http://www.scribd.com/doc/153535545/4-18-13-0204-63041-Coughlin-v-Reno-Justice-Court-Clifton-Pearson-Notice-of-Appeal-13-11526 http://www.ccwashoe.com/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=CR13-0552&begin_date=&end_date= http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.u
Original Title
4 18 13 0204 63041 Coughlin v Reno Justice Court Clifton Pearson Notice of Appeal 13-11526 Dig
http://www.scribd.com/doc/153535545/4-18-13-0204-63041-Coughlin-v-Reno-Justice-Court-Clifton-Pearson-Notice-of-Appeal-13-11526 http://www.ccwashoe.com/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=CR13-0552&begin_date=&end_date= http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.u
http://www.scribd.com/doc/153535545/4-18-13-0204-63041-Coughlin-v-Reno-Justice-Court-Clifton-Pearson-Notice-of-Appeal-13-11526 http://www.ccwashoe.com/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=CR13-0552&begin_date=&end_date= http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.u
Tracie K. Lindeman Clerk of Supreme Court Docket 63041 Document 2013-11526 Judge Sattler is Coughlin's Iather's patient (Timothy D. Coughlin, MD is a Iamily physician). Judge Sattler serves on the board oI Washoe Legal Services, which Coughlin is suing, including in CV11-01955 (Judge Sattler inherited that case Irom Judge Elliott whom Iailed to disclose or recuse himselI where he sat on the Board oI WLS's co-deIendant, CAAW). 4/2/13 striking oI mandamus petition inappropriate. Quite clear that Coughlin was seeking the 2JDC to required the RJC judges to Iollow the law vis a vis NRS 178.405, where they Iailed to on 2/5/13 in rcr11-063341, and rcr12-065630, leading to a conviction Ior a SCR 111(6) 'serious oIIense in 12-065630 on 4/2/13. F I L E D Electronically 01-03-2012:03:31:20 PM Joey Orduna Hastings Clerk oI the Court Transaction # 2678526 Baker's 1/3/12 Iiling reads: OPPOSITION TO AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER Respondent, MATT MERLISS, by and through his counsel, RICHARD G. HILL, LTD. and CASEY D. BAKER, ESQ., opposes appellant's "amended emergency motion Ior temporary restraining order." Despite the complete lack oI merit oI the instant motion, Merliss has reIrained Irom disposing oI any property leIt behind by Mr. Coughlin pending this court's ruling on the motion. This opposition is based on the points and authorities below and all papers and pleadings on Iile herein. POINTS AND AUTHORITIES This is an appeal Irom a summary eviction granted in the Reno Justice Court. The pertinent Iacts Ior purposes oI this motion are as Iollows: 1. Respondent, MATT MERLISS ("MERLISS") is the owner oI the residential real property located at 121 River Rock, Reno, Nevada (the "PROPERTY"). 2. Appellant, ZACHARY BARKER COUGHLIN ("COUGHLIN"), was a tenant at the Property beginning in March 2010.Coughlin's rent pursuant to the lease was$900.00 per month. Coughlin last paid rent in May, 2011. As discussed below, the justicecourt rejected all oI Coughlin's reasons Ior not paying rent. 3. On October 27, 2011, aIter two evidentiary hearings on the matter, JudgeSIerrazza oI the Reno Justice Court granted a no-cause summary eviction in Iavor oI Merlissand against Coughlin. A true and correct copy oI the justice court's order oI October 27,2011 is attached hereto as EXHIBIT 1. 4. On November 1, 2011, Coughlin was lawIully and properly locked out oI theProperty. 5. On November 13, 2011, Dr. Merliss and Mr. Hill discovered Coughlin livingin the basement oI the Property.Coughlin was arrested and charged with criminaltrespassing at that time. A motion Ior order to show cause why Coughlin should not be heldin contempt oI the justice court pursuant to NRS 22.020 is currently pending in that court.It was clear that Coughlin had not made any attempt to remove any oI his belongings Iromthe Property beIore he was caught living in the basement, although he had been living thereillegally Ior two weeks. In Iact, Coughlin had an entire week between the October 25, 2011hearing, in which the eviction was granted, and November 1, 2011, when he was locked out, to remove his things, but apparently chose to use that time to get himselI holed-up in the basement instead. 6. During the time Coughlin was secretly living in the basement, Mr. Hill was sending him emails almost daily in an eIIort to get Coughlin to make some eIIort to remove his personal property Irom the residence. True and corrE.ct copies oI Mr. Hill's emai}s are attached hereto as EXHIBIT 2.. 7. On December 21, 2011, aIter a hearing on Coughlin's motion to contest Merliss' personal property lien, Judge SIerrazza entered another order. A true and correctcopy oI that court's order resolving motion to contest personal property lien is attachedhereto as EXHIBIT 3. 8. Pursuant to EXHIBIT 3, Coughlin was provided access to the Property on Thursday, December 22, 2011, and Friday, December 23, 2011. 9. On December 22, 2011, Coughlin sent an email to the undersigned and JudgeSIerrazza, in which he essentially announced that he was entitled to a stay, and to return toand continue in possession oI the Property. Judge SIerrazza quickly responded by email,and reminded Mr. Coughlin that the stay had been denied. A true and correct copy oI thatemail exchange is attached hereto as EXHIBIT 4. Coughlin removed very little oI hisproperty that day, and clearly intended to simply re-take possession oI the house, untilJudge SIerrazza disabused him oI that notion. 10. Coughlin Iailed to remove all oI his personal property Irom the premises, and a substantial amount oI cleanup remains to be done. Coughlin also Iailed to comply with the court's order that any person accompanying him to the property must sign the liability waiver attached to the court's order. 11. On Friday, December 23,2011, counsel Ior Merliss neglected to remove thepadlock to the back gate oI the property. Once notiIied, counsel promptly went to theproperty to remove the padlock, only to discover that the gate had been taken oII oI itshinges by Coughlin. Coughlin's access to the house itselI was never hindered. 12. While at the property to remove the padlock, Coughlin, on more than oneoccasion, screamed proIanities at Merliss' counsel, and, at one point, charged Mr. Hill andattempted to physically intimidate him. At least the audio oI this incident was captured ontape. 13. Nevertheless, at 5:00 p.m. on Friday, December 23,2011, counsel grantedCoughlin and his agents additional, unIettered, and unlimited access to the outside oI theproperty to remove any remaining items. The only condition placed on that access was thatCoughlin's helpers agreed to replace the gate on its hinges as best they could. Coughlin andhis agents Iailed to remove the remainder oI Coughin's property Irom the yard that night,and Iailed to put the gate back on the hinges. 14. On December 28,2011, Mr. Hill sent an email to Coughlin, oIIering himanother opportunity to Iinish retrieving his belongings Irom the Property. A true and correct copy oI that email is attached hereto as EXHIBIT S. Coughlin did not accept Mr. Hill's oIIer, or respond in any way to that email. 15. On December 29, 2011, the undersigned re-sent Mr. Hill's email to Coughlin. A true and correct copy oI the undersigned's email is attached hereto as EXHIBIT 6. Coughlin did not respond in any way to that email. 