Ferrell Street Trust v. U.S. Bank, N.A.

Summary

The Nevada Supreme Court affirmed dismissal of Ferrell Street Trust's quiet-title action against U.S. Bank, N.A. The court held that denying discovery concerning a possible earlier loan acceleration was within the district court's discretion because the request sought to undermine a prior judgment involving the same deed of trust and amounted to a fishing expedition.

Holdings

1. The district court acted within its discretion in denying Ferrell Street Trust's request for discovery and dismissing the complaint.
2. The court reiterated that SFR Investments Pool 1 did not hold that a communication between a lender and homeowner before recording a notice of default could accelerate the loan.

Questions Presented

1. Whether the district court abused its discretion by dismissing the quiet-title complaint without allowing discovery into a potentially earlier loan acceleration.
2. Whether discovery into a decade-old communication between nonparties was permissible when the requested discovery sought to undermine the effect of a prior judgment concerning the same deed of trust.

Disposition

affirmed