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JUSTICE COURT RENO TOWNSHIP

WASHOE COUNTY, NEVADA
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MATT MERLISS, MD, ; MATTHEW J.

MERLISS LIVING TRUST
Plaintiff/Landlord,
vs.
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) CASE NO: rev2011-001708
ZACHARY BARKER COUGHLIN;
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) DEPT. NO: 2
Defendant/Tenant/Counterclaimant. )
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GREEN ACTION LAWN SERVICE AND )
ITS OWNER NERY R MACAL-CRUZ; )
DARLENE SHARPE, REALTOR,
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personally in and in her capacity as an
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employee of DICKSON REALTY;
DICKSON REALTY; NV ENERGY
PUBLIC UTILITY CORPORATION;
NEVADA COURT SERVICES; JOEL
DURDEN, individually and in his capacity
as a process server for NEVADA COURT
SERVICES.
Real Parties in
Interested/Interpled Third Parties
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TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION

PROCEEDING OR SET THE MATTER FOR TRIAL FOR 10/25/11/USE OF THE TERM
'TRIAL' WAS UNFORTUNATE, YOUR HONOR TRIAL
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Judge: And we have a Trial. Okay, the next is Matthew Merliss versus Casey -- oh, I'm sorry,
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versus Zachary Coughlin. Casey Baker represents the plaintiff in this matter and this was the
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time set for determination on the no cause eviction and -- are the parties ready to proceed?
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1/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
MATTER FOR TRIAL FOR 10/25/11/USE OF THE TERM 'TRIAL' WAS UNFORTUNATE, YOUR HONOR TRIAL
Plaintiff: Just one moment, Your Honor.
Defendant: [INDISCERNIBLE 0:57] first.
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Judge: Is that this? We'll hear it. Come up.
Plaintiff: I believe that would be it, Your Honor.
Judge: All right.
Plaintiff: Just to make sure [INDISCERNIBLE 1:21].
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Judge: Oh, you can all be seated. I'm trying to figure out where we are because when I -- I
was contacted by counsel for the plaintiff in respect to emergency request for conference call
with -- I did not have that. I was not here at the time when the request came in, but I did grant
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an order short in time with respect to a motion to inspect the property and I don't know if the
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property was inspected or not.
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Plaintiff: No, Your Honor. The property was not inspected.
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Judge: And do you desire to have the inspection before going forward with this proceeding
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today or no?
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Plaintiff: Well, my understanding in this proceeding, Your Honor, is that this Mr. Coughlin's
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chance to present -- to substantiate his legal defense that he's trying to present here. Mr.
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Coughlin, after the last hearing, deposited the rent with the court as the court ordered, so he
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got himself another bite at the apple. If Mr. Coughlin is going to proceed and present
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evidence of what he claims are habitability issues, then I may ask the court to adjourn so we
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can go inspect. But I've not seen anything of Mr. Coughlin since the last hearing, nothing has
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been produced, other than a couple of motions and a Notice of appeal which we do not
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believe is effective.
Judge: Well, it may be effective, but it doesnt stay these proceedings.
Plaintiff: No, and it's not an appeal [INDISCERNIBLE 3:45] that Mr. Coughlin appealed
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anyways and no, it does not stay these proceedings. You're absolutely correct, sir. I guess the
way I would suggest that we proceed is, if Mr. Coughlin wants to proceed, and he presents
anything and I think we need to go inspect, then I would ask the court to adjourn. I don't want
to waste the court's time any more on this--
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Judge: Right.
Plaintiff: Than absolutely necessary. And I've never seen this before. I don't know what this
is so I can't really address it, Your Honor.
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Judge: And so they do have a right to respond to this, so I'm not going to consider this today.
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They'll have 10 days to respond to this.
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Plaintiff: Your Honor, if I may as well, there was something shoved through my mail slot
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last night as well from Mr. Coughlin bearing a file stamp of yesterday, Emergency Demand
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for Jury Trial and Amended Tenant's affidavit Answer Counter-Claim. Again, I havent had a
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chance to look at this. I know it's not appropriate to have a jury Trial here and the court has
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already ruled that there's not been entertaining a third party claims, this is a summary
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eviction. But, again, I havent had a chance to even look at this because it's
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[INDISCERNIBLE 3:45] yesterday.
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Judge: All right. Well, you have 10 days to respond to that as well. So we'll put those aside
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for the moment and -- now. So, assuming you -- what the court had done at the last hearing I
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had given you credit against the rent which was owed $4,500 for the alleged habitability
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issues, which included a window at $150, stairs at $1,250, weeds at $350 x 2, garbage
disposal $125, mold $500, and that together was subtracted from the $4,500. The offsets
totaled $2,725. And that was without proof to substantiate those claims. So the purpose of
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today's hearing was to substantiate those claims and also if you have any defense to the no
cause, because the no cause, if you don't have a lease, unless you can show it's in retaliation it
would be granted. So, this is your opportunity, number one, to substantiate the amounts that I
gave you credit for and, further, for you to present any evidence that this no cause eviction is,
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in fact, in retaliation for your complaint about the habitability. All right? So, why dont I -Defendant: May I proceed, Your Honor?
Judge: You may, but if you're going to be a witness, you'll need to be sworn.
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Defendant: Well, if I can make an interjection, simply, Your Honor to address a few--
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Judge: All right. Oh, one thing I do want to ask, I have no evidence that you are an attorney.
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I did check with the county bar and there was no indication that you were, but -- in the state
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bar we were unable to confirm, so what's your bar number?

Defendant: 9473 nvbar.org. In the middle page
has an attorney search language [INDISCERNIBLE 8:12] yield-Judge: No, we werent able to access that and I don't know why. But -- so 9473 is your bar--
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Defendant: Yes.
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Judge: Number? All right. And as a representative of the court, I will assume that's true, so --
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and then you indicated that -- well, go ahead. You wanted to make a statement, so go ahead.
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Defendant: Yes. Yes, sir, Your Honor. Rather than having myself have another bite at the
apple and I'm responding in this situation that I've been required to, and in doing that, it's
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afforded me an opportunity to learn quite a bit about these proceedings. Maybe the best place
to start would be to bring up Las Vegas Justice Court Rule 44.
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Judge: Well, I don't think that'd be a good spot to start at all because it doesnt apply.
Defendant: If you'll just humor me for a second, Your Honor, I'll tell you why I think that's
important. Las Vegas Justice Court Rule 44 speaks to a situation--
Plaintiff: Your Honor, can I put my Objection on the record to any discussion of Las Vegas
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Justice Court Rules, please? Thank you.

Judge: Well, your Objection is noted, but I will allow him to state whatever it is you're going
to say.
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Defendant: Vegas [INDISCERNIBLE 9:29] enact 44 for a reason. Reno doesnt have 44. If
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it wanted to, it would have to enact it and you get the Supreme Court to sign off on it. 44 Las
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Vegas 2 in the context of a summary eviction proceeding require a deposit rent escrow. If the
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statute alone in NRS 118A and NRS 40.253 in combination with the Nevada Justice Court
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Rules of Civil Procedure, if just those three things alone allowed for making litigants of
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summary eviction proceeding deposit monies into the rent escrow, Las Vegas would have had
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no need to enact Rule 44. We dont have Rule 44 in Reno. Reno is very different from Las
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Vegas. As such, I believe that the rent escrow amount should be returned to me. It's my
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understanding that in a summary eviction proceeding, the standard for summary judgment is
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to be applied. I apologize, Your Honor, for -- when last you saw me on October 17th, I
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listened to the hearing and it seemed like I wasnt getting to what you wanted me to get to,
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which was the most important thing, to establish material issue of facts, to make a prima facie
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case that I have a legal defense to the -5/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
Judge: Well, I accept that you did and that's why we're having the Trial today.
Defendant: And that's -- I'm glad you bring that up. You said Trial, Your Honor. You didnt
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say summary eviction, you didnt say summary execution. You said Trial, plenary--
Judge: Trial on a retaliatory nature of the eviction. I assumed you made a prima facie case on
that as there's no Trial on the issue. It is summary as to whether or not you were given Notice
served, which the court finds you were, with a Notice to terminate your lease.
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Defendant: If I can just quickly interject for the record, Your Honor-Judge: Unless you had -- unless you have a lease to show that you're not there at will at this
point.
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Defendant: There -- for the record, there was no certificate in my name, US Postal Service
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certificate mailing on file with respect to a Notice. In the context of summary eviction
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proceedings, courts are directed to adhere very strictly to the notes requirements given the
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summary nature of it. That's one safeguard that is insisted upon. A right to a jury Trial is
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granted by the United States Supreme Court from -- in summary -- in eviction cases. Jury
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Trial is an absolute right for all citizens in the United States. I said it's a 1970s case. I think it
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might be called Pearson. I believe I cite to it in my case. I don't know that a certificate of
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mailing is required whereas Mr. Baker did. He had apparently a process server, post
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something on the door and contest to that. I think that might be a [INDISCERNIBLE 12:40]
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Supreme Court to clarify the statute at some point. I know I spent too much time on that,
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Your Honor, but when you say Trial, it's -- well, the most important thing, Your Honor, to get
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across from my point of view, is that 40.253(6) says that when the court, as you just indicated
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you did imply that there is a material issue of fact, it's a pause-6/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
Judge: No, I didnt imply that there was. I found that you made a prima facie case--
Defendant: That's what I'm -- that's what I meant to--
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Judge: With respect to habitability and so I set it for a Trial today on that issue. But the
separate issue is whether you have any defense, which you havent given me, to the no cause
eviction, which--
Defendant: And I do and I can speak to that briefly, Your Honor, just--
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Judge: They're two separate things. Well, you're not under oath, sir, so you're arguing now
and I didnt -- I let you have some latitude, but the question is do you have any facts to
present to the court today?
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Defendant: Yes, Your Honor, but just one last introductory matter--
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Judge: Okay.
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Defendant: Is that 40.253(6) says once the court has found there's a prima facie showing, the
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court must pause and convert this to a full-scale unlawful detainer action with a complaint
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and the 20-days Notice incident to Rule 109 of the summary eviction proceedings, so -- and
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we don't have that here.
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Plaintiff: Your Honor, may I?
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Defendant: And there's two cases, Anvui and Glacier--
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Judge: All right.
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Defendant: That speaks to that one, Investment court.
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Plaintiff: May I respond, Your Honor?

Judge: Yes.
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Plaintiff: Thank you. What the court specifically found at the last hearing was that Mr.
Coughlin had alleged a retaliatory habitability issue that he had alleged, but that he had not
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substantiated it. Your Honor used those exact words. So the point of today's hearing is, as I
understand it, a continuation of the--
Judge: To establish whether or not he has a prima facie case.
Plaintiff: Exactly, to substantiate it. The court's inquiry today is under 40.253(6) whether he
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has a legal defense, the sufficiency of his affidavit and his proof, not under Torrealba, the
summary judgment standard. Mr. Coughlin must transcend his allegations and show by
admissible evidence that there is a material issue of fact. That he has a defense. That he has
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facts to support that defense. He's not done that. He's resting on his allegations. Now, the
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court gave him credit for those allegations and basically said, okay, look. If you want to
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substantiate this, you got to put the rent in the escrow as required by the habitability statute.
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That's why we're here today. The court did not dismiss it. The court withheld ruling on
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whether or not a legal defense had been substantiated. Well, in fact, it ruled that it had not,
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but it gave Mr. Coughlin another attempt, and that's why we're at.
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Judge: Okay. So just so I'm clear now and I believe you have refreshed my memory, what
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the inquiry today is to whether or not there is a material issue of fact and if I find there is, Sir,
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then we will go forward from there.
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Defendant: Your Honor, I'll just enter an Objection for the record. Counsel Baker is telling
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you what your order was--
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Judge: No.
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Defendant: You tell us what your order is and you said it was a Trial that we were having-8/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
Judge: Well, I said that, but I stand corrected because I do remember and I do have the order,
so we will find the order.
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Plaintiff: Your Honor, the use of the word "Trial" was unfortunate, but it was very clear on
the record what the point of today's hearing was.
Defendant: The Trial was -- Trial was in the Notice as well. The Notice says Trial.
[INDISCERNIBLE 16:56] other bases for [INDISCERNIBLE 17:02] are further specified in
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this summary judgment motion before you because they were the previous files. Those are
the [INDISCERNIBLE 17:09] complaining about criminal law violations such as converging
[INDISCERNIBLE 17:13] lawn carpet. They include Reno Municipal Code--
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Judge: Sir, I mean at some point, you can't add stuff and keep adding in and adding in. I
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mean at some point, you have to put in writing what your specific -- and you have to give the
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landlord Notice of that ahead of time on the habitability.
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Defendant: And that's where the plenary Trial is nice in that regard, Your Honor. I did attach
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an affidavit to this summary judgment motion. It seems to me plaintiff's counsel--
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Judge: Sir, I am working at this--
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Defendant: -- [INDISCERNIBLE 17:50] summary nature when, in fact, that's what they
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wanted. It cuts both ways.
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Plaintiff: For the record, Your Honor, we are requesting a summary eviction order based on a
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no cause eviction.
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Defendant: And we're in a Trial, so
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Judge: No, we're not yet, sir. Do you have my order from the last court [INDISCERNIBLE
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18:14]? Clerk: There was one October 15th, so I'm sure it's [INDISCERNIBLE 18:22]
Plaintiff: I might be able to find it, Your Honor. But
Judge: Well, it's got to be in this file, so -- and what happened is there's been so many papers
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filed since then. Clerk: Yeah, [INDISCERNIBLE 18:35] like a fourth file [INDISCERNIBLE
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Judge: Yeah, well, this thing is a -- this is an order October 13th. Tenant's motion to continue
denied. If the defendant posts rent, a Trial will be set for October 25th at 10 a.m. So it is a
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Trial.
Plaintiff: Yeah.
Judge: However, just to clarify this, sir, you're telling me that you disagree that we can go
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forward with the Trial today. What you want to do is get a 20-day complaint and go to Trial
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in that manner.
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Defendant: Well, are we talking about [INDISCERNIBLE 19:52] 20 days or we have...
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Judge: No, I don't -- I'm not talking about anything. I'm just clarifying, are you arguing today
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that we should not be going forward with the Trial? Because that's what I want to address
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first.
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Defendant: I think that's -- that is set forth in my motion I filed today, Your Honor.
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Judge: Well, the motion you filed today is not timely, so the issue is your position right now
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is it your desire to receive 20-days' Notice and go that way?
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Defendant: You know, I think that would be most every tenant's position. They'd like a
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plenary Trial with like all this--
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Judge: Well, the problem with that position, sir, you are going to have to post the additional
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rent as of November 1st.

Defendant: Your Honor, 2 -- 40.253(6) if the court showing no further order once converting
this to a full-scale plenary Trial.
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Judge: I havent converted it to anything, sir.
Defendant: But it seems as though you're saying if that occurs, once it converts to a plenary
that you would have to post rent
Judge: No, I'm saying as a condition of doing that, I'm not going to let you live there without
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-- or use the office without paying rent.

Defendant: That's Las Vegas Rule 44, where you
Judge: I don't care about Las Vegas Rule 44.
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Defendant: We don't have a corollary to that Reno, Your Honor.
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Judge: And we do have a statute and we do have our own rule, sir. I don't know why you're
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citing Las Vegas Rules.
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Defendant: Because there's no rule. The Reno Justice Court Rules Rule 2 says they don't
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apply to landlord-tenant actions. So we're left with
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Judge: We do have Rules that allow us to accept deposit, sir.
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Defendant: From 118A. NRS 118A.
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Judge: Okay. So, I'm not going to argue with it. If you want, you will need to deposit the
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rent for the month of November--
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Defendant: Your Honor, I just--
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Judge: On time.
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Defendant: I just want to clarify how does that reconcile with 40.253(6)? If we could just
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read the exact language of that, I can read this to you, Your Honor. It says once the court
finds a material issue has been alleged, a prima facie showing, the court shall make no further
order and this shall be converted to a plenary Trial.
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Plaintiff: That's not [INDISCERNIBLE 22:27]
Defendant: Exactly. Clerk: [INDISCERNIBLE 22:29]
Defendant: And that -- and there's two cases that interpret that, too, Anvui, the Nevada cases,
Nevada Supreme Court, Anvui and the Glacier. That's 163 P.3d 413.
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Judge: Sir, I agree with you as to the issue of habitability, but not as to the no cause eviction.
Defendant: This is extremely complicated stuff, Your Honor. I would ask that you give
yourself a chance to read this so -- this summary judgment. Unless you do Counsel Baker to
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ask you if you just come in here and all these arcane peripheral points of the law is just -- is
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too much to ask of any judge, you know, in my opinion.
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Judge: Mr. Baker.
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Plaintiff: Yes. Now the exact language from NRS 40.253(6) says, "If the court determines
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that is -- that there is a legal defense as to the alleged unlawful detainer, the court shall refuse
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to grant either party any relief, and, except as otherwise provided in this subsection, shall
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require that any further proceedings be conducted pursuant to 40.290 to 40.2 -- 420,
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inclusive." Those statutes contemplated verified complaint and answer discovery Trial, et
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cetera, Your Honor. However, before that language in 40.253(6), it says, "The justice court or
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district court shall hold a hearing, after service of Notice of the hearing upon the parties, to
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determine the truthfulness and sufficiency of any affidavit or Notice provided for in that
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section." That's the court's only inquiry at the hearing on a summary eviction, the sufficiency
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of his legal defense. The court found specifically that he had alleged it and if Mr. Coughlin
wants to call that a prima facie case, whatever. The court found that he alleged it, but had not
substantiated it. The court actually took a break to take a look at the habitability statutes to
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come back and determine whether or not if he wants to substantiate that, his legal defense,
whether or not he needs to deposit the rent, and that's what the court concluded. We're still in
summary eviction land. Judge: All right. Then, sir, I agree that I have not made the requisite
finding that requires a Trial at this time. And I -- what he said is absolutely correct. That all
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happened.
Defendant: Will I be -- afforded an opportunity?
Judge: You're going to have the opportunity right now to convince me--
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Defendant: Thank you, Your Honor.
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Judge: -- that by testimony or otherwise, that in this case, you do have a meritorious defense,
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all right.
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Defendant: Thank you, Your Honor, and I apologize at our last hearing I wasnt more direct
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in in addressing that right at the outset. I was dealing with third-party counterclaims and all
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this compulsory claim preclusion issues. But that's going to happen to -- especially now I'm
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trying pro se trying to navigate the summary eviction process. But to speak that, Your Honor,
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I believe I can meet the Celotex Standard of summary Judgment. I know that's maybe federal
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standard and it would be more appropriate to cite a Nevada-based one, but they're roughly the
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same.
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Judge: Well, what I want is testimony or factual evidence to support your claim.
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Plaintiff: And we havent sworn, sir. Thank you.
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Judge: Well, I have said that already, but he's not testifying yet.
Plaintiff: Well, he's about to.
Judge: I don't know when you're ready to proceed with your case.
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Defendant: I am, Your Honor.
Judge: All right. Then I will need you sworn, would you raise your right hand?
Defendant: Okay.
Judge: Do you swear under penalty of perjury to tell the truth, the whole truth, and nothing
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but the truth?

Defendant: Yes, sir, Your Honor.
Judge: Okay. You may be seated and you can testify from there. We do have a microphone.
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And any documentary evidence you want to refer to, Exhibits, et cetera will need to be
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presented to the court and to defense -- I mean to the plaintiff's counsel as well.
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Defendant: Yes, sir, Your Honor. And just to interject what, for the record, I will Object to
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they said that this proceeding today had been Noticed in writing as a Trial to me and is now
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being reclassified as a continuance of summary--
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Judge: First of all, sir, you Objected to it being a Trial so and that he -- it was your
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opposition to it being a Trial you called to my attention the issue involved. You've indicated
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that this was not a proper time for a Trial and I agree with you. It's not the proper time for the
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Trial. The only purpose of this proceeding today is to determine whether or not you have
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established a prima facie case to force it into a Trial, all right.
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Defendant: So is that a sua sponte Rule 59 set aside that you've just done, Your Honor?
Judge: I havent set aside anything.
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Defendant: Well, you had earlier ruled that we were on a Trial and now it seems that you set
that aside sua sponte under 59(a) and are calling this a summary eviction proceeding
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continuation. And I think you have a right to do that. I'm just
Judge: Well, what I'm saying is it was mischaracterized as a Trial today, all right? It was
meant not to be a Trial. It was meant to be exactly what plaintiff's counsel indicated which
was, a continuance of the prior proceeding to make a determination as to whether or not you
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had factual evidence to support your allegations that the court had given you credit for. And
I'll repeat what those are. These are the allegations you made in the last proceeding, all right?
Number one, that there was a problem with the window, which you indicated was $150
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worth, the stairs, which were $1,250, weeds
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Defendant: I'm very familiar with that. I'm familiar with it, Your Honor. If I may just take
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the time, I have--
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Judge: Okay.
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Defendant: Things I've worked hard on to -- I'd like to get across within the time we have.
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Judge: Well, then, let's go ahead.
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Defendant: Okay. Yes, Your Honor. And just to quickly interject for the record, the order --
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the ex parte order that you indicated you signed it earlier, actually Justice Clifton's signature
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is on it, Your Honor. I was not appropriately served that's why I wonder how it got to Justice
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Clifton in time. But I know I'm spending more time on that. I just want to preserve for the
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record because there's numerous-Judge: I think I said I did not sign it, but--
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Defendant: There's numerous strange things that have gone on and there's numerous lack --
there's numerous instances where there's a lack of proof of service filed on different
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documents, whereas the document I received in the mail has a proof of services. Very
curious. But to get back to the issue at hand with respect to my alleging a legal defense, I can
do that. I'll just give a quick road map before I launch into testimony, Your Honor, and that
would be that, one, is habitability issues. That is a defense in terms of NRS 118A.510--
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Judge: I understand the law, sir.

Defendant: Okay. My defense is that it's based on-Judge: You're testifying as to facts--
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Defendant: I asserted a violation of a code or a criminal law or some -- and one of the codes
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would be habitability. If I in -- if I alleged that and the landlord subsequently retaliates me --
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retaliates against me by evicting me on the basis of that, that's protected by the law.
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Specifically, to wit, my
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Judge: Sir, I'm going to interject again. You are arguing the law.
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Defendant: I'm giving you a road map [INDISCERNIBLE 30:29]
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Judge: I understand the road map. What I -- it's very simple. What are the facts--
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Defendant: Okay.
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Judge: Number one, did you, in fact, notify the landlord that there was a habitability issue?
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Defendant: Yes, Your Honor.
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Judge: And, specifically, what was it, what date you notified him, where is the copy of the
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written documentation?
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Defendant: [INDISCERNIBLE 30:47] Your Honor.

Judge: And as a result of that, did the landlord, in fact, file for eviction?
Defendant: Yes, Your Honor.
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Judge: And the only thing that I have before this court were two evictions that I'm aware of.
One was for non-payment of rent and the second was a no cause eviction. So, I guess you
need to convince me that the landlord retaliated against you--
Defendant: I do and I need to get it into the record, Your Honor, and every time I try--
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Judge: Yes, and where is it? Where-Defendant: Every time I try, I'm prevented. If I can just quickly -- if I can have maybe 90
seconds to do that, Your Honor.
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Judge: That's fine.
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Defendant: Okay. I'm -- in the record I've submitted emails that Ill attest under oath here are
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from Mr. Merliss to me --
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Judge: They are not in the record, sir. All they are is appended to--
18
Defendant: They're attached--
19
Judge: Briefs.
20
Defendant: Exhibits.
21
22
Judge: Yeah. They're not -- and you'll need to get them into the record because they're not in
23
the record.
24
Defendant: Well, okay.
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26
Judge: They have not been admitted in evidence.
27
Defendant: I would like to admit those in evidence now, sir.
28
Judge: What documents?

Plaintiff: Objection.
Defendant: The ones evidence -- well, see, this is a summary hearing. This isnt District
3
4
Court with all the super-technical Rules. I'm a pro se litigant. I want to admit into evidence
the emails that I submitted as Exhibits--
Judge: Well, sir, you know something. I am not your attorney, I do not represent you. You
are an attorney. You will need to indicate to me which Exhibit. You have the file. Come up
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11
here and grab it.

Defendant: Yes, sir, Your Honor. And I have the docket as well. I'll cite to that. It would be
the tenant's answer, Your Honor. I believe it's Exhibit 2. It's a -- or Exhibit 1, I'm sorry. It's
12
13
about 30 day collection emails to and from -- between Mr. Merliss and I.
14
Judge: Well, the Supreme Court of the State of Nevada has ruled that it's not up to the judge
15
to peruse the record and find the documents that you're referring to. That's your
16
17
responsibility, sir.
18
19
Judge: I do have your answer. It starts off with the points and authority, so, yeah,
20
[INDISCERNIBLE 33:20]
21
22
Defendant: Yes, sir. That would be it. September 6th, tenant's answer.
23
Judge: Well, the one I have was filed October 6.
24
Defendant: I'm sorry, Your Honor, I -- that's what I meant. The previous case. The
25
26
[INDISCERNIBLE 33:36] September but, yes, I have a copy of it here.
27
Judge: And the one I have has no Exhibits attached to it.
28
Plaintiff: Mine, either, sir.

