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Donald Curtis Kudler
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Donald Kudler’s Answers

908 total


  • Legal fees award.

    I have a contract with a fool that says prevailing party wins attorney fees. I prevailed by contesting her fraudulent filing. How do I recover legal fees? Also, if someone is licensed as a realtor, would the real estate department be interest...

    Donald’s Answer

    If you have an attorney, then the attorney should file a Motion for Fees and Costs as part of the contractual damages. If this is/was a Small Claims Court case, this should be done as part of the counter-claim for damages as, generally, Small Claims Courts do not award attorneys fees and costs as non-damages. If you don't have an attorney, then there are no fees to be awarded.

    Hope this helps.

    /s Donald Kudler

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  • How do I get my title back if I had a lien on it Filed bankruptcy discharged 2008

    Truck was paid off but got a lien put on it for collateral for a loan. The loan was put in the bankruptcy. Can I get my car title back?

    Donald’s Answer

    I don't practice in this area, but as I understand it, your car is security for a loan just as it is when you took out the original loan. Whether or not you can get title back may depend on your reaffirming the loan and continuing to make the payments. However, while the lender may end up with the car, the lender should not be able to seek additional money from you if the collateral is less than the outstanding loan.

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  • Am I interpreting Nevada Rule 36(c) Request for Admissions correctly?

    I am drafting a list of questions that pertain specifically to the evidence I have collected and will be using to support my case. My list of questions far exceed the 40 questions mentioned in Rule 36(c) but are all linked back to the evidence. ...

    Donald’s Answer

    The limit for Requests for Admissions is 40 "that do not relate to the genuineness of documents." So, if you ask the other side to admit that a document, such as an email, letter or contract, is genuine it is not counted as one of the 40 allowed by the Rule without seeking a stipulation or ruling from the Court. If you ask a questions such as "Admit that you were the owner of Such and Such Store on January 1, 2016", you will count that as one of the 40 that do not relate to the genuineness of a document. For clarity, and avoiding objections and delays, each Request for Admission should seek the Admission of a single fact. Requests which have subparts count as multiple Requests. Asking the other side to Admit a list of multiple facts will result in counting each of those items as a separate Request.

    I assume your case is not in the Arbitration or Short Trial Programs. If it is, the Arbitrator or Judge could limit the Requests to a number less than that allowed by NRCP 36.

    Hope this helps.

    /s Donald Kudler

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  • Should I sue Mcdonalds or take $5000?

    I got a cup of mold in my drink from mcdonalds. I drank midway and there it was. I got very sick for a few days. Mcdonalds offered me $5000 but I don't think that's sufficient considering I got sick with a stay at the hospital then I lost wages fr...

    Donald’s Answer

    For a quick lesson (which I believe you might already understand), there are two basic elements that you have to prove in any negligence case: that the other person did something wrong; and that you were injured as a result of the error or omission. Where you can establish the first part by showing that McDonald's had a duty to make sure their coffee was free of mold and they did something, or failed to do something, that allowed mold to be in your coffee, they are responsible for the damages the mold caused.

    You have the right idea on what damages you are entitled to seek as a result of this incident: Medical bills, lost wages and pain and suffering all seem to be caused by the mold in the coffee. In Nevada, you are entitled to the full amount of the medical bills and, as of this date, McDonald's does not get credit for any portion of the bills paid for by health insurance or written off by the hospital. This is known as the collateral source rule. Where you lost wages as a result of the illness caused by the mold, you will have to pay taxes on any amount of compensation for the lost income. Take the FULL amount of the bills as the first item of damages.

    Add in the FULL amount of the value of the time lost from work which will be reported to the IRS and State Tax Authority. Lastly, comes your pain and suffering. There is no way to value that, but it should reflect what you went through including the fear and discomfort resulting from the mold.

    You have the right to seek compensation for future damages as well as past damages. So, if your doctor tells you there are likely to be more issues in the future, you have a right to be compensated for those future injuries as well.

    Now, you can compare your evaluation of the damages to what McDonald's is offering. If it seems fair, then accept the offer. If not, demand more and, if necessary file a lawsuit - preferably with an attorney.

    Hope this helps.

    /s Donald Kudler

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  • What can I do when my insurance wont help and the police won't either about a hit and run.

