IN THE SUPREME COURT OF THE STATE OF NEVADA
`
`
`YVES GHIAI-CHAMLOU,
`
`
`No. 83635
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`
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`Electronically Filed
`Dec 15 2021 03:08 p.m.
`Elizabeth A. Brown
`DOCKETING STATEMENT
`Clerk of Supreme Court
`CIVIL APPEALS
`
`Plaintiff,
`
`
`vs.
`
`RELIANT TITLE USA, LLC;
`HORIZON REALITY GROUP, LLC;
`BERKSHIRE
`HATHAWAY
`HOMESERVICES NEVADA; DOES
`I through XXX, inclusive, and ROE
`BUSINESS ENTITIES I through X,
`inclusive,
`
`
`Defendants.
`
`
`
`
`1. Eight Judicial District Court
`Dept. No.: XXII
`Case No.: A-18-777196-C
`Hon: Susan H. Johnson
`
`2. Attorney Filing this docketing Statement:
`Leo P. Flangas
`Ian Christopherson
`702-384-1990
`600 S. Third St.
`Las Vegas, NV 89101
`Client: Yves Ghiai-Chamlou
`
`3. Attorney(s) Representing Respondent(s):
`Jay Kenyon, Esq.
`702-888-0000
`YAN KENYON
`7881 W. Charleston Blvd. Suite 165
`Las Vegas, NV 89117
`
`
`Docket 83635 Document 2021-35762
`
`

`

`J. Daniel Weidner, ESQ. (pro hoc vice)
`402-390-9500
`KOLEY JESSEN, P.C., L.L.O.
`1125 South 103rd St., Suite 800
`Omaha, NE 68124
`
`Client: Reliant Title USA, LLC
`
`4. Nature of disposition: Motion to dismiss was granted in favor of Reliant Title
`USA, LLC.
`
`5. This appeal does not raise issues of child custody, venue, or termination of
`parental rights.
`
`
`6. There are no pending or prior proceedings in this court.
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`7. There are no pending or prior proceedings on any other court related to this
`appeal.
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`
`
`8. This action stems from Reliant Title’s failure to protect the pending real estate
`sale from either employees or others, which resulted in Appellant’s funds in
`the amount of $160,000 being stolen. The district court granted Reliant Title’s
`motion to dismiss holding that it owed no duty to Appellant and/or that any
`duty was waived by the escrow agreement.
`
`9. The following are the issues on appeal:
`
`
`a. Whether duties of due care of escrow and/or title agents can be
`contractually waived.
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`b. Whether the court erred in granting Respondent’s motion to dismiss.
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`c. Whether Appellant could plead no set of facts that would entitle it to
`relief against Respondent.
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`10. Appellant is unaware of any pending proceedings in this court raising the
`same or similar issues.
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`11. This appeal does not raise any constitutional issues.
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`

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`12. This appeal does not:
`
`
`a. raise any questions of Nevada precedent;
`b. raise issues arising under the Nevada or US Constitutions;
`c. contain a substantial issue of first impression;
`d. contain an issue of public policy;
`e. contain an issue requiring en banc consideration to maintain the
`uniformity of this court’s decisions;
`f. involve a ballot question.
`
`13. This appeal under NRAP 17 this appeal does involve a contract-based dispute
`for $160,000, which is over the $75,000 threshold articulated in NRAP
`17(b)(6). Appellant nonetheless does no object to the matter being assigned to
`the Court of Appeals.
`
`14. The underlying action did not proceed to trial.
`
`15. Justice Silver has been challenged for cause and recused herself in the past
`due to a conflict with Attorney Ian Christopherson, who represents Appellant
`and her recusal is appropriate..
`
`16. The Notice of Entry of the written order appealed from – a denial of a motion
`for reconsideration – was filed on June 19, 2020., however the Notice of Entry
`of the judgements and dismissal resolving the remaining claims was filed on
`Septembe 10, 2021
`
`17. This matter became ripe for Appeal upon Notice of Entry of the September
`10, 2021, Stipulated Judgment Against Horizon Realty Group, LLC resolving
`all remaining claims of all parties.
`
`18. The notice of appeal was not tolled.
`
`19. Notice of appeal was filed October 7, 2021.
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`20. NRAP 4(a) governs the time limit for filing the notice of appeal.
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`21. NRAP 3A(b)(1) grants this court jurisdiction to review the order granting
`Reliant Title’s motion to dismiss.
`
`22. The parties in the district court action are as follows:
`
`