16. On December 30, 2011, Mr. Hill revoked the oIIer extended in his December 28, 2011 email. At true and correct copy oI that revocation is attached hereto as EXHIBIT 7. ReIerence is made to the declaration oI Casey D. Baker, Esq., attached hereto as EXHIBIT 8, Ior authentication oI EXHIBITS 1, 3,4, 6, 10 and 11. ReIerence is made to the Declaration oI Richard G. Hill, Esq., attached hereto as EXHIBIT 9, Ior authentication oI EXHIBITS 2, 5 and 7. LAW 1. ReIerence is made to NRCP 65(b), which provides in pertinent part as Iollows: A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only iI (1) it clearly appears Irom speciIic Iacts shown by aIIidavit or by the veriIied complaint that immediate and irreparable injury, loss, or damage will result to the applicant beIore the adverse party or attorney can be heard in opposition, and (2) the applicant's attorney certiIies to the court in writing the eIIorts, iI any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. NRCP 65(b) 2. ReIerence is made to NRCP 65(c), which provides in pertinent part as Iollows: except the payment by doing done, No restraining order or preliminary injunction shall issue upon the giving oI security by the applicant, in such sum as court deems proper, Ior the oI such costs and damages as may be incurred or suIIered any party who is Iound to have been wrongIully enjoined or restrained. NRCP 65(c) ReIerence is made to NRS 33.010, which provides in Iull as Iollows: An injunction may be granted in the Iollowing cases: 1. When it shall appear by the complaint that the plaintiII is entitled to the relieI demanded, and such relieI or any part thereoI consists in restraining the commission or continuance oI the act complained oI, either Ior a limited period or perpetually. 2. When it shall appear by the complaint or aIIidavit that the commission or continuance oI some act, during the litigation, would produce great or irreparable injury to the plaintiII. 3. When it shall appear, during the litigation, that the deIendant is or threatens, or is about to do, or is procuring or suIIering to be some act in violation oI the plaintIIIs rights respecting the subject oI the action, and tending to render the judgment ineIIectual. NRS 33.010. ANALYSIS Based on the caption oI Mr. Coughlin's Iiling with the court, it appears that he is asking the court to temporarily restrain Merliss Irom disposing oI the personal property Mr. Coughlin abandoned and leIt at the Property, However, Mr, Coughlin's paper Iails to provide any analysis or evidentiary basis Ior that request, and is Iatally deIicient Ior a number oI reasons. Mr. Coughlin makes no citation to any authority, nor does he provide any analysis, that would even remotely support the issuance oI a temporary restraining order or preliminary injunction. In 36 pages oI rambling, Mr. Coughlin, a licensed Nevada attorney, does not manage to even mention, much less analyze, NRCP 65 or NRS 33.010, which are the controlling provisions oI law. The court is leIt to speculate as to the basis Ior Mr. Coughlin's request. In Iact, there is no basis. A. Coughlin's Request for a Temporary Restraining Order is Procedurally and Substantively Deficient First, it is important Ior the court to note that Coughlin's paper was never properly served on Merliss or his counsel. The only copies counsel received were by email and Iax. CI., NRCP 5. See the Declaration oI Casey D. Baker, Esq., attached hereto as EXHIBIT 8. Further, Coughlin's "ProoI oI Service" identiIies the incorrect document, and Ialsely states that document was mailed. Mr. Coughlin has never mailed any document to the oIIice oI the undersigned, and this was been a constant issue in the underlying eviction action.l As is the case here, Merliss has been Iorced to respond to one oI Mr. Coughlin's rants without proper service, in an abundance oI caution that the court may choose to rule on it beIore Merliss is given proper notice and an opportunity to be heard. UnIortunately, Mr. Coughlin appears intent on continuing his abusive tactics in this court. Because Coughlin has Iailed to properly serve his motion, and, based on his Iaulty prooI oI service, does not appear to intend to, he is, in eIIect, asking the court to issue an injunction without notice, as contemplated by NRCP 65(b). As set Iorth below, Coughlin's motion Iails to satisIy even one requirement oI that rule. NRCP 65(b) provides that a temporary restraining order is only available where it "clearly appears Irom speciIic Iacts shown by aIIidavit or by the veriIied complaint that immediate and irreparable injury .. . " will result beIore the opposing party can be heard. (Emphasis added.) Here, there is no veriIied complaint. Coughlin's motion is not veriIied, and does not contain any sworn aIIidavit as required by the Rule. Thus, there is no evidence to support any exercise oI discretion by this court. Further,Coughlin does not explain how he will suIIer irreparable injury in the event Merliss is allowed to comply with Judge SIerrazza's order and dispose oI the property Coughlin chose 1 Throughout counsel's dealings with Coughlin, he consistently Iiles papers he does not serve and serves papers he does not Iile. By these abuses, he has muddied the record and driven the Iees and costs beyond all reason. 6 to abandon at the house. In Iact, Coughlin will not suIIer irreparable injury, because money damages are unquestionably an adequate remedy Ior any loss oI personal property he may suIIer. Coughlin is not entitled to any relieI under NRCP 65 because he has an adequate legal remedy. And even iI he did not, his unclean hands and inequitable conduct should preclude him Irom any relieI Irom this court at this time. Even iI the court were inclined to overlook the obvious and Iatal deIiciencies oI Coughlin's motion, Coughlin does not address the mandatory bond he must post pursuant to NRCP 65(c). As set Iorth in Judge SIerrazza's order (EXHIBIT 3), the reasonable costs oI storage at the Property is $30.00 per day. That amount should accrue Irom November 17, 2011, and continue until this appeal is concluded or any restraining order or injunction is ultimately dissolved. The bond should also include Iees incurred by Merliss in opposing this "emergency amended motion," which Iees total $1,485.00. See Declaration oI Casey D. Baker, Esq., EXHIBIT 8. B. Coughlin Has Not Shown Any Basis for An Injunction to Issue The issuance oI an injunction is controlled by NRS 33.010. That statute requires that there be a complaint or an aIIidavit on Iile, and some showing oI great or irreparable harm, or a violation oI the moving party's rights. Setting aside Ior the moment the complete lack oI analysis by Coughlin, it is clear that this situation does not warrant extraordinary equitable relieI. As discussed above, there is no complaint on Iile. Coughlin has neither veriIied his motion, nor submitted an aIIidavit. Further, there can be no irreparable harm where money damages are an adequate remedy. Thus, it would be an abuse oI discretion Ior the court to grant Coughlin any relieI under NRS 33.010(1) or (2). Likewise, no relieI is available to Coughlin under NRS 33.010(3). Because the order Coughlin appealed Irom is the October 27, 2011 order granting an eviction (EXHIBIT 1), the "subject oI this action" as contemplated by that statute is Coughlin's rights in the real property - not the personal property he chose to abandon there. At the moment, Coughlin has no rights in the real property, so Merliss cannot be said to be violating any rights oI Coughlin's. Likewise, even iI the court were to somehow expand its application oI that statute to the December 21, 2011 order resolving the landlord's personal property lien (EXHIBIT 3), Coughlin's "rights" in the personal property on the premises were terminated at 5:00 p.m. on Friday, December 23, 2011 by a lawIul court order. As such, Coughlin no longer has any rights in that property, either, and there is nothing Ior Merliss to violate or Ior the court to enjoin. Until it has been reversed, Merliss is entitled, and, indeed, obligated, to comply with the justice court's order. NRS 22.010. C. Coughlin is Not Entitled to A Stay Coughlin claims to have deposited $250 with the justice's court pursuant to NRS 40.385, although he has not provided any prooI in support oI his claim. Attached hereto as EXHIBIT 10 is a true and correct copy oI the justice's court's docket as oI December 19, 2011. That docket shows that Coughlin paid a Iiling Iee Ior his appeal on December 12, 2011, in the amount oI $216.00. It is entirely unclear Irom the Iollowing entries oI that docket whether or when Coughlin ever paid an