Judge: Huh?
Plaintiff: Mine, either.
3
4
Judge: So, October 6 has no Exhibits. Then we have a Motion for Continuance, Motion to
Strike, Motion for Sanctions. That one does have some Exhibits.
Defendant: Yes, sir. I'm sorry. That's the one and it contains a lot of emails. They are all in--
Judge: Actually--
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Defendant: Chronological order wherein Mr. Merliss-Judge: What I have, sir, attached, and it's not marked, but as index to Exhibits. Exhibit 1,
four pages, Merliss entered into lease agreement with copy and attached here. And I have 2 of
12
13
3, 3 of 5, I don't have the entire lease, number one. Then I have Exhibit 2, which is a bunch of
14
pictures--
15
Defendant: It might be that the Exhibit I'm referring to is in the 1492 case, Your Honor, in a
16
17
more complete form. That motion -- that tenant's answer that you're looking at right now and
18
referring to does have a [INDISCERNIBLE 35:20] Exhibit 3 as the Darlene Sharpe
19
[INDISCERNIBLE 35:21] but there was a Exhibit in the original case, 1492, it's 30 pages
20
long.
21
22
Judge: Well, we're not hearing additional case, sir.
23
Plaintiff: Your Honor, I'll Object to any Exhibits coming in from some other case that--
24
Defendant: Well, at our hearing you used the other cases as a means of indicating that I have
25
26
had Notice of this instant case. So if it goes that way, what -- you know I--
27
Judge: I don't -- you were in the case. You were here in court. But I don't have the Exhibits
28
you're talking about so you need to produce them, if you have other copies of them?
Defendant: Yes, sir, Your Honor. I have them on my computer right now. Well, to the extent
we can't use the court's 1492 [INDISCERNIBLE 36:21] to refer to that which--
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4
Judge: You know what I'm going to do, sir? I am going to continue this and you will have to
have the Exhibits ready to go.
Defendant: I do have--
Judge: What's the first available date we have?
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Clerk: [INDISCERNIBLE 36:40]

Plaintiff: [INDISCERNIBLE 36:48]
Judge: Yes, sir?
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13
Plaintiff: Your Honor, I would Object to any continuance. Mr. Coughlin has had ample
14
Notice to get his case together. He knew what this hearing was. He is the one that's filing all
15
these motions to his Exhibits. He has the burden. Mr. Coughlin is costing my client a massive
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17
18
19
20
amount
of fees -Judge: Well, I'll allow your client to testify today before he leaves so he doesnt have to
come back.
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22
Plaintiff: Well, Your Honor, Mr. Coughlin has not presented a case yet.
23
Defendant: And it doesnt depend on -- I can testify as to what the email is saying and--
24
Judge: Then testify -- you said you have Exhibits.
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26
Plaintiff: If Mr. Coughlin wants to proceed, we--
27
Judge: I thought you might--
28
Plaintiff: You might proceed-20/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
Defendant: I agree with the continuance and I--
Judge: Well, I know you agree with it, but--
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4
Defendant: I don't wish to see the order being changed as the last order was. I agree with the
continuance and not just--
Plaintiff: He appealed the order, Your Honor. How can he now say that he wants the order to
stay in place?
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11
Judge: Okay. I am going to -- on this issue, I am going to move forward because the plaintiff
has Objected and he has as much right to have a hearing on this as you do, sir. So let's go
forward.
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13
Defendant: So you sustain his Objection, Your Honor, and changed your order?
14
Judge: I didnt change my order. I am not going to continue the matter.
15
Plaintiff: Yes, sir.
16
17
Judge: So go ahead.
18
Defendant: Your Honor, I do have some emails here. In the interest of time and judicial
19
economy, I would just like to testify as to what they say. At this point, I can produce them
20
again.
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22
Plaintiff: Objection, hearsay.
23
Judge: Well, I don't even know what the purpose of the emails is, sir. The emails from who?
24
Defendant: There are statements against interest so there's a--
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26
Judge: From who, though?
27
Defendant: From the landlord to the tenant that's about habitability issue.
28
Judge: Who -- identify who the emails are from.

Defendant: They're from Matt Merliss, Matthew J. Merliss, MD, [INDISCERNIBLE]
magunda@aol.com.
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4
Judge: Right.
Defendant: This is an email we've written back and forth over a hundred times I estimate.
Plaintiff: I will also Object on best evidence grounds, Your Honor.
Judge: Well, the best evidence of an email is the email or printout of the email.
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Defendant: I have some of the emails here. I'll-Judge: Some -- you give me whatever you have, sir. I'm giving you a great deal of latitude.
Defendant: All right. In the filing of October 11th Motion to Strike, Motion for
12
13
[INDISCERNIBLE 39:27] index to Exhibit indicate -- Exhibits indicates on Exhibit 3, six
14
pages, emails from Darlene Shape and Matt Merliss.
15
Judge: You know what, I'm going to take a five-minute recess. You get the documents
16
17
marked up here, whatever you have. At that point, we'll go forward with.
18
Defendant: Yes, sir.
19
Judge: All of your Exhibits. You should have them ready by now. So, you mark them
20
whatever you're relying on, whatever the proof of these offsets are, which you said you're
21
22
well aware of, but I've listed and I'm going to list them one more time so you're clear on it.
23
The credits are for the window $150 so if you have an invoice for that, the stairs $1,250, the
24
weeds $350 x 2, which is actually, oh, plus $250, I'm sorry, $600.
25
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27
Defendant: I can claim-Judge: $125 for the garbage disposal and $500 for the mold.
28
Defendant: Yes, sir. I can claim to Mr. Merliss in writing Fair Housing violations, Reno
Municipal Code violations, and Criminal Law violations, all of which are protected under
3
4
7510.
Judge: It may be protected, but there has to be a foundation for them, sir.
Defendant: Well, I'm an attorney testifying as to that so that's--
Judge: No, I -- no, no. We're talking about something -- two different things. I'm talking
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11
about there has to be a foundation in fact for them. I understand what you're saying.
Defendant: [INDISCERNIBLE 40:59] 52 is the foundation of that. I'm -- you do not believe
it, but it is evidence--
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13
Judge: Okay. Thats what I'm saying. I have to believe it by a preponderance of the evidence.
14
So we will come back in five minutes and we will proceed until we get done. We'll go all day
15
if we have to, but you will get done, sir. Bailiff: All rise.
16
17
Judge: Please be seated. Mark whatever Exhibits you have. [INDISCERNIBLE] Whats his
18
last name again?
19
Judge: Coughlin. Coughlin? Coughlin. Coughlin.
20
Judge: And I do have a Mr. Brandon Barkhuff here from Nevada Energy in response to a
21
22
subpoena duces tecum and its my understanding all he has to do is deliver the documents.
23
But is there something more involved here?
24
Plaintiff: Well, Your Honor. There was a power issue that happened long after the eviction
25
26
27
Notices were served and our first hearing on this matter itself. I dont know if Mr. Coughlin is
going to try to raise some sort of retaliation based issue for the power. He sprinkled some of
28
that into his motions. I wanted NV Energy here to testify regarding why power was turned
off. How long it was turned off? What happened? Who paid the bill, which was my client?
3
4
5
6
7
Judge: I have to fine Mr. Coughlin and

Plaintiff: I dont know what hes going to do.
Judge: But, we will I will take him out of turn. He has to leave so.
Plaintiff: And that would be - actually it would be any suitable testifier [INDISCERNIBLE
8
9
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11
1:10] manager, billing, credit operations. So

Judge: But you dont so do you need him here?
Plaintiff: No--no sir I think he needs to be here for his own sake. Hes in-house counsel, sir,
12
13
for NV Energy. Yeah, counsel for the company.
14
Judge: Oh, oh. Who is it that has to leave?
15
Plaintiff: I do.
16
17
Judge:
Oh.
18
Plaintiff: I flew up this morning from [INDISCERNIBLE 1:30], Your Honor, in response to
19
subpoena.
20
Judge: Well, what I'm going to do is allow you to go out of turn so we can get this clarified.
21
22
Plaintiff: Sure. I dont even know.
23
Judge: Mr. Coughlin when you are not here we have a witness from Nevada Energy with
24
respect to the power which is something you alleged. I'm going to allow them to testify
25
26
because they have to leave to catch a flight at 1 oclock and so they will testify then well
27
continue this after that to this afternoon. Youll have time to get your documents and bring
28
them back.
Plaintiff: I have them. Your Honor, if I can just for the record I'm Objecting to the
testifying I wasnt appropriately Noticed. We dont want that. I'm good.
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4
Defendant: May I, Your Honor. May I in response to your original I have the Exhibits I need
to produce, Your Honor.
Judge: Alright. Well, you didnt get a mark in the five minutes I asked you to.
Plaintiff: They are marked.
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11
Judge: With the clerk? She said you havent

Plaintiff: Well, Judge, you told me I couldnt approach without you here.
Judge: Who said that?
12
13
Plaintiff: The Deputy who was here. I asked if I could set them up [INDISCERNIBLE
14
2:33].
15
Judge: Well, then apologize. Sit down, sir because I am allowing Nevada Energy to testify.
16
17
Plaintiff: Yeah, Your Honor.
18
Judge: And just call the witness.
19
Plaintiff: Your Honor, I may be able to shortcut this even further. If Mr. Coughlin is going
20
to raise an issue about the power then I'm happy to put them on. If he is not, personally, I
21
22
dont think its relevant because it happened long after the eviction Notices were served.
23
There was an interruption of power service. But if Mr. Coughlin is going to raise an issue
24
then we need to get them on and testify.
25
26
Judge: Sir, are you going to raise an issue about the power?
27
Defendant: There has been a lot of things that shocked the conscience, Your Honor, that
28
have happened.
Judge: Well, are you going to raise an issue about power?
Defendant: Yes, sir your Honor, the interruption of essential services during the five-day
3
4
period in which I have to respond in a summary proceeding. Yes, I am going
Judge: Okay. And that was okay. So we know that
Defendant: To the extent I can, Your Honor.
Judge: Do we assert, do we know that date that youre raising the issues for?
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Defendant: The date I'm raising it, Your Honor?

Judge: You said it was the five-day period in which you had to respond.
Defendant: I believe it was the same day Mr. Baker showed up for an inspection with a
12
13
videographer. I believe that was October 4th , was it Lee? In my response [INDISCERNIBLE
14
3:53].
15
Judge: Well, you have a you know when the five-day Notice was so lets hear the
16
17
testimony so we can get this out of the way.
18
Plaintiff: I apologize. I [INDISCERNIBLE 4:02] purpose of representing NV Energy on
19
subpoena. Its Brandon Barkhuff. I'm assistant general counsel for NV Energy. Nevada state
20
bar number 8958.
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22
Judge: And you are you Objecting to the testimony of the witness?
23
Plaintiff: No.
24
Judge: Oh, okay.
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26
Plaintiff: I just I have made my formal
27
Judge: Oh, no, no. Thats fine. I appreciate you being here. Were trying to get you out of
28
here.
Plaintiff: Thank you. I appreciate that, Your Honor.
Judge: So if you can send up your employee
3
4
Plaintiff: That probably be [INDISCERNIBLE Denise Tsuda 4:31], your honor.
Judge: Alright.
Plaintiff: Plaintiff calls for Miss Tsuda from NV Energy, Your Honor.
Judge: Youll come up here, maam. Well try and do this as quickly as possible. Up to --
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the stand is right over here. And

Defendant: Your Honor, just to clarify the Objection. [INDISCERNIBLE 4:43] I believe
you, you indicated that I would have no opportunity to raise -- to bring in third parties or
12
13
make counter claims in this summary.
14
Judge: This is not a third party counterclaim. This is a witness presumably with respect to
15
allegation youve made that the landlord cut-off the power.
16
17
Defendant: What is that have to do with the purpose in this hearing?
18
Judge: Purpose of this hearing was to establish whether or not you have presented evidence
19
convincing me that you have a prima facie case for retaliatory eviction.
20
Defendant: So essentially Mr. Baker wasted theres more people stand by having them come
21
22
to the hearing to testify that conduct which occurred after the Notice of eviction was served.
23
How will that be retaliatory?
24
Judge: Sorry, you already said that it shocked the conscience. I, sir, sit down,
25
26
because I will have you escorted out of the courtroom.
27
Defendant: Yes, Sir.
28
Judge: Go ahead, sir.

Plaintiff: Your Honor, if Mr. Coughlin doesnt believe it relevant I am happy to dismiss the
witness. He raised the issue.
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4
Judge: No, I want you to proceed at this point.
Plaintiff: Thank you, sir. Miss Tsuda would you please state your name and spell your last
name for the record?
Miss Tsuda: Denise Tsuda. T-S-U-D-A.
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Plaintiff: And what do you do Miss Tsuda?

Judge: Youve already Objected sir. Your Objection is overruled.
Defendant: I have to state the basis to preserve [INDISCERNIBLE 6:19].
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13
Judge: Okay youre Objecting on relevance ground and your Objection of relevance grounds
14
is overruled.
15
Defendant: Yes, Your honor.
16
17
Plaintiff: What do you do Miss Tsuda?
18
Miss Tsuda: I'm the manager billing, credit operations at NV Energy.
19
Plaintiff: Okay. And you are here to pursuant to subpoena today, is that correct?
20
Miss Tsuda: Yes.
21
22
Plaintiff: Okay. Did you bring documents with you?
23
Miss Tsuda: Yes.
24
Plaintiff: Okay. I'm going to ask you just a few questions about those documents? The
25
26
property were discussing here is 121 River Rock Street, Reno, Nevada . You have your file
27
on that property?
28
Miss Tsuda: Yes.

Plaintiff: Okay and specifically we want to talk about the time period from February 2010 to
present, are you prepared to do that?
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4
Miss Tsuda: Yes.
Plaintiff: Okay, Who is Your Honor may I sit while I question?
Judge: Yes, you may.
Plaintiff: Thank you, sir. Miss Tsuda who is the customer of record for 121 River Rock
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11
Street, Reno, Nevada at this time?

Miss Tsuda: Matt Merliss.
Plaintiff: Has the has the identity of the customer of record changed at any time from
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13
February 2010 to present?
14
Miss Tsuda: Yes.
15
Defendant: Objection, Your Honor, irrelevant.
16
17
Judge: Overruled.
18
Plaintiff: When did that change takes place?
19
Miss Tsuda: On April 6th 2010 to June 27th 2011 the service---
20
Judge: Can you repeat those dates April
21
22
Miss Tsuda: April 6th 2010 to June 27th 2011 service was in the name of Melissa Ulloa. U-
23
L-L-O-A.
24
Plaintiff: So if I understand correctly that changed as of June 27 2011?
25
26
Miss Tsuda: Yes. On June 27th it went into the name of Matt Merliss.
27
Plaintiff: Can you tell us why?
28
Defendant: Objection, Your Honor, foundation [INDISCERNIBLE 810].

Miss Tsuda: Melissa Ulloa.
Judge: Objection overruled.
3
4
Plaintiff: Youyou answer.
Miss Tsuda: Melissa Ulloa called and requested a move out of service and that was placed
Defendant: Objection, Your Honor, hearsay.
Judge: Objection overruled. Business record exception. Go ahead.
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Miss Tsuda: The service was put back into the name of Mr. Merliss. He has what we called
as Standing Order so when a tenant moves in it goes out of his name when a tenant moves out
it goes back into Mr. Melissas name automatically.
12
13
Plaintiff: Okay. When Miss Ulloa called, did she identify any co-tenant that would be
14
remaining in the property?
15
Miss Tsuda: No.
16
17
Plaintiff: She just said shes moving out.
18
Miss Tsuda: She just requested a move out order.
19
Plaintiff: Okay, so pursuant to the standing order it reverted back to in
20
Defendant: Objection, Your Honor, relevancy in foundation. Theres no indication as
21
22
witness talked to Miss Ulloa. If she is referring to some records Id like a copy of them.
23
Judge: You have an opportunity, do have records?
24
Miss Tsuda: I do.
25
26
27
Judge: Are you referring to the records?

Miss Tsuda: Yes.
28
Judge: And why dont you lay a foundation with respect to the records and will put them in
evidence?
3
4
Plaintiff: Miss Tsuda the testimony that you just gave regarding Melissa Ulloas telephone
call. Do you have records in your file that you brought here today that indicate when that call
took place and what the content was?
Miss Tsuda: Yes.
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9
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11
Plaintiff: Okay. Can you please-Miss Tsuda: I have this the order that was placed.
Plaintiff: Yes.
12
13
Defendant: Are those marked, Your Honor?
14
Judge: We are going to have a mark butbut I guess [INDISCERNIBLE 9:50] foundation
15
for all these records so we can get them all in and done with. if theyre going to be admitted.
16
17
Plaintiff: Letslets do it that way. Miss Tsuda you have in your hand if I understand
18
correctly your entire file on this matter, is that correct?
19
Miss Tsuda: Yes.
20
Plaintiff: Okay. Are those records normally kept in the ordinary course of NV Energys
21
22
business?
23
Miss Tsuda: They are part of our customer information system.
24
Plaintiff: Okay and those were the records youll be relying on to testify today?
25
26
Miss Tsuda: Right.
27
Plaintiff: Your Honor, Ive moved to admit the file produced by Miss Tsuda from NV
28
Energy.
Judge: [INDISCERNIBLE 1020]
Defendant: Objection, Your Honor. I wasnt provided any evidence [INDISCERNIBLE
3
4
10:24].
Judge: Come up and look at them.
Defendant: Come up and look at them?
Judge: Yes.
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9
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11
Defendant: Am I going to be given a copy? Are they marked as my Exhibits must be

[INDISCERNIBLE 10:32].
Judge: Were going to mark them --
12
13
Miss Tsuda: I have two copies.
14
Defendant: Thank you.
15
Judge: Can you give him a copy?
16
17
Defendant: Do you have for the court? Doesnt the court need a copy as well.
18
Judge: The originals is going to be filedone copy is going to be filed as the original with
19
the court, the other copy is going to be given to you. Alright, so counsel can you come up and
20
give him his copy?
21
22
Miss Tsuda: I still got two copies.
23
Defendant: Is that the original?
24
Miss Tsuda: Yes.
25
26
Defendant: Yes I think.
27
Judge: You each have a copy the other and the original have marked as Exhibit and I dont
28
know if you havedo you have any Exhibits here?

Miss Tsuda: No, sir.
Judge: Okay, this will be plaintiff Exhibits A. If you give it me Ill have it marked. This
3
4
whole stake?
Miss Tsuda: Yes.
Judge: I'm going to have to clip them together. I do. Heres one.
Miss Tsuda: [INDISCERNIBLE 11:45].
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9
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Judge: Oh Ill take yours and I can use it for mine. Thanks alright.
Plaintiff: Thank you. Miss Tsuda do you have in your hand the documents you produce that
had now been marked as plaintiffs Exhibit A. Id like to take a moment and walk through
12
13
those if we could, please.
14
Miss Tsuda: The top sheet shows the three accounts that Melissa Ulloa has had with us.
15
Plaintiff: Okay.
16
17
Miss Tsuda: 931 Forest is an inactive account. 121 River Rock is an inactive account and
18
theres an active account at 782 Grand Canyon Boulevard.
19
Plaintiff: Okay. Can you please point us to the document in plaintiffs Exhibit A that shows
20
when Miss Ulloa called in and changed service?
21
22
Miss Tsuda: The fourth sheet back about an inch down where its say SO type its say
23
MVOT thats a move out order that was placed. The day that was created was June 22nd for
24
any day or when the service would be disconnected or turned off of June 27th.
25
26
27
Defendant: Objection, Your Honor. I think theres probably some privacy basis on which I
can ascertain to have, you know, account records whether or not I was a tenant in place
28
certainly NV Energy is fond of asserting even if someones not on the bill, oh you live there.
You cant do this or that. Well, can that person assert a privacy basis for not having
3
4
Judge: I dont know who the person is. Is she here?
Defendant: Thats my former co-tenant. So, she is not here.
Judge: I understand, but is she here to assert an Objection?
Defendant: No. But, I'm here and if I was her co-tenant
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Judge: Are you representing her?

Defendant: No, sir. But my point is this that NV Energy seems to Ive heard they have a
policy where they say, well you are living there. So you cant have power in your name
12
13
because you are benefiting. Well, if they assert is that way, why couldnt that same person
14
assert a privacy Objection to NV.
15
Judge: Well, first of all, I dont even know who this person is. So you said she was your co-
16
17
tenant. I'm not quite sure I know how this is linked to the interruption of service but is there
18
any dates that there werent service provided to that residence or was there an interruption of
19
service at some point?
20
Miss Tsuda: There was an interruption of service for a disconnection of non-payment on
21
22
October 4th.
23
Judge: October 4th.
24
Miss Tsuda: When it was in the name of Mr. Merliss.
25
26
Judge: And that was -- for what period of time was it interrupted?
27
Miss Tsuda: Less than 24 hours. It was turned back on on October 5th .
28
Defendant: Can we get an exact time on that?

Miss Tsuda: I do not have an exact time on when it was turned back.
Defendant: Well, then how can you say its less than 24 hours?
3
4
Plaintiff: Your Honor, is he cross-examining or what?
Judge: Alright. I'm just trying to ask but I just prior to October 4th, it was in Mr. Merliss
name or Dr. Merliss name from June 27th till October 4th.
Miss Tsuda: Yes, and then its currently in his name.
8
9
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11
Judge: Alright. So, alright.

Plaintiff: Miss Tsuda, just a couple of more questions. When the service was
disconnected
on October 4th, who paid the bill to turn it back on?
12
13
Miss Tsuda: Mr. Merliss.
14
Plaintiff: Do you know the amount of that bill?
15
Miss Tsuda: The amount that he paid was $379.99.
16
17
Plaintiff: Okay. Do you know
18
Defendant: Objection, Your Honor. Foundation [INDISCERNIBLE 15:53].
19
Judge: Well, overruled.
20
Plaintiff: Are you referring to the document?
21
22
Judge: Court finds that these are business records and further the best evidences the copies of
23
the records which have been presented to the court and are admitted.
24
Plaintiff: Thank you. How long since, excuse me prior to October 4th, how long since the
25
26
27
payment had been made on the account? Can you tell us that and identify document if you
can?
28
Defendant: Objection, Your Honor. The relevance of this point we spent 10 minutes on
this. I dont know how this has anything to do with the reason why were here today.
3
4
Judge: Well, sir, if you had not made the argument that your service was interrupted in
retaliation it wouldnt be relevant. But you did make that argument. If you want to withdraw
that argument I will allow her to leave and were done with this.
Defendant: That would be post-eviction Notice retaliation, is that relevant?
8
9
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11
Judge: You were the one who said it was, sir.

Defendant: I was already served an eviction Notice by the time this occurred.
Judge: Yeah, and you said in retaliation they shut off the utilities.
12
13
Defendant: I said I'm entitled to $1,000 statutory damages because that happened and maybe
14
damages from NV Energy because they didnt Notice the residence. And if somebody was on
15
life support in there, and further Id like to know why you say its less than 24 hours. And
16
17
then you say you cant tell us when it happened. How do you know?
18
Miss Tsuda: Because theres a date on the reconnect order [INDISCERNIBLE 17:24].
19
Plaintiff: [INDISCERNIBLE 17:25] I want to make sure [INDISCERNIBLE 17:27]. Okay,
20
if its his turn to cross-examine I'm happy to have her answer questions. If its not his turn Id
21
22
ask him to follow protocol of direct examination followed by cross-examination.
23
Judge: I think, is there anything he says this is not an issue. So I'm going to excuse her and
24
going to fine that the post-eviction retaliation is irrelevant to these proceedings.
25
26
27
Plaintiff: Thank you, sir.