`

`
`
`a. RELIANT TITLE USA, LLC;
`HORIZON REALITY GROUP, LLC;
`BERKSHIRE HATHAWAY HOMESERVICES NEVADA.
`
`b. Horizon Reality Group entered into a stipulated judgment with
`Appellant and Berkshire Hathaway Homeservices Nevada was
`voluntarily dismissed.
`
`23. Appellant asserts Respondent failed in its duty to Appellant to protect the
`security of the escrow file allowing the compromise thereof after been
`engaged as the escrow agent in a real estate transaction.
`
`24. Yes
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`25. N/A
`
`26. N/A
`
`27. Copies of the following documents are attached:
`
` -
`
` Second Amended Complaint, dated Feb. 21, 2020
`- Reliant Title USA, LLC’s Motion to Dismiss, dated March 20, 2020
`- Opposition to Defendant Reliant Title USA, LLC’s Motion to Dismiss,
`dated April 10, 2020
`- Defendant Reliant Title USA LLC’s Reply Brief in Support of its Motion
`to Dismiss, dated April 14, 2020
`- Order Granting Defendant Reliant Title USA, LLC’s Motion to Dismiss
`Plaintiff’s Second Amended Complaint with Prejudice, dated May 1, 2020
`- Plaintiff’s Motion for Reconsideration of Order Granting Defendant
`Reliant Title USA, LLC’s Motion to Dismiss Plaintiff’s Second Amended
`Complaint with Prejudice and/or Motion for NRCP Rule 59 or 60 Relief
`from Order, dated May 11, 2020
`to Plaintiff’s Motion for
`- Reliant Title USA, LLC’s Opposition
`Reconsideration of Order Granting Defendant Reliant Title USA, LLC’s
`Motion to Dismiss Plaintiff’s Second Amended Complaint with Prejudice
`and/or Motion for NRCP Rule 59 or 60 Relief from Order, dated May 26,
`2020
`- Response to Opposition to Plaintiff’s Motion for Reconsideration, dated
`June 4, 2020
`
`
`
`
`
`

`

`- Notice of Entry of Order of Order Denying Plaintiff’s Motion for
`Reconsideration, (both) dated June 19, 2020
`- Notice of Entry of Order of Order Granting in Part, Denying in Part
`Defendant Americana, LLC’s Motion to Dismiss, (both) dated August 17,
`2020.
`- Notice of Entry of Order of Stipulation and Order for Dismissal with
`Prejudice as to Defendant Americana, LLC d/b/a Berkshire Hathaway
`Homeservices Nevada Properties, dated Sept. 10, 2021 and February 3,
`2021 (respectively)
`
`VERIFICATION
`
`Yves Ghiai-Chamlou, Appellant
`
`Dated: 12/15/2021
`
`Leo P. Flangas, counsel of record
`
`/s/ Leo P. Flangas
`
`
`
` I
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` declare under the penalty of perjury that I have read this docketing statement,
`that the information provided in this docketing statement is true and complete
`to the best of my knowledge, information and belief, and that I have attached
`all required documents to this docketing statement.
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`I certify that on the 15 day of December, 2021, I served a copy of this completed
`docketing statement upon all counsel of record:
`By mailing it by first class mail with sufficient postage prepaid to the following
`address(es):
`Jay Kenyon, Esq.
`702-888-0000
`YAN KENYON
`7881 W. Charleston Blvd. Suite 165
`Las Vegas, NV 89117
`
`J. Daniel Weidner, ESQ. (pro hoc vice)
`402-390-9500
`KOLEY JESSEN, P.C., L.L.O.
`1125 South 103rd St., Suite 800
`Omaha, NE 68124
`
`
`Dated this 15th of December 2021.
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`
`/s/Natasha Smith________
`FOR THE FIRM
`
`

`

`Electronically Filed
`2/21/2020 12:58 PM
`Steven D. Grierson
`CLERK OF THE COURT
`
`Case Number: A-18-777196-C
`
`