additional $250.00 under NRS 40.385. II he ever did so, it was not until on or around December 14, 2011, well aIter he had been locked out and appealed, and well aIter his motion(s) Ior a stay had already been denied weeks earlier. See also EXHIBIT 4. This inIormation should be part oI the appeal record with this court as well, and can be veriIied by the court in that manner. Even iI Coughlin eventually paid some amount toward an appeal bond, it was not in time to stay the eviction during this appeal. To do that, a proper motion must be made and granted, and the bond posted, prior to the lockout. The lockout here occurred on November 1, 2011. By the time Coughlin managed to Iind that statute and pay any money to the court, he had been locked out oI the property Ior six weeks. As such, any request Ior a stay was, and is, moot. At this point, Coughlin does not have any rights in either the real or personal property, and there is nothing to stay. Coughlin is not entitled to that relieI under any analysis. Fn2 (In2 Coughlin has since Iiled a motion with the justice court seeking a return oI his bond, which he claims to have paid on December 22, 2011, but Iails to mention that here. A true and correct copy oI Coughlin's motion is attached hereto as EXHIBIT 11.) D. Coughlin Asks for Extraordinary Equitable Relief, But Has Failed to Mitigate His Damages or Otherwise Behave Equitably Coughlin had three weeks to remove his property beIore Iinally being arrested Ior trespassing on November 13, 2011 (October 25, 2011 through November 13, 2011). Instead oI moving his things, however, he chose to barricade himselI in the basement, apparently believing that he could live there indeIinitely without being discovered. Then, later, he had two Iull days pursuant to a court order in which to remove his belongings. On Thursday, December 22, 2011, he did virtually nothing, except send harassing emails to the court and counsel. See, e.g., EXHIBIT 4. More oI those emails are attached to Coughlin's motion. On Friday, December 23, 2011, he and his crew removed a substantial amount oI his belongings, but also leIt a substantial amount oI debris on the premises. At the end oI the day on December 23, 2011, counsel even allowed Coughlin's crew additional, unlimited, unIettered access to the backyard and other outside areas to Iinish removing what was there. Neither they nor Coughlin took advantage oI that opportunity. On December 28,2011, Mr. Hill oIIered Mr. Coughlin an additional opportunity to retrieve whatever was leIt on the premises. All Mr. Coughlin had to do was to prepare a stipulation and order Ior this court's signature, and he would have been allowed back on the Property. See EXHIBIT 5. On December 29,2011, the undersigned re-sent that email to Mr. Coughlin. See EXHIBIT 6. Coughlin Iailed to accept the oIIer to retrieve his belongings, and it was ultimately revoked. Instead oI resolving this matter by stipulation, Coughlin Iiled the instant motion. As has been the case throughout the underlying eviction action, Mr. Coughlin is obviously more interested in Iighting about his perceived issues than he is in resolving them. Mr. Coughlin does not come to court with clean hands, and should not be awarded any equitable relieI whatsoever, especially without being required to post adequate security as required by law. Further, the court should note that Coughlin does not come with a plan or a proposal. He just wants to prevent Dr. Merliss Irom re-renting the house, and cause him to incur additional Iees. That is his real agenda. CONCLUSION Coughlin's motion is procedurally and substantively deIicient in many respects. He has not satisIied any oI the threshold requirements oI either NRCP 65 or NRS 33.010. He has not shown the court any legal or Iactual basis Ior the relieI he purports to seek, and, in Iact, does not even address the merits oI his motion whatsoever, except to simply demand more time to get his things. Coughlin declined an oIIer Irom counsel to stipulate to the relieI he now asks the court to grant him. Instead, he chose to waste this court's time with an unsupported, incoherent, and procedurally deIicient motion that does not even address the applicable substantive law. Coughlin's motion must be denied. WHEREFORE, Respondent prays that Coughlin take nothing by way oI his motion, and that same be denied in its entirety; and Ior such other, Iurther, and additional relieI as seems just to the court in the premises. Dated this 3 rd day oI January, 2012. /s/ Casey D. Baker, Esq. Such a typical Hill/Baker move (exactly what Thomas J. Hall, Esq., described to Coughlin as the types oI purposeIul obIuscation designed to increase their billable hours and cost oI litigation to the opposing side that Baker and Hill perpetually engage in) resides in attaching an RJC Docket Irom 12/19/11 and purporting to be unaware oI the date when Coughlin posted the $250 supersedeas bond (aside Irom the initial posting thereoI on 10/17/11, which the RJC retained until Coughlin received it back Irom the RJC on 11/16/11, at which point Coughlin was reIused on multiple occasions by RJC Filing OIIice staII (with intererence by the RJC BailiIIs) in his attempt to post the $250 called Ior in NRS 40.385). This idiotice move by Hill and Baker is thoroughly exposed upon a review oI Exhibit 11 to their 1/3/11 Opposition to Amended Motion Ior TRO (Coughlin's 12/27/11 Motion which is all oI one page long and which explictly cites 12/22/11 as the date Io the posting oI the $250 supersedeas bond pursuant to NRS 40.385 (something even Iurther underscored by a review oI Exhibit 4 and the 12/22/11 announcement by Coughlin (in addition to Coughlin having that 12/22/11 Notice oI Posting Supersedeas Bond personally delivered to Hill's oIIice on 12/22/11) oI the 12/22/11 psoting oI the $250 supersedeas bond). So, obvioulsy, Baker and Hill's attaching Exhibit 10, an RJC docket Irom 12/19/11 is a total non-sequitir, and completely transparent and insipid (not to mention dishonest) is their attempts to then Ieign conIusion or uncertainty as to when Coughlin was Iinally able to get the RJC to take the $250 supersedeas bond he posted on 12/22/11. Subsequently Coughlin learned that the RJC did, in Iact, take the $1.00 bills he would leave on the counter upon Christine Erickson and Cherly Vertung reIusing to take the $250 NRS 40.385 supersedeas bonds he was attempting to post. Coughlin could not aIIord to leave $250 on the RJC Iiling oIIice counter with the uncertainty oI whether the clerk's would Iollow through on there stated reIusal not to accept his posting such bond. Baker continually makes legal pronouncements, without citing to any authority to support such positions, such as his contention that Coughlin was required to provide some prooI oI having posted the $250 supersedeas bond (additionally, Judge SIerrazza granted Coughlin IFP status as to the appeal on 10/25/11, and arguably, that applies to the $250 bond Ior costs on appeal pursuant to the indigency language oI NJCRCP 73...as such, the RJC Docket in Exhibit 10 Io Baker's 1/3/12 Motion reveals a a check dated 11/7/11 the RJC notes as posted on 12/14/11 Ior $250.00, which arguably also should have satisIied the requirements oI NRS 40.385. Baker cites absolutely no law in support oI the Iollowing positions underlined below: 'C. Coughlin is Not Entitled to A Stay Coughlin claims to have deposited $250 with the justice's court pursuant to NRS 40.385, although he has not provided any proof in support of his claim. Attached hereto as EXHIBIT 10 is a true and correct copy oI the justice's court's docket as oI December 19, 2011. That docket shows that Coughlin paid a filing fee for his appeal on December 12, 211, in the amount of $21.. Actually, that is not true, the Docket actually indicates that on 12/8/11 'received a check made payable to ' 2JDC Ior $216.00 (characterized as 'this is Ior the District Court's papeal Iee when appeal goes over as notated by ChieI Civil Clerk Karen