Judge: And youre free to go.
28
Defendant: Just to preserve, Your Honor. I'm not withdrawing any counterclaim I have
towards NV Energy.
3
4
Judge: Thats a separate case. You are and you have now. So far as this court is concerned
indicated that it is irrelevant to these proceedings the no cause eviction as to whether or not
there was a retaliatory post filing landlord retaliation subsequent to the filing of the eviction.
You said that clearly, alright.
8
9
10
11
Defendant: I'm not conceding that, Your Honor. I'm just saying the way youre
characterizing this hearing I'm Objecting on the basis that if I'm not allowed to serve
counterclaims, permissive, compulsory or otherwise, and if this is not a Trial, if this is a
12
13
summary proceeding
14
Judge: I didnt say youre not allowed to assert counterclaims. What I said is, sir, in this
15
proceeding and just so were clear on this, were talking about a no cause eviction. And I said
16
17
the only relevance is whether or not the no cause eviction itself was retaliation. Youre saying
18
that this shut off occurred subsequent to the no cause eviction and therefore was irrelevant.
19
You Objected to it. I agree with you. She is free to go.
20
Plaintiff: Thank you, Your Honor. Third party: Your Honor, thank you for the court
21
22
[INDISCERNIBLE 19:23].
23
Judge: Youre welcome. So we will continue till 1:30 and the problem is I dont know what
24
else I have at that time so we might have to continue to a different date. Clerk:
25
26
27
[INDISCERNIBLE indiscernible 19:50]

Judge: Alright, can you do that? Yes, sir?
28
Plaintiff: Well, Your Honor, I just for my clients sake who has to travel here from out of
state and weve got another witness subpoenaed. If Mr. Coughlins going to present his
3
4
testimony Id like to just get this done today. He is living in a house for free.
Judge: Sir, I cannot do something if I dont have the time to do it.
Plaintiff: No, I understand. I understand.
Judge: And I did not anticipate we would be taking this long. So, I would accommodate
8
9
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11
your client. He can appear by phone if he wishes.

Plaintiff: That would be wonderful. Thank you.
Defendant: I just log my Objection to that for the record.
12
13
Judge: Yeah, you can Object, but I'm going to allow him to appear by phone. He is here
14
today. So far as I'm concerned we spent at least half hour not presenting evidence on your
15
behalf. And the next court date, sir, and I'm talking to Mr. Coughlin, I will insist to have all
16
17
your Exhibits marked and ready to go and I will allow you to present them to the clerk. I
18
dont know why the bell stopped you, but I did order that you present them to the clerk. So,
19
you should have been able to do that. You can bring them in between now and the next
20
hearing whether its today or in the future. But if we go past November 1 you will have to
21
22
deposit the rent for November 1. And I think I made that clear to you and you can Object if
23
you wish. You can appeal my ruling if you wish. I think youve already done that but I am
24
not granting you a stay of these proceedings. [22:00 24:00 LONG PAUSE]
25
26
Plaintiff: Your Honor, [INDISCERNIBLE 24:04] the clerk was doing recess I had no idea
27
what he wanted to do with it.
28
Judge: Okay. I had

1
2
3
4
told him intowhile I was out to deliver them to have a marked by a clerk and she explain to
me he hadnt that so
Plaintiff: Thats my mistake I was hearing [INDISCERNIBLE 24:22]
Judge: Yeah while it was clear I wanted him to do that so- Clerk: Theyre going to have
Judge Dannan doing your small claims for this afternoon and so we can continue.
Judge: Alright, will continue at 1:30 then. And as I said, the client if hes going to go back,
8
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11
can go back and appear by phone or he can stay either way.

Plaintiff: Thank you, Your Honor.
Judge: Alright, we willsee you back at 1:30 then. Yes sir. Who are you --? Randy Fisher:
12
13
Randy Fisher. I am witness for the plaintiff. I have some spectrum system that I need to shut
14
off this afternoon and I do know [INDISCERNIBLE 25:03] if need a phone testimony by me
15
I could do the same.
16
17
Plaintiff: Your Honor, If I can make an offer proof here Mr. Fisher is a handyman that was
18
sent to the property by my office to address habitability issues identified by Mr. Coughlin.
19
He went to the address after Notice was given to Mr. Coughlin and Mr. Coughlin wasnt
20
there---
21
22
Judge: Well, why dont we just---testify by phone and when you ready? You have a cell
23
phone, sir?
24
Defendant: Your Honor, similar to most of the witnesses that are called, Mr. Fisher was sent
25
26
27
with less than 20 hours Notice. It was e-mail Notice the lease calls for 48 hours written
Notice. So I dont know why his time has been taken up. I dont know what he could possibly
28
testify to. The lease says 48 hours Notice its a law office. It is not a college kids dorm room
where you can just barge in at any moment.
3
4
Judge: Sir, the question was-- as I understand it, he responded to your complaint about
habitability.
Judge: Which the landlord is supposed to address in quicker than 48 hours if it is a true
8
9
10
11
habitability issue. In fact, the statute clearly indicates its going to be done within 48 hours.
Defendant: And I believe over 14 days have passed.
Plaintiff: Your Honor, I will present proof that Mr. Coughlin was given Notice within 14
12
13
days but more than forty-eight hours that Mr. Fisher was going to be there. When Mr. Fisher
14
got there to address the habitability issue Mr. Coughlin wasnt there. I got the e-mails right
15
here. I cannot [INDISCERNIBLE 26:34].
16
17
Judge: Well then, just have your witness available by phone since hes indicated that he
18
could be available by phone if or either that or arrange with him that youll do him precisely
19
at 1:30 or something. But we got to hear from --at some point we have to hear from
20
defendant so
21
22
Plaintiff: [INDISCERNIBLE 26:57] Miss Merliss tenant was -- this is similar what it was
23
like being Mr. Merliss tenant constantly waiting on him, constantly working around his
24
schedule.
25
26
Judge: Okay. Well Ill decide that this afternoon well see you back at 1:30.
27
Plaintiff: Thank you.
28
Defendant: Thank you, Your Honor.

Judge: And alright. Youre all free to go.
Judge: Please be seated. What we are going to do, some items and some confusion earlier
3
4
this morning. I want to make it crystal clear that this is a continued hearing pursuant to NRS
40.253 and the burden is on the landlord first to establish a prima facie case for the unlawful
detainer action. And so Im going to have the landlord present its evidence with respect to the
lease and the no-cause eviction. Then the defendant will have the opportunity because I think
8
9
10
11
the only issue then is whether or not this unlawful detainer action no-cause eviction is a
retaliatory eviction and you will, the defendant will need to meet the requirements for a
retaliatory eviction as set up in the statute. And Im going to limit you to your presentation
12
13
with respect to those issues. I know you brought up a lot of other things, one of them being a
14
demand for a jury Trial which the court finds is not kindly and that request is denied. And,
15
but you will need to meet the requirements under 118A with respect to retaliatory eviction.
16
17
And if youre testifying or presenting evidence outside that I will rule against you on those
18
issues. So, we will start first with the landlord and you will need to present the list or
19
whatever documentation you have to support the original tenancy and that it was a month-to-
20
month tenancy and that the proper Notice was given etc.
21
22
Plaintiff: Thank you, Your Honor. NRS 40.254, I believe, is the operative statute here.
23
Pursuant to the courts policies in that statute the landlord has filed his affidavit in this matter.
24
I dont know how many additional copies I have here but that is in the courts files. I believe
25
26
actually Your Honor I have submitted at the last hearing which was presented as
27
Judge: I have the no-cause termination Notice to vacate under NRS 40.251 subsection 1.
28
Plaintiff: Correct.
Judge: And that ---
Plaintiff: There was a there was the no-cause termination Notice to vacate that was served
3
4
on August 22nd. There is the subsequent five-day Notice of unlawful detainer summary
Notice of summary eviction that was served on September 27th. Those were fully provided to
you.
Judge: What is that? The 30-day Notice was served on August 22nd.
8
9
10
11
Plaintiff: Thats correct, sir.

Judge: And I have an affidavit of Service when I have signed by [Joel Durban 3.50].
Plaintiff: Thats correct, sir.
12
13
Judge: Nevada Court Services.
14
Plaintiff: Yeah.
15
Judge: So, the purposes of this hearing Id like to have that marked ---
16
17
18
Judge: --- as landlords B.
19
Plaintiff: Ive got an additional copy of you need it sir or ---
20
Judge: Well, if you want to compare to this one make sure its ---
21
22
Plaintiff: Weve only ever had one of these.
23
Judge: Well, okay this will be marked as Exhibit E.
24
Plaintiff: Your Honor I have ---
25
26
Judge: Then I have the five-day Notice of which is attached in the Notice of hearing out of
27
the court, I dont know. Im going to we have the Notice of summary eviction which was
28
dated --42/150 TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION PROCEEDING OR SET THE
Plaintiff: Your Honor, there are two of those floating around here and I could clarify for you.
Judge: I have one dated service September 27th.
3
4
Plaintiff: Correct. There is one that I served to Mr. Coughlin on September 27th hearing.
After that I went ahead and had it also served by Nevada Court Services which is actually
two.
Judge: I dont know that I have that.
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9
10
11
Plaintiff: Here.
Judge: Okay, Im going to ask the court to mark this as Exhibit C.
Plaintiff: And your Honor, does the court have in its file, sir, the landlords affidavit, that
12
13
was provided at the last hearing but I dont know if it was marked [6:10]
14
Judge: I do have a actually I dont know whose Exhibit Cs are, so, did you file Exhibits
15
like this?
16
17
18
Judge: Well, then ---
19
Plaintiff: Well, we dont file [6.30] standing like that, no. But we use this, it looks like our
20
cover sheets.
21
22
Judge: How about unlawful, the [Gaynor 6.38] affidavit ---
23
Plaintiff: Yeah, looks like ---
24
Judge: --- signed in front of a California notary.
25
26
Plaintiff: May I pursue?
27
Judge: Yeah.
28
Plaintiff: Yes.
Judge: But this doesnt ---
Plaintiff: I believe that is the ---
3
4
Judge: --- I actually have a date that was signed but it was signed [7:00]
Plaintiff: Yes, sir. October 10th by Matt Merliss.
Judge: Yeah.
Plaintiff: He signed as this is the full copy. Yeah, thats correct. Thats probably Exhibits to
8
9
10
11
that, sir. Should be the two Notices. The third one is --Judge: We [7:17]
Plaintiff: Okay.
12
13
Judge: Right. Im trying to get.
14
Defendant: Your Honor, if I can just quickly interject an Objection for the record, Im trying
15
[7:26] knowing with the Objections but. It is in the statute, it was fairly specific but unclear to
16
17
me whether [7.35] to mailing is required. You know, process here was involved so maybe its
18
not [7:41] downstairs. They attached that USPS certificate.
19
Judge: Thats when you post them that.
20
Plaintiff: Which is attached here, sir.
21
22
Defendant: Its part of the services [7.50]
23
Judge: Well, I dont know if sir, I havent even want that it, right now all Im doing is
24
having the Exhibits marked.
25
26
Plaintiff: Your Honor.
27
Judge: If it was served by posting and mailing then it is required that they be mailed in this
28
certificate of mailing. If it were served in person then its different.

Defendant: Just, just [8.10] Your Honor there might be negative [authority to try to some -- ]
because it seem like maybe if they have a process how to do it, we didnt have that [8:19]
3
4
mailing. But I dont know and certainly
Judge: Right.
Defendant: [8.23] your knowledge and expertise are.
Judge: I havent thought to that yet, so what ---
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11
Plaintiff: Your Honor, this Exhibit 1 and 2 goes to the landlords affidavit. For some reason
its tackled with these I dont think we did, I think thats a courts file, the courts order and
things.
12
13
Judge: Well, everything has got mixed up in here, so.
14
Plaintiff: Ive got fresh copy with just Exhibits if you want to have [8.50]
15
Judge: It looks like this is the lease.
16
17
Plaintiff: Yes, that was introduced at the hearing. The only thing that goes with the
18
landlords affidavit is Exhibit 1 and 2 which were the two Notices that you have in your hand
19
there. And what I will point out.
20
Judge: Alright, wait a second. No need to point it out. So, Exhibits 1 and 2 go with ---
21
22
Plaintiff: The landlords affidavit.
23
Judge: Which is ---
24
Plaintiff: It was right here.
25
26
27
Judge: Here?
28
Judge: So, this will be marked. Im going to take this Exhibit 1 and 2 because were doing it
says as C or this would be D. We will need that stapled together.
3
4
Plaintiff: The affidavit C, sir?
Judge: Huh?
Plaintiff: the affidavit in --
Judge: The landlords affidavit is D.
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9
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11
Plaintiff: D.
Judge: The Notice of termination, no-cause termination is B; the five-day Notice unlawful
detainer for failure to vacate is C.
12
13
14
15
16
17
Plaintiff: Okay. Your Honor, with --Judge: Before we get into that though Im trying to straighten up this file. Im going to put
my orders on the left so I can find them. Okay. Service must be pursuant to 40.250 and
40.280 sets the method of service. Okay, so youre on Exhibit C, Exhibit C is the five-day
18
Notice.
19
Plaintiff: Go on.
20
Judge: Yes.
21
22
Plaintiff: There are two of those documents. I just want the court to be clear. On September
23
27th at our hearing I personally hand delivered one of those to Mr. Coughlin. I dont know
24
which one you have in your hand.
25
26
27
Judge: Well, this one --Plaintiff: The [13:00] service will say.
28
Judge: --- is, I dont know who its signed by, to see you have to come up and look at it. It
says [J. Dortmund 13.16]
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4
Plaintiff: Okay, thats, thats [13:19] what happened, Your Honor, was on September 27th I
handed one of these to Mr. Coughlin at the hearing. When I get back to the office I thought
perhaps thats not appropriate you better have it served as well. So, we had it served this well.
The court has the correct one.
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10
11
Judge: Alright. Well, this one shows service by J. Dortmund.

Plaintiff: Yes.
Judge: And it indicates by posting a copy.
12
13
Plaintiff: And mailing, sir.
14
Judge: Where is the US certificate postal service mailing?
15
Plaintiff: Your Honor, I have the original here. Im going to see what these.
16
17
Judge: I do have a copy of them [14.40] envelope.
18
Plaintiff: Thats generally what we get back from them, sir.
19
Judge: But the certificate of mailing is a little form.
20
Plaintiff: Well, Your Honor, these the affidavit declaration of service which is page 4 or 5.
21
22
And this is US Supreme Court form. This is what they filled out when they posted in mail.
23
Generally they will give us a photocopy of the envelope as well. But I dont see that on this.
24
Judge: So, the envelopes here I have.
25
26
Plaintiff: Okay.
27
Judge: But not there is the United States Postal Service certificate of mailing. However, the
28
statement signed by the tenant and the witness acknowledging the tenant received the Notice
or B, a certificate of mailing issued by the United States Postal Service or C, the endorsement
of a sheriff constable or other process server stating the time and manner of service. So ---
3
4
Plaintiff: Thats what we have here, sir.
Judge: And thats what the defendant was arguing with ambiguous but I have ruled
previously that if it is a licensed process server, the certificate of mailing is not required if
they fill out the affidavit as they have done in this case. And, so, to the extent that that is your
8
9
10
11
Objection I am going to hold that the Exhibit C meets the statutory requirements. And Exhibit
C is further incorporated and Exhibit D does contain the which is Exhibit 1 attached to
Exhibit D has the envelope showing the postage and mailing on August 22nd to Zachary
12
13
Defendant: so, and towards any doubt about it I do find it the proper certificate has been
14
furnished to the court. That means the requirements for the five-day Notice and five-day
15
Notice was given. It appears more than 30 days after the Exhibit B the August 22nd which
16
17
was the 30-day no cause. And then we have September 27th actually I think I was told
18
about the wrong document around here. September 27th was the when I talk about the five-
19
day Notice previously and the envelope I was actually referring to the August 22nd 30-day
20
Notice. The five-day Notice was served more than 30 days after the 30-day Notice so, that
21
22
meets the statutory requirements. Then we have Im going to mark as Exhibit do we have
23
Exhibit E where the okay, Exhibit E is going to be the lease agreement.
24
Plaintiff: Your Honor, may I ---
25
26
Judge: Well, go ahead.
27
Plaintiff: I have such point out sir, the landlords affidavit Exhibit D is on the form provided
28
by this court. The US Supreme Court has, as you know, we have these forms, the eviction
Notice forms. However, they dont have an affidavit form for [19.26]. So, we submitted the
Unlawful Detainer Affidavit Exhibit D signed by Dr. Merliss. However, going back and just
3
4
looking at the stature theres a make sure were covered NRS 40.254, I, as the landlords agent
file a declaration on October 19th which addresses the items in NRS 40.254 sub 2. I have just
one point to have to the court ---
Judge: No, I dont have that I dont believe. Where is that?
8
9
10
11
Plaintiff: That was filed on October 19th, sir.

Defendant: [20.04] Objection as to not having the landlord making that declaration and
hopefully it serve as [20:14].
12
13
Judge: Well, Im not ruling whether or not that meets the requirements but the affidavit can
14
be filed at the hearing. The landlords affidavit so.
15
Plaintiff: Yes, which it was the last time.
16
17
Judge: Huh?
18
Plaintiff: Which it was the last time. I just want to be sure that his courts form that the
19
statutory requirements. So, when we look at NRS 40.254, it authorizes an affidavit the
20
landlord or the landlords agent, I signed the affidavits or the ---
21
22
Judge: But I do not find in that affidavit thats what Im trying to say. You filed that on what
23
date?
24
Plaintiff: October 19th sir, at 3:41PM.
25
26
27
Judge: Okay, I have a letter from you.

Plaintiff: All I have is my file stamp copy.
28
Judge: I have the Notice of appeal to district court which was Notice of entry of order dated
October 18th. And I have this declaration is that what youre talking?
3
4
Plaintiff: Yes, declaration of Casey Baker.
Judge: Alright. Ill have that marked as Exhibit F. So, we have so, let me look at Exhibit F.
Defendant: And just I quickly state for the record Your Honor, the authority for strictly
construing the proper Notice requirements I know you will [22.35] but just preserve it [22:40]
8
9
10
11
Judge: Well, Im aware of that but what youre finding was not compliant with the, I mean,
what youre arguing was not compliant with strict Rules.
Defendant: That [22.50] with respect to if a licensed process server [] he also have to go and
12
13
spend money to certificate of mailing to me it was, in a little bit.
14
Judge: The [23.00] licensed process server because they are required to meet certain
15
standards [23:09] get license.
16
17
Defendant: No.
18
Judge: Yes, the presumption is licensed process server is less likely [23.14]
19
Defendant: I guess just from my point of view some of the things I had experienced recently
20
with
21
22
Judge: Well, sorry Im overruling your Objection because I do find that it meets the strict
23
requirements of the statutory.
24
Defendant: Ive just heard details of process servers going to [23.30]
25
26
27
Judge: Alright, sir. But thats not evidence in this hearing either.
Defendant: And [23.38] statements about [23:41].
28
Judge: You have the opportunity to subpoena the process server in this case. Okay, lets just
so your affidavit sir, I do need someone to testify us to whats contained there and about the
3
4
lease etc.
Plaintiff: Okay.
Judge: Since we are doing a hearing here, I do have Exhibit E and you are the counsel so I
would prefer to have your client do the actual testimony on the
8
9
10
11
Plaintiff: Thats fine, sir. The affidavit was submitted pursuant to statute as the landlords
agent and
Judge: No, I know but you are not going to be testifying today, right?
12
13
Plaintiff: I dont think so unless we get to that.
14
Judge: Alright. So, the issue before me is whats alleged in your affidavit at least that portion
15
which starts at the, I think its page 2, starting at paragraph 8, if we can.
16
17
Plaintiff: Yeah.
18
Judge: And you can remain there if you wish, Doctor, if you will please raise your right
19
hand. Do you swear under penalty of perjury to tell the truth, the whole truth and nothing but
20
the truth? Doctor: I do.
21
22
Judge: Alright. Please be seated. Would you proceed then with examinations?
23
Plaintiff: Okay. Your Honor.
24
Judge: Maybe we can refer to Exhibit E which is or whatever or you want the landlords
25
26
heres
27
Defendant: Well, what I need is.
28
Judge: Exhibit D and E which has all the documents if you need.
Defendant: Yes, sir. Okay, one moment, it thought we had covered it. The last hearing so,
just trying to find my own copies.
3
4
Judge: Wow, why dont you use the courts copies so we can expedite this, Im just trying to
make sure we have a record because I do not remember precisely what was covered at the last
hearing. I do not think that we had your affidavit wasnt even filed [26.16] at the last
hearing.
8
9
10
11
Defendant: Thats correct but the landlords affidavit was.

Judge: Yeah, I understand but the landlords affidavit didnt have everything in it that you
allege in your affidavit.
12
13
Defendant: I understand, sir.
14
Judge: Alright.
15
Defendant: Doctor Merliss, will you please state your name as spell your last name for the
16
17
record?
18
Dr. Merliss: Matthew Joel Merliss, M-E-R-L-I-S-S.
19
Plaintiff: Thank you. And you are the owner of 121 River Rock, Reno, Nevada? Dr.
20
Merliss: Yes.
21
22
Plaintiff: Okay. [26.46] whats been marked for identification purposes as plaintiffs Exhibit
23
E. Do you recognize this, doctor?
24
Dr. Merliss: Yes.
25
26
27
Plaintiff: Okay. What is it?

Dr. Merliss: Its the altered lease agreement.
28
Defendant: Im sorry, Objection did I get copy of this, [27.16]. Was I able to use the courts
records to because Im [27:20].
3
4
Judge: I did say you could use the courts records. I said, you had to come get the documents
from me. I couldnt find the documents they were in your court record, sir.
Plaintiff: Thats good.
Judge: Thats the difference. I mean, I would have used your copies.
8
9
10
11
Plaintiff: I was from the old case, my mistake, Your Honor.

Judge: Okay. Proceed, sir.
Plaintiff: Is this the lease agreement with Mr. Coughlin and Ms. Ulloa for 121 River Rock,
12
13
Reno, Nevada?
14
Dr. Merliss: Yes.
15
Plaintiff: [27.55] admit plaintiffs Exhibit E, Your Honor?
16
17
Judge: Any Objections, sir?
18
Defendant: No, sir, Your Honor.
19
Judge: E is admitted.
20
Plaintiff: Thank you, sir. I want you to take a look at Exhibit E, please. Can you tell me, sir
21
22
from looking Exhibit E when the tenancy commenced?
23
Dr. Merliss: February 2010.
24
Plaintiff: Okay.
25
26
Dr. Merliss: February 20th.
27
Plaintiff: I want you to take a look at paragraph 2, fourth line down. It says,
28
excuse me.
Defendant: Im sorry, Objection. I was authorizing the copy?
Judge: Of the lease? You have a copy of the lease. But if you dont come up here, Ill give
3
4
you one.
Defendant: As long as it Your Honor, when I submit documents I can say well, you got a
copy of that [] summary judgment [] no problems [] the right one but Im [] referred Counsel
Baker said
8
9
10
11
Judge: Here, please come up, sir. And this

Plaintiff: I have a copy, Your Honor. In the file
Judge: Well, wait a second. This was furnished to you in last
12
13
Plaintiff: Last hearing.
14
Judge: this is I do want you to come up, I do want you to come up, sir, and look at this.
15
If you do not have this then I will stop and well make copies.
16
17
Plaintiff: Yes, sir. I have it. Its just, when it comes time for me to give [29.30] I want. [] I
18
might need to say
19
Judge: As long as he has them we will
20
Plaintiff: Okay.
21
22
Judge: We will accommodate you but if the court doesnt have a copy I have direct copy.
23
These were in the court files. Alright? Okay.
24
Plaintiff: Thanks.
25
26
Judge: Proceed, Mr. Baker.
27
Plaintiff: Let me just rephrase my question. Dr. Merliss, please look at paragraph 2 of the
28
lease Exhibit E.
Dr. Merliss: terms?
Plaintiff: Yes. Do you see on the fourth line where the lease states commencing on the first
3
4
day of March 2010, do you see that?
Dr. Merliss: Yes.
Plaintiff: Okay. Is that your understanding when the lease began?
Dr. Merliss: Yes.
8
9
10
11
Plaintiff: And what was the term, how many months?

Dr. Merliss: Thats for 12 months.
Plaintiff: Okay. So, if the terminal lease was 12 months and it began on March 1, 2010 when
12
13
it would have ended?
14
Dr. Merliss: Yes, March 1, 2011.
15
Plaintiff: Well. One year, right?
16
17
Dr. Merliss: Yes.
18
Defendant: Objection, [30.52]
19
Dr. Merliss: Yes, would be one year.
20
Judge: The Objection is sustained but the answer is one year, so.
21
22
23
Dr. Merliss: Would be one year.
24
Plaintiff: Alright, thank you. So one year would be February 28, 2011, is that correct? Dr.
25
26
Merliss: Yes.
27
Plaintiff: Will you please go to the next paragraph, paragraph 3, and titled hold over, do you
28
see that?
Dr. Merliss: Yes.
Plaintiff: Will you read the first full sentence in that paragraph? How about the
3
4
Dr. Merliss: [31.20] agreement or any changes [properly agreed ] to will remain in the fact
on a monthly basis after the initial term.
Plaintiff: Thank you. Your Honor, this point Dr. Merliss has already authenticated the
service of the eviction Notices and I believe that covers everything in my affidavit that was
8
9
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11
different from his.