`

`1.
`
`That at all times relevant herein, Plaintiff, YVES GHIAI-CHAMLOU,was and is
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`residentof the state of California.
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`2.
`
`That upon information and belief, at all
`
`times relevant herein, Defendant, RELIAN
`
`TITLE USA,LLC.(“Reliant Title”), was and is a foreign limited liability company conducting busines
`
`in Clark County, Nevada.
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`3.
`
`That upon information and belief, at all times relevant herein, Defendant, HORIZO
`
`REALTY GROUP,LLC (“Horizon Realty”), was and is a Nevada limitedliability company conductin
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`business in Clark County, Nevada.
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`4.
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`That upon information and belief, at all times relevant herein, Defendant, BERKSHIR
`
`
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`HATHAWAY HOMESERVICES NEVADA PROPERTY (“Berkshire Hathaway”), was and is
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`Nevadapartnership conducting business in Clark County, Nevada.
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`5.
`
`Defendants DOES I through X, and ROE CORPORATIONSI through X, are unkno
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`to Plaintiff who thereon sues said Defendants bysuchfictitious names. Plaintiff is informed and believe
`
`
`
`and thereon alleges that each of the Defendants designated as DOES I
`
`through X, and RO
`
`CORPORATIONSI through X, are responsible in some manner for the events and happenings herei
`
`alleged. Plaintiff will ask leave of the Court to amend this Complaintto insert the true names of suc
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`Defendants when the same have beenascertained.
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`
`
`I.
`PARTIES
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`6.
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`This Court has jurisdiction over the parties and venue is proper in this jurisdiction
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`becauseat all times relevant hereto, the real property which formsthe basis for the instant dispute was
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`located within Clark County, Nevada.
`
`II.
`GENERAL ALLEGATIONS
`
`7.
`
`On or about May 22, 2018, Plaintiff, YVES GHIAI-CHAMLOU,hired an individual b
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`the name of Veronica Martinez (“Ms. Martinez”) as real estate agent to assist Plaintiff in the acquisitio
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`of real property located in Clark County, Nevada.
`
`
`
`

`

`8.
`
`At the time that Veronica Martinez was hired by Plaintiff, Ms. Martinez was workingi
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`the capacity of employee, agent and/or servant on Defendant, HORIZON REALTY GROUP,LLC.
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`9.
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`In June of 2018, Ms. Martinez contacted Plaintiff concerning a potential property whic
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`wasavailable for purchase acquisition.
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`10.
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`After engaging in a serious of communications with Ms. Martinez, an offer wa
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`submitted by Plaintiff to acquire the subject property.
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`11.
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`On or about June 6, 2018, Plaintiff, YVES GHIAI-CHAMLOU,received correspondenc
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`from Veronica Martinez notifying Plaintiff that the ownerof the applicable property had agreedto sel
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`the property for the monetary sum of one hundred andsixty-eight thousand dollars ($168,000.00).
`
`12.
`
`The following day, on June 7, 2018, Veronica Martinez contacted Plaintiff, YVE
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`GHIAI-CHAMLOU,and notified Plaintiff that Ms. Martinez had decided use the services ofa titl
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`company by the name of RELIANT TITLE USAto handle administrative matters in association wit
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`the closingoftitle.
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`13.
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`title services to Plaintiff, RELAINT TITLE engaged in advertising and promotional efforts in whic
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`Prior to and during the time that Defendant, RELIANT TITLE,wasretained to provid
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`RELAINT TITLE promoted RELIANT TITLE’s purported knowledge, skill, experience, expertise, an
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`professionalism in providing real estate closing andtitle services.
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`that “At Reliant Title, our employees are focused on delivering the highest quality of service to ou
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`clients. Whether you’re a home buyer, homeseller, Realtor, Lender or Attorney. It is our goal to ge
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`your transaction closed and makethe processas carefree as possible for all parties involved.”
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`15.
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`During the course of the events at issue in the instant case, Defendant, RELIANT TITLE
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`14.—_In the advertising and promotional efforts which engaged in, RELIANT TITLE promoted
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`
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`engaged in communications with Plaintiff, YVES GHIAI-CHAMLOU,andotherparties in whic
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`RELIANT TITLE transmitted, received and/or stored sensitive financial document and informatio
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`concerning Plaintiff.
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`16,
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`On or about June 18, 2018, Defendant, RELIANT TITLEcaused, directed and/or emaile
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`a draft settlement statement to Veronia Martinez using regular, non-secure and/or unencrypted email.
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`
`
`