Stancil): 'DEC 8 Received a check made payable to 'Second Judicial District Court' dated 11/8/11 Ior $216.00. (This is Ior District Court's appeal Iee when appeal goes over) ks DEC 12 Received check #1422 Irom Zachary Coughlin payable to District Court Ior appeal Iee. jJ DEC 14 Receipt to Zachary Coughlin Irom Reno Justice Court Ior $250.00 Ior appeal bond and a receipt Ior $1.00 Ior 'supersedeas bond'. Emergency Motion Ior TRO; Injunction Request Ior Submission of this Motion Attempting to Pay Appeal Bond of $250.00 and Supersedeas Whatever it Is filed. Further, Baker was present in court on 10/25/11 when Judge SIerrazza ruled that he was, due to Coughlin's indigency and his having previously granted Coughlin IPF status/Iee waiver in 1708 on 10/6/11, that he was waiving the Iiling Iee in the RJC Ior the appeal to District Court ($24.00). Clearly the RJC Docket demonstrates an attempt by Coughlin to pay $250.00 pursuant to NRS 40.385 on 'DEC 12, and that is over an above the extent to which the $250.00 'appeal bond and a receipt Ior $1.00 Ior 'supersedeas bond' is notated under 'DEC 14 on that same docket. Additionally, the docket entry Ior 'DEC 15 reveals the 'NOTICE OF POSTING AND ACCEPTANCE FO SUPERSEDEAS/COST BOND ON APPEAL Iiled by Coughlin. Further, in a 12/22/11 'NOTE ORDER in the RJC Iile handwritten and initialed by Judge SIerrazza, he ruled '12/22/11 The stay was denied an no bond was posted within 10 days? DeIendant needs to have the District Court address this on appeal. /s/ PS. The allusion to 'within 10 days by Judge SIerrazza invokes NRS 40.380 and NJCRCP 73A(a)(4), both oI which Baker admits do not apply to this matter, given is was a mere summary eviction, rather than a 'Iormal eviction. There, Judge SIerrazza and Baker continue in attempting to have it both ways. That is, seeking to apply all the beneIits oI a plenary proceeding to the beneIit oI the landlord (the application oI NRS 40.380 and Rule 73A(a)(4), the ability to utilize discovery like Baker's 10/18/11 Motion Ior a NJCRCP 34 Order Ior Inspection, supboenaing Coughlin Ior the 10/25/11 hearing, intially attempting to rule on more than possession where at the conlcusion Io the 10/25/11 hearing Judge SIerrazza ruled 'the $2,275 is the property oI the x.... Further, it is entirely inaccurate Ior Judge SIerrazza to indicate that 'no bond was posted within 10 days where Judge SIerrazza converted the $2,275 in rent escrow deposited on 10/17/11 to Coughlin's 'appeal bond (note check transcript) at the conclusion oI the 10/25/11 'Trial which was later recharacterized as a 'continuation oI a summary eviction proceeding.. Just like Coughlin wrote in his 12/22/11 email to Baker and SIerrazza (which Judge SIerrazza required Coughlin to send to him, by email) the RJC and Baker are leIt with a choice...either its a plenary trial or a summary eviction. There are pros and cons to each (explicitly set out by Coughlin in his 10/17/11 'Emergency Motion to Stay, Set Aside and Vacate Eviction Hearing Order at page 6 (wherein Coughlin copied and pasted Irom the NSCt's 'Landlord Tenant Handbook a simplied take on eviction law in Nevada, with statutory citations. It is breathtaking how applicable the Iollowing protion Coughlin cited to is to the issues that utlimately became and are at dispute in the matter, the appeal, and Coughlin's Iormal disciplinary hearing. The posting oI $2,275 by Coughlin on 10/17/11 with the RJC also operates to satisIy any required Iiling Iee oI bonds Ior costs on appeal and NRS 40.385 supersedeas bond attendant to Coughlin's 10/19/11 Iiling oI a Notice oI Appeal as to the 10/13/11 'Eviction Decision and Order (which, absolutely was a Iinal appealable order, and thereIore, Coughlin perIected his appeal and the RJC was divested oI jursidiction), in addition to the bonds and Iees associated with Coughlin's 10/17/11 'Emergency Motion to Stay, Set Aside, Vacate Eviction Hearing Order Filed. So, its completely lacking in merit Ior Baker to write: ' It is entirely unclear Irom the Iollowing entries oI that docket whether or when Coughlin ever paid an additional $250.00 under NRS 40.385. II he ever did so, it was not until on or around December 14, 2011, well aIter he had been locked out and appealed, and well aIter his motion(s) Ior a stay had already been denied weeks earlier. See also EXHIBIT 4. This inIormation should be part oI the appeal record with this court as well, and can be veriIied by the court in that manner. Even iI Coughlin eventually paid some amount toward an appeal bond, it was not in time to stay the eviction during this appeal. To do that, a proper motion must be made and granted, and the bond posted, prior to the lockout. The lockout here occurred on November 1, 2011. By the time Coughlin managed to Iind that statute and pay any money to the court, he had been locked out oI the property Ior six weeks. As such, any request Ior a stay was, and is, moot. At this point, Coughlin does not have any rights in either the real or personal property, and there is nothing to stay. Coughlin is not entitled to that relieI under any analysis. Fn2 (In2 Coughlin has since Iiled a motion with the justice court seeking a return oI his bond, which he claims to have paid on December 22, 2011, but Iails to mention that here. A true and correct copy oI Coughlin's motion is attached hereto as EXHIBIT 11.) Also: ' NRS4.230 Docket: Entries; Iorm. NRS4.240 Entries in docket prima facie evidence of facts. NRS4.250 Docket must be kept by justice oI the peace. NRS4.280 Jurisdiction oI justice oI the peace with whom docket is deposited. NRS4.350 Deputy clerk: Appointment; compensation; powers and duties. NRS4.353 Deputy marshal: Appointment; duties; qualiIications; compensation. NRS4.370 Jurisdiction. NRS4.371 EIIect oI transIer oI original jurisdiction Irom district court to justice court. The Iollowing brings up some questions as to the RJC morphing the 12/20/12 'Administrative Order 2012-01, In the Administrative Matter oI Zachary Coughlin (to which, on 2/25/13, ChieI Judge Pearson issued an Order to Show Cause to Coughlin, baring the same caption (ie, lacking a case number oI an opposing party), setting an OSC Hearing Ior 3/5/13, which was continued until 3/11/13 (with Coughlin preserving Ior the record that he wished to remain his own counsel thereaIter and his objections to any attempts to insert the 'Administrative Order into any other case (Judge Pearson indicated it was retroactively being placed into RCR2011-063341, despite the Iact that there was not ostensible connection between the two or the subject matter involved (indeed, the 2/25/13 OSC Iails to cite any actual names in connection with any oI the vague allegations (in violation oI NRS 22.030(2)). Upon Coughlin pointing out the issues with such an approach, a new case was created, RCR2013- 071437, with the 'Complaint therein consisting oI the 12/20/12 'Administrative Order 2012- 01 baring the same 12/20/12 Iile stamp date, with the new case number aIIixed thereto, with no new Iile stamping to go along with the new case number (ie, a document was altered by the RJC aIter it was Iile stamped). This presents several issue with respect to NRS 4.230. 