Edwards v. Emperor's Garden Rest
Cite as: Edwards v. Emperor's Garden Rest.
122 Nev. Adv. Op. No. 28
March 30, 2006
IN THE SUPREME COURT OF THE STATE OF NEVADA
No. 44135
PAUL D.S. EDWARDS,
Appellant,
vs.
EMPEROR'S GARDEN RESTAURANT; NEVADA DRAGON, INC.; TINA S. CHEN; AND ALAN CHEN,
Respondents.
No. 44483
PAUL D.S. EDWARDS,
Appellant,
vs.
CENICOLA-HELVIN ENTERPRISES, D/B/A BANNERVIEW.COM; MARK CENICOLA; AND JEFF R. HELVIN,
Respondents.
Proper person appeals from district court orders dismissing complaints alleging violations of federal Telephone Consumer Protection Act and state laws, and appeal from an order awarding attorney fees as sanctions. Eighth Judicial District Court, Clark County; Sally L. Loehrer (No. 44135) and Michelle Leavitt (No. 44483), Judges.
Affirmed in part, reversed in part and remanded (No. 44135); affirmed (No. 44483).
Paul D.S. Edwards, Las Vegas, in Proper Person.
Adams & Rocheleau, LLC, and James R. Adams, Henderson, for Respondents Emperor's Garden Restaurant; Nevada Dragon, Inc.; Tina S. Chen; and Alan Chen.
Flangas McMillan Law Group, Inc., and Gus W. Flangas, John R. McMillan and Kimberly P. Stein, Las Vegas, for Respondents Cenicola-Helvin Enterprises, d/b/a Bannerview.com; Mark Cenicola; and Jeff R. Helvin.
BEFORE MAUPIN, GIBBONS and HARDESTY, JJ.
OPINION
PER CURIAM:
These appeals present several issues concerning suits, filed in Nevada courts, that assert claims for relief under the federal Telephone Consumer Protection Act[1] (TCPA). In particular, we consider issues pertaining to the courts' jurisdiction over, the propriety of granting statutory injunctive relief in the context of, and whether the federal, four-year statute of limitations or Nevada's two-year statute of limitations applies to, private actions brought pursuant to the TCPA--private actions alleging that an unsolicited advertisement was transmitted to a personal facsimile machine. Because of the factual and legal similarities of the separate underlying events in these appeals, we resolve them together.
We first conclude that, in cases seeking both injunctive relief and monetary damages under the TCPA, the district court has jurisdiction over all portions of the complaint, even if the damages sought fail to meet the district court's monetary jurisdictional threshold. Since the court has original jurisdiction over injunction requests, a complaint properly alleging that the TCPA was violated and requesting injunctive relief necessarily invokes the court's jurisdiction over all interrelated portions of that complaint, including claims for monetary damages, regardless of the amount sought. Accordingly, the district court improperly dismissed the noninjunctive portions of the complaint in Docket No. 44135.
We agree with the district court, however, that an injunction is not mandated simply when a TCPA violation is demonstrated and that Nevada's two-year statute of limitations applies to private TCPA claims. We also agree with the district court's determinations regarding its resolution of certain state law claims and its award of attorney fees; therefore, an injunction was properly denied in Docket No. 44135, and the action was properly dismissed and the complainant sanctioned in Docket No. 44483.
BACKGROUND
Congress enacted the TCPA to discourage sending, and to help avoid the annoyance associated with receiving, unwelcome advertisements over telephone lines. Under its provisions, private persons may pursue both monetary and injunctive relief for TCPA violations, such as when unsolicited advertisements are transmitted to facsimile machines.[2]
Docket No. 44135
After respondents Emperor's Garden Restaurant; Nevada Dragon, Inc.; Tina S. Chen; and Alan Chen (collectively, Emperor's Garden) allegedly transmitted two unsolicited advertisements to appellant Paul D.S. Edwards' personal facsimile machine, Edwards instituted a district court action against them. In his 2004 complaint, Edwards asserted causes of action for monetary damages and injunctive relief under the TCPA, and for monetary damages under state deceptive trade practices, conversion, and privacy tort laws. Edwards' complaint included claims for $3,000 in damages for the alleged TCPA violations,[3] compensatory and punitive damages â€