`

`17.
`
`CHAMLOU,
`
`On or about June 7, 2018, Veronia Martinez contacted Plaintiff, YVES GHIAI
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`to inform Plaintiff that Plaintiff would be receiving wiring instructions shortly from a
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`individual
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`identified as Nicole Von Tobel of RELIANT TITLE, requesting that Plaintiff wire th
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`monetary sum ofthree thousand dollars ($3,000.00) and provide confirmedreceipt.
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`18.
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`At approximately 4:1] p.m., on June 8, 2018, Ms. Von Tobel sent an email to Plaintif;
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`and Veronia Martinez which contained an Ernest Money Deposit (“EMD”) form requesting the Listin
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`Agent’s email address.
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`
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`19.
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`On June 14, 2018 Plaintiff, YVES GHIAI-CHAMLOJ,sent a text message to Veronic
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`Martinez informing Ms. Martinez that Plaintiff would be flying to Las Vegas on June 25, 2018 t
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`prepare forclosing.
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`20.
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`On the same date, email correspondence wassent to Veronica Martinez from Nicole Vo
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`Tobel informing Ms. Martinez that Plaintiff would be coming in to Las Vegas on June 25, 2018 to sigr
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`closing documents.
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`21,
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`On June 18, 2018 at 6:15 am., Plaintiff, YWES GHIAI-CHAMLOU,and Veronic
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`Martinez received an email from Nicole Von Tobel of Reliant Title, requesting confirmation of th
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`closing date of June 25, 2018 and requesting that Plaintiff have funds available for closing before th
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`subject date.
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`22.
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`On receipt of the email correspondence, Plaintiff, YVES GHIAI-CHAMLOU,sent
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`responsive email to Nicole Von Tobel in whichattached Plaintiff's copies of information and paperwor.
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`necessaryforclosing.
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`23.
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`On June 18, 2018 at 10:04 a.m., Plaintiff and Veronica received an email from a perso
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`identified as Nicole Von Tobel in which Ms. Von Tobel confirmedreceipt of the corporate document
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`which had been sent by Plaintiff and communicating that Ms. Von Tobel would work onthe file an
`have everything forwarded before end of business that day. In addition, Ms. Von Tobel communicate
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`that she would be sending the wiring instructions for funding to be done if possible the next day adding:
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`“so, they know no delaysas the Plaintiff had limited time when he came around”,
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`

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`24.
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`On June 18, 2018 at 6:38 p.m., Plaintiff, YVES GHIAI-CHAMLOJ,respondedto th
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`email from Nicole Von Tobel and informed Ms. Von Tobel that once Plaintiff reviewed the necessa
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`documents that Plaintiff wire transfer the funds necessary for closing from Plaintiff’s bank.
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`25.
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`On June 19, 2018 at 1:58 a.m., Plaintiff, YVES GHIAI-CHAMLOU,and Veronic
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`Martinez received an additional email from Nicole Von Tobel which included an Estimated Statemen
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`and the Wiringinstructions for the transmission of closing funds. Both of the documents which wer
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`provided by Ms. Von Tobelincluded Plaintiff's identifiers and contained information in which Ms. Vo
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`Tobel communicated that an investor’s discount had beenapplied to the escrowfee.
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`26.
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`On June 19, 2018 at approximately 7:22 a.m., an email was sent by Veronica Martinez t
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`Nicole Von Tobel
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`in which Ms. Martinez informed Ms. Von Tobel that Plaintiff had reviewed th
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`closing documents and that Ms. Martinez had requested that Plaintiff arraign for the transfer of closin
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`funds so that Ms. Von Tobel could have the necessary records before the end ofthe closing day.
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`27.
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`Martinezthat Plaintiff would contact Plaintiff's bank to secure the release of the closing funds.
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`
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`At approximately 7:42 a.m., Plaintiff sent an email to Veronica Martinez informing Ms.
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`Nicole Von Tobel informing Ms. Martinez and Ms. Von Tobelthat the wire containing the closing fund
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`28.
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`At approximately 10:22 a.m., Plaintiff snet an email to both Veronica Martinez an
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`
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`had beensent.
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`29.
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`At approximately 10:41 a.m., an email was sent from Ms. Von Tobelto both Plaintiff an
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`Ms. Martinez confirmingreceipt ofthe wire transfer funds.
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`30.
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`On June 21, 2018 at 5:11 p.m., Plaintiff, YVES GHIAI-CHAMLOJU,received an email
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`from Nicole Von Tobel communicating that everything was set for closing.
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`31.
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`On that same date, an email was by Plaintiff to Nicole Von Tobel
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`identifying tha
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`Plaintiff would be arriving to Las Vegas on Monday June 25, 2018 and would arrive at the office o
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`RELIANTTITILE between 2:00 and 3:00 p.m.for signing.
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`32.
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`On Monday June 25, 2018 Plaintiff arrived in Las Vegas and waspicked upatthe airpo
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`by Veronica Martinez.
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`