Judge: Alright. Then I will admit B, C, D, E, and F.
12
13
Judge: And I will need the originals back from you. Do you have any cross examination, sir?
14
Defendant: Yes, sir, Your Honor. Excuse me. Good afternoon Dr. Merliss, did you ever refer
15
to [42.44] as entitle?
16
17
Plaintiff: Objection, Your Honor. Number 1 is argumentative, number 2 is []
18
Judge: I didnt even hear the questions, sir, [32.50] repeat the question?
19
Defendant: I asked Dr. Merliss if he had ever referred either verbally or in writing to myself,
20
the tenant, as entitled?
21
22
Judge: Entitled?
23
Defendant: Entitled, [33.02] entitlement.
24
Judge: I dont understand the question. Entitle to what?
25
26
Defendant: Something else the types of people he prefers to rent to or employ when no one
27
is really paying attention?
28
Judge: Im going to allow the question but the doctor can answer it if he
Dr. Merliss: I can answer the question, Your Honor.
Plaintiff: Your Honor, can I put my Objection on the record, please?
3
4
Judge: Yes, Objection is overruled.
Defendant: Thank you. Irrelevance argumentative and [33.40]
Judge: Alright.
Dr. Merliss: Im not sending an email that Mr. Coughlin that you do have a sense of
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11
entitlement because he want to stay in that house for free without paying rent, if you will like
youre entitled to that. Usually if somebody stays in a home thats leased, then they pay rent.
You for some reason, it seemed to me did not want to pay rent. And I said no reason why not?
12
13
Defendant: Did you receive a number of emails through from me over determine the
14
tenancy tenancy beginning March, no, February 28, 2010 after, you know, the point where
15
things, kind of, broke down, did you receive a number of emails wherein I requested that you
16
17
fix some things?
18
Plaintiff: Thats an unfair question, [34.40] I dont understand it. Clarify and
19
Defendant: Did I, did you ever
20
Dr. Merliss: Simplify the question please.
21
22
Defendant: Sure. Did you ever get any emails from me?
23
Dr. Merliss: Yes.
24
Defendant: Okay. When would you say that started?
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26
27
Dr. Merliss: I dont know, I dont remember.

Defendant: Okay. Did you ever get the can I show the witness?
28
Judge: Why dont you have it marked up here? Did you get him [35.08] Id ask you to bring
him.
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4
Defendant: I didnt know when that Your Honor, Im sorry.
Judge: Well, I hear you said as soon as you get back?
Defendant: I got more of it.
Judge: How many do you have?
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9
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Defendant: Nine.
Judge: Alright. Well, lets start with the first one, well have that marked and you can show
him that and then while you are doing it, you can mark the rest of them.
12
13
Defendant: Okay.
14
Judge: Yours will be 1 through 9 and he doesnt have any marked so far, right? Female:
15
Thats correct, he does not.
16
17
Judge: Okay. Well, bring him up to the court, please.
18
Defendant: Your Honor.
19
Judge: Yeah.
20
Plaintiff: Have we entered into Mr. Coughlins case, as this point?
21
22
Judge: No.
23
Plaintiff: Okay. So, were still on cross examination Your Honor, I will Object to these
24
questions as outside the scope. The scope for the record is [35.55].
25
26
27
Judge: Alright. Wait till he gets back.

28
Judge: Mr. Coughlin what are you going to do, its been Objection that your cross
examination is limited to the scope of the direct and since this is not relevant to the direct
3
4
examination you will have the right to call a doctor on your case in chief but at this point Im
going to sustain your Objection. So unless it has to do with the Notices or the lease itself or
testimony it was presented on direct, then the Objection will be sustained.
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10
11
Defendant: Yes, sir, Your Honor. As far as my recollection, speaking with [] and evidence
that firm books, [] Mr. Bakers updated recognizing the lease to determine the tenancy what
happens []
12
13
Judge: Its correct.
14
Defendant: So, at this point I wouldnt have anything further. We could
15
Judge: Alright, thats being the case do you have any other witnesses?
16
17
Defendant: Your Honor, I will have [37.32]
18
Judge: Well.
19
Defendant: I believe that the landlord has made its initial burden, to shift the burden to
20
Judge: Alright.
21
22
Plaintiff: Mr. Coughlin at this point.
23
Judge: Okay, Mr. Coughlin, as I had indicated as I indicated upfront your defense as I
24
understand it is the and what we allowed was retaliatory conduct by the landlord and thats
25
26
defined as NRS 118A.520 and thats what you will need to establish for the court. You have
27
many things that you argue previously but they will not be retaliation so, and I will read those
28
out just so were clear. Right, this, thats the wrong section.
Defendant: I think its .510.
Judge: 510, correct. And what those are are the following: the tenant has complained in good
3
4
faith of a violation of a building, housing, or health code applicable to the premises and
affecting health or safety though a governmental agency charge with responsibility for
enforcement of that code. That is one that you alleged, I believe. B, the tenant has complained
in good faith so landlord or a law enforcement agency of a violation of this chapter or the
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9
10
11
specific statute then imposes a criminal penalty. C, the tenant has organized to become a
member of a tenancy union. D, a citation has been issued resulting from a complaint
described in paragraph A. E, the tenant instituted or defended against the judicial or
12
13
administrative proceeding or arbitration in which the tenant raised an issue of complaints of
14
the requirements of this chapter respecting the habitability of the dwelling units. And F, the
15
tenant has failed or refused to give written consent to a regulation adopted by the landlord
16
17
after the tenant enters into the rental agreement which requires the landlord to wait until the
18
appropriate time as elapsed. And G, the tenant has complained in good faith to a landlord, a
19
government agency or an attorney, the [care] housing agency or other appropriate body of a
20
violation of NRS 118.010 to 118.120 inclusive of the Fair Housing Act. And so, sir, you will
21
22
be limited to those items and you may proceed with your case at this time. And I dont recall
23
if youre ever sworn or not this morning. Was he sworn? Female: Yes, he was.
24
Judge: Okay. You were sworn.
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26
Defendant: I have later remember that, Your Honor.
27
Judge: Huh?
28
Defendant: I have later remembered being sworn this morning.

Judge: Alright. Well, then Ill swear you again.
Defendant: Thank you.
3
4
Judge: Do you swear under penalty of perjury to tell the truth, the whole truth and nothing
but the truth?
Defendant: Yes, Your Honor, I do.
Judge: Alright. You may be seated and tell me precisely what do you retaliatory conduct was
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9
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11
and specifically as I understand as to retaliatory conduct were talking about is the eviction
proceeding which were here for today. Because thats the only one thats remains. Alright?
Defendant: Alright, Your Honor. I would wonder if, if [41.52] landscapers could be
12
13
considered [] I understand [] and there are things down here. And Ill do my best not to make
14
legal argument here, just testifies to the facts because it seems like thats what you want.
15
Judge: Go ahead.
16
17
Defendant: With regard to 1, at building, house or health care, I didnt make complaints and
18
those are in writing to Mr. Merliss the email address for which we established a regular
19
line of communication that would be just AOL accounts which is a [42.30] AOL.com and
20
these emails to which I will be referring to are found in bulk and
21
22
Judge: Wait a second, sir. A, is a complaint to a governmental agency, did you make a
23
complaint to a governmental agency?
24
Defendant: I dont are you sure that it cant just involve complaints the landlord about
25
26
health code?
27
Judge: No, that would be B.
28
Defendant: I thought B was complaint about a criminal.

1
2
3
4
Judge: Well, thats true. Well, Im sorry. A, is the tenant has complaint in good
faith of a violation of a code applicable to the premises and affecting health or safety to a
governmental agency. So, I dont believe that means the landlord and the reason for that is, he
complained to the landlord thats well, its not covered by that section, lets put it that way.
Defendant: That it is by a later section?
Judge: Huh?
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Defendant: That it is by a later section?

Judge: Well, go ahead, you tell me. Im not doing your case for you.
Defendant: I guess I I guess the way I [43.50] was that it was a kind of either or a
12
13
complaint to an agency because otherwise theres theres kind of [43.57] people just go
14
go telling on people to trying to work things out between for the
15
Judge: Well, I had read quite clearly to be to a governmental agency, which I thought you
16
17
had done from what you said but
18
Defendant: Well, to the extend a legal services entity might be considered that
19
Judge: No, thats not a governmental agency.
20
Defendant: Yes, Your Honor. At the moment I cant recall making any complaints to any
21
22
governmental agency, Your Honor.
23
Judge: Alright. Well
24
Defendant: But I did complain to the landlord in writing and I feel like he reacted given
25
26
retaliatory circumstances [] suggest it was retaliatory.
27
Judge: The only one from what youre saying looks applicable to me is E, the tenant has
28
instituted or defended against a judicial or administrative proceeding or arbitration in which

the tenant raised an issue of compliances with requirements of this chapter respecting the
habitability. Thats the only thing that I recall in all these proceedings weve had so far that
3
4
may come or [45.27]. This statute that within the context of this statute. Unless you have
something Im missing. Because G, is a complaint to the landlord but it has to do with fair
housing which Ive never heard that you mentioned any other discrimination.
Defendant: I havent [45.56] Your Honor.
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Judge: What is your what is the discrimination that you are alleging?
Defendant: Race, sex and national origin [46.07] to classes.
Judge: What is your race, sir?
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13
Defendant: Caucasian, parts Irish, German.
14
Judge: Its not a protected class.
15
Defendant: Yes, it is.
16
17
Judge: Well, you will need to cite the law for me because
18
Defendant: Oh, that. That would be in this context Im more familiar with the [46.35]
19
context but and this context is a fair housing statute or statute. And those statutes according []
20
Judge: Sir, I but the thing is the complaint. Do you have a copy of the complaint to the
21
22
landlord or government agency an attorney or the fair housing agency or other appropriate of
23
a violation of NRS 118.010 to 118.120?
24
Defendant: Yes, the [47.02]
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26
Judge: Okay, well, what is the complaint, sir?
27
28
Defendant: They complaint is that [47.10] with me because me and [] he seems to be []
anybody who is non-white male account before any fault and the next is the facts surrounding
3
4
this case.
Judge: Anyone who is non-white male?
Defendant: Yeah. [47.25] is fine with them. Antonio the handyman is fine with him. The
landscaping crew all Hispanic is fine with him. Darlene [17.35 Sharpe], a woman realtor who
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11
seemly directed two two different groups of people to be the same job who get paid for
twice.
Judge: Okay. What is the
12
13
Defendant: He is [47.43] with her but he want to be out.
14
Judge: What is the email, what is the email and where is the rate when complained first of
15
all?
16
17
Defendant: Its in Exhibit 8.
18
Judge: Exhibit 8?
19
Defendant: 8.
20
Judge: Okay, we have Exhibit 8. And just so I understand that
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22
Defendant: Quickly Your Honor, [48.06] Objection the previous sections of .510 I dont
23
believe those are not satisfied with someone complaints the landlord, I do that makes it
24
applicable. I dont think it called for a
25
26
Judge: Subsection (a)?
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28
Defendant: I dont know about that but it seems like youre saying, all in one of those sub,
subsections in that statute is putting the fact by complaining to the landlord and I would say
3
4
[48.34]
Judge: And Im confused about what youre saying now. I just said that subsection (a) does
not apply if you do not make a complaint to a governmental agency. And that is my ruling.
Defendant: I thought it was if you made a complaint involving co-section other
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governmental agency.
Judge: No.
Defendant: To the landlord, to an agency.
12
13
Judge: No, it says, thats not what the statute says. It says, through a governmental agency.
14
Defendant: I got it here now, Your Honor, Im sorry. I was under an impression [49.20].
15
Judge: Sir, you can appeal my ruling but I am ruling that the complaint has to be to a
16
17
governmental agency, not to the landlord.
18
Defendant: I see right, thats clear. My mistake. But subsection (b) is where the language
19
have to the landlord begins to
20
Judge: Thats true but then thats for criminal
21
22
Defendant: [49.45] a complaint with respect to a criminal and Ive got a number of criminal
23
statutes here wherein a conduct of the landscaping crew is tantamount to mayhem,
24
conversion, larceny, destruction of property and while I
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26
27
Judge: Okay. Sir, sir, hang on a second. Here, if you are claiming a violation of subsection
(b), then tell me precisely what it is and what documents you have that support that.
28
Defendant: Yes, sir. NRS 205.220 is grand larceny, thats the taking carrying away property
of another
3
4
Judge: Then who allegedly took and carried away the property?
Defendant: The crew of men, the crew of Hispanic men that Dr. Merliss in conjunction with
the female realtor Darlene Sharpe sent to my law office to work on weeds for which Dr.
Merliss already agreed to pay me the job. So, that sort of the double group effort [51.05]
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11
currently it was causes no expense in that regard subsequently

Judge: No, he said he hired somebody to remove the weeds at your property and did you file
a criminal complaint, sir?
12
13
Defendant: At this point, Im ruling my options, Your Honor.
14
Judge: Alright, well, the individuals, did you see them take your property?
15
Defendant: Oh, youre right, yes sir, I videotaped it and I ask this court if I could submit that
16
17
video evidence [51.35] and I believe he said I couldnt.
18
Judge: And at the last hearing you could not but the question was, so you have a videotape of
19
an individual stealing your property?
20
Defendant: Stealing, uh, perhaps under a technical term, they took something they took a lot
21
22
of time and effort which was to get green, high density, high quality wool carpet, cut and
23
notched to fit around all the fence [52.16] in the house and make it so it wasnt a dirt line and
24
its not everybodys case.
25
26
Judge: So then how can I understand that so that they take this carpet and take it away?
27
Defendant: To [52.30] the weed, so they could do their weeding.
28
Judge: But after they did that did they permanently deprive you of that carpet?
Defendant: They left it in the street and refused to put it back.
Judge: And so they did not permanently deprive you the property?
3
4
Defendant: Well, my efforts to mitigate lightly pervaded a situation were yes the trash men
were taking, somebody else were taking it, and it would be damaged.
Judge: Alright. But I did not believe that meets the requirements of NRS 205 with respect to
larceny so, unless there was an attempt to permanently deprive you of the property which by
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11
your own testimony they left it there.

Defendant: They were intending to make it better I dont think, Your Honor. But there are
other sections of crimes against property under NRS 205 that I feel would be applicable.
12
13
206.040, entering property with intention of damage or destroy property. 205.270, penalty for
14
taking property from another under circumstances not amounting to robbery, limitation on
15
granting of probation or suspension of sentence.
16
17
Judge: Sir, you cant just read off the statute, you need to tell me precisely what it was that
18
happened and then the evidence that you complain of it.
19
20
Judge: And then further the evidence that this subjection was caused by that complaint.
21
22
23
Judge: And then there has to be a linkage.
24
Defendant: I believe its quite clear on viewing the emails and the chronology and the timing
25
26
27
[54.08]. The emails in to and from Dr. Merliss in Exhibit 8 speaks to that with respect to the
taking.
28
Judge: Okay, well lets go there to Exhibit 8 and tell me precisely what page youre talking
about or
3
4
Plaintiff: Yes, sir. Have copies please that the attached or something that I can refer to?
Judge: Yeah, I have these.
Plaintiff: I have no idea what those are.
Judge: Oh, here, come
8
9
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11
Defendant: And thats telling because I would be here [54.40] reasonably diligent
investigation prior to
Judge: Sir.
12
13
Defendant: would required you do know what this is.
14
Judge: He doesnt --
15
Defendant: I believe he does, Your Honor. You cant just throw mud on the wall and see
16
17
what sticks. You need to know, youre filing some days [] law. [Unclear]: I dont
18
Judge: What he is presenting so far was crystal clear, sir.
19
Plaintiff: He didnt present a whole lot, Your Honor.
20
Judge: He presented all he needs to present to establish an unlawful detainer.
21
22
23
Defendant: And I can point Im sorry, I can point to the page number, Your Honor.
24
Judge: What you need to because this Supreme Courts rule, its not up to the court to
25
26
fumble three of your papers and finding what youre talking about.
27
Plaintiff: Yes, sir. Ill just hand it out
28
Judge: Alright.
Defendant: I can take a look at those.
Judge: Well.
3
4
Defendant: I have a copy for you, Casey, Im sorry. Im just a little, you know, I just got to
tell you Im an attorney, Im a [] attorney and this process is confusing and challenging to me.
So, it was like
Judge: Well, youre making it more confusing, sir.
8
9
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11
Defendant: I wonder if its like to [55.46]

Judge: Sir, I just want you to point to me
12
13
Judge: the most egregious one you have, alright?
14
15
Judge: That
16
17
you said that
18
Defendant: And thats as I said it starts on page 18, Your Honor.
19
Judge: Page 18?
20
Defendant: Yes, it was constituted
21
22
Judge: I dont have any page numbers on mine.
23
Defendant: Yeah, [56.23]
24
Judge: Whats the date of it?
25
26
Defendant: The first page after the cover page will be...
27
Judge: Well, first page after the cover page is dated 9-6-11 or Wednesday, August 17th of
28
the...
Defendant: May I approach to verify would there be something wrong?
Judge: Here, sir, come up here.
3
4
Defendant: Okay. This is what I attempted to give you as Exhibit 8.
Judge: 8, yeah?
Judge: And thats what I have.
8
9
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11
Defendant: Yes, okay. You were saying the first date was
Judge: No.
Defendant: you are looking at that or?
12
13
Judge: No, well. The most current chronologically its 9-6-11 at 1:13PM. What I was asking
14
you where is this the most egregious example of this.
15
Defendant: And you see this date [57:21] so I can refer to, thanks.
16
17
Judge: Okay.
18
Defendant: It was 18 in the original pleading, Your Honor. Thats why its [57.27].
19
Judge: Okay, 18. I do have page 18, so.
20
Defendant: Yeah.
21
22
Judge: But I do need you to back off the bench
23
24
Judge: What Im trying to find is the most egregious example of the crime that was
25
26
27
committed against you that you reported to the landlord.

28
Judge: I mean, because these cars finance or emails are addressed to the attorney so far as I
can tell.
3
4
Defendant: Yes, Your Honor. If you look at page 29, or rather, I believe page 27 begins
[58.23] the first instance where I page 23, Your Honor. Its the first instance wherein I
report, this confers in or destruction of property or some derivation of the crime to property in
NRS 205 to Dr. Merliss. It didnt take a look to Dr. Merliss.
8
9
10
11
Judge: Im sorry?
Defendant: Thats on page 23 there is a at the top of the page there is a cell number and
then theres noxious weed ordinance.
12
13
Judge: Well, what I say at the top of page 23 youre saying?
14
15
Judge: There at the top of page 23 the property damaged by Darlene Sharpe of Landscapers,
16
17
is that what youre talking about?
18
Defendant: Yes, sir. Counsel Baker, is this completely new and foreign to you?
19
Plaintiff: Sir, my understanding is
20
Judge: You dont need to talk to counsel you need to talk to me. And you are a witness, not a
21
22
counselor and now so please sit down.
23
24
Judge: And tell me, sir, where this specifically that you are alleging a crime was committed?
25
26
Defendant: Well, its its where I detail to Dr. Merliss that Ronaldo or Rolando the Green
27
Action lawn care crew in conjunction with Darlene Sharpe arranged at my property taking off
28
out of the yard and placed it in the street then refused to put it back in spite of the fact that
they knew they would encounter that carpet from their previous trips to work on the house
Dr. Merliss owns.
3
4
Judge: Okay, so its the removal of the carpet?
Defendant: Yes, sir. And as a small businessman I can tell you that it affects my business in
a real way. I do not play with marginal margin.
Judge: Alright. Whats the next instance that you said you had multiple crimes?
8
9
10
11
Defendant: If I did I misspoke, Your Honor.

Judge: So, its the one its the one event but multiple charges to that one event that youre
talking about?
12
13
Defendant: I have multiple complaints. Some involve criminal law, some involve health,
14
health care
15
Judge: I understand, I heard you so, so destruction of carpet, right? Is that what youre
16
17
claiming?
18
Defendant: It goes a bit beyond that to the extent that it was more of an installation so it --
19
given the carpet to lay down and be notched and cut right round the fence and the house was
20
a big part of the expense, it would be different than just taking an ordinary square piece
21
22
carpet, its, yeah.
23
Judge: Well, I understand that sir, Im trying to understand though under 118A.510
24
subsection (d), you claim is that the carpet destruction of the carpet constituted a crime?
25
26
Defendant: Yes, sir. And I have a video.
27
28
Judge: And alright, well I will assume for the purposes of these proceedings then that your
testimony is corroborated by that video, right? That, in other words, Rolando removed the
3
4
carpet.
Defendant: With the crew of [1.03.04] and but yes, Your Honor.
Judge: Okay. Rolando and the other four men removed the carpet and did not replace it.
Defendant: Yes, Your Honor and Darlene Sharpe seems to be in contact with to some extent
8
9
10
11
directing [1.03.20] my condo.

Judge: The what?
Defendant: The realtor who seems to be a sort of property manager of sorts and maybe is the
12
13
lender to the house, according to Rolando. This Darlene Sharpe [of Dixon Realty], she was in
14
phone contact with the Green Action Landscaping crew. And she apparently made some
15
disparaging marks about the carpet and maybe to the extent that it made it more difficult for
16
17
her to rent the next door upstairs apartment and that your crew it was arrived they just left
18
there or kind of destroy my property and I called her and I indicated to her that their
19
Judge: Alright, well, I guess Im just trying to get the gist of what your complaint is, all right.
20
And that is the removal of the carpet, correct?
21
22
23
Judge: Thats what youre saying constituted a crime of malicious destruction of your
24
property, right?
25
26
Defendant: The removal and placement in harms way.
27
Judge: But the crime you are alleging is malicious destruction of property, right?
28
Defendant: Well, I chose about six or seven.

Judge: Well, tell me which one it is that you cant choose them today, its the one youre
complaining to the landlord though.
3
4
Defendant: I didnt call. I didnt write the landlord that I was a [1.04.45] writing a charging
complaint. I wrote him and I told him the general facts of the situation. I dont know that the
stature requires that I specifically plea some particular subsection of
Judge: Well, it does require this court to make a finding that there was a violation of a
8
9
10
11
specific statute that imposes a criminal complaint. So, if I dont even know what the specific
statute is.
Defendant: NRS Im just reading. With respect to the criminal complaint NRS 206.330
12
13
seemed fairly on point, NRS 205.270, 206.040.
14
Judge: Wait, 206., what?
15
Defendant: 040.
16
17
Judge: Now what is your evidence that the landlord evicted you because you complained
18
about the destruction of your carpet?
19
Defendant: Well, it seemed as though shortly after he started to assume he wasnt getting
20
paid rent on the basis that he owed me for property damage he quickly decided to evict me.
21
22
Judge: So you are saying that you didnt pay rent because of the property damage and
23
therefore he evicted you?
24
Defendant: Right, Im not saying that I didnt pay rent in that regard. I had many other rent
25
26
deductions that were agreed to in writing or that were allowed in the statute before I even got
27
into that his liability under subsection 20 of the lease with regard to property damage done by
28
his agents or, I dont know if it says employee.

Judge: Alright, sir. I want to move this along, so Ive got that. Whats the next complaint you
have with respect to retaliatory conduct by the landlord?
3
4
Defendant: The next complaint for which Im trying to prove prima facie case Your Honor is
that I did complain about habitability issues, code [1.07.44] code sections dealing noxious
weed ordinances, theres pictures of the weeds that grew in Exhibit 8.
Judge: Well, I think at the last proceeding we established the lease record that you to
8
9
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11
maintain the lawn.

