255 P.3d 1287
Nev.2011Background
- Gallegos was injured in a hit-and-run caused by Gonzalez, who rented a Budget car in budget's name.
- Gonzalez allegedly carried a supplemental renter's liability insurance policy issued by First American and managed by Knight.
- Gallegos obtained a default judgment against Gonzalez for over $400,000 but could not collect because Gonzalez did not appear at judgment debtor exams.
- Gallegos sought a judicial assignment of Gonzalez's unasserted claims against respondents, which was granted by an earlier district court.
- Gallegos filed a separate action against respondents asserting the assigned claims; respondents moved for summary judgment arguing the assignment was invalid.
- The district court granted summary judgment, vacating the assignment; Gallegos appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a judgment debtor's right of action is property subject to judicial assignment. | Gallegos argues the right is assignable under NRS 21.080 and 21.320. | Respondents contend the right cannot be validly assigned in this context and Gallegos lacks standing. | Rights of action of a judgment debtor are property subject to execution and may be judicially assigned. |
| Whether the district court properly applied the assignment and related statutes (NRS 21.080, 21.320) to validate the assignment. | Gallegos maintains the assignment is valid under the cited statutes. | Respondents argue the assignment was improper and should be vacated. | The district court erred in granting summary judgment; the assignment is permissible under NRS 21.080 and 21.320, and the matter must be remanded for further proceedings. |
Key Cases Cited
- Sportsco Enter. v. Morris, 112 Nev. 625 (Nev. 1996) (execution liberal construction favors judgment creditors)
- Denham v. Farmers Insurance Co., 262 Cal. Rptr. 146 (Cal. Ct. App. 1989) (Nevada allows execution upon a cause of action)