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`33.
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`At approximately 2:00 p.m., Plaintiff and Ms. Martinez arrived at RELIANT TITLEt
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`sign the final documents.
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`34.—Uponarrival, Plaintiff and Ms. Martinez were met by Nicole Von Tobel and Plaintiff w
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`provided various documents to sign. During the meeting, Plaintiff was asked to notify Ms. Von whe
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`Plaintiff was ready to wire the closing funds.
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`35.
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`In response to the inquiry from Ms. Von Tobel, Plaintiff informed Ms. Von Tobel tha
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`the closing funds had already been sent and Plaintiff provided Ms. Von Tobel with copies of confirmin
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`After reviewing the information provided, Nicole Von Tobel informedPlaintiff that Ms.
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`emails.
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`36.
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`Von Tobel believed that the wire transfer was fraudulent and notified Plaintiff that Ms. Tobel’s email
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`account had been hacked.
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`37.
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`During the course of the events described above, an individual by the name of Jim Pha
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`washired to the act in the capacity of the seller’s agent on behalf of the ownerofthe property whic
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`Plaintiff was attempting to acquire.
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`38.
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`At the time that Jim Phan was hired, Mr. Phan was an employee, servant and/or agent o
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`Defendant, BERKSHIRE HATHAWAY HOMESERVICES NEVADA.
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`39,
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`On or about June 18, 2019, an individual by the name of Colton Haupt, an assistant t
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`Jim Phan, sent email correspondence to Defendant, RELIANTTITLE. A carbon copy (CC) ofthe emai
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`was also sent by Mr. Haupt to an email accountidentified as Nicole.vantobel@gmail.com.
`40.
`The email account ofNicole.vantobel@gmail.com which was sent by Colton Haupt use
`a name which similar to the that of Nicole Von Tobel,
`the person with whom Plaintiff had bee
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`
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`communicating with on behalf of Defendant, RELIANT TITLE.
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`41.|Upon information and belief, the email address of Nicole.vantobel@gmail.com was use
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`by Colton Holton for purposes of introducing and/or including a rouge or dummy account into th
`channels of communication which were by the parties discussed above.
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`42.
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`Onor about June 19, 2018, Plaintiff and Veronica Martinez, Plaintiff's buyer’s agent,
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`received an email the email account of Nicole.vantobel@gmail.com.
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`

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`43.|The email which was received by Plaintiff and Ms. Martinez included the estimate
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`and wiring instruction and the additional emails were received by Plaintiff, Plaintiff believed tha
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`statement and the wiring instructions for the transmission of closing funds which are discussed above.
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`44.
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`Several additional emails were also sent to both Plaintiff and Veronica Martinez from th
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`email Nicole.vantobel@gmail.com.
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`45.
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`At the time that the email correspondence containing the estimated statement for closin
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`
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`Plaintiff was communicating with Defendant, RELIANT TITLE,employee, Nicole Von Tobel.
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`Til.
`FIRST CAUSE OF ACTION
`(Breach of Contract — Horizon Reality Group & Reliant Title USA)
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`46.
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`Plaintiff, Yves Ghia~-Chamlou,
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`incorporates paragraphs 1
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`Complaint above as thoughset forth fully herein.
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`through 45 of the instan
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`47.
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`Plaintiff entered into contractual agreements with Defendants for the purchase an
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`acquisiton of real property located in Clark County, Nevada.
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`48.
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`Pursauntto the terms of the agreements which were formed, Defendants agreed to assis
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`Plaintiff in acquiring the purchase of real property through the assitance of Defendants’ professiona
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`service, knowledge and expertice.
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`49.
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`Further pursaunt to the termsof the agreements which were formed, Defendants agreed t
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`safeguard and securethe use of Plantiff’s confidential informaiton.
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`50.
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`safely assist Plaintiff in acquiring real property and failed to safeguard and secure the use of Plaintiff’
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`Acting in conflict with the terms of the agreements which formed, Defendants failed t
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`confidential information.
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`51.
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`As a direct and proximate result of the actions of Defendants, Plaintiff has suffere
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`injuries in a monetary amountin excessoffifteen thousand dollars ($15,000.00).
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`52.
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`Asa direct and proximate result of the actions of Defendants, Plaintiff has been forced t
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`retain the services of an attorney and are entitled to the reasonable attorney's fees and legal costs whic
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`Plaintiffs have incurred asa result.
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`

