Slander of Title, Daniel K. Lak

(Page 4 of 15)Case 2:09-cv-00686-RLH-LRL Document 1-2

Filed 04/16/2009 Page 5 of 45

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SECOND CAUSE OF ACTION

1-

18.

The Bank demanded performance from Goddard, but Goddard has failed and

2 refused, and continues to fail and refuse, to perform in accordance with the terms and conditions
3 of the Note.

4

19.

As a direct and direct and proximate r.esult of Goddard's wrongful conduct as

5 herein described, the Bank has suffered damages measured pursuant to Nevada deficiency Jaw in
6 excess of $1 0,000.00, plus interest, and any additional damages that may be proved at trial.

7

20.

The Bank has been required to retain the services of attorneys to prosecute this

8 action, and the Bank has been damaged thereby. In addition to the amount specified above, the

9 Bank is entitled to recover reasonable attorneys' fees and costs of suit.

10

~ ~ll (Slander of Title - Ail Defendants)

5 ~ ~ 12 21. The Bank repeats and realleges each and every allegation contained in the

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« ~ ii ~ 13 preceding paragraphs where appropriate as if the same were fully set forth at length and
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.0( ~ t: 14 incorporates them herein by reference.
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~ ~ l~ 15 22. Lak was' Goddard's agent in all things.

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;;3 :.:s g 16 23. The Bank owns the Property against which Lak recorded the Lis Pendens in Clark

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c5 ~ 17 County, Nevada.

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18

24.

The Lis Pendens is a false and malicious statement disparaging oftbe Bank's title

19 to the Property and recorded in public records in Clark County. Nevada.

20

25.

As a result of Lak's publication of a false and malicious statement disparaging of

21 the Bank's title to the Property, the Bank has suffered pecuniary loss.'

22

26.

The Bank is entitled to an award of punitive 'damages according to proof to punish

23 and deter the false, malicious, and oppressive conduct of the Defendant.

24

27.

The Bank has been required to retain the services of attorneys to prosecute this

25 action, and the Bank has been damaged thereby. The Bank is entitled to recover reasonable
26 attorneys' _ fees and costs of suit.

27
28

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