualification).
We have reviewed all other contentions brought forth in these appeals and determine them to be without merit.
Based on the foregoing discussion, we reverse the district court's order denying appellant attorney's fees and remand this order to the district court for entry of an award of attorney's fees under NAR 20. In all other respects, the judgment below is affirmed.
SHEARING and BECKER, JJ., concur.
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