    My vehicle was parked outside my home when a woman crashed into it and fled. My neighbor witnessed it and got the license plates. I've called my insurance several times but they say they can't help because they don't have the system to look up a l...

    Donald’s Answer

    Unless you have comprehensive and collision coverage, your insurer has no duty to investigate. I'm not sure why the police are not interested as there is a crime committed by leaving the scene in addition to any negligence or crime in having the accident.

    A possibility is to request an investigator to research the plates. You may also be able to report the accident and hit and run to the Nevada DMV.

    Good luck.

    /s Donald Kudler

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  • What can I do.do I have a claim?

    I TOOK MY CAR TO GET FIXED AT AN AUTO REPAIR SHOP, AFTER THEYED FINISHED THE REPAIRS I INITIALLY CAME IN FOR, MY CAR WAS SMOKING FROM MY EXAUST. THEY SAID I COULDNT DRIVE IT HOME. After 4,days I pick the car up. Its driving funny. 3 days later I t...

    Donald’s Answer

    Did the second shop state that the first did anything wrong that caused the motor harm? If so, you may be able to be compensated for the damage caused by the first shop. You may also be entitled to compensation if the first shop charged for work that could not have solved a problem. Either case, you will need to have the second shop or some other qualified mechanic testify to the harm done by the negligence of the first shop.

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  • When in the process does a litigant bring up possible spoliation of evidence?

    I've been collecting evidence to use in an civil litigation action from a variety of sources. I have noticed that the other party has since altered/modified some data and deleted other information. I was able to capture that data beforehand know...

    Donald’s Answer

    The case Mr. Selik cites to is a must read on this issue in Nevada. Practically speaking, you'll need to have a basis to file the Motion which means you will have needed to obtain the information and been denied it. If the case is in Clark County District Court, you will need to hold a Rule 2.34 conference seeking the information that may have been list and/or intentionally destroyed. You can also conduct discovery into the reasons for the loss/destruction of the information to support a Motion for Spoliation.

    Hope this helps.

    /s Donald Kudler

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  • Defamation of character statues?

    Where can I find statues and cases that can help with my defamation of character small claims lawsuit? Also can I sue the person who committed the defamation as well as there company who supported and had there name on the documents?

    Donald’s Answer

    Every cause of action, such as negligence in a personal injury case or defamation, has a set of elements that must be proven by the party seeking damages (or other action) from the Court. In order to prevail on your claim for defamation, you will have to prove

    1. a false and defamatory statement by defendant concerning the plaintiff;

    2. an unprivileged publication to a third person;
    fault, amounting to at least negligence; and

    3. actual or presumed damages.
    See, e.g., Chowdhry v. NLVH, Inc., 109 Nev. 478, 483, 851 P.2d 459 (1993)(citing Restatement (Second) of Torts, § 558 (1977)).

    Depending on the type of statement made, the case could fall under a theory of defamation per se and (at least nominal) damages may be presumed. You can research the elements for a per se case online. You can also look to see what types of evidence will be admissible to support your claim.

    There's not much more advice that can be given without knowing all of the relevant facts.

    Hope this helps.

    /s Donald Kudler

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  • What to do from here?

    This afternoon my husband stepped wrong going down our stairs and injured his left foot. At our neighbors, instance we went to the ER to having him checked out only to be told that he has a sprain. They only took an x-ray and when asked how they c...

    Donald’s Answer

    Hopefully, the doctors are right and your husbands injury is limited to a sprain. At this point, there is no way of knowing and there is no way of knowing whether or not the doctors should have done anything more or if their failure to do so has caused any additional injury to your husband as a result of any delayed treatment so there is no way to determine if the doctors committed any malpractice.

    You can seek a second opinion if you feel it appropriate to determine if there is need for further testing or treatment. That decision is yours and should be made based on his needs and not whether or not there is any possibility of malpractice.

    Hope this helps.

    /s Donald Kudler

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  • Can I file for default judgment if the defendant does show to mediation hearing?

    The defendants lawyer filed for a continuance for the mediation hearing and it was granted but the request had the wrong date of the heating its on the 24th but she put the 14th. So doesn't that make the request nollen void and the subsequent gran...

    Donald’s Answer

    You can show up, but if the Court has moved it and it is not on Calendar, then it is unlikely the Court will grant a Default. In any case, even if the Default were granted, the Court would likely grant any Motion by the Defendant to vacate the Default based on the reasonable error.

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