Tracy Kohlrautz v. Christopher Weber

MEMORANDUM

This is an appeal and cross appeal from a final judgment entered in favor of Oilmen Participation Corporation (“Oilmen”). The district court held that: (1) Tracy O’Reilly Kohlrautz’s (“Tracy”) and Christopher J. Weber’s (“Weber”) actions in filing a lis pendens, temporary restraining order (“TRO”) and complaint against Oilmen regarding its real property in Nevada constituted an abuse of process and slander of title; and (2) Weber was not entitled to immunity as his actions exceeded his authority as receiver. The district court, however, limited Oilmen’s attorney’s fees to those accrued up to the date of the court’s 2008 dismissal of Tracy’s complaint and denied Oilmen punitive damages and injunctive relief. The parties appeal these rulings. We affirm.

We review the district court’s findings of fact for clear error and its conclusions of law are reviewed de novo. Mathews v. Chevron Corp., 362 F.3d 1172, 1180 (9th Cir.2004). Attorney’s fees and punitive damages awards are reviewed for an abuse of discretion. Bower v. Harrah’s Laughlin, Inc., 125 Nev. 37 , 215 P.3d 709, 726 (2009); Bongiovi v. Sullivan, 122 Nev. 556 , 138 P.3d 433, 450-51 (2006). Abuse of process…