Schwartz v. Wasserburger, 117 Nev. 703

Summary

The Nevada Supreme Court addresses when the statute of limitations begins to run for a contract claim based on anticipatory repudiation. It holds that under NRS 11.190(1)(b), the claim accrues on the contractual performance date unless the plaintiff elects to sue earlier, in which case accrual occurs on the filing date. The court reverses the dismissal of Renee Schwartz's survival action and remands for reinstatement.

Holdings

1. Under NRS 11.190(1)(b), a cause of action involving a wholly anticipatory repudiation accrues on the date performance is due, unless the plaintiff elects to sue on the anticipatory breach earlier; in that event, accrual is accelerated to the date the plaintiff files suit.
2. NRS 11.310(1) does not require a personal representative to bring a surviving claim within one year after the decedent's death when the underlying limitation period remains unexpired; it provides an additional mechanism for preserving claims nearing expiration.

Questions Presented

1. When does a cause of action accrue for statute-of-limitations purposes when a written contract is wholly anticipatorily repudiated before the date set for performance?
2. Whether NRS 11.310(1) required the personal representative to bring the decedent's surviving contract action within one year after the decedent's death, notwithstanding the unexpired underlying limitation period.
3. Whether the district court's dismissal of the action as time barred should be reversed.

Disposition

reversed_and_remanded