'NRS 4.230(c)The date oI the summons, and the time oI its return; and iI an order to arrest the deIendant be made, or a writ oI attachment be issued, a statement oI the Iact. Coughlin was summarily arrested (aIter 7 pm in his own home, no less) by a DAS oIIicer on 2/2/13 (hours aIter sending an email to the WCDA's OIIice). DAS OIIicer Ramos indicated to Coughlin at the time oI the arrest that he was arresting Coughlin summarily Ior two speciIic alleged parole violations, indicating they consisted oI two alleged Iailurs to check in with DAS, one on 1/2/13 and one on 1/23/13. At the 3/12/13 OSC Hearing, Judge Pearson sought to characterize that 2/2/13 DAS arrest oI Coughlin as stemming Irom the alleged issuance oI a warrant Ior Coughlin's arrest pursuant to an alleged Iailure by Coughlin to obtain a 'mental health evaluation within 30 days oI the Order oI 11/21/12 by Judge SIerrazza in RCR11-063341. However, the Docket in that matter, and the correspondence and communications between Coughlin, DAS, and RJC ChieI BailiII Sexton, and BailiII Heibert clearly reveal that not only was the issuance oI a warrant on 1/9/13 Ior Coughlin's arrest in that regard unsupportable in the Iirst place, but such warrant was Further, Judge Pearson's revisionist history as to the basis Ior the summary probation violation arrest indicated by DAS OIIicer Ramos on 2/2/12 (to which he completely lacked probable cause considering the correspondence between DAS OIIicer Brown et al and Coughlin as to both the 1/2/13 and 1/23/12 checkins, particularly where RJC BailiII Augustin Medina willIully prevented Coughlin Irom accessing the DAS oIIice prior to its 3:00 pm closing time (and DAS is not 'an area under the exclusive control oI the RJC to whatever extent Judge SIerrazza's 12/20/12 'Administrative Order 2012-01 is even a legal order (and Coughlin should not be subject to the threat oI incarceration oI 25 days Ior every alleged de minimis inIraction thereoI (and the RJC and Judge Pearson, in his 2/25/12 OSC and statements on the record on 3/5/13 and 3/11/13 have made contradictory assessments Io the extent to which DAS is under the umbrella or a part oI the RJC suIIicient to make, say, a phone call or email to a DAS OIIicer a violation oI such 'Administrative Order 2012-01. The Iact that Coughlin had provided documentation and medical evidence that he is diagnosed with and being treated Ior ADD/ADHD and Major Depressive Disorder makes all the more untenable the extent to which DAS and the RJC have narrowed the acceptable time Irames and methods oI communicating or submitting materials to both the RJC and the SBN (exposing Coughlin to an arraignment on 4/17/13 incident to the Ielony and gross misdemeanor protection orders violation charges that the WCDA's oIIice dropped on 3/7/12. And the City oI Reno's indication that the WCDA's OIIice dropped such prosecutions only based on a lack oI jurisdiction makes no sense where the RJC prosecuted Coughlin Ior a misdemeanor arrest by the RPD that was similarly alleged to have occurred within Reno City limits (as was the case in 11-063341 and 12-065630, and probably, 12-067980). So, where the Arrest Report and Probable Cause Report by DAS OIIicers Ior the 2/1/13 summary arrest Ior alleged probation violations clearly Iails to indicate any warrant having been issued. Rather, that 2/1/13 (and RJC BailiII Sexton and Heibert and the docket in 11-063341 reveal no such warrant was issued suIIicient to make that 2/1/13 arrest), but rather, speciIially mentions two alleged Iailures to check in with DAS (Iailing to allege any sort oI 'no call no show typically required Ior such a summary arrest, Judge Pearson and the RJC's attempts to retroactively recharacterize whether such arrest was based upon a warrant is troubling, especially where the warrant was allegedly issued incident to an allegation that Coughlin Iailed to 'provide prooI oI obtaining a mental health evaluation within 30 days oI the 11/21/12 Order in 11-063341. This is particularly true considering the communciations and correspondences between Coughlin and DAS in that regard, Coughlin's submitting an IFP as to the expense oI any such evaluation that was not satisIied by virtue oI the evaluation connected to the docket entry oI '10/22/12 Hearing Result (Judicial OIIicer: SIerrazza, Peter ) DeIendiJnt has been Iound competent. DeIendant has indicated that he would like to represent himselI. DeIendant Faretlo Canvassed. DeIendant's motion to represent hirnseloI is GRANTED. The Court also appointes Public DeIender Jim Leslie as standby coulISel. Motion by DeIendant to have trameript prepared at public expense. Motion DENIED. Trial conIirmed setIor with Lake's Crossing's Durante's report or prooI thereoI provided to DAS, in addition to communications regarding the arrangement with NNAHMS. Indeed, the docket in 11-063341 expressly rebuts the indication by Judge Pearson as to whether the 2/2/13 arrest was based upon a warrant: '1/11/13 Warrant Recalled Per Order oI Steve Tuttle and Judge Pearson, warrant is recalled DAS to inIorm DeIendant oI evaluation and Ireed /0 get iI comple/ed. DO NOT ISSUE WARRANT WrrIIOUT OK FROM PEARSON. Further, The 2/1/13 'Inmate Booking InIormation Form indicates the DAS arrest time as 7:02 pm (ie, in violation oI NRS 171.136 where the probation stemmed Irom a simple misdemeanor conviction (Ior which Coughlin has already now served 13 days, to go along with the completely overreaching 180 day suspended sentence in 11-063341 and another 180 day suspended sentence incident to the 4/2/13 conviction in 12-065630 (wherein Judge CliIton in another display oI transparent overreaching made that sentence run consecutive to the one in 11-063341, giving Coughlin four years of probation Ior two misdemeanors that don't add up to ten days in jail given the Iine schedule Ior a petty larceny charge and a 'resisting a public oIIicer charge . The 2/4/12 10:22 pm Inmate Release InIormation Form (Coughlin was not actually released until 1:30 am on 2/5/12, yet still made it to the 8:30 am hearing that morning in 11- 063341 (incident to his being in court anyways Ior the 2/5/13 continuation Io the trial in 12- 065630... For the RJC to suggest is has not made such patently overreaching convictions and sentences Ior any other reason that to assist Washoe County and the WCDA's OIIice/RJC, and WCSO's OIIice in aealing with Coughlin (even where Coughlin has been chucking the deuce up Ior months/waiving the white Ilag oI surrender), is just preposterous, and really, its very insincere and ignorant, somehow, at the same time, Ior Judge SIerrazza and CliIton (not to mention ready attack dog with Clydesdale style ethics conIlicts blinders on DDA Zachary Norman Young, Esq., courtesy oI ADA Helzer) to continue stacking as many SCR 111(6) convictions on Coughlin records, all whilst ignoring the patent consequential eIIects oI their extremely suspect rulings in Rev2011-001708 (including Judge CliIton's oI 10/17/11, and Judge Schroeders oI 3/15/12 in rev12-374, and in Rev12-1048 oI 6/28/12 and 7/5/12, and Judge Pearson's in the same Rev12-1048 oI 7/31/12 and in Rev12-078432 oI 10/2/12 (and the RJC's Iailure to accord Coughlin a hearing as required upon his Iiling a Tenant's AIIidaivt incident to the summary eviction he only learned oI at the 10/2/12 hearing upon cross-examing Ken Grant oI Superior Storage. Holland & Hart's Rick Elmore may have some 'splainin to do on that one, and might exchange notes with Gayle Kern, Esq., as to the violations oI RPC 3.5A, Irom Rev12-374 on 3/15/12. So, the RJC and Washoe County beneIitted in its avowed goal to have Coughlin disbarred by putting him in jail Ior Iive days right beIore the 2/13/13 deadline Ior Coughlin to Iile his Appeal BrieI in 62337. ' Judge Pearson on 2/5/13 at, according to the docket entry and OSC hearing (Iurther Coughlin has absolutely no recollection oI the 2/4/13 video hearing beIore Judge SIerrazza being an 'arraignment and certainly no warrant being mentioned is recalled by Coughlin at 8:30 am in 11-063341 (which was improperly noticed to Coughlin on his Jail Inmate Release InIormation paperwork as being set Ior February 5 th , 2013, which, incidentally, the 2/25/13 OSC in AO12-01 includes as one oI the dates wherein Coughlin is alleged to have violated the AO12-01 ('On February 5, 2013 Coughlin contacted two employees who are not bailiIIs at a number other than that provided to him as the bailiII s station. At Page 2. It is possible that someone inquired with the RJC on that 2/5/13 date as to whether any such hearing in 11-063341 was still on calendar and that an RJC employee, whom may have been a BailiII, indicated that such 2/5/13 Hearing in 11-063341 was, in Iact, not still on calendar, but, rather, had been incorrectly listed on Coughlin' WC Jail Inmate Release InIormation paperwork where such Hearing was actually set Ior, and did, in Iact take place on, 2/2/13 at 8:30 am. Whether now it is the case that the RJC Judges intended the 2/2/13 Hearing to be a Gagnon I style hearing and such Hearing indentiIied in Coughlin's WC Jail Inmate Release InIormation paperwork to be a 'Gagnon II type oI Hearing is possible. It may be possible that an RJC employee, whom may have been a BailiII, but, whom may also not have been a BailiII incorrectly indicated to someone whom may have inquired with the RJC with regard to whether such 2/7/13 Hearing in 11-063341 was still on calendar that such Hearing was not still on calendar oI set to take place, but had, in Iact, been vacated.) The 2/25/13 OSC in AO12-01 reads: Docket in 11-063341 reads: '1/11/13 Warrant Recalled Per Order oI Steve Tultle and Judge Pearson, warralJt is recalled DAS to inIorm DeIendant oI evaluation and Ireed /0 get iI completed. DO NOT ISSUE WARRANT WrrIIOUT OK FROM PEARSON. 