`

`SECOND CAUSE OF ACTION
`(Breach of Implied Covenant of Good Faith and Fair Dealing — Horizon Reality Group & Reliant
`Title USA
`incorporates paragraphs 1
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`through 52 of the instan’
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`53.
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`Plaintiff, Yves Ghia-Chamlou,
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`Complaint above as though set forth fully herein.
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`54.
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`In every contract there exists an implied covenant of good faith and fair dealing whic
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`requires the parties thereto to act in a manner which is fair and faithful to the terms the agreement tha’
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`the parties formed.
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`55.
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`Pursuant to the terms of the agreement which was effectuated between Plaintiff an
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`Defendants, Defendants owed Plaintiff duty of good faith and fair dealing to provide Plaintiff with th
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`use of Defendants’ professional service, knowledge and expertice in acquiring the purchase ofrea
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`property.
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`56.
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`In addition, Defendants owed Plaintiff a duty of good faith and fair dealing to safeguar
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`|] and secure the use of Plaintiff's confidential informaiton.
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`57.
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`Defendants breached the covenant of good faith and fair dealing by failing to act in
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`manner which wasfair and faithful to the terms ofthe parties’ agreementby failingto assist Plaintiff i
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`the acquisition of real property and by failing to employ reasonable safety precautions to safeguard an
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`secure the use ofPlaintiff's confidential information.
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`58.
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`As a direct and proximate result of the actions of Defendants, Plaintiff has suffere
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`injuries in a monetary amount in excess offifteen thousand dollars ($15,000.00).
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`59.
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`Asa direct and proximate result of the actions of Defendants, Plaintiff has been forced t
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`retain the services of an attorney andare entitled to the reasonable attorney's fees and legal costs whic
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`Plaintiffs have incurred as a result.
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`THIRD CAUSE OF ACTION
`(Negligence— Reliant Title USA, Horizon Reality Group and
`Berkshire Hathaway Homeservices Nevada)
`
`60.
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`‘Plaintiff, YVES GHIAI-CHAMLOU,incorporates paragraphs | through 59 of the instan
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`Complaint above as thoughset forth fully herein.
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`