Defendant: Well, it says to maintain the lawn and shrubbery however there is dirt where
there would be a lawn. So, I dont know if that means
12
13
Judge: No, its not, Im going to rule against you on that so we can move on because I think
14
thats the tenants responsibility under the lease.
15
Defendant: It well, he ratified that he was going to pay me to do the weed. So, in that sense
16
17
he does a waiver of the lease.
18
Judge: Waiver of the
19
Defendant: And the lease is the lease does not mention weeds, Your Honor, thats a fairly
20
far jump to take from saying Im suppose to maintain the lawn to Im suppose to prevent any
21
22
Noxious Weed Ordinance violations. Thats and further the laws of the take [1.08.45] this
23
destruction that its to be construed strictly against the drafter Mr. Dr. Merliss
24
Judge: Okay, so where in the habitability section does it provide for noxious weeds?
25
26
Defendant: That would be a housing or health code.
27
28
Plaintiff: Your Honor, I will Object to any testimony regarding any violations of any code
that is that requires expert testimony which Coughlin is not a qualified as an expert. Theres
3
4
no way we can prove [UNCLEAR]: I am not [1.09.20]
Judge: Sir, let him state his Objection then we can move from there. The Objection is that he
is not an expert. Sir, your response.
Defendant: I am an attorney. It involves statutory codes. I looked them up. They speak to
8
9
10
11
Noxious Weed Ordinances within the Reno City charter

Judge: Okay. What Im going to do is overrule the Objection but you can present the code
but you cant testify as to whether or not it was a violation, its up to the court to determine.
12
13
But lets go to 118A.290 because whats covered under habitability is effective
14
waterproofing, weather protection, plumbing, water supply, adequate heating, electrical
15
lighting, garbage
16
17
Defendant: Your Honor, I just [1.10.40] and I dont know that I didnt complain to an
18
agency because I think [1:10:46] but this is not about habitability. This is 118A.510 sub A,
19
this is dealing with a good faith, complain in good faith of the violation
20
Judge: Well, you and I want you to talk about habitability.
21
22
Defendant: Well, and I have those issues Your Honor but Im not I havent addressed the
23
good faith violation of building, housing or health care. This sounds very similar.
24
Judge: Which one is that?
25
26
27
28
Defendant: Thats
118A.510 sub 1A.
Judge: And I already ruled it. You have to make the complaint to the government agency.
Defendant: I am not sure whether or not I did. I seem to recall making a call.
Judge: No, okay. Well, you seem to recall you dont have any evidence of that today. And
3
4
if you seem to recall how would the landlord even know to evict you because of that, if you
dont even know if you made a complaint, sir?
Defendant: Well, I did write the landlord with respect to the weeds.
Judge: I understand but you didnt come you didnt write the landlord [1.11.50] complain
8
9
10
11
to this governmental agency about the weeds, did you?

Defendant: I think he could have inferred that that was a possibility from my writing.
Judge: Okay. Im not going to do that. So, go on to the next item.
12
13
Defendant: I dont just to state an Objection, I dont think that the statute says I have
14
that
15
Judge: You are arguing with me, you are a witness.
16
17
Defendant: None of the court [1.12.12]
18
Judge: Yeah, just where are the line you are a witness, sir.
19
Defendant: Yeah.
20
Judge: Ive given a lot of latitude. You are a witness testifying as to the facts not arguing the
21
22
law. So, I tell me what else you have then today, on the retaliatory of eviction?
23
Defendant: I believe weve gone over the complaints to the landlord of a criminal statute. As
24
far as I know there has been no citations issue. So, section D does not apply. The tenant has
25
26
instituted or defended against it. In sub E a judicial or administrative proceeding. I did prior
27
his filing for eviction say all file retaliatory eviction law said against you, I think that could be
28
tantamount to instituted a judicial or administrative proceeding, its allegation demand at

what point does the proceeding began I guess is the question of fact and I, in this regard,
prima facie established [1.13.23] Im supposed to have all issues in fact resolved. I believe in
3
4
my favor to the extent there kind of a 50-50, I think its fair and [] summary adjustment make
a prima facie case which its my understanding this is the same [] judgment as [] here. And
thats fairly low standard. Its not proved beyond reasonable doubt too sir.
Judge: Im not asking you for that, I am asking for a articulable defense that you can tell me
8
9
10
11
precisely what it is in thats subsection (f), well, Im sorry, subsection (e). The tenant has
instituted or defended against a judicial or administrative proceeding or arbitration in which
the tenant raised an issue of compliance with requirements of this chapter in respect to
12
13
habitability.
14
Defendant: Yes, sir. In Exhibit 8 on page 28, I point out to Dr. Merliss that hell be sued for
15
retaliatory eviction. To me that tantamount to instituting a proceeding whereupon he
16
17
promptly evicted me or sought to with the help of
18
Judge: I thought he already was a victim.
19
Defendant: No, its not that point. He was still trying to convince me. The property damage
20
wasnt germane to the issues and that he would check up on the insurance about it for
21
22
which he never got back to me. And kind of just, you know, soft pedaling my complaints out
23
of the door, I guess, or trying to ignore them away. But at that point I feel that I was
24
instituting a proceeding by making a litigation demand and his subsequent conduct in hiring
25
26
27
an attorney and seeking to evict me is just per se classic retaliatory eviction.

Judge: Alright. Anything else, sir?
28
Defendant: Its not elegant at all. Its the employee goes to the boss and complains of sexual
harassment inspired the next day. Thats essentially what we had going on here. And to
3
4
analogize
Judge: We are not to analogize, sir, youre not arguing youre testifying.
Defendant: Yes, Your Honor. With respect to other bases I deal which habitability issues and
I believe when a tenant invokes the right to do a rent deduction that is protected. I suppose
8
9
10
11
that
Judge: The statute is quite clear, sir that when we do that it has to be deposited and re
arguing about this but you can appeal that.
12
13
Defendant: Your Honor, just to clarify and I know you want me to argue but there is there
14
is this section in the statute that it says fix it yourself and theres no depositing going on there.
15
Judge: Thats a separate section. If but you dont get to deduct five months of rent for we
16
17
went through this within the last hearing the maximum amount you claim was $2,000
18
something, $2,700.
19
Defendant: There was about 1,000 missing. My former co-tenant had paid him
20
approximately $900, I was missing $250 working with the [1:16:53] in the back stairs was not
21
22
addressed.
23
Judge: I included the stairs, sir.
24
Defendant: Thats the front stairs, Your Honor, the back stairs I had issues about.
25
26
27
Judge: No I you cant make this up each week I see you. I finalized at the last hearing I
said, is there anything else and you indicated, no.
28
Defendant: And I filed a motion to correct the judgment [1.17.12] or clarify a rule 59 motion
the following Monday. There is a strong indication [] was going to go on here with Dr.
3
4
Merliss. Ive got emails wherein former co tenant, we are all inmates, she took the rent
money from me as was the practice instead of forwarding both our shares on to Dr. Merliss
she forwarded it on against my share and she made arrangements to pay him later, wherein he
ratified that or agreed to that and apparently will collect that money. This kind [1.17.56]
8
9
10
11
collection practice argument.

Judge: And sir, were not here about the nonpayment of rent. That was dropped.
Defendant: I alleged habitability based on and I think thats where Im getting confused,
12
13
Your Honor.
14
Judge: Habitability is sent out in the statures crystal clear. And
15
Defendant: Installation, molding installation thats habitability.
16
17
Judge: That was one
18
Defendant: Windows, broken windows.
19
Judge: Yes.
20
Defendant: Not only a window thing. Its a safety thing theres [1.18.33] glass.
21
22
Judge: I understand that those were alleged. But the question is, were they repaired, number
23
one. And number two, you were evicted because of those things.
24
Defendant: Yes and I think that on the tenure all the youre entitled type comments and the
25
26
proximity and time were talking about literally like a week after Dr. Merliss what I kind
27
of confuse this is
28
Judge: Are we here to what, sir?

Defendant: Well, its like he finally came back from being out of the country for three
months Notice he havent been paid rent. And I dont know if also knows he had a bunch of
3
4
emails built up over a year asking him to fix habitability issues that he never did. And then he
paused his whatever takes up his time and imagine hes busy medical practice he pause that
and turn to me and wanted all his rent. And he didnt want to fix any of the issues and he
wanted it right then and he was going to evict me if he didnt have like then right away. And
8
9
10
11
thats retaliatory eviction. [1.19.40] the sections of the statutes 118A that allowed me to do
rent deductions when he
Judge: Sir, where is the 14-day Notice? And
12
13
Defendant: Exhibit 8, is at the [1.19.52] over
14
Judge: Exhibit 8 what, what page?
15
Defendant: Theres probably 10 and since this throughout this 15 pages.
16
17
Judge: I want to know one.
18
Defendant: Okay.
19
Judge: Starting with one.
20
Defendant: The mold, the installation issue. Starting on page 19 which would be page 2
21
22
[1.20.15].
23
Judge: Well, were here your saying something about replacing the baths for $320.
24
Defendant: Yes, sir. And the pictures Ive submitted and showed on my laptop at the last
25
26
hearing and I emailed them to both you and Counsel Baker today. I caught the pictures.
27
Judge: Well, did you fix that or not?
28
Defendant: Yes. After literally I would estimate months of no response from Dr. Merliss.
Judge: Well, whose is Matt in here?
Defendant: Matt is Dr. Merliss.
3
4
Judge: So, you refer to him as Matt?
Defendant: Well, I didnt know he was a doctor until a month ago, Your Honor.
Judge: Alright. Well, anyhow Dr. Merliss and Matt are one and the same?
Defendant: Yes, sir, yeah.
8
9
10
11
Judge: And this was written on May 14, 2010?

Judge: So, its hardly retaliatory eviction for something that occurred in May thats
12
13
Defendant: Well, the occurrence of the nonpayment or the rent deduction didnt occur until
14
very close in time of the retaliatory eviction. At this point I was still being a good tenant who
15
doesnt to want to cause ways. I had the co tenant girlfriend who was kind of raised in a
16
17
culture where it seems like being docile was kind of a not entitled, was the more accepted
18
practice
19
Judge: Alright, you say by
20
Defendant: Dr. Merliss is belong..
21
22
Judge: Well, youre saying this issue had been corrected.
23
Defendant: Not to me, and it took my time and energy and I hadnt been paid for it. [1.22.37]
24
Judge: Okay. So, you are arguing about is an upset against the rent, not a continued
25
26
habitability issue, right? I mean, habitability issue was corrected by yourself and you would
27
have rent for that?
28
Defendant: Not until

Judge: I know you started with holding rent though.
Defendant: No
3
4
Judge: about five months ago.
Defendant: Not to me, I was given the co tenant, I dont know she wasnt paying them.
Yeah, so
Judge: Well, thats not his fault.
8
9
10
11
Defendant: Well, he didnt he didnt even tell me he wasnt getting rent until like two to
three months gone by without him getting rent. Thats how I kind of ask him
Judge: Did you know the co tenant moved out in July?
12
13
Defendant: Yes, I knew she moved out but I knew I pay her for May and June and July and
14
then Dr. Merliss alerts me, hey, youre however, much behind in May. And I alerted him hey
15
Ive been sending you 14-day Notices to clear for the last year youve done nothing. Im
16
17
working my fingers to the bone around here
18
Judge: And so, okay.
19
Defendant: Im not -- just Im not making this up, Your Honor. I didnt start off this way. I
20
got to my limit, well, I was tired being the handyman. I was tired being taken away from my
21
22
law practice. I was tired, you know, I submit these low-ball estimates to fix things and Dr.
23
Merliss would scoff at them.
24
Judge: Alright.
25
26
Defendant: Looks like you cant get anybody do anything for $50 Dr. Merliss. And youre
27
going to, you know, youre going to scoff at my saying, hell, Ill do this or that for $50, you
28
know?
Judge: Anything else, sir?
Defendant: I believe a retaliatory eviction stem also in part for my asserting that I was, I
3
4
guess, accepting I would complain about things like the broken disposal Dr. Merliss would
be in Thailand or somewhere. He may send me an email and get two estimates, take your
time and effort to go be my property manager, get two estimates and deduct the cheapest one.
Yeah, and then when I do that then all of a sudden there would be a lot of resistance and then
8
9
10
11
pretty quickly it was an eviction.

Judge: Alright. So the eviction which occurred in September, right?
Defendant: I believe it was August 22nd was the original.
12
13
Judge: Okay, August 22nd was the original eviction?
14
Defendant: Yes, and if you look at the point in which Dr. Merliss comes back to the country
15
and discovers he hasnt got rent for thats several months, theres only like a two-week
16
17
window. From that time well, he says, hey, I want some rent I think. And I dont want to do
18
any of these rent deductions and youre not paying me? Boom, youre evicted, two weeks
19
later.
20
Judge: So, as I understand at then, you are saying he was unaware that the rent hadnt been
21
22
paid?
23
Defendant: Yes, in my
24
Judge: How do you know that?
25
26
Defendant: Well, my neighbor [Rich Marley], he was discussing our shared landlord Dr.
27
Merliss, he says yes.
28
Plaintiff: Objection hearsay.

Judge: Alright. Objection will be sustained but
Defendant: Its my answer to hearsay would be pattern of practice established.
3
4
Plaintiff: Unacceptable. J
Judge: The issue though is this, sir, you didnt know the rent wasnt being paid but how did
you know that he didnt know the rent wasnt being paid?
Defendant: One, he didnt call me up like most of the other landlord say, and say where the
8
9
10
11
hells my money? Two, the neighbor said, he doesnt cash the checks for months. [1.26.40]
bank account.
Plaintiff: Objection.
12
13
Judge: Alright. That will be sustained.
14
Defendant: Three
15
Judge: Your own personal knowledge.
16
17
Defendant: He wrote me an email about it, hey, whats up with this?
18
Judge: What date was the email?
19
Defendant: That would be, it looks like August, August 11th and the first eviction was
20
August 22nd, so it was less than 12 days.
21
22
Judge: Well, lets see 12 days.
23
Defendant: From when it would seem he found out
24
Judge: Most people evict within five days.
25
26
Defendant: Okay, but its not like six months went by for me
27
Judge: What about where, what date, which page?
28
Defendant: Page 25, Your Honor.

Judge: Page 25.
Defendant: Yeah, the top of the page the email is still in June, theres one of the get to
3
4
estimates emails at that page, line 7. And then starting at about line 11.
Judge: Wait, wait, slow down, sir.
Defendant: Okay.
Judge: Im at page 25, the top of the page starts off, I took a video/photo of a jammed but
8
9
10
11
Im too tired to load it to my computer right now. Is that the page?

Defendant: Yeah. Thats it. That email looks to be from June but
Plaintiff: Im going to Object to these emails on the basis that they have been altered. I have
12
13
other copies of these and for instance at line 2 of this page
14
Judge: I'm doubtful if thats a legitimate Objection. You can show your copies.
15
Plaintiff: Okay. Well, this is not a true and accurate copy of the email.
16
17
Judge: Alright. Well, then sir
18
Defendant: My answer to that Objection would be anywhere where there has been an
19
alteration that was alerted to the reader in the document itself
20
Judge: Well, show me precisely the one were talking about because these are written -- I
21
22
only see one from a Matt Merliss.
23
Defendant: Hes Magunda@aol, Matt Merliss.
24
Judge: 8-11-11, according to my records Melissa paid $600 on 5-6.
25
26
Defendant: Yeah, counseltaking about.
27
Judge: That leaves $300 for May, $900 for June, July, and August for a total of $3,000.
28
Please let me know as soon as possible when this will be paid. If the payment is marked
before 8-18, I will not charge you a penalty otherwise, I will charge you a penalty for late
payment. And paying a rent does not depend on the alleged damage you sustained as this is
3
4
an insurance issue and its not for me. Please keep up with communication with me and allow
workers and Darlene to enter the house. If communication falls apart, if I dont receive a
check in the timely manner, fashion or if Darlene or workers are not allowed to enter and help
you Im afraid I will have no choice but to pursue legal recourse. I hope it does not come to
8
9
10
11
that. If necessary please talk to Melissa and decide how you will divide the rent.
Defendant: And it will be in five days and attorneys retain until the direct all
communications are [1.29.45]
12
13
Judge: Alright.
14
Defendant: That email [1:29:52] on page 31 at the bottom. So, within five days it went from,
15
hey you owe me some rent, no Im not going to deduct anything, I dont have to fix anything.
16
17
Hey youre in Nevada, that keeps tenants [] over there. I heard thats why I bought houses.
18
Judge: And you wrote back within one day that no one other than me is to enter the house.
19
Defendant: Absent prior Notice. Yes, absolutely.
20
Judge: No, I understand. But it was not a conciliatory tone at all.
21
22
Defendant: Well
23
Judge: Youre blaming him for being
24
Defendant: The tone of our previous correspondences would suggest that Dr. Merliss would
25
26
probably assume that he could just have somebody walk in my law office.
27
Judge: Alright.
28
Defendant: And just quickly for the record, Your Honor, I find it troubling that Counsel
Plaintiff:: seemingly was aware and didnt care he was unaware that his client had
admitted to receiving $600 in that email I believe. And Counsel Baker still send me, you
3
4
know, you owe three grand in rent Notice on August 22nd. [1.31.12], you know. The duties
reasonably diligently investigate before using process and finally, finally going to the claims.
Judge: So, youre saying you did not owe $3,000 as of August 22nd?
Defendant: No, and there been [INDISCERNIBLE] for the stairs or at least spent $350 for
8
9
10
11
the weeds and

Judge: Okay. Alright, well
Defendant: and there had been, you know, you cant just take peoples money and slap
12
13
some names in pleadings and file them in the court. Youve got to make sure youre not
14
casting [INDISCERNIBLE] question paper where its not supposed to be
15
[INDISCERNIBLE].
16
17
Judge: Anything else, sir? Alright. Cross examination.
18
Plaintiff: Yes. Mr. Coughlin please turn into your Exhibit 8 to page 23.
19
20
Plaintiff: Youre with me?
21
22
Defendant: Alright.
23
Plaintiff: I want to look at your email to Dr. Merliss dated 5-24-11, this is the one we had
24
been discussing, are you there?
25
26
Judge: Well, wait a sec. Because getting there now.
27
Plaintiff: Yes, sir. Page 23.
28
Judge: I have one page 23, was it?

Plaintiff: Yes, sir, 23.
Judge: Dear Mr. Merliss?
3
4
Plaintiff: No. Ah, yes, yes, Dear Mr. Merliss Im writing to let you know
Defendant: Yeah.
Plaintiff: That one. Mr. Coughlin, where in this email which continues on to the next page, is
there any complaint of a violation of a specific statute that imposes a criminal penalty? Point
8
9
10
11
it out.
Defendant: Well, I dont know, am I an expert to be able to testify that? That couldnt testify
as a housing code as an expert so what next [INDISCERNIBLE] expert to testifying, yeah.
12
13
Plaintiff: Its your email, Im asking where you put the specific statute, where is it?
14
Defendant: You want me [1.33.22] asking me to say what is tantamount to something being
15
[INDISCERNIBLE] a reference to a specific statute and I dont know as just the will
16
17
[INDISCERNIBLE] Im qualified to make that that expert testimony.
18
Plaintiff: You can move to strike the answers with non-responsive and ask the court to direct
19
the witness to answer the question, please.
20
Defendant: Objection
21
22
Plaintiff: Well, I will direct
23
Defendant: [INDISCERNIBLE] transparency.
24
Judge: Sir, I will direct the answer the question is to whether or not this email in any place
25
26
refers to a specific criminal statute?
27
Defendant: I would say in general the email refers to some sort of theft or property
28
destruction statute.
Plaintiff: The question is, where in the email is the specific criminal statute reference?
Defendant: Its within the body of the text of the email. You might not be get an answer you
3
4
want but you got an answer.
Plaintiff: Okay. And what statute are you referring to in this email?
Defendant: I think that would call for an expert. I dont feel qualified to interpret the law.
Plaintiff: There is no reference to any statute in this email, is there Mr. Coughlin?
8
9
10
11
Defendant: Objection leading the witness [1.34.52] you can do that.

Judge: Well, I will find as a matter of fact that there is no reference to any statute. You dont
need to ask him that.
12
13
Defendant: I will just submit that I think very strongly.
14
Judge: Well
15
Defendant: [1.35.05]
16
17
Judge: There is no statute there, sir. Ive read the whole email.
18
Defendant: At what are you referring do we have to have a specific statutory
19
Judge: Well, no, the question was whether or not there was a
20
Defendant: nobody can do that. No process can do that.
21
22
Judge: I didnt ask you, sir, whether you have to have a statute, the email does not contain a
23
statute then I find that as a matter of fact.
24
Defendant: I dont know what contain a statute means if it contains a
25
26
Judge: Refers to NRS
27
Defendant: Time stamp [1.35.42]
28
Judge: Sir, youre out of order so, go ahead.

Plaintiff: Thank you, sir. Mr. Coughlin, we discussed NRS 118A.510 sub E, do you
remember that? Just a moment ago that has to do with instituting or defending against the
3
4
judicial or administrative proceeding, do you remember that?
Defendant: Somewhat.
Plaintiff: Okay. That was only two minutes ago. Do you remember it?
Defendant: Somewhat.
8
9
10
11
Plaintiff: Is it your testimony that threatening to sue somebody is the same as instituting or
defending against a judicial or administrative proceeding or arbitration?
Defendant: If I I said something about making up or sending out litigation demand Notice,
12
13
a letter, might be deem tantamount to instituting.
14
Plaintiff: Okay. Prior to August 22, 2011 did you file any lawsuit against Matt Merliss?
15
Defendant: I dont feel qualified to testify the expert [INDISCERNIBLE].
16
17
Plaintiff: Your Honor.
18
Judge: Well, his answer is no.
19
Plaintiff: Okay.
20
Judge: I mean essentially, I mean if he doesnt know if he filed a lawsuit, he didnt file a
21
22
lawsuit.
23
Defendant: If earlier I couldnt testify as [1.37.12]
24
Judge: I didnt say you couldnt, I always said was you cannot give an opinion as to a legal
25
26
opinion. Thats up to the court. I said that you can testify as to the facts, its a fact whether or
27
not you file a lawsuit, sir. Its not an opinion you did
28
Judge: Huh?
Plaintiff: intimately [INDISCERNIBLE] at that circumstance.
3
4
Judge: Okay. But Im not going to play games with you. If you cannot testify you filed a
lawsuit then Im going to find you did not. Alright?
Defendant: I didnt understand the question be file a lawsuit, I tried to say institute he
borrowed the language from the statute, instituting an action.
8
9
10
11
Judge: I thought you said file a lawsuit.

Plaintiff: I did, Your Honor. [1.37.55] in a follow-up question.
Defendant: You said prior to that.
12
13
Plaintiff: Prior to August 22nd, did you file any lawsuit against Dr. Merliss, Matt Merliss?
14
Yes or no?
15
Defendant: I have to look up what that means.
16
17
Plaintiff: Did you recall filing any lawsuit prior August 22nd against Matt Merliss?
18
Defendant: I need to know what it means to file a lawsuit.
19
Plaintiff: Youre a lawyer, you dont know what it means to file a lawsuit?
20
Defendant: You dont think I know what Weed Ordinance means, so.
21
22
Judge: The court did not sustain that Objection, sir, but I said that if it was a Weed Ordinance
23
violation you could testify to that, it was not that you couldnt testify. It was you could not
24
give an expert opinion as to whether or not there had been a violation of a noxious weed
25
26
27
ordinance thats all.

Defendant: Alright. Your Honor [1.39.05]
28
Plaintiff: Mr. Coughlin, is it your testimony that because Dr. Merliss did not immediately
began eviction proceedings when you stopped paying rent after May that that somehow
3
4
makes this eviction retaliatory?
Defendant: I dont know that I stopped paying rent after I paid rent for May and June.
Plaintiff: Okay, and you have [1.39.45]?
Defendant: Yes.
8
9
10
11
Plaintiff: Okay. Thats it.

Defendant: You had read the if you read the discovery that was [1.39.50] goes into that.
So, I know you like to [INDISCERNIBLE] but I would just invite you to do diligent inquiry
12
13
by reading the discovery propounded to you in fulfillment of your Rule 11
14
[INDISCERNIBLE] to the court in a legal profession.
15
Plaintiff: Okay. Did you provide in cash or checks, for rent paid?
16
17
Defendant: I dont recall.
18
Plaintiff: You cannot recall whether you provide him with cash or checks?
19
Defendant: That was is that your new question because I didnt know
20
Plaintiff: Do you recall providing any cash or checks and you discovered that you just
21
22
referenced for any rent that you paid?
23
24
Plaintiff: Who did you [profound] that discovery to?
25
26
Defendant: Im confused as to whether youre saying that [INDISCERNIBLE] checks you
27
had proof of that or it doesnt seem like thats what your second question whether this, did I
28
give you. Well, I gave I could [type] emails wherein your client and my former co tenant both
may what might be deemed [INDISCERNIBLE] against interest with respect to having, you
know, one [INDISCERNIBLE] he clearly seems to accept her statement that she paid or I
3
4
think he made a statement that he received
Plaintiff: Im going to [INDISCERNIBLE] the answer Your Honor unbelievably
unresponsive. I guess at this point I dont have any further cross examination questions.
Judge: Do you have any responsive statements, sir, testimony?
8
9
10
11

Judge: And its got to be limited to what you were asked about alright?
Defendant: Okay. And on page 26 there was a
12
13
Judge: Page 26 of what?
14
Defendant: The email Exhibit, Exhibit 8.
15
Judge: Alright.
16
17
Defendant: And just to put into the record there is a Exhibit photographs.
18
Judge: Alright. Im going to admit all of your Exhibits, sir.
19
Defendant: Okay.
20
Judge: 1 through 9. So, youll have them in the record.
21
22
Defendant: And 9 is a motion I found from Nevada Legal Services attorney named
23
[INDISCERNIBLE] who wrote what seems to be a fairly a debt motion covering 40.253 sub
24
6 which we discussed this morning wherein it was suggested that upon a prima facie finding
25
26
the court must make no further order i.e., no rent escrow i.e., Las Vegas Rule 44
27
[INDISCERNIBLE].
28
Judge: Well, I agree with your rule 44 is not in play here.

