In Nevada, the elements for the claim of Breach of Guaranty are:
- Plaintiff and Defendants entered into a valid, enforceable contract (the “Agreement”);
- Defendants personally guaranteed [PAYMENT OR PERFORMANCE] by/of [PRIMARY OBLIGOR] under the Agreement;
- Plaintiff performed all obligations and conditions precedent, if any, required by the Agreement;
- [PRIMARY OBLIGOR] breached the Agreement by failing to [PERFORM OR MAKE PAYMENT];
- Plaintiff made a formal demand on Defendants to [PERFORM OR MAKE PAYMENT] under the guaranty Agreement;
- Defendants failed and refused and continue to fail and refuse to comply with the demand;
- Plaintiff has suffered damages;
- Plaintiff is entitled to interest at the contractual rate; and
- Plaintiff is entitled to an award of attorney fees and costs as damages.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.