`

`61.
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`Defendants owed Plaintiff, YVES GHIAI-CHAMLOU,a duty of reasonable care t
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`assist Plaintiff in the purchase of real property to safeguard and to secure the use of Plaintiff’
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`confidential information.
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`62.
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`In addition, Defendants owed Plaintiff a duty of reasonable care to inform, warn an
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`protect Plaintiff from and known wire fraud activities schemes which were commonin the real estat
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`industry andto protect Plaintiff from events of the nature and type whichtranspired inthis case
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`63.
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`Defendants breached the duty of care which Defendants owedto Plaintiff by failing assis
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`Plaintiff's in acquiring real property and by failing safeguard and secure the use of Plaintiff
`confidential information.
`|
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`64.
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`In addition, Defendants breached the duty of care which Defendants owedto Plaintiff b
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`failing to notify Plaintiff of known wire fraud activities schemes which were commonin the real estat
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`industry and to protect Plaintiff from events of the nature and type which transpired in this case
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`As a direct and proximate result of the actions of Defendants, Plaintiff has suffere
`65.
`injuries in a monetary amountin excess offifteen thousand dollars ($15,000.00).
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`66.
`
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`retain the services of an attorney and are entitled to the reasonable attorney's fees and legal costs whick
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`Asa direct and proximate result of the actions of Defendants,Plaintiff has been forced t
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`Plaintiffs have incurred as a result.
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`FOURTH CAUSE OF ACTION
`(Breach of Fiduciary Duty- Reliant Title USA)
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`67.
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`Plaintiff, YVES GHIAI-CHAMLOJU,incorporates paragraphs | through 66 of the instan
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`Complaint above as thoughset forth fully herein.
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`68.
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`Defendant had a confidential relationship with Plaintiff pursuant to which Defendan
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`agreed to (a) secure and safeguard the use of Plaintiff's confidential information; (b) to receive an
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`disburse funds relating to the purchase of the real property at issue; and (c) to provide closing an
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`settlement services along with any actions necessary or incidental thereto.
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`69.
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`In addition, Defendant had a confidential
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`relationship with Plaintiff by virtue o
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`Defendant(a) having taken steps to induce the Plaintiff into believing that Plaintiff could safely rely o
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`the Defendant’s professionalskills, judgment or advice and/or by virtue of Defendant having gained th
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`confidenceofPlaintiff and purportingto act in Plaintiff's best interests.
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`70.|Defendant breachedits fiduciary duty to the Plaintiff by, including but not limited to, (a
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`failing to take reasonable precautions to safeguard information relating to the purchase of the rea
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`property at issue; (b) by failing to warn Plaintiff of the wire fraud scam known across the real estat
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`industry which Plaintiff fail victim to; and (c) by engaging in conduct or actions which unreasonabl
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`allowed a third party to send Plaintiff fraudulent wiring instructions which appeared to be authentic
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`legitimate, and appropriate to the transaction relating to the services which Defendant was obligated t
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`provide.
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`71.
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`As a direct and proximate result of the actions of Defendant, Plaintiff has suffere
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`injuries in a monetary amount in excessoffifteen thousand dollars ($15,000.00).
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`72.
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`Asa direct and proximate result of the actions of Defendant, Plaintiff has been forced t
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`retain the services of an attorney and are entitled to the reasonable attorney's fees and legal costs whic
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`Plaintiffs have incurred as a result.
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`FIFTH CAUSE OF ACTION
`(Breach of Fiduciary Duty- Horizon Reality Group and Berkshire Hathaway Homeservices
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`73.
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`Plaintiff, YVES GHIAL-CHAMLOU,incorporates paragraphs 1 through 72 of the instan
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`Complaint aboveas thoughsetforth fully herein.
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`74.
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`Defendants, owed a fiduciary duty to safely assist Plaintiff, YWES GHIAI-CHAMLOU.
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`in acquiring the purchase of real property and to safeguard and secure the use of Plaintiffs confidentia
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`information.
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`75.
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`In addition, Defendants owed Plaintiff a fiduciary duty of reasonable care to inform an
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`warn Plaintiff of wire fraud activities known in the real estate industry and to protect Plaintiff from th
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`events which transpired in this case.
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`76.
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`Defendants breached their duty of care to Plaintiff by failing to assist Plaintiff in th
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`acquisition of real property and byfailing to safeguard and secure Plaintiff's confidential information.
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`77.
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`As a direct and proximate result of the actions of Defendants, Plaintiff, has suffere
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`injuries in a monetary amountin excessoffifteen thousand dollars ($15,000.00).
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`78.
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`Asa direct and proximate result of the actions of Defendants, Plaintiff has been forcedt
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`retain the services of an attorney andareentitled to the reasonable attorney's fees and legal costs whic
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`Plaintiffs have incurred as a result.
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`SIXTH CAUSE OF ACTION
`(Vicarious Liability/ Respondeat Superior - Reliant Title USA, Horizon Reality Group and
`Berkshire Hathaway Homeservices Nevada)
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`79.
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`Plaintiff, YVES GHIAI-CHAMLOU,incorporates paragraphs 1
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`through 78 of th
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`instant Complaint above as thoughset forth fully herein.
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`80.
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`At the time of the events at issue, individuals acting on behalf of Defendants engagedi
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`acts or communications whichresulted in Plaintiff sustaining monetary harm.
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`81.|The actions which resulted in harm to Plaintiff occurred while the subject individual
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`were acting as employee(s), agent(s) or servant(s) of Defendants.
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`82.
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`The actions and communications which occurred were performed with the knowledge
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`authorization, permission, and/or consent of Defendants.
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`83.
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`As a direct and proximate result of the actions of Defendants, Plaintiff has suffere
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`injuries in a monetary amountin excessoffifteen thousanddollars ($15,000.00).
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`84.
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`As a direct and proximate result of the actions of Defendants, Plaintiff has been forced t
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`retain the services of an attorney and are entitled to the reasonable attorney's fees andlegal costs whic
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`Plaintiffs have incurred as a result.
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`SEVENTH CAUSE OF ACTION
`(Conversion- Reliant Title USA, Horizon Reality Group and
`Berkshire Hathaway Homeservices Nevada)
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`85.
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`Plaintiff, YVES GHIAI-CHAMLOU,incorporates paragraphs 1
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`through 84 of th
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`instant Complaint above as though set forth fully herein.
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`86.
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`Defendants enaged in conduct oractions whichresulted in the loss of money or propert
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`which lawfully belongedto Plaintiff.
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`87.
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`The money orproperty which was taken from Plaintiff was wrongfully converted for th
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`use and/or enjoyment of Defendants.
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`The actions engaged in by Defendants were performedin violation ofPlaintiff's right t
`88.
`use and enjoyment of the moneyor property which was converted.
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`89.
`As a direct and proximate result of the actions of Defendants, Plaintiff, has suffere
`injuries in a monetary amount in excessoffifteen thousand dollars ($15,000.00).
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`90.
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`Asa direct and proximate result of the actions of Defendants, Plaintiff has been forcedt
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`retain the services of an attorney and areentitled to the reasonable attomey's fees and legal costs whic
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`Plaintiffs have incurred as a result,
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`IV.
`PRAYER FOR RELIEF
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`WHEREFORE,Plaintiff, YVES GHIAI-CHAMLOU,prays for the judgmentofthis Court a
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`follows:
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`I.
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`2.
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`3.
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`4.
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`5.
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`6.
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`For general damages in amountin excessoffifteen thousand dollars ($15,000.00);
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`For special damages in amountin excessoffifteen thousand dollars ($15,000.00);
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`For incidental damagesincurred andto be incurred;
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`For punitive damages in an amountto be determined;
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`For reasonable attorney’s fees and legal costs; and
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`For such other and further relief as and this Court may deem just and proper.
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`Datedthis E day ofDecember, 2019
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`LAW OFFICE OF BRENT ELLISON
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` BRENT T. ELLISON,ESQ.
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`Nevagla Bar No.: 12200
`255
`East Bonneville Avenue
`Las’ Vegas, Nevada 89101
`Telephone: (702) 852-1800
`Facsimile: (702)553-3493
`Email: brent@mynevadalawoffice.com
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`