1/17/13 CANCELE D Warrant Arraignment (10:00 AM) (Judicial OIIicer: Schroeder, Jack) Vacated Mental Health Evaluation and comply with recommendations . Case is on Appeal. 2/4/13 Warrant Arraignment (10:00 AM) (Judicial OIIicer: SIernlZZa, Peter) FTC-DAS Violation. BAIL:$5oo CASH Parties Present: DeIendant Coughlin, Zachary Barker 2/4/13 'Bail Sct (Judicial OIIicer: SIerrazza, Peter) Bail Set at $500.00 CASH ONLY. DeIendant Remanded to the Custody oI the Washoe County SheriII. '2/5/13 Order to Show Cause (8:30 AM) (Judicial OIIicer: Pearson, Scott) FTC-DAS VIOlATION Parties present: DeIendant Coughlin, Zachary Barker DAS OIIicer Brown has been particularly dishonest with Coughlin with respect to her comunications with Coughlin vis a vis getting a mental health evaluation done, the Iee waiver application process, whether a warrant would issue, the extent to which Coughlin had already provided 'prooI oI obtaining such evaluation 'within 30 days', etc., etc. Regardless, the Arrest Report and PC Sheet oI the 2/1/13 DAS summary probation violation arrest clearly indicates no warrant was involved, that it took place aIter 7 pm (DAS OIIicers ordered Coughlin out oI his residence) and was premised upon a total lack oI probable cause to make such a summary arrest. So, despite Judge Pearson's attempts to undo the violation oI NRS 171.136 by DAS OIIicer in arresting Couglin in his home aIter 7 pm without a warrant on 2/1/13, the PC Sheet and docket in 11- 063341 tells the real story. Some might say: do the Reno Justice Court judges ever Iollow the law? That AR and PC Sheet identiIies the charge as the Iollowing: 'NRS 211A.125 Arrest oI probationer. 1. The chief or an assistant may arrest a probationer without a warrant if there is probable cause to believe that the probationer has committed an act that constitutes a violation of a condition of his or her suspended sentence or residential confinement. 2. Any other peace oIIicer may arrest a probationer upon receipt oI a written order by a chieI or an assistant stating that there is probable cause to believe that a probationer has committed an act that constitutes a violation oI a condition oI his or her suspended sentence or residential conIinement. 3. After making an arrest, the chief, assistant or other peace officer shall immediately notify the sentencing court of the arrest of the probationer and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence or residential confinement of the probationer. 4. A chieI, an assistant or another peace oIIicer may immediately release Irom custody without any Iurther proceedings any probationer arrested without a warrant pursuant to this section iI the chieI, assistant or other peace oIIicer determines that there is not probable cause to believe that the person violated the condition oI his or her suspended sentence or residential conIinement. With 'transporting OIIicer Ramos with him, DAS OIIicer Wickman made the warrantless arrest oI 2/1/13, indicating: 'on 2/1/13 at apprxoimately 18:45 hours, we made contact with the above subject who is on probation with this department. Subject Iailed to check in into this department as required on 1/3/13 and 1/23/13. Subject was taken into custody Ior Iailing to check in which is a violation oI his probation. Subject was taken into custody, cuIIed, double locked, and checked Ior tightness. Subject was then transported to Washoe Jail.. OIIicer Wickman's declaration only indicates 'we made contact Iailing to mention the 'contact consisted oI banging on Coughlin's resdience door (this Washoe County/City oI Reno Gang Bang has reduced National Merit Finalist/Iormer Reno High All-Time leading Scorer in Basketball (2 time all state, whatever whatever/passed the NV bar exam aIter second year oI law schoo. Tenth in his law school class, USPTO patent attorney, etc.) Coughlin to living in a IiIth wheel trailer he rents Ior $75 a month and eating at Iood pantries. Isn't Nevada great? No wonder it leads or is near the bottom, or top? OI all the misery categories and indexes (unemployment, suicides, disease, Ioreclosures, bankruptcies. Maybe iI Nevada's Judge cease co-signing all the misconduct oI law enIorcement and prosecutors, and instead invested in its residents a bit more (and the Iew skilled, educated young proIessional/students who don't bolt the state at the Iirst chance they get) Nevada could progress a bit, no? Instead, its become a mecca Ior law enIorcement oIIicers transplanted Irom CaliIornia taking out their Irustrations on locals, while being comparitively well beneIitted and compensated Ior the privilege oI doing so.. However, the time oI arrest as listed on teh Sure does help to have Judge Elliot strike Irom the record on his last day on the bench all oI Coughlin's Iiling in CR12-2025 (the appeal oI 11-063341) including Coughlin's typed 1/18/13 Motion to Stay Probation (citing some ridiculous Iont size allegation applicable to perhaps 1 sentence at most oI a 10 page Iiling, made all the more dubious given the subject matter exposed therein relative to the per se disqualiIication basis Judge Elliott ignored due to his Board Presidency Ior the same CAAW Coughlin was suing beIore him in CV11-01955, and act oI judicial misconduct suIIicient to have all rulings or ordres by Judge Elliott in any case involving Coughlin overtturned (and Elliot handled all oI Coughlin's criminal appeals and disposed oI all oI them on ultra suspect grounds (and went to StanIord with Elcano and Echeverria). Further, the RJC still reIused to process the Notice oI Appeal Coughlin Iiled in various matters, includign on 3/19/13 in 11-063341 as to the 3/11/134 Order. 11-063341 '2/5/13 Order to Show Cause Hearing Held (Judicial OIIicer: Pearson, Scot!) DeIendant has submit/ed an SB89 request. GRANTED. Court is to pay Ior evaluation. Evaluator may C()T/tact the DeIendant at (949) 667-7402 or bye-mail at zachcoughlinholmail.com. DeIendant is to continue checking in with DAS between 9:00 am and 2:00pm on Wednesdays. DeIendant is to have no contact with RJC staII . by phone, leller or e-mail. DeIendant may Iile pleadings, but is to check in with security Iirst at the entrance oI the Mills B. Lance OIIice Building. and a IUC Baj/iIwI illb e notiIied Bail is to remain inIull Iorce and eIIect.In a Trial set in RCR 2012-065630. Deputy District Allorney Zoch Young requested to go back on the record beIore Judge Pearson to be heard regarding the previous SB89 GRANTED in RCR 2011-063341. DeIendant who is appearing without caunse/, objected Judge CliIton GRANTS Slates request . Hearing proceeded beIore Judge Scolt Pearson. State is represented by Zach Young, Esq., DeIendant is not represented by Counsel. AIter Iurther review oI the Iile, the Court has reconsidered DeIendanJs SB89 Iiled February 5, 2013, at 8:54 am and has DENIED it. The Court is still ordering the DeIendant get evaluated Ior competency at the Courts expelue. DeIendant requested that his medicatioll be paid Ior. The Court indicaled it will comider il at