Uecker v. Ng. CA1/1
In 2016, plaintiff Susan L. Uecker filed a motion for summary judgment to collect on a note and guaranty executed by defendants Barney J. Ng and Wild Game Ng, LLC (Wild Game). The parties did not dispute that Ng and Wild Game executed the note and guaranty, or that the $1 million amount had not been repaid. Instead, Ng and Wild Game submitted evidence demonstrating the note and guaranty were part of a scheme to avoid licensing requirements by the Nevada Gaming Commission and, in fact, represented an equity investment in Wild Game rather than a loan.
The trial court excluded evidence offered by Ng and Wild Game related to the scheme to avoid Nevada licensing requirements, and granted summary judgment in favor of Uecker. Ng and Wild Game argue the trial court erred in excluding this evidence and rejecting their unclean hands and offset affirmative defenses. We agree that evidence related to the scheme to avoid Nevada licensing requirements was improperly excluded. While this evide
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