Discussing Toptal, LLC v. Denis Grosz: NRCP 56(a) and Its Application

DISCUSSION

“A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.” NRCP 56(a). “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Id. “A factual dispute is genuine when the evidence is such that a rational trier of fact could return a verdict for the nonmoving party.” Wood v. Safeway, Inc., 121 Nev. 724, 731 (2005). “[T]he pleadings and other proof must be construed in a light most favorable to the nonmoving party.” Id. The parties agree that California law governs the contracts at issue in this case. The Court finds that there are no genuine disputes as to any material fact and grants summary judgment, in part, for Toptal, on Count I of Mr. Grosz's counterclaim.