a laler time. The order ta show cause hearing has been conIirmed setIor February 25.2013, aI8:30A.M. DeIondant is ordered to maU an apt. Ior evaluation by February 12, 20/3 and is to show DASproo I o I lhal apt. '3/5/13 Order to Show Cause (2:00 PM) (Judicial OIIicer: Pearson, Scott) Parties Present: DeIendant Coughlin. Zachary Barker\ '3/5/13 Hearing Result (Judicial OIIicer: Pearson, Scott ) Upon the order oI Judge Scott Pearson. Bruce Lindsay oI tire Bob Bell Group, is hereby appointed to represent the DeIendant in this matter and the Administrative Order. First, Coughlin clearly retained, on the the record, his right to continue selI representing, only assenting to Lindsay appearing in '11-063341 in a co-counsel arrangement, which Judge Pearson indicated 'was up to you and Mr. Lindsay. Coughlin never assented to Lindsay appearing in 'the Administrative Matter or some new case created thereaIter to Iit such into 13- 071437. Lindsay's role seemed to consist chieIly oI collecting checks Ior three diIIerent case number he was allegedly appointed on Ior every one 'hearing he showed up to (usually late, with no conIerring oI any sort with his 'client beIorehand) and just, generall, playing the Washington Generals role to a 't'. So, 'this matter and 'the Administrative Order are diIIerent cases, whereas up until Coughlin pointing out the illegality thereoI, Judge Pearson was attempting to retroactively stick the 'Administrative Order into 'this matter (11-063341). Perhaps the RPD, Washoe County, and the RJC should stop handing out arrest and prosecutions like candy iI it lacks the resources to aIIord the due process, record keeping, and organizational structure necessary to support the massive inIrastructure such overcharging/ adn baseless arresting requires. '12/0612012 12110/2012 1211912012 0111012013 01/11/2013 0111712013 0210412013 0210412013 0210512013 0210512013 RENO CRIMINAL CASE SUMMARY CASE No. RCRlOll-063341 requested by James Leslie, Deputy Public DeIender J Appeal Filed Notice OI Appeal; Designation OI Record; Request Ior Transcript Cash Bail Converted and ReIunded Bail converted to Iines and Iees in the amoulJt oI$175.00. Balance reIunded in the amount oI $290.oocheck #040474 Ql Order Filed l Proceedings CertiIied to the Second Judicial District Court Letter Sent B.l Proceedings CertiIied to the Second Judicial District Court Supplemental tlI Warrant Issued First Bench Warrant issued bail set at $500.00 Cosh Only Warrant Recalled Per Order oI Steve Tultle and Judge Pearson, warralJt is recalled DAS to inIorm DeIendant oI evaluation and Ireed /0 get iI comple/ed. DO NOT ISSUE WARRANT WrrIIOUT OK FROM PEARSON. CANCELE D Warrant Arraignment (10:00 AM) (Judicial OIIicer: Schroeder, Jack) Vacated Mental Health Evaluation and comply with recommendations . Case is on Appeal. Qj Warrant Arraignment (10:00 AM) (Judicial OIIicer: SIernlZZa, Peter) I7C-DAS Violation. BAIL:$5oo CASH Parties Present: DeIendant Coughlin, Zachary Barker 9J Bail Sct (Judicial OIIicer: SIerrazza, Peter) Bail Set at $500.00 CASHO NLY. DeIendant Remanded to the CU!itadyo I the Washoe County SheriII. j Order to Show Cause (8:30 AM) (Judicial OIIicer: Pearson, Scott) FTC-DAS VIOlATION Parties "resent: DeIendant Coughlin, lcJchary Barker B.l Order to Show Cause Hearing Held (Judicial OIIicer: Pearson, Scot!) DeIendant has submit/ed an SB89 request. GRANTED. Court is to pay Ior evaluation. Evaluator may C()T/tact the DeIendant at (949) 667-7402 or bye-mail at zachcoughlinholmail.com. DeIendant is to continue checking in with DAS between 9:00 am and 2:00pm on Wednesdays. DeIendant is to have no contact with RJC staII . by phone, leller or e-mail. DeIendant may Iile pleadings, but is to check in with security Iirst at the entrance oI the Mills B. Lance OIIice Building. and a IUC Baj/iIwI illb e notiIied Bail is to remain inIull Iorce and eIIect.In a Trial set in RCR 2012-065630. Deputy District Allorney Zoch Young requested to go back on the record beIore Judge Pearson to be heard regarding the previous SB89 GRANTED in RCR 2011-063341. DeIendant who is appearing without caunse/, objected Judge CliIton GRANTS Slates request . Hearing proceeded beIore Judge Scolt Pearson. State is represented by Zach Young, Esq., DeIendant is not represented by Counsel. AIter Iurther review oI the Iile, the Court has reconsidered DeIendanJs SB89 Iiled February 5, 2013, at 8:54 am and has DENIED it. The Court is still ordering the DeIendant get evaluated Ior competency at the Courts expelue. DeIendant requested that his medicatioll be paid Ior. The Court indicaled it will comider il at a laler time. The order ta show cause hearing has been conIirmed setIor February 25.2013, aI8:30A.M. DeIondant is ordered to maU an apt. Ior evaluation by February 12, 20/3 and is to show DASproo I o I lhal apt. Cash Bail Posted in the amount oI$500. oo B.l Ord rr to Show Cause (2:00 PM) (Judicial OIIicer: Pearson, Scott) Parties Present: DeIendant Coughlin. Zachary Barhr Hearing Result (Judicial OIIicer: Pearson, Scott ) Upon the order oI Judge Scott Pearson. Bruce Lindsay oI tire Bob Bell Group, is hereby appointed to represent the DeIendant in this malleI' and lhe Adminislrative Ordel'. ) Order to Show Cause (8:30 AM) (Judicial OIIicer: Pearson, Scott) 0212512013 Continued to 03/11/2013 Arraignment Reset/Continuance Coughlin. Zachary Barker Order to Show Cause Hearing Hel4 (Judicial OIIicer: Pearson, SCOI!) DeIendan/ is nimtated into DAS supel'Vision Ior up to THlKTY-SIX (36) months. DeIendant is onkred to obtain Evaluation at Court's Expense. DeIondant is not to use or possess any countrolled substance unless presCl'ibed by Medical Doctor. DeIondallJ is to give his atlor1l(1Y, Bruce Lindsay, /lame oI DeIotukmts psychiatrist. who shall provide Evaluation. DeIendant is to be nim/aled into the CCP Program to begin March 21, 2013 at 1:30 P.M. Court Compliance Program To begin 312112013 ) Motion Filed Motion to Vacate any Order Issuing Irom March 1 I. 2013 Hearing in RCR201 1063341 Iiled. Q) Request Ior Submission Filed B.l MOlion Filed Motion to Remove Bruce Lindsay, Esq. as Co-Counsel Iiled. tlI Motion Filed Motion/or Check/or Dr. Yasar Pursuant to Order Rendend on 2/13/13 and Submission 0/ Proposed Order Ior Mental health Evaluation SJ Motion Filed Notice oIA ppeal Court Com lianee ' duty to Iile sb89 competency Competency Evaluation SB89 Form From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Fri 2/01/13 10:59 AM To: zyoungda.washoecounty.us (zyoungda.washoecounty.us); tgallida.washoecounty.us (tgallida.washoecounty.us) 32 attachments 1 12 12 00696 RPD Look's ProoI oI Service 065630 60331 03628 063341 SiIre.pdI (522.4 KB) , 1 13 12 00696 RPD Look's ProoI oI Service 065630 60331 03628 063341 SiIre.pdI (154.0 KB) , 12 5 12 0204 email Irom sstettnerda.washoecounty.us Iailure to timely provide Brady material reveal RPD SiIre complicity with RJC Judges 065630 067980 053341 26800.pdI (41.8 KB) , 1 12 12 rpd police report 12 cr 00696 siIre leedy look nash young kandaras bradshaw 0204 065630 redacted ocrd.pdI (3.2 MB) , 12 6 12 subpoenas 065630 Thew SiIre Schaur Lopez Foreshee ECOMM.pdI (5.1 MB) , SUPPLEMENTAL REPLY TO OPPOSITION CV08- 01709 1 13 12 (Supplemental ...) 