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`Electronically Filed
`3/20/2020 10:54 AM
`Steven D. Grierson
`CLERK OF THE COURT
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`MDSM
`Jay Kenyon, NV Bar No. 6376
`Yan Kenyon
`7881 W. Charleston Blvd. Suite 165
`Las Vegas, NV 89117
`Phone: 702.888.0000
`Fax: 702.888.0011
`jay@yan-kenyon.com
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`And
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`J. Daniel Weidner, admitted pro hac vice
`(Bar No. 23738 NE)
`Koley Jessen, P.C., L.L.O.
`1125 South 103rd Street, Suite 800
`Omaha, NE 68124
`(402) 390-9500
`(402) 390-9005 (facsimile)
`daniel.weidner@koleyjessen.com
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`Attorneys for Defendant
`RELIANT TITLE USA, LLC
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`DISTRICT COURT
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`CLARK COUNTY, NEVADA
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`YVES GHIAI-CHAMLOU,
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`Case No.: A-18-777196-C
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`Plaintiff,
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`vs.
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`RELIANT TITLE USA, LLC,
`HORIZON REALTY GROUP, LLO,
`BERKSHIRE HATHAWAY HOME
`SERVICES NEVADA, DOES 1 through
`XXX, inclusive, and ROE BUSINESS
`ENTITIES 1 though X, inclusive,
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`Defendants.
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`Dept. No.: 22
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`RELIANT TITLE USA, LLC’S
`MOTION TO DISMISS AND
`MEMORANDUM OF POINTS AND
`AUTHORITIES
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`(HEARING REQUESTED)
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`Case Number: A-18-777196-C
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`Defendant Reliant Title USA, LLC (“Reliant Title”) hereby respectfully moves this
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`Court to dismiss Plaintiff ’s Second Amended Complaint with prejudice pursuant to
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`Nevada Rule of Civil Procedure 12(b)(5) for failure to state a claim upon which relief can
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`be granted.
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`This Motion is made and based upon the following Memorandum of Points and
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`Authorities, the pleadings and papers on file herein, and any argument the Court may
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`entertain at the time of hearing.
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`Dated: March 20, 2020
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`YAN KENYON
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` /s/ Jay Kenyon
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`Jay Kenyon, NV Bar No. 6376
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`7881 W. Charleston Blvd, Suite 165
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`Las Vegas, Nevada 89117
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`Phone: 702.888.0000
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`Fax: 702.888.0011
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`Jay@yan-kenyon.com
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`And
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`J. Daniel Weidner (Bar No. 23738 NE)
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` Admitted pro hac vice
` KOLEY JESSEN, P.C., L.L.O.
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`1125 South 103rd Street, Suite 800
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`Omaha, NE 68124
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`(402) 390-9500
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`daniel.weidner@koleyjessen.com
` Attorneys for Defendant
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`RELIANT TILE USA, LLC
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`!2
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`

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`MPA
`Jay Kenyon, NV Bar No. 6376
`Yan Kenyon
`7881 W. Charleston Blvd. Suite 165
`Las Vegas, NV 89117
`Phone: 702.888.0000
`Fax: 702.888.0011
`jay@yan-kenyon.com
`
`And
`
`J. Daniel Weidner, admitted pro hac vice
`(Bar No. 23738 NE)
`Koley Jessen, P.C., L.L.O.
`1125 South 103rd Street, Suite 800
`Omaha, NE 68124
`(402) 390-9500
`(402) 390-9005 (facsimile)
`daniel.weidner@koleyjessen.com
`
`Attorneys for Defendant
`RELIANT TITLE USA, LLC
`
`DISTRICT COURT
`
`CLARK COUNTY, NEVADA
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`YVES GHIAI-CHAMLOU,
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`Plaintiff,
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`
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`vs.
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`RELIANT TITLE USA, LLC,
`HORIZON REALTY GROUP, LLO,
`BERKSHIRE HATHAWAY HOME
`SERVICES NEVADA, DOES 1 through
`XXX, inclusive