Defendant: Your Honor, if I might just ask for some clarification and what allows her for
essentially requiring me to put an escrow [1.42.52]
3
4
Judge: The statute specifically requires it. It says, shall. It doesnt say may, it says shall,
sir.
Defendant: What statute, Your Honor?
Judge: The same statute youre talking about that requires the adoption of
8
9
10
11
Plaintiff: 118A.355 sub 5, Your Honor.

Defendant: Thats thats not talking about a summary proceeding. Thats talking about
prior to that for some [INDISCERNIBLE] pass that. Were in the summary proceeding at this
12
13
point.
14
Judge: Sir, the statute allows in any case that you cannot defend the action. Ill read it to you.
15
Defendant: What would be required if rule 44 in Las Vegas if the stature allow that?
16
17
[INDISCERNIBLE 1.43.40] section.
18
Judge: The statute requires that the rule be adopted. The section that youre referring to is
19
subsection and I dont know why Im arguing law with you when youre being a witness
20
either. So, but it says, justice courts shall establish by local rule a mechanism by which
21
22
tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account
23
maintained or approved by the court. A defendant does not have a defense to an eviction
24
under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an
25
26
escrow account. It doesnt say with the court. And we do have, not in the local rule, but we do
27
have and have at the judges meeting adopted a process to enable tenants to deposit the rent in
28
escrow with the court. Because prior to that tenants were unable to deposit their rent because
they couldnt establish an escrow account and they were coming to us. Now, if you wanted to
transfer your money to a different escrow account I have no problem with that but its going
3
4
to have to be with the Western Title or some company like that...
Defendant: Does the Supreme Court
Judge: hold your money.
Defendant: Does the Supreme Court have to set accept those Rules before the justice court
8
9
10
11
can [1.45.17]
Judge: No. If you read that statute, sir, it doesnt require
that the escrow be with the court. It does require the court to establish a local rule, a
12
13
mechanism by which tenants may deposit rent. And we did do that, sir.
14
Defendant: Im just thinking that rule 83 of the Justice Court Rules of Nevada within it states
15
any Rules are made by any Justice Court shall upon a [1.45.52] be furnished to the Supreme
16
17
Court but shall not become effective until or after approval by the Supreme Court in that
18
allegation.
19
Judge: Im not allowing you with this, sir. Youre right. But that has nothing to do with
20
todays proceeding. It has to do with the fact that it says in that statute the same statute that
21
22
Defendant: Is that
23
Judge: the tenant does not have a defense to an eviction unless you deposit that rent.
24
Defendant: Im
25
26
Judge: Im not going to argue with you anymore, sir.
27
Defendant: Im just trying see what in that numerical section of the stature. Is that something
28
like 355 the

Judge: Its the statute here were referring to. 118A.355 subsection 5, the same
Defendant: 355, okay.
3
4
Judge: The same section youre referring to. Its a separate sentence.
Defendant: I refer to 40.253 sub 6. To me 118A.355 is long gone. Its not per summary
proceeding.
Judge: Sir, you are defending this action right?
8
9
10
11
Defendant: Thats in the remedy section, there is a summary proceeding rule section.
Judge: Alright.
Defendant: So, I dont know that the remedy section is applicable [1.47.10]
12
13
Judge: Okay. Im not going to argue law with you anymore. Were done with the argument.
14
Do you have any other testimony, sir? You can argue the law at the end there after you done
15
testifying.
16
17
Defendant: Yes, Your Honor, just a quick [1.47.33] but can I just make sure will I be able to
18
cross exam Dr. Merliss here, sir?
19
Judge: Cross exam him. You did cross exam him.
20
Defendant: I believe it was limited [INDISCERNIBLE].
21
22
Judge: Well, you can call him in your case in chief.
23
Defendant: Yes.
24
Judge: But you havent even finished your testimony, sir.
25
26
27
Defendant: Okay. Well, Ill quickly do that and then if I could call Dr. Merliss.
Judge: Youll be able to, sir. But you need to finish your testimony.
28
Defendant: Yes, sir. Ill do that expeditiously here, Your Honor. To from my point of
view
3
4
Judge: No, sir, were talking about factual testimony, your point of view is irrelevant. I want
to hear your testimony.
Defendant: Dr. Merliss retaliated against me. I made complaints that I think are protected by
law in short order eviction proceedings were undertaken by Dr. Merliss, [1.48.42] was hired.
8
9
10
11
Judge: Which eviction proceedings are you talking about? The one for nonpayment of rent?
Defendant: All of them. The August 22nd original filing this, the August 16th letter from
the email from Dr. Merliss directing the contact the law officer Richard [1.49.00] for further
12
13
communications. Dr. Merliss, I believe on several occasions referred to me in disparaging
14
terms, he says he is entitled and he I think he called me malignant in meddling at some
15
point and, and just some other things that kind of made me feel like I was being discriminated
16
17
against for being a white man and maybe for being an American too. Like, he kind of prefer
18
being with docile workers who worked under the table maybe didnt have to pay taxes and
19
did get many bad talk, didnt have rights and all those crazy things that, you know, so I feel
20
like fair housing violation was going on. And some sex discrimination with respect to,
21
22
seemed like Darlene Sharpe could, you know, negligently send a crew of six guys out to do
23
the same job Dr. Merliss had paid another guy to do and it all kind of crashed together and
24
Darlene Sharpe still part of the enterprise with Dr. Merliss so far as I can tell. So, just seem
25
26
like I was kind of the one who is going to be held accountable for anything that went wrong.
27
And seem like a fairly strong evidence to discriminatory practice. The I I learned Dr.
28
Merliss on numerous occasions of problems with the wood landing above the steps that had
crumbled which have these kind of great strip tape things on top of the wood that were
peeling, kind of creating a safety hazard wherein one, you know, coming up or down the
3
4
steps could trip or slip [1.51.07]. That wasnt addressed. The stairs in the back of the house
were also having significant issues, that wasnt addressed despite written request. Its not as
though Ive alerted this court to every little thing that went wrong or all that hours and hours
of work I did. For instance, one time the washing machine got a table mat stuck in one of its
8
9
10
11
interior drainage parts and it wasnt draining and Dr. Merliss sent Antonio out. Antonio spoke
little to no English and in assessing the situation attempting to troubleshoot it he flooded the
kitchen.
12
13
Plaintiff: Your Honor, may I please [1.52.00] Objection for the record. The court was
14
previously asked Mr. Coughlin for the entire universal habitability type issues that he wants
15
to address. The court can find his testimony to those things. Hes just rambling about things
16
17
that he admits he hasnt brought up before. I just want to put my Objection on the record to
18
any testimony about this stuff.
19
Judge: Sir, Im going to sustain that Objection. I have listed those items at the outset of this
20
hearing. You said you understood clearly what they were and
21
22
Defendant: That incident
23
Judge: A washing machine was not on that list, sir.
24
Defendant: You read my pleadings. Its not Im going to ask him for rent, its going to my
25
26
credibility [INDISCERNIBLE] Im not a problem tenant who wants that little thing. Ive
27
done things to save his floors. I got up four fence and lifted the carpets and the pad to make
28
sure that they dry when Antonio flooded that

Plaintiff: Same Objection.
Defendant: in the kitchen. I got [1.53.00] and cleaned it up.
3
4
Judge: Objection sustained, sir.
Judge: Anything else?
Defendant: I dont think so, Your Honor, thank you.
8
9
10
11
Judge: Alright. Any further cross examination?

Plaintiff: Well, before I do, Your Honor. Did I hear Mr. Coughlin attempt to admit Exhibit 9,
some motion from some other case, I would Object to that as irrelevant.
12
13
Judge: Im allowing it in.
14
Plaintiff: Okay.
15
Judge: But your Objection is overruled.
16
17
18
Judge: Anything else, Mr. Coughlin?
19
Defendant: Yes, sir. [1.53.44] if I may just quickly
20
Judge: No. About he had a question. Im sorry.
21
22
23
24
25
26
27
28
Plaintiff: Im still on the cross.

Judge: Youre on the cross.
Plaintiff: May I have these marked, Your Honor.
Judge: Yes.
Plaintiff: [INDISCERNIBLE 1.55.02] been marked as Exhibit G, for investigation excuse
me, for identification purposes. Take a second and look at that, please.
Defendant: I dont recognize that at all.
Plaintiff: Really? Lets turn to second page.
3
4
Defendant: Let me correct myself.
Plaintiff: Well, theres not a question pending so. You want to [INDISCERNIBLE] for a
second? Turn to the second page.
Defendant: I might recognize the thing about at being black
8
9
10
11
Plaintiff: Still no question pending.

Defendant: I thought you said, do you recognize this?
Plaintiff: Turn to second page, please. What appears to be an email from you to Mr Merliss
12
13
Magunda@aol.com dated June 2, 2011 at the bottom of that page, do you see that?
14
Defendant: Yes.
15
Plaintiff: The subject line is, garbage disposal jammed, is that right?
16
17
Defendant: Um-hmm.
18
Plaintiff: Okay. This is an email from you to Matt Merliss, is that right?
19
Defendant: I dont know.
20
Plaintiff: You dont know?
21
22
Defendant: Well, I mean you can be something and I dont know what you downloaded.
23
Plaintiff: Okay.
24
Judge: Well, I believe this same email is contained in Exhibit 8.
25
26
Plaintiff: Yes, sir. In Exhibit 8 page starting at the bottom of page 24 you have Exhibit 8
27
[INDISCERNIBLE 1.56.40]
28
Defendant: Page 24.

Judge: Which page?
Plaintiff: 24, sir. At the bottom of Exhibit 8, page 24.
3
4
Defendant: Yeah. [1.56.55] settlement negotiation for [INDISCERNIBLE] or something like
that?
Plaintiff: Okay. Well lets just take a look at it, alright? Lets go to the bottom of page 24 of
Exhibit 8. And the emails starts out, the garbage disposal is jammed. Do you see that?
8
9
10
11
Defendant: Um-hmm.
Plaintiff: Is that a yes?
Defendant: On page 24 of 8.
12
13
Plaintiff: Yes.
14
Defendant: Yeah.
15
Plaintiff: I want you to go to the fourth line of that email, its actually on page 25, the
16
17
following page.
18
Defendant: Um-hmm.
19
Plaintiff: At the very end of that line theres a sentence that starts with the word i, do you
20
see that? Do you see the word I?
21
22
Defendant: Your Exhibit or my Exhibit?
23
Plaintiff: Page 25 of Exhibit 8.
24
Defendant: Um-hmm.
25
26
Plaintiff: Here.
27
Defendant: Objection, Your Honor. This is a badgering call as Mr
28
Judge: Thats overruled. Overruled.

Defendant: I find it, its just here.
Plaintiff: That sentence reads, I can have the crumbling places patched for $..., otherwise I
3
4
would like to fix this it is dangerous given one can trip on the stairs. Did I read that correctly?
Defendant: From 8, it sounds like you did.
Plaintiff: Okay. Now lets go back to Exhibit G.
Defendant: Are you referring to the settlement negotiation reduction?
8
9
10
11
Plaintiff: Im referring to your email. Please go back to Exhibit G.

Defendant: Where some some figures were darkened for purposes of not putting settlement
negotiations [1.58.35], is that what youre referring to?
12
13
Plaintiff: You know what Im referring to.
14
Defendant: I dont know, Im asking you.
15
Judge: Well, the court will take Notice that the $25 and the $75 have been eliminated.
16
17
Plaintiff: Yes, sir. Thank you. The $75 offer by Mr. Coughlin to fix the stairs which hes
18
now claiming for $1,250 has been redacted by Mr. Coughlin thats all Im trying to establish
19
here.
20
Judge: I didnt say settlement offer. I just said its been redacted.
21
22
Plaintiff: Its not settlement offer.
23
Defendant: So, now you submitted a settlement offer into the record?
24
Plaintiff: [1.59.12] (3:29:39 pm) No sir, this is a demand for some sort of
25
26
notification. Thats all I have, Your Honor.
27
Judge: Alright. Its not a settlement offer, sir. Its no litigation pending at the time this was
28
written, so, anything else? Okay, did you want to call another witness, sirs or we can
Defendant: If I can call Dr. Merliss, Your Honor.
Judge: Alright.
3
4
Plaintiff: Can I take a few seconds?
Judge: Yeah. Plaintiff Just to go to the bathroom, please.
Judge: Sure.
Plaintiff: Your Honor, thank you.
8
9
10
11
Judge: Take a five minute recess.

...(3:38:00 pm)
Clerk: I did turn the recording on
12
13
Judge: she was admitted a 3G is admitted and one through 10 is
14
clerk nine
15
Judge: was nine but then he is a separate page attached I don't know what that is it's as
16
17
Exhibit 10 e-mail of photos but it's not actually attached it's just one through nine
18
Defendant: five.
19
3:38 PM
20
Bailiff please rise
21
22
Judge: please be seated okay I believe when we left off Mr. Coughlin you wanted to call Mr.
23
Merliss: as a witness
24
Defendant: yes sir Your Honor
25
26
Judge: I write you're still under oath Dr. Merliss so you may proceed then
27
Defendant: Your Honor would it be all right if I were to remain seated
28
Judge: yes
Defendant: Dr. Merliss dues you ever say something or write something about me being
entitled seeming entitled
3
4
Plaintiff:: objection asked and answered
Judge: yet this has been asked and answered
Defendant: but it was objected to based upon the scope of direct
Judge: will I overruled the objection and he answered them quite a bit of detail as I recall
8
9
10
11
Judge: he said that he thought that you on Montana reiterated basically what he testified to
was you had the attitude that you are entitled to live there for free
now okay
12
13
Defendant: know well okay Coughlin can you tell me what did you feel that attitude you
14
spoke of did that has something to do with my race
15
Merliss: I did not understand to
16
17
Defendant: when you had indicated to me that you thought that I seemed entitled did you
18
think that with me being white or male
19
Merliss: no
20
Defendant: did you find Ms. video entitled
21
22
Judge: I'm sorry you're gonna have to speak a little louder because I'm having trouble hearing
23
in your talking to him sideways so
24
Defendant: it's difficult to see him
25
26
Judge: will then why don't we do this will have the doctor said of fear of the witness chair
27
and then and talked to me you can talk to me and it will be much clearer
28
Defendant: yes or
Merliss: repeat that please
Defendant: yes Dr. Merliss did you find my former co-tenant Ms. Melissa Lee Ella to seems
3
4
similarly entitled
Merliss: not at the time no
Defendant: to feel that way about her now
Merliss: she hasn't paid her rent I don't find that she's entitled but she hasn't paid her rent
8
9
10
11
Defendant: did you make an agreement with her in that regard with respect to her paying
rent?
Merliss: she said that she was going to pay the rent
12
13
Plaintiff: did you ever write back to her that sounds good or I except that?
14
Merliss: yes
15
Defendant: you did?
16
17
Merliss: she was going to pay rent within the e-mails
18
Defendant: and you said okay I except that agreement with you?
19
Merliss: it wasn't an array an agreement she promised to pay me the rent
20
Defendant: and did you write her back assenting to that in some manner
21
22
Merliss: that it was okay that if she paid me the rent yes I welcome the rent
23
Defendant: do you know whether or not so doing has some legal effect two for instance
24
except the late partial rent in Nevada
25
26
Plaintiff:: objection calls for legal conclusion
27
Judge: all sustained the
28
Merliss: fight that I

Judge: Sir Sir Wade to answer your attorney posed an objection so wait until the core rules
on it before you answer and I am going to sustain the objection
3
4
Defendant: yes your honor is Darlene Sharpe or Dickson Realty in some way on the
mortgage deed alone for the two houses
Plaintiff:: objection relevance
Judge: all overruled the objection
8
9
10
11
Merliss: now
Plaintiff: okay what is the arrangement with Darlene Sharpe
Plaintiff:: objection
12
13
Plaintiff: I am objecting relevance the court has already ruled that we are not bringing in third
14
party sphere I don't know what relevancy this has to anything where not bringing in damage
15
claims either Your Honor
16
17
Defendant: earlier today is seen to spell and Mr. Baker is constantly doing this to me is
18
telling me what I said when it doesn't quite sound like something is set
19
Judge: I don't care what the question is whether or not it's relevant so you tell me how it's
20
relevant
21
22
Defendant: he's he then proceeded to state what your order was with regard to counterclaims
23
or Jordan there and earlier today it seems as though you said I didn't tell you he can bring
24
counter them send non-confused
25
26
27
Judge: I said you have the right to file a counterclaim Sir but the Supreme Court has limited
normally convert the if it goes to a full-blown trial you could do that and you're not precluded
28
from doing it after the fact in this case it's just not germane to the issue of whether or not the
unlawful detainer should be granted
3
4
Defendant: so in this summary proceeding that we are having right now am I not able to
litigate counterclaims against third parties?
Judge: you are not able to litigate because you have the right to litigate them later under the
statute
8
9
10
11
Defendant: so I am not allowed to in this proceeding it's not permissive

Judge: nine in this proceeding today now and I am not able if I'd given it timely cure beat
demand or request are those allowed in a summary proceeding
12
13
Judge: okay first of all I ruled that sure request for a jury trial whether you're successful in
14
your argument that today is a trial or as I indicated it is a hearing but either way the jury trial
15
demand was not timely filed all right it was not timely filed.
16
17
Defendant: and I suppose it's an appropriate to ask you what ifs if I can go look that up in the
18
law library
19
Judge: you can look it up but I'm telling you it was not timely filed
20
Defendant: on not disputing it I'm just wondering if I had filed a timely are those even
21
22
possible summary proceedings but I understand her time is limited
23
Judge: no I don't believe there possible summary proceedings no but if this matter were to go
24
to trial if the court finds I'm not going to argue with you anymore about the law you're asking
25
26
27
questions of Dr. Merliss so go ahead and do it but I sustained the objection as to relevance as
to how Darlene Sharpe is involved in the property
28
Defendant: Dr. Merliss you receive any points for me wherein I detailed his level were
health or safety or criminal all related the issues
3
4
Merliss: not any clear ones
Defendant: can you describe what you meant by that
Merliss: when you first started to send me e-mails they were very unclear the language was
unclear I couldn't tell if you were complaining or if you wanted help there were very
8
9
10
11
ambiguous you later sent an e-mail about the toilet about urine that went on for three or four
e-mails that was completely bizarre I couldn't understand it and I even sent Antonio there he
couldn't find any with that e-mail you lost a lot of credibility you were waxing elegance about
12
13
urine crystals and things like that I couldn't really follow you from there are on the nature of
14
the e-mails deteriorated with your syntax and grammar and I couldn't really follow them after
15
that the e-mails seem to follow a certain pattern where the first part of the e-mail was
16
17
Plaintiff: I'm sorry
18
Merliss: I'm answering the question Sir
19
Defendant: yeah you're going past 1S
20
Merliss: the first part of the e-mail was complaining about
21
22
Judge:: all right also stained the injection is non responsive issue is the criminal complaints
23
and you said they were clear
24
Merliss: the e-mails were not clear Your Honor
25
26
okay and cannot provide Dr. Merliss can I give him something to refer to while I reference
27
these e-mails
28
Judge: you can refer to page and the e-mail specifically that your are referring to is Exhibit 8
Defendant: yes your honor
Judge: and where is the one about the urine Sir
3
4
Defendant: yes with respect to the broken wax ring on the toilet were in the urine sludge was
pulling behind the toilet for months on end and I was extremely conscientious and not
jumping to the conclusion that it was a wax ring wonder if maybe you for was spillover urine
I know it gets disgusting talking about this but I think to me that events a level of concern for
8
9
10
11
not wasting Dr. Merliss is money he seemed to

Judge: will which but pages that on do you have an idea
Judge: to you have an idea Dr. what month that was
12
13
Merliss:
14
Plaintiff: I see it on page 21 Your Honor this is the e-mail to which Dr. Merliss is referring to
15
as just too confusing ... there is more than one e-mail I believe Your Honor
16
17
Judge: our a maybe you can look at them and identify
18
Plaintiff:
19
Defendant: Your Honor I believe I rejected some of the I think to some Internet articles on
20
how to figure out what's going on with the toilet with a problem like this interest in the
21
22
interests of brevity of the attachments I rejected that out it was nothing I wrote it was some
23
yahoo.com article on figuring out if you have a wax ring problem with your toilet
24
Plaintiff: Your Honor if Mr. Coughlin's not going to present a complete document I have to
25
26
27
object to its admissibility

Judge:,
28
Plaintiff: if Mr. Doc Coughlin is it that Mr. Coughlin is not gonna present a complete
document but just pick and choose the sentences he wants to present to the court I
3
4
Judge: well the thing is do you have the complete ones
Defendant: yes your honor but has Mr. Baker made the diligent inquiry
Judge: I just want to get the tenor of what was said because the doctor testified that these
were to some extent or not coherence I guess
8
9
10
11
Defendant: and Your Honor if you'll just note that approximately line 17 is one of the first
mentions of this broken window in February
Judge: will serve you are not testified so I'm just reviewing the e-mail the question you asked
12
13
Judge: all right I've read them so go ahead with your next questions are
14
Defendant: Dr. Merliss can you look at the e-mail and tell me what's so confusing about it to
15
it goes on from page 21 to 22 and from my reading it all seemed extremely conscientious the
16
17
think carefully thought out inconsiderate
18
Judge:. That is if you want to look at it again
19
Merliss: I couldn't follow it it was rambling and I said
20
Defendant: will just go ahead and tell me what specifically about it is rambling Dr. Merliss
21
22
Judge: well I guess I am having a little trouble about the relevance of this right now
23
Defendant: to me it goes to the whole relationship
24
Judge: well it wasn't a criminal offense to have a leaking toilet so
25
26
Defendant: it constitutes this I'm a doctor don't bother me with your stupid toilet concerns
27
Judge: well I thought he is just addressed it immediately by saying he would send Antonio
28
over and
Defendant: did Antonio ever come over
Merliss: did he fix it or yes Merliss yes
3
4
Plaintiff: did he fix it?
Merliss: he came over and then he told me that there wasn't a problem
Plaintiff: how soon after did he come over
Merliss: a few days I don't know
8
9
10
11
Defendant: are you aware that he told me there was a problem and that he would be back in a
week and he never returned
Plaintiff:
12
13
Merliss: I inquired specifically about the toilet and he said that it wasn't a problem
14
Defendant: did he indicate to you that he told Melissa and myself that he would be back in a
15
week or so to fix it and that approximately a couple weeks went by and we never heard from
16
17
him?
18
Merliss: the only conversation I had with Antonio is I asked him how the toilet was what's
19
the problem the couldn't understand the e-mail he said that there wasn't a problem it's fixed
20
there isn't a problem
21
22
Defendant: did Antonio speaks you in English?
23
Merliss: we speak English and Spanish
24
Plaintiff: you fluent in Spanish
25
26
Merliss: I speak Spanish he speaks English as well
27
Plaintiff: how well would you say he speaks it
28
Defendant: he speaks it enough or not

Merliss: he speaks of enough so that I can understand him
Defendant: when he's speaking just English?
3
4
Merliss: he speaks English or Spanish and I understand
Defendant: is he a licensed handyman
Merliss: I don't know
Defendant: did you make any effort to ascertain that before hiring him
8
9
10
11
Merliss: I watched his skill level which was stupendous

Plaintiff: were his prices really good to
Merliss: extremely skilled
12
13
Plaintiff: were his prices really love
14
Judge: I'm been entered throughout there's no objection but I don't get the relevance of this
15
this issue for the two issues and the only issues have to do with retaliatory eviction and it has
16
17
to do with either habitability
18
Defendant: discrimination fair housing
19
Judge: discrimination or the criminal reporting a crime
20
Defendant: sometimes it just sounds like white people are too high maintenance for Dr.
21
22
Merliss in some respects it seems like white people specifically white man purchased too high
23
maintenance for Dr. Merliss to deal with
24
Judge: well I the question is whether you were too high maintenance that I'll
25
26
27
Plaintiff: it's interesting why you hired Nash pest-control and this other what was the other
name of the what was this other entity that you apparently needed access to the interior of the
28
house and fix the exterior sprinkler system and you're trying to assert some breach claim or
something when you only gave like 20 hours notice the lease calls for 40th
3
4
Plaintiff: Your Honor Stern argument here somewhere
Defendant: this a subpoena for to handyman
Merliss: I don't know what you're talking about Mr. Coughlin
Defendant: Welty you or your attorney send out to handyman subpoena them
8
9
10
11
Merliss: we tried to inspect your house and you would not let the men
Defendant: who
Merliss: Nash and Fisher
12
13
Defendant: Nash and Fisher
14
Merliss: you would not let them in
15
Defendant: it doesn't sound like Antonio anymore
16
17
Plaintiff: objection
18
Judge: the objection is sustained your test questions are
19
Defendant: okay I ask you to we get back to this year and e-mail I'm reading this this sounds
20
like a coach and description to a to a landlord of a problem but the toilet can you specifically
21
22
tell me what is so surreal or obtuse about this e-mail to you Dr. Merliss and Baker Your
23
Honor I am going to interpose an objection at this point Mr. Coughlin has identified what he
24
said were habitability issues again the court has now ruled on it twice that that his case is
25
26
confined to those issues these bringing up new stuff on Coughlin Junction
27
Judge: well the toilet is part of that but I don't believe it's habitability it's not defined
28
plumbing is
Defendant: outlets plumbing
Judge: so if you establish serve the it was leaking but the e-mail doesn't establish that is just
3
4
establish is you complained about it the smell of urine
Plaintiff: the e-mail doesn't establish that there is urine sludge building up? How
Judge: well you yourself said in the e-mail that you don't know what it is
Plaintiff: in the introductory there several e-mails the e-mail is saying look we've got this
8
9
10
11
pulling disgusting smell of urine sludge behind the toilet

Judge: you said you may be been over the rim because you're tall you're not sure if it's that or
if it's a leak or if it's the wax ring or if it's the ring inside the toilet bowl where crystals of
12
13
urine are being formed
14
Plaintiff: there is a bad smell and there's a pooling sludge behind it so and it's right next to
15
the shower it's hard to tell of condensation
16
17
Judge: Sir the question is though did the eviction you because you complained about the
18
toilet and the evidence you presented me here is that he didn't give it to because of that in fact
19
see said Alston and Tony over next week and then he goes further to the next e-mail he says
20
that will be out of the country until the ends of March if there's a maintenance issue please get
21
22
to estimates choose the most reasonable and take it off the next rental check I will be on the
23
valuable or I will I will be a valuable by e-mail thanks Matt
24
Defendant: how was the toilet situation eventually resolved Dr. Merliss
25
26
Merliss: Antonio said the toilet was fine
27
Plaintiff: and that close the book on it
28
Merliss: for me it did

Plaintiff: yeah you had tenancy were saying there's a disgusting urine sludge smell pooling
behind the toilet and a close the book for it
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4
Merliss: Well, Zach, you said that you might've caused the problem yourself I can't help you
with that if you caused that problem that's it
Defendant: Your Honor I'm been object to counsel Baker's constant unprofessional smirking
is just rude ticket less I've listen to the tape of this this hearing and he smirks and does this
8
9
10
11
laugh saying like 45 times just ridiculous

Plaintiff: all try to control myself Your Honor
Judge: all right Sir go ahead
12
13
Plaintiff:'s youth of the part were insane I don't want to send out thicker rope plumber who
14
charge you on like 150 bucks to come out stated you an insight into command-and-control
15
black-market low price maybe
16
17
Judge: Sir that is argumentative you are to ask questions not to argue about what he did or
18
didn't do
19
Plaintiff: my question is did you take the part of these e-mails were he said you know I want
20
to be sure I'm not wasting your money to send somebody out here just airing your and that's
21
22
combining with condensation from the shower and making this pool and thing but I think it
23
might be a wax ring problem you took that Mike kind of ambiguity there to just kind of mean
24
oh ignore it?
25
26
Merliss: you are not asking you a question Mr. Coughlin you're making a statement by the
27
want me to do please
28
Plaintiff: how did you take that kind of ambiguity you refer to
Merliss: I spoke with Antonio sent them out he looked at it he said there wasn't a problem do
you have a question
3
4
Plaintiff: did we follow up with them
Merliss: you never mentioned it again was there another e-mail about that serve Coughlin?
Judge: Sir Buchanan argue either in the Merliss I'm sorry on
Judge: is inappropriate for you to be asking him questions and it's inappropriate for you to be
8
9
10
11
making statements so asking questions Mr. Coughlin

Defendant: yes or Dr. Merliss can you follow the chain of e-mails with respect to the nine
issue urine issue and tell me that after the confusing e-mails the ones that you describe is
12
13
confusing there was a follow-up e-mail was there on page 22
14
Merliss: it's hard to understand your questions Mr. Coughlin
15
Judge: he read those two e-mails Sir is there 30 mouth? Mr. Coughlin? Coughlin
16
17
Plaintiff: there is an e-mail of 215
18
Judge: okay on page
19
Plaintiff: to 16
20
Judge: on page 21 there is an e-mail dated to 15 RA then there is a response on to 16 at 7:57
21
22
AM to you that says all San Antonio over next week then on page 22 on 217 there is an e-
23
mail dated 2/16/11
24
Plaintiff: why on 3/14/11 Dr. Merliss to you suddenly send an e-mail talking about to
25
26
estimates is that in relation to the toilet and had Antonio not between 2/16/11 3/14/11 had he
27
not fix the toilet and why did you send him over if he said there was no issue
28
Plaintiff: objection compound question

Judge: okay first of all let's start I don't know that the 3/14/11 is related to that I just assume
that it it was your the one who put together this chain of e-mails so I don't know if there's any
3
4
e-mail between 2/16/11 and 3/14/11
Defendant: my recollection: is that Melissa Lee Ella had to call Dr. Merliss
Judge: Sir you're not testifying the question is is there another e-mail between 2/16/11 and
3/14/11
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9
10
11
Plaintiff: that's my question for Dr. Merliss

Judge: RA well all right will all let him
Merliss: on which page please
12
13
Plaintiff: on page 22 with the 2/16/11 e-mail and the 3/14/11 e-mail
14
Judge: 2/16/11 e-mail is from the defendant to you it's at the top of page 22
15
Merliss: okay to 16 and 3/14/11
16
17
Judge: 3/14/11 purports to be from you to him
18
Merliss: well I don't see anything between 2/16/11 and 3/14/11 on this paper
19
Defendant: do you know why you would've written me on 3/14/11 out of the blue to say get
20
two estimates enter deduction do you know whether it was related to the toilet been fixed
21
22
Merliss: if there is a maintenance issue of any kind Mr. Coughlin because just to make it easy
23
for you any kind of a maintenance issue that you have anything you need to get to estimates
24
save the receipts take that the take the most recent
25
26
27
Defendant: does it say save the receipts Sir? Does this case saved the receipts in your e-mail?
Merliss: no
28
Defendant: are you just kind of adding that contemporaneous to your rereading of the e-
mails Sir
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4
Merliss: right at the beginning of this lease we talked about how we would do things
objection
Defendant: objection hearsay
Defendant: to you see where it says save the receipts Sir? Did you just add that you're
8
9
10
11
reading?
Judge: objection hearsay? It's not hearsay so that objection is overruled but go ahead and it
answer the question
12
13
Merliss: G what me to read the e-mail to you?
14
Defendant: wow you just added that to the e-mail?
15
Judge: Sir I told you to not comment on the testimony
16
17
Defendant: yes or
18
Judge:: go ahead you can read it
19
Merliss: will be out of the cut I will be out of the country until the end of March if there is a
20
maintenance issue please get to estimates choose the most reasonable take it off the next
21
22
rental check I will be a valuable by e-mail thanks
23
Defendant: and then does it say one more thing there Matt
24
Merliss: Matt
25
26
Defendant: below that though
27
Merliss: noxious weed ordinance. I did not write that
28
Defendant: oh I think that's part of the next e-mail never mind withdrawn
Merliss: I didn't write that.
Defendant: I don't think he did Sir. Okay and then just skip ahead to kind of the dnouement
3
4
of this situation in August 11, 2011 if I can just quickly get your
Judge: What page?
Defendant: page 25
Judge: are I won't give it to him
8
9
10
11
Defendant: do you see approximately line 16 where it says wrote quote wrote you about the
fallen insulation downstairs in the expose mold exposed mold both on the floorboard and
insulation you never responded please do, and quotations do you see that part?
12
13
Merliss: yes.
14
Defendant: did you is that correct had you not responded to some written notice of mold and
15
insulation
16
17
Merliss: this came after I asked you to pay the rent. I was we were discussing the rent
18
payment and all of the sudden none of this came up before the
19
Plaintiff:: you had never been alerted of the mold issue prior to that?
20
Merliss: no.
21
22
Defendant: ROK okay Willis is go back to page 19 Sir where there is talk of I believe it's
23
actually age that well where there's talks of bats be a TTS early are on earlier on yet page on
24
okay on page 19 so you're saying you'd never heard of that before from that August e-mail to
25
26
hear back in May write about mind 10
27
Defendant: did you just ignore it when you got it ready in Thailand or what
28
Merliss: no
Defendant: know what
Merliss: I wasn't sure exactly what you wanted
3
4
Defendant: did you right back seeking clarification
Merliss: I don't know if I did or didn't
Defendant: you don't know? Whether you did or did not address a problem with potentially
toxic mold and in the home which somebody was paying you money for
8
9
10
11
Merliss: we send somebody over there and he wouldn't let the men.
Plaintiff: when was that was that close in time to this may 14th notice
Merliss: this was a few weeks ago we sent over Nash
12
13
Defendant: so was at a good 14 months later new line Merliss we sent over Nash and Mr.
14
Fisher to have a look
15
Defendant: is that within the 14 days to 14 days called for to fix in this statue or did the
16
17
statutes not apply to you
18
Plaintiff: objection calls for legal conclusion
19
Judge: wait a second mummy rule on the objections please also sustain the objection go
20
ahead with your next question
21
22
Defendant: so does this establish your earlier testimony that the first time this insulation
23
issue was ever brought up was right after you mentioned hey you owe me rent he said that
24
about 5 min. ago and that was from this August 11 e-mail and then your testimony is
25
26
seemingly contradicted is meant by this may 14th issue may 14th e-mail wherein the mold
27
issue is clearly set forth in writing to you or is that not right? Did you just contradict yourself?
28
Judge: will wait a second the question is confusing me now

Plaintiff: okay I brought up the I went to the dnouement the untying of the not the end of
the play where in August when things started to get a little heated between us and I said what
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4
what did you do August 2011 when I wrote you about the insulation August 11 and Dr.
Merliss said he you only brought that up when I asked about the back rent and I said all had
and I brought it up earlier?
Judge: I recall that but the question is what is your question
8
9
10
11
Defendant: well you said that August was the first time that that was brought up now we see
a may e-mail did you just forget about that earlier were you not remembering in were you
being untruthful?
12
13
Merliss: when you read this e-mail Mr. Coughlin ICU describing something you are
14
describing no vapor barrier 8 x 6" mold infested bats you have some deal that she wants but
15
you haven't really asked for anything you're saying we are only offering ways to address these
16
17
matters I don't really know what you're asking for and that's how a lot of these e-mails are Mr.
18
Defendant: I don't know exactly what you want
19
Defendant: so is it just kind of a just don't really respond or do anything see if they just give
20
up?
21
22
Merliss: no it's not that Mr. Coughlin
23
Defendant: it's not that what is it then Sir?
24
Merliss: Mr. Coughlin you had every opportunity to have a maintenance man at a pest man
25
26
in your house
27
Plaintiff: Win form team months after this e-mail Sir
28
Merliss: you refuse to allow a person inside the house

Defendant: how much notice was given for that
Merliss: you didn't want them to see your house Mr. Coughlin
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4
Plaintiff: what you mean you had every opportunity Mr. Coughlin between May in the
middle of August I had every opportunity to live with toxic mold in the insulation is that what
you mean Sir
Merliss: Mr. Coughlin we don't even know if you cause that molds yourself we haven't been
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9
10
11
able to see it
Defendant: did you get the pictures I sent you where the insulation that shoe seemingly hung
upside down because he the fire fire layer is supposed to be abutting the floorboard
12
13
Judge: Sir
14
Plaintiff: did you get the pictures where they fell into the vapor barrier is less ground
15
Judge: Sir you keep saying toxic mold do you have some results Lab tests or anything that
16
17
show it was toxic mold
18
Defendant: of have to check my records
19
Judge: alright I'll go ahead that
20
Plaintiff: so you get this may 14th e-mail and you read it and you say that I see he's quoting
21
22
me some figures he's saying ways to address this matter he's saying something about mold
23
and health issues and infested and no vapor barrier and fell from the ceiling I I just so I don't
24
really see any impetus to do or respond to this in any way is that kind of your thought process
25
26
27
this is the kind of your thought process there and then to do something
Judge: weight weight that the question
28
Plaintiff: objection argumentative mistakes prior testimony and assumes facts not in
evidence
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4
Judge: all overruled the objection go ahead Dr.
Merliss: Mr. Coughlin if you had said to me I'd like somebody to look at this issue I would
send them out right away I would send them the next day to look at it
Plaintiff:: and you didn't take that e-mail as a request to have the issue addressed
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9
10
11
Merliss: after that urine e-mail I wasn't sure what to think about you Mr. Coughlin
Defendant: but sir that urine e-mail I believe came after the insulation e-mail
Merliss: these other e-mails
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13
Defendant: so now it's kind of not adding up what you're saying
14
Merliss: these other e-mails Mr. Coughlin
15
Plaintiff: what other e-mails are
16
17
Merliss: they are unclear
18
Defendant: what other e-mails this insulation the e-mail is from May 2010 so
19
Merliss: I testified I had problems understanding if you're complaining whether you want
20
something or whether you're trying to get some money see you could do a project I can't it's
21
22
hard for me to understand those three things
23
Defendant: is that because you are busy with your medical practice and don't have a lot of
24
time to review these real thoroughly in your medical practices really real important?
25
26
27
Plaintiff: objection argumentative

Judge: sustained
28
Defendant: I am trying to ascertain why these e-mails seem so confounding to you Dr.
Merliss can you help me understand that it is it because you are busy?
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4
Judge: Sir you asked a question then let him answer
Defendant: yes Your Honor
Merliss: I just explained it I can't tell whether you're asking for something complaining or if
you are trying to get me to pay some money for something you want to do the work in make
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10
11
money I can't tell what you want they have never been clear they are not submitted clearly
there is always a tone of some sort of bargaining I don't understand what you want from me
Defendant: and does that make you feel uncomfortable the bargaining aspect of it
12
13
Merliss: it it makes me not understand what you want it's hard for me to help you if I don't
14
understand the other thing is that Melissa the yellow sent me monthlies monthly letters that
15
everything was fine back completely disagrees with what your complaints here
16
17
Defendant: do you know if work was being done around the house who was doing it?
18
Melissa or me?
19
Merliss: I don't know I was told that you didn't even do the weeding
20
Defendant: by whom?
21
22
Merliss: I was told that I paid you $350 and then that you didn't do anything
23
Defendant: by who?
24
Merliss: I by Darlene.
25
26
Defendant: when
27
Merliss: a few months ago that is why I had to pay a few thousand dollars for extra weeding
28
Defendant: for the property I rent?

Merliss that's right
Defendant: you paid a few thousand dollars on top of the $350 you agree to to have the
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4
property I rent weeded
Merliss that's correct
Defendant: okay if we go to June you agree to a $350 rent deduction if I would take care of
the weeds and you used three exclamation marks to To say alright
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9
10
11
Merliss: good
Defendant: so how long after you writing that e-mail where you agreed to that did it take for
Darlene to say he didn't do it and then for you to say I'm good to go pay somebody to grant to
12
13
two grand
14
Merliss: when the landscapers came I asked how the weeds looked over at your house said I
15
don't even think he did anything let's do the other house
16
17
18
19
20
Judge: I'm good at Europe right now because I've already ruled that we debate as I read the
statute is not habitability like
Defendant: it's a noxious weed or its complaining about a noxious weed or its
Judge: complained to who you are not talking about complaining now
21
22
Plaintiff: I believe I called the city of Reno Reno direct about it
23
Judge: of K
24
Defendant: and I know I told Dr. Merliss
25
26
Judge: okay I'm good with prepaid further questioning along these lines at this time because
27
it's clear to me that you complained the landlord about noxious weeds I perjured testimony
28
that maybe you complained the city of Reno

Plaintiff: I'm not asking about weeds not I'm going to credibility and Dr. Merliss continually
says one thing and then gets cornered somewhere and then has to switch of the story and it
3
4
don't care about the weeds right now what I care about is
Judge: well I do because I have been here for the better part of four or five hours listening to
this
Defendant: yes or
8
9
10
11
Judge: and is coming to answer

Plaintiff: is Your Honor it if I can finish this last line of inquiry with respect to the
inconsistencies and Dr. Merliss a statement then I will arrest
12
13
Judge: okay
14
Plaintiff: Plaintiff: Dr. Merle us is it fair to say that you agree to our $350 rent deduction for
15
the weeds
16
17
Coughlin
18
Merliss: and offered that to
19
Defendant: you offered that of the blue were
20
Merliss: I offered that in response to
21
22
Defendant: you offered it to me in response to my e-mail to you Zach correct
23
Merliss: yes
24
Defendant: okay and then house soon thereafter did you in Darlene have this conversation
25
26
about I don't think he did anything?
27
Merliss: I don't remember
28
Defendant: would use it was a month later?

Merliss: I don't remember.
Defendant: okay how soon after you agreed to the rent deduction wherein you wrote hi Zach
3
4
the 350 seems okay please take it off the rent thank you and then you put three exclamations
points how soon after that did the green action law crew, after an essentially attempt to do the
same weeding on the same property?
Merliss: I don't remember
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9
10
11
Defendant: okay well I can see in these e-mails where it's within four days so that would
imply that Darlene are your same Darlene said we should spend a couple grant sending green
action back over there because four days has passed since you agreed to a $350 deal with
12
13
Zach?
14
Judge: Sir you're making a statement.
15
What is the question
16
17
Defendant: Your Honor the question is how does that make sense?
18
Judge: you can argue that you got the e-mail Steve can argue that to me
19
Defendant: okay my question is you only let four days go by from when you paid one guy
20
$350 to do a job to where he said he didn't do a good enough I am going to spend two grand
21
22
hiring this other crew guys to do the same job? Does that make any sense?
23
Merliss: I am not sure how this is relevant Your Honor he got paid for the weeds and he's
24
objecting to me hiring somebody else to do the weeds I don't understand that rate
25
26
Judge:: well whether you understand it or not the question is was it four days?
27
Merliss: I don't know.
28
Judge: all right.

Defendant: so if you sent this e-mail on Saturday, May 21, 2012 saying great sounds good
let's do it three $5350 and then on may 24 2012 three days later you get the e-mail from me
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4
wherein I detail the conversion and larceny and property destruction to my property that's
three days so I guess you are saying in the span of three days Darlene called to in complained
that I haven't done the weeding good enough and you say yes let's wrote $2000 that that?
Plaintiff:objection relevance Mr. Coughlin got his $350 credit what is the problem
8
9
10
11
Defendant: it's nonsensical it goes to his credibility.

Judge: okay well I've heard enough of the so I'm going to sustain the objection
Plaintiff: I'll keep my word Your Honor that's all I have
12
13
Judge:: all right any question
14
Plaintiff: I have some brief redirect or excuse me cross Your Honor Dr. Merliss I'm handing
15
you one has been pre-marked for identification purposes plaintiff's exhibit H do you
16
17
recognize this?
18
Merliss: yes
19
Plaintiff: okay is this an e-mail from well it looks like an e-mail from Darleen to you at the
20
bottom is that right?
21
22
Merliss: yes
23
Plaintiff: okay I want to focus on TUC where it says your name map Merliss,
24
magunda@aol.com wrote:?
25
26
Merliss: yes
27
Plaintiff: okay below that is that an e-mail to you from Zach is that marked
28
Plaintiff: oh outside witnesses the original

Judge: okay yeah what a nice switch it out and let Baker would you please read your e-mail
to Zach Coughlin plays
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4
Merliss: Zach can you give us a time for the handyman please also at 330 tomorrow Nash's
pest control will be coming to look at your alleged mold issues please get back to me and to
Darlene her e-mail is stars@softcom.net
Plaintiff: and what was Mr. Coughlin's response? Lopez: I don't see in here
8
9
10
11
Plaintiff:: it's just above where your name is

Merliss: oh: two days no good look of statutory notice NRS section landlord tenant.
Plaintiff: can you tell the date of Mr. Coughlin's response?
12
13
For less is just above his message it is just above his message
14
Merliss: August 15, 2011
15
Plaintiff: why did you arrange to have Nash's pest control to look at the alleged mold issue?
16
17
Merliss: because he complained about
18
Judge: okay exhibit H will be admitted
19
Defendant: Your Honor objection do we have a duty why is there no date for when the date
20
bias or no date for when Mr. Merliss sent the e-mail
21
22
Judge: what you can get your copy and show it
23
Plaintiff: I'm not sure if I have a copy Your Honor
24
Judge: wanting have a copy scenario copy of every other e-mail Sir
25
26
Plaintiff: I'm not that confident of that Sir
27
Defendant: but it does seem as though it's kind the same day notice that the applied for
28
inspecting law office inspecting the law office

Judge: well it's a day before super
Defendant: I don't see that Your Honor
3
4
Judge:: wall on the molds it is the other part is the handyman can come over to look at the
supposed fallen insulation issue this afternoon but the other one is for the next day
Defendant: okay and the lease calls for 48 hours.
Judge: all right will you said it was a major problem
8
9
10
11
Defendant: eight months prior yeah eight months prior it had been a major problem
Judge: I don't know how was eight months
Plaintiff: okay well it was the first issue of mold coming up I believe was
12
13
Judge: you said it was made but
14
Plaintiff:
15
Judge: she said it was may
16
17
Plaintiff: I believe it may have been prior but all right I could go with may all right so these
18
months go by and all the sudden it's we need to get in there today
19
Judge: Sir you have a witness your understand is been examined by another attorney and you
20
are testified like Coughlin I understand that sorry
21
22
Plaintiff: Dr. Merliss was due to stay on exhibit H for one second please the date and time of
23
Mr. Coughlin's response August 15, 2011 12:29 PM do you see that on H exhibit H
24
Merliss: page 106
25
26
Plaintiff: excuse me page 107
27
Merliss: 12:29 PM the date
28
Plaintiff: okay I want to go look it up I exhibit I do you recognize this document

Merliss: okay exhibit I okay
Plaintiff: would you agree with me Sir this is the same document with the exception of a new
3
4
response from Mr. Coughlin?
Merliss: yes
Plaintiff: okay what is the date and time of Mr. Coughlin's response in exhibit I
Merliss: 1233
8
9
10
11
Plaintiff: p.m. so 4 min. later is that correct

Merliss: yes
Plaintiff: and what does Mr. Coughlin say?
12
13
Coughlin
14
Merliss: e-mail is not a reliable means of getting all hold of me for the time being best talk
15
provide notice/correspondence via traditional means.
16
17
Plaintiff: okay did you in fact have Mr. Nash from Nash pest control go out to the property to
18
inspect the mold issue
19
Merliss: yes we did
20
Plaintiff: and what happened?
21
22
Merliss: he said he was there he saw movement through the window and in he knocked on
23
the door tried to get in knocked and knocked and nobody would let amend would let him in.
24
Judge: okay exhibit I is admitted as well
25
26
Plaintiff: thank you sir
27
Plaintiff: Your Honor that's all I have on cross
28
Judge: cross limited to this issue Sir

Defendant: yes or Your Honor new Dr. Merliss are you aware that in the lease agreement
inspections call her inspections or any entry into the property require a 48 hours written
3
4
notice?
Plaintiff: Your Honor Sir exhibit or something first seat asking this question
Defendant: yes or Your Honor I believe Exhibit 1 lease is entered and I believe that
subsection's only two pages I believe it's 23 or 28
8
9
10
11
Judge: well I will give him my copy and exhibit E you will hang on Sir exhibit E. Where in
exhibit E do you want him to look
Defendant: six is titled inspection
12
13
Merliss: one number please?
14
Defendant: I'm sorry ma'am trouble locating I believe maybe 1323 or 20
15
Merliss: 13 is utilities 23 his damages
16
17
Judge: I have 13 is utilities 14 his pets 23 his damages inspection 25 resident agrees to permit
18
management to ensure the premises at all reasonable times and for all reasonable purposes
19
including showing to prospective residents buyers, loaners, blah, blah, blah with lawful
20
business and for lease one maintenance inspection each month in accordance with NRS
21
22
requirements management agrees to give resident twice the 24 hour nap notification
23
requirement for entry.
24
Defendant: did you know what that requirement my Intel and held twice a requirement
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might entail and how that related to your request for a same-day inspection
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Plaintiff: I'm going to object to a compound question and him calls for a legal conclusion as
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well
Judge:: alright well the thing is it does not prohibit anyone from asking to if to inspect the
premises even one hour ahead Sir
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Defendant: from asking?
Judge: yet from asking
Defendant: okay but does it prohibit going in hiring an attorney the next day if someone
doesn't let you? And in seeking an eviction
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Judge:: that's the arguments are

Defendant: well it's this is August 15, 2011 on August 16, 2011 I got an e-mail from
Richard Hill Richard G Hill Esquire attorney-at-law
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Judge: okay sir your testified anything else your testified anything else in terms of questions
14
Defendant: why did you go in higher Richard Hill seemingly within 10 hours after this or
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had you already hired him? No I'm sorry: question compound. Why did you hire Richard Hill
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seemingly immediately after this e-mails?
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Merliss: Mr. Coughlin your behavior is an example of that I did the right thing
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Defendant: is that responsive? Why did you do that?
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Merliss: it is responsive.
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Defendant: okay why?
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Judge: he said your behavior Sir
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Merliss: because of your behavior Mr. Coughlin you are unreasonable
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Defendant: because I asserted by rights to notice for an inspection under the lease?
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Merliss: no it was because you alter the documents
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Defendant: what documents did I alter Sir?

Merliss: this one.
Defendant: what?
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Merliss: you change 24 to 48 hours.
Defendant: when?
Merliss: you also change the
Defendant: well that's a
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Merliss: you also change $3.30 dollars a day

Judge:: can I see that
Merliss: you also change the pet cause Mr. Coughlin didn't you?
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Defendant: what are you referring to
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Merliss: to the lease Mr. Coughlin.
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Defendant: you're not asking questions or
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Merliss: the deceptively altered the lease Mr. Coughlin
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Coughlin
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Merliss: you're asking why
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Defendant: objection non responsive
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Merliss: you're asking why hired Richard Hill
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Defendant: objection non responsive
24
Judge:
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Merliss: he's playing
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Defendant: he's playing lawyer on the witness stand
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Judge:: I heard him respond to your question but he said because you altered the lease.
Defendant: I am going to move to strike his defamatory accusations unless he has some
bases for making such sweeping defamatory or libelous statements about a licensed member
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of the number of the bar what you mean by altered do you mean you sign the lease and then
somebody changed it after you signed it? Is that what you mean Sir?
Merliss: in a deceptive way.
Defendant: so wait are you saying somebody changed the lease after it was signed by both
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parties?
Merliss: no
Defendant: okay so what are you saying
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Merliss: I am saying that you did not notify me he did not bring it to my attention clearly you
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did not write you did not attach a sticky you didn't verbally inform me that she were going to
15
change the pet rule that you are going to change $30 the day late fee to three dollars the day
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and that you were going to change 24 hours to 48 hours inspection notice
18
Defendant: on what basis are you making these accident accusations what proof do have
19
Merliss: because I saw the him or the original boilerplate lease
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Defendant: did you see it before you signed?
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Merliss: I sign this lease with your changes I signed it because I didn't notice that you had
23
alternate altered it
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Defendant: so are you saying you were kind of inattentive and not too detail oriented much
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is you were as a landlord
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Merliss: that's what I'm saying
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Plaintiff: objection argumentative

Judge: okay were done were done were done any other questions Sir?
Defendant: Your Honor I mean if somebody and asserts they have rights to notice for
3
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inspection and then somebody gets an eviction notice an attorney litigation demand letter 10
hours later I don't think I have anything more I could ask
Judge: Sir I asked if you had a question okay wanting you step down Dr.
says it all here bring closing argument so I'll give you 5 min. each and then all rule so go
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ahead
Plaintiff: Your Honor I would like a ruling from the court today however I do have rebuttal
witnesses Your Honor Mr. Fisher the handyman was here today Zach Nash has submitted an
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affidavit to me he was also under subpoena but he had a death in the family on Friday and has
14
a funeral today so I would ask the court for essentially a directed verdict at this point but if
15
the core is not going to grant the eviction than I would ask that I am allowed to put my
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rebuttal witnesses on I am happy to go through an argument at this point Your Honor but I am
18
Judge: I am not going to have it were going to have to continue at this
19
Plaintiff:, I understand I don't want it continue therefore going to get it eviction order today
20
Judge: well I can't tell you and tell I hear the arguments
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Plaintiff: I understand
23
Judge: me I the defendant has the rights to make an argument you have a right to the
24
argument stance tell you what I'm going to do until I hear the arguments
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Plaintiff: well I think customarily it's the defendant gets to go plaintiff gets no less
27
Judge: one actually is you are burdened so sure burdened so it's his burden on the retaliatory
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part of it but it sure burdened on the eviction itself

Plaintiff: okay thank you Your Honor with respect to plaintiff's burden the plaintiffs plaintiff
has introduced evidence that the lease terminated by its terms at the end of February 2011
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thereafter Mr. Coughlin was a month-to-month tenant pursuant to NRS 40.251 or Coughlin
was properly served with a no cause termination notice to vacate on August 22 as exhibit B
exhibit C is the five day notice of unlawful detainer based on Mr. Coughlin's failure to vacate
the premises after his tenancy was terminated the affidavits and testimony presented here
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today and form conforms with the statute conformed with the form promulgated by the
Nevada Supreme Court and with the form provided by this court plaintiff has met its burden
to show that Mr. Coughlin was a month to month tenant in August 2011 when the termination
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notice was properly served the eviction notice was properly served Mr. Coughlin now bears
14
the burden Your Honor it shifts to him to present and substantiate a legal defense now the
15
legal standard for summary judgment in Nevada which is what were doing dealing with here
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is that Mr. Coughlin must again transcend his allegations of his pleadings and show by
18
admissible evidence that there is a disputed issue of fact that he has a legal defense as a
19
matter of law he has not done that Your Honor he has identified only a couple of things and
20
despite great latitude by the courts to to present evidence and establishes legal defense he has
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failed to do so NRS 118A.510 that is the retaliatory eviction statutes now Mr. Coughlin chose
23
to focus on subsection 1B a complaint that he complained in good faith to the landlord or law
24
enforcement agency for a violation of this chapter or of a specific statute that imposes a
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criminal penalty we talked about this at length today Mr. Coughlin identified one e-mail
27
which he admitted on a cross examination does not identify a specific statute that imposes a
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criminal penalty and I think we need to be extremely clear. With this statute the statute
requires the tenant has complaint in good faith to the landlord of a specific statute that
imposes a criminal liability he did not do that he did not identify a statute he alleged
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something about some landscapers damaged the carpet he's read on the lawn that does not
satisfy the statute Your Honor moving down the statute to sub EEE the tenant has instituted
or defended against judicial or administrative proceeding or arbitration in which the tenant
raised an issue of compliance with the requirements of this chapter respecting habitability of
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dwelling its. That cannot be. He notices the first no cause termination notice to vacate exhibit
B was served on August 22, 2011 Mr. Coughlin did not institute or defendant any proceeding
on any habitability issues until after those notices were provided Dr. Merliss can't retaliate
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for something that is going to happen in the future that has not happened yet Mr. Coughlin
14
cannot proceed under that statute to the extent Mr. Coughlin is complaining about this small
15
business first of all the may e-mail in Exhibit 8 does not qualify in or satisfied the statutes
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regarding notice to a landlord about a habitability issues and Dr. Merliss drove this point
18
home when he testified that he didn't understand what Mr. Coughlin was asking for I mean if
19
you look through these e-mails what Mr. Coughlin does is he identifies something he claims
20
is some sort of problem and then he tries to bargain some money off of the rent for he has not
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produced to mean he does not say in then they e-mail this is my notice to you under NRS 118
23
A .355 I am going to withhold this rent unless you fix this he just says we've got this issue he
24
is later come for the court and he has told it that he fixed it to the tune of $500 well he is not
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produced in receipt is not produced a bit or invoice from contractor he hasn't produced
27
anything furthermore Your Honor under NRS 118 A355 so to the tenant may not proceed
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under this section if the landlord's inability to adequately remedy the failure or use his best
efforts to remedy the failure within 14 days is due to the tenant's refusal to allow lawful
access to dwelling unit as required by the rental agreement or this chapter Dr. Merliss
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testified that he tried to send Zach Nash out there he tried to send Randy Fisher the handyman
out there they weren't allowed in nine Your Honor if the court is I have this gentleman ready
to testify sooner to that effect nevertheless Mr. Coughlin he cannot proceed under the statute
he has no defense if he doesn't let them in to fix. What is more Your Honor Mr. Coughlin
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wants to focus on this 48 hour notice under the lease if Mr. Coughlin is the one making a
complaint the complaints about these alleged it dishes came all being one of them which we
have no proof of that there is more than the house but let's just say for arguments sake he
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makes the complaint then he is waived the right to hide behind the notice provision of the
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lease or at the very least should be a stop from asserting it it's his request that's what were
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running into and that's what we see here on exhibits a through I Your Honor here. He here he
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is Mr. Coughlin makes a complaint about mold and insulation and here is Dr. Merliss
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immediately saying hey I'll get somebody out there will get this fixed note lookup statutory
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notice NRS inspection landlord tenant. Mr. Coughlin should be a stop from the from hiding
20
behind the notice provision in the lease with respect to Randy Fisher Your Honor I was not
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able to put him on the stand today but Mr. Coughlin was provided with substantial notice
23
more than 48 hours for Mr. Fisher to go inspect the window issue there was an electrical lied
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that's Mr. Coughlin identified. Mr. Coughlin cannot proceed under the retaliatory under the
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habit to excuse me under the habitability statutes if he doesn't allow lawful access to the
27
property in any event Your Honor nothing that Mr. Coughlin as not even made an attempt
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much less a showing to to have any of the issues that he identified as habitability type issues
the Windows the stairs the weeds the mold he is not made any attempt to have those fit under
the habitability statute
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Judge: well I tend to agree that under subsection see or EM sorry of 118A.510 one he he has
to have instituted or defended against a judicial or administrative proceeding based on
habitability which that is different than complaining about habitability which he can interests
through a separate lawsuit
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Plaintiff: yes
Judge: so I simply Simply complaining about habitability issues does not satisfy the
retaliatory conduct provision
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Plaintiff: that is exactly right Your Honor and in any event Mr. Coughlin has not shown as is
14
his burden to do that any of his complaints were in good faith under that statute or that Dr.
15
Merliss acted in a retaliatory fashion Dr. Merliss said I didn't evict you because of these
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things you didn't pay your rent we tried to help you you would let us that's not retaliation
18
Your Honor he's Mr. Coughlin is attempting to make logical leaps between him threatening to
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sue for retaliation and Dr. Merle is hiring our office that that is you know per se retaliatory
20
well what are you supposed to do when you're tenant threatens to sue you you gotta get a
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lawyer it's just simply not relevant in the logical leave is not their Sir. Your Honor the only
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issue before the court today his possession of the property in the court notice this and we've
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gone over this Mr. Coughlin has gone on and on and on about potential claims
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Coughlin Your Honor it's been 5 min.

Judge: they have 5 min. are up so go ahead Mr. Coughlin
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Coughlin thank you Your Honor just sit at the outset that I know I've been critical of Mr.
Plaintiff: at some point throughout this but I do think Dr. Merle us is gotten his money's
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worth is gotten some pretty solid litigating in most respects Your Honor I feel pretty strongly
about this case but I could see where possibly some other people would see other people feels
different ways I think it has a lot to do with maybe what you want this date in the CD to be if
you wanted to be a one where the people who aren't that powerful don't have much money but
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who demands that the law be followed or if you want to be a scarcity like that I guess you
would rule one way but if you're going to ruled the other way it seems to me that you would
have to make some torturous twists and turning her to find that Dr. Merliss all the sudden
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doesn't get his rent on August 11 he wakes up inspect the country August 11, 2011 notices his
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mortgage check hasn't been coming in every day on August 11, 2000 $.11 an e-mail saying
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hey what's up with this I want my money I don't want to hear about your complaints I want
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my money you're not gonna give me your money will guess what I'm sending to people down
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there right now one today and one tomorrow oh you want your notice guess what single
19
further communications to my attorney CIA like that kick you out on your ass in a big you
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and that's how it comes across to me and that's exactly what the legislature intended to
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prevent with 118 A.510. It has been educational to me an interesting certainly to try to present
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some of these arguments justice court ruled Las Vegas 44 certainly have good refer to your
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vast breadth of your experience and its approach in your courtroom there are considering your
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longest tenured mayor Reno's history

Judge: surgeon-escrow any points with so
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Defendant: on about try to score points Your Honor am trying to validate to myself that
someone is bringing to bear to his decision on this ability to see the whole field. What I'm
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worried about is what this does to we want to be Las Vegas do we want to be rule 44 Las
Vegas where is such a transient community people are handing out prostitution pamphlets got
all this super Las Vegas type stuff going on and so they had a knack rule 44 to allow them to
do certain things to deal with the craziness Reno's not Las Vegas Reno is months the most
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well read cities in the country I went to law school Las Vegas unfamiliar with Las Vegas I'm
from Reno unfamiliar with Reno investing in tenants rights and I have a background legal
services I work for Washoe legal services they have a landlord tenant section there I didn't
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work and I worked as a domestic violence attorney for a while but investing in tenants rights
14
is an investment in the community and that something that this community needs at this but
15
thank you Your Honor
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Judge: alright I am prepared to rule and I do first of all I do want to say I acknowledge the
18
defendant's argument with respect to rule 44 And Justice Court in Las Vegas and I have been
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unable to find a similar rule with respect to Reno justice court so my decision with respect to
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the escrow money will be separate from this but I do find number one that the landlord met its
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burden of proof with respect to unlawful detainer that the exhibits and the testimony
23
submitted to the court specifically exhibit B the tenant was notified of the no cause
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termination in a timely manner and with proper service exhibit C the tenant was notified five
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day notice of unlawful detainer and compliance with the statute and with proper service and
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therefore the defendant was an unlawful detainer effective as of the date of the beginning of
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these proceedings which was on artists I'm sorry well certainly by October 10 when the
landlord's affidavit was filed but certainly today without question further I have sitters the
tenant's arguments with respect to it retaliation specifically under 118A.510 with respect to
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subsection a although the tenant has complained about violations of building housing or hope
code I do not find there is any evidence that he made said complaint to a government agency
charged with responsibility for enforcement of that code second with respect to this
subsection be although defendant did present evidence today of destruction of carpet and
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alleged that it was a crime under NRS 206.330 205.270 206.040 there is no evidence that said
complaint cited a specific statute to the landlord but rather a general complaint about the
structure of this carpet and therefore I find it that subsection of the statute was not satisfied as
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will him and I further find that even if it was even if the landlord knew what you're trying to
14
say the landlord did not retaliate against you for that the landlord eviction was based on
15
nonpayment of rent not your complaining of your destruction of carpet and I also at the prior
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court proceeding I made findings with respect to the damages and those damages in total
18
were $2725 and that was the outside number and so I found that you owed at least $2275
19
even giving you the benefit of all the doubts and today there was evidence presented that the
20
stairs were only $75 I gave you $1250 for the stairs credit there was an e-mail presented
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today that indicated that it's all you are asking for was $75
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Defendant: bike preserve my objection for settlement offers been added
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Judge: will you can reserve your objection preservative I am making my findings are not of
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Judge: and then with respect to the noxious weeds first of all I find that that is not a
27
habitability issue second of all I find that under the lease you were required to maintain the
28
lawn and third this is under subsection a you didn't make a complaint the governmental
agency and there is no evidence that you did with respect to the noxious weeds the mold
insulation I do find that that could be a habitability issue clearly could be whoever again
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under 118A.510 subsection to make it retaliatory it has to be have been presented either in
action suit. By you or defendant against you against by you and the judicial administrative
proceeding or arbitration in which the tenant raised the issue of compliance with the
requirements of habitability and sense you didn't raise this issue until after the landlord had in
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fact file the complaint I find that that did not violate the habitability statute did not violate the
retaliatory eviction statute for all those reasons I find that the defense of retaliation does not
meet the requirements of chapter 40 specifically one second here specifically 40.253
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subsections 6 The Court determines that there is not a legal defense to the alleged unlawful
14
detainer and therefore the court to this grant the eviction with respect to the money in escrow
15
the court finds that that money is to the landlord however I am not going to order that today
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since the defendant is made argument that the court does not have enough fact a proper rule
18
with respect to escrow as similar to Las Vegas justice court rule 44 and therefore cents the
19
tenant still has the ability to appeal in this matter I will give him 10 days to file a proper
20
appeal which is the statutory time friend and if he does so that money will be used to satisfy
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his appeal bond in this matter if he does not do so then at that time a proper motion can be
23
made by plaintiff's counsel on this matter the eviction will be effective October 31 at 5 PM
24
Defendant: Your Honor is the IFP status bearing on the appeal or is that a whole new IFP
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bond?
27
Judge: I denied your IFP on the appeal but I am not sure if I actually did it in writing Sir
28
Defendant: but you granted to the instant case

Judge: I believe I don't recall
Plaintiff: but you denied it for the appeal?
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Judge: well the thing is there is enough money deposited that you don't need an IFP Sir
Plaintiff: it's all the money I have my name
Judge: while it may be but I am not releasing it to you but I am allowing you to use it to
satisfy the appeal bond in this case which would normally be three months rent are I
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Defendant: not double?

Judge: okay I will grant your IFP for this appeal if you go forward but the appeal you filed
was not a proper appeal Sir
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Defendant: okay at that point I get the rent escrow back?
14
Judge: no you don't get rent that what happens is it's gonna satisfy the appeal bond pending
15
your appeal to the District Court
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Defendant: so the the appeal bond toward the IFP doesn't apply to it
18
Judge: no. The of appeal bond a separate the IFP's for the filing fee that's all it's good for
19
Defendant: sometimes it covers depositions and
20
Judge: well it's not been a cover in this case are of Artie told you
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Defendant: and that's your ruling orders that Judge: dying embers because it would be in
23
District Court?
24
Judge: well you can argue District Court but it will be my ruling that you have to post appeal
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bond post an appeal bond and I will since there's some question about the money and the
27
escrow I am going to order that it satisfied the appeal bond in this case
28
Defendant: on believe I filed interlocutor he appeal about the escrow

Judge: yeah I know you did but so far as I'm concerned that was not a valid appeal
Defendant: okay
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Judge: but you can go forward with that appeal that's up to you are not going to advise you
Defendant: do we adjust the motion to stay here today Your Honor?
Judge: the motion to what question mark
Defendant: the motion to stay Your Honor
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Judge: the motion to dismiss is denied writing get a stay from the District Court if you want
Defendant: okay maybe I don't want to address the motion the state today if that's all the
inquiry that's going to be too voted to it devoted to it
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Judge: I have read during the recess your briefs and stuff but I'm denying a motion to stay
14
Richard Brisson stuff I'm denying a motion to stay so it's clear
15
Plaintiff: Your Honor I have two quick points with respect to an appeal bond Dr. Merliss is
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17
entitled to an award of fees under NRS 40.to put .54 sub three under NRS 40.254 sub three
18
Judge: what you can prepare proper memorandum of costs and fees
19
Plaintiff: yes or we will
20
Defendant: a prevailing party or in some egregious circumstances you get these?
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Plaintiff: it's in the statute
23
Judge: it's in the statute under chapter 40 in fact they can get three times the rent to
24
Defendant: for when the nerve because somebody just
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Judge: they could you need to read the statute
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Plaintiff: my point in bringing that up Your Honor is that we will be asking for that those
fees be considered part of the appeal bond in addition to the money already with the court I
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mean Mr. you seen the briefs Dr. Merliss has incurred substantial amount of fees
Judge: well I understand but I don't even have your memorandum of costs and fees
Plaintiff: we will make the motion
Judge: you make the proper motion and I will decide it
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Plaintiff: thank you Your Honor

Judge: it doesn't have to be decided today
Plaintiff: that's true Your Honor
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Judge: and in the meantime the money's not going anywhere nor do I believe this defendant
14
is going to come up with more money
15
Plaintiff: Your Honor we would like to ask the court for permission to inspect the property
16
17
prior to October 31 we've attempted to inspect in the past but we are very concerned about the
18
property being damaged between now and then
19
Judge: I have already told you that I would allow in order to inspect the property allowing
20
order to inspect the property and what is your position on that as to a time when it could be
21
22
accommodated Sir newly cough and you said my position on the time to accommodate that
23
and let
24
Judge: yeah
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Defendant: this emergency need to inspect it because it's good to be emptied in six days my
27
position is that it shocks the conscience
28
Judge: will okay I will grant the order 48 hours from today
Plaintiff: 48 hours from today we can and specs are
Judge: yes
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Defendant: and I just like to preserve for the appeal all the egregious conduct by the process
server and all these others other matters
Judge: what you can preserve everything you want Sir what you can preserve everything you
want Sir
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Plaintiff: shall I present prepare an order court

Judge: you can prepare the order
Plaintiff: I mean for the entire thing
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Judge: you can prepare findings of fact and conclusions of law in a judgment if you wish
14
Defendant: can I Your Honor?
15
Judge: yes you get if you want to do it and he can look at it but I would suggest that the
16
17
plaintiff prepared and submitted to you for comments
18
Defendant: well he is the one who got one years rent to litigate this case so
19
Judge: one years rent?
20
Bait Coughlin
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Plaintiff: and understand either Surrey
23
Defendant: yeah 900x12 months
24
Plaintiff: all prepare the order and submit it Coughlin for his review
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Judge: okay what you need to get it done you can both prepare orders and all picked the one
27
I want to sign
28
Plaintiff: you'll have by tomorrow answer

Judge: when will years be in Mr. Coughlin when will yours be in Mr. Coughlin
Defendant: well I will have to look at what records on the Your Honor records on that Your
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Honor
Judge: well if it's I'm going to give you today is Wednesday it will have to be done by
Thursday because I will be signing an order on Thursday no later than noon on Thursday
Plaintiff: noon on Thursday yes or
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Judge: alright y'all have a good day

Plaintiff: thank you
Defendant: thank you sir.
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1

JUSTICE COURT RENO TOWNSHIP

MATT MERLISS, MD, ; MATTHEW J.

TRANSCRIPT OF 10/25/11 CONTINUATION OF 10/13/11 SUMMARY EVICTION

Plaintiff: Just one moment, Your Honor.

Defendant: [INDISCERNIBLE 0:57] first.

Judge: Is that this? We'll hear it. Come up.

Plaintiff: I believe that would be it, Your Honor.

Judge: All right.

Plaintiff: Just to make sure [INDISCERNIBLE 1:21].

property was inspected or not.

Plaintiff: No, Your Honor. The property was not inspected.

Judge: Well, it may be effective, but it doesnt stay these proceedings.

to waste the court's time any more on this--

They'll have 10 days to respond to this.

[INDISCERNIBLE 3:45] yesterday.

bar we were unable to confirm, so what's your bar number?

to start would be to bring up Las Vegas Justice Court Rule 44.

important. Las Vegas Justice Court Rule 44 speaks to a situation--

Justice Court Rules, please? Thank you.

Defendant: That's what I'm -- that's what I meant to--

we don't have that here.

Plaintiff: Your Honor, may I?

Defendant: And there's two cases, Anvui and Glacier--

Judge: All right.

Defendant: That speaks to that one, Investment court.

Plaintiff: May I respond, Your Honor?

understand it, a continuation of the--

Judge: To establish whether or not he has a prima facie case.

then we will go forward from there.

you what your order was--

so we will find the order.

the record what the point of today's hearing was.

landlord Notice of that ahead of time on the habitability.

an affidavit to this summary judgment motion. It seems to me plaintiff's counsel--

Judge: Sir, I am working at this--

wanted. It cuts both ways.

Defendant: And we're in a Trial, so

Plaintiff: I might be able to find it, Your Honor. But

Defendant: Well, are we talking about [INDISCERNIBLE 19:52] 20 days or we have...

is it your desire to receive 20-days' Notice and go that way?

plenary Trial with like all this--

rent as of November 1st.

this to a full-scale plenary Trial.

Judge: I havent converted it to anything, sir.

that you would have to post rent

-- or use the office without paying rent.

Defendant: We don't have a corollary to that Reno, Your Honor.

citing Las Vegas Rules.

apply to landlord-tenant actions. So we're left with

Judge: We do have Rules that allow us to accept deposit, sir.

Defendant: From 118A. NRS 118A.

rent for the month of November--

Defendant: Your Honor, I just--

order and this shall be converted to a plenary Trial.

Plaintiff: That's not [INDISCERNIBLE 22:27]

Defendant: Exactly. Clerk: [INDISCERNIBLE 22:29]

too much to ask of any judge, you know, in my opinion.

Judge: Mr. Baker.

Defendant: Thank you, Your Honor.

Plaintiff: And we havent sworn, sir. Thank you.

Plaintiff: Well, he's about to.

Defendant: I am, Your Honor.

but the truth?