11cr00696 king sbn siIre rcr2012-065630 ocrd and tagged jbig2 lossy.pdI (200.9 KB) , 6 26 12 0204 067980 12420 60302 NCS Taitlel RMC Machen Harley email to RJC Stancil and WCSO Stuchell SheriII's Web and Sparks Justice Court Hansen.pdI (25.1 KB) , 7 3 12 12 cr 12420 redacted report bI.pdI (2.3 MB) , 7 3 12 0204 067980 RMC 12420 criminal Complaint DTP signed by Northwind's Krebs but Iilled out in RPD Weaver's handwriting.pdI (530.5 KB) , 7 3 12 Krebs TPO 287 RMC 12420 RJC 067980 pages 14 to 25 Iax sotelo.pdI (322.4 KB) , 7 3 12 redacted disturbing the peace arrest 12 cr 12420 rmc loomis sotelo mauser weaver dye 00696 26800 sbn 0204 25 page discovery northwind ncs krebs reduced size.pdI (2.3 MB) , 7 25 12 60302 0204 067980 12420 0435 stamped Coughlin's motion Ior extensio nto Iile brieI and exhibit 60302.pdI (148.7 KB) , 8 9 12 Loomis second Motion to withdraw 12 cr 12420 rmc see also 26405.pdI (229.2 KB) , 9 7 12 063341 Order For Competency Evaluation 0204 065630 12420.pdI (1573.5 KB) , 10 11 12 RMC 12 CR 12420 Amended Criminal Complaint nrs 484D.850(2) rmc 1.04.015.pdI (160.4 KB) , 10 19 12 0204 SUBPOENA ON KEITH LOOMIS FOR 11 14 12 FORMAL DISCIPLINARY HEARING 26405 12420.pdI (1136.6 KB) , 29270001 Sotelo Motion to Withdraw and ORder granting it 12 CR 12420.pdI (118.4 KB) , 7 3 12 0204 1048 067980 12420 RMC Case Summary sheet bail inIo, Sooudi trespass, three criminal complaints and RPD arrest report and pc sheet.pdI (1971.6 KB) , 1 12 12 Hill TPO application RJC Schroeder 000018 00696 26800 0204 065630.pdI (638.4 KB) , FV12-00187-2651415 (Application Ior TPO).pdI (869.8 KB) , 10 4 12 RJC Albright 0204 Docket Krebs 287 Order Denying EPO ruling on lien 067980.pdI (79.3 KB) , Pages Irom 7 3 12 Northwinds Apartments Milan Krebs RJC TPO Application rcp2012-000287 and Judge Schroeders 7 5 12 Order granting 1048 067980 12420 and docket and 8 7 12 extension hearing notice.pdI (228.6 KB) , 7 3 12 0204 067980 0148 RMC 12420 handwritten Witness Statement by Northwind's Milan Kreb's compare to handwriting in TPO application in 287 and criminal complaint Ior DTP.pdI (308.0 KB) , 7 3 12 0204 067980 1048 RMC 12420 probable cause sheet and Declaration Supplment by RPD A Weaver compare handwriting to Krebs dtp complaint oI same day.pdI (848.3 KB) , 7 5 12 0204 067980 unsecured load Complaint signed by RPD Weaver 12420 Krebs Northwinds RMC RPD 1048.pdI (608.5 KB) , RJC Judge Albright letter Ior Taitel Albright slows Krebs TPO hearing down to retain jurisidction rcp2012-000287 hearing on 8 5 12 067980 26405.pdI (832.0 KB) , 8 24 12 COMPLAINTSNVBAR.ORG GRIEVANCE AGAINST RMC DEFENDERS AND WCPD LESLIE RCP2012-000287 12CR12420 RCR2012-067980 NORTHWIND KREBS WEAVER MILLER ocrd and tagged jbig2 lossy.pdI (36.5 KB) , 8 9 12 RMC deIender Loomis motion to withdraw 12420 northwind krebs rmc rpd.pdI (327.2 KB) , loomis motion to withdraw 12 cr 12420 northwind krebs rmc rpd.pdI (164.7 KB) , krebs rcp2012-000287 rmc 12cr12420 rcr2012-067980 12 page mausert sotelo Iax.pdI (220.9 KB) , Request Ior Audio Copy oI Proceedings rjc Iorm krebs v coughlin rcp2012-000287.pdI (58.0 KB) , 8 24 12 COMPLAINTSNVBAR.ORG GRIEVANCE AGAINST RMC DEFENDERS AND WCPD LESLIE RCP2012-000287 12CR12420 RCR2012-067980 NORTHWIND KREBS WEAVER MILLER.pdI (20.1 KB) Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlinhotmail.com From: zachcoughlinhotmail.com To: rbrucelindsaylawyahoo.com Subject: FW: Competency Evaluation SB89 Form Date: Fri, 18 Jan 2013 11:04:37 -0800 Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlinhotmail.com From: zachcoughlinhotmail.com To: rblrobertbrucelindsay.com Subject: Competency Evaluation SB89 Form Date: Thu, 17 Jan 2013 15:47:28 -0800 Dear Mr. Lindsay, I AGREE WITH YOUR EXPRESS INDICATION MADE DURING OUT IN PERSON MEETING THAT YOU HAVE A DUTY TO MOVE FOR AN ORDER FOR COMPETENCY EVALUATION OF MYSELF BY IMMEDIATELY FILING THE SB89 FORM TODAY. I apologize Ior not having returned the scanned materials to you yet. I will email them and provide you the hard copies as well immediatly.. Sincerely, Zach Coughlin PS. II you want to discuss anything please just email me a good time to call you or you might be able to reach me at 775 622 9936.. https://skydrive.live.com/redir?resid43084638F32F5F28!118 Please Iind very relevant materials to the deIense oI this case attached and at the above link. I have scanned everything therein Ior viruses and it is 100 saIe and virus Iree. Sorry Ior the delay, I am not Ilaking on you, its just been hectic, i'll get to getting it scanned and returned, very busy addressing a recent Order oI the NNDB seeking to disbar me, but I will get to it. I don't want much, okay. Just a Iew simple things.II you get me this stuII, as Iar as I am concerned, we are straight (assuming you don't pull a Jim Leslie and insist on remaing on my case as long as possible to purposeIully torpedo it....) There was talk oI Cape Fear with Leslie well beIore he moved to withdraw and got a TPO, and now an EPO (though courthouse sanctuary doctrine makes the "service" thereoI rather suspect. Leslie was not all "terriIied" back then...What changed? Oh, that's right, he was Iinished puttin' in work Ior the County (ie, makign sure I got convicted on both counts in 063341, thanks to his making the NRS 171.136 (or trying to, at least, ...he Iailed) citizen's arrest arguments that went completely over DDA Young head (or, more likely DDA Young just couldn't stomach anymore oI the Iarce and chose not to make such arguments to the tirbunal). Can you serve the WCDA with request Ior discovery and subpoena the RJC and WCSO Ior the Iollowing (assuming the won't just copy the stuII an provide it all nice'n'easy like): certiIied audio transcripts oI the Iollowing hearings in the RJC: 1. 7/5/12 in RJC Rev2012-001048 hearing granting a deIault victory incident to a 6/28/12 motion to set aside the Iraudulently procurred 6/27/12 Lockotu Order at the rental where the 067980 arrest occurred. 2. 7/31/12 hearing in rjc rev2012-001048 beIore Judge Pearson (this was a hearing noticed on 7/23/12 to address my Motion to Set Aside the 6/27/12 eviction Order signed by Judge Schroeder despite my 6/26/12 email and Iax to the RJC, SJC, WCSO, and City oI Reno regarding my Iilign the Tenant's Answer in the SJC, and the deIiciencies in the 5 day notice. (please see the attached police report by the RPD incident to the pretextual (and Soldal v. Cook Co violating, not that it matters, this is nevada aIter all) arrest shortly upon my bailing out on the 067980 charge in RMC 12 CR 12420(wherein the "approach" by the RPD (to which RPD Sargent SiIre incidates some level oI complicity between the RPD and RJC in a recording only recently propound by the WCDA just 2 judicial days beIore the 12/11/12 Trial stemming Irom the 1/14/12 misuse oI 911 arrest in rcr2012-065630 (a witness just sadly passed away unexpectedly 2 days aIter the DA complete his direct examination oI her, EComm's Kariann Beechler). 2.1 the audio transcript oI the one hearing in REV 2012-075658 Zach Coughlin vs JeII Nichols. This is relevant to 067980 because its another eviction scenario and establishes a pattern and practice by the RPD, WCSO and RJC to reIuse to uphold my rights while aggressively applying an overly rigid and Iormulaic application oI rules to me as a pro se tenant, and even going beyond that, some might say, at times. Please, this one is important, I need it. A Iormer WCSO Deputy pu 3. I would like you to serve on the WCDA a request Ior discovery and also a subpoena/FOIA (I know, NRS Open Records REquest) on ECOMM Ior any 911 calls, RPD Dispatch calls Irom civilians, or recordings between the RPD or wcso or Reno sparks Indian colony Police or dispatch/ECOMM in any way connected to me, Zach Coughlin, or suspected to be connected to me. I am not going to ask Ior much more, iI you get me all that, I'll be good, iI not...I'll be tedious. 4. any and all recordings made by anyone (RPD, WCSO, Northwinds StaII, bystanders, and especially JeII Chandler or Ryan WRay or anyone else associate with Nevada Court Services) oI ANY interactions with me in any way connected to Northwinds Apartments and my tenancies there (i had three rentals, units 29, 45, and 71). Please have served a subpoena duces tecum on Nevada Court Services directed to anythign (documentation, recordings, etc) related to Zach Coughlin and serve a witness subpoena on NCS's Ryan Wray (might have stopped working there, but still subpoena him please) as well as JeII Chandler. 5. The RMC audio transcript oI the (it woudl cost my $35 i don't have, and they probably have to waive the Iee Ior you, the RJC does when Leslie and the WCPD request recordings) 7/5/12 unnoticed bail hearing in RMC 12 CR 12420 wherein my bail was impermissibly raise Irom a bondable $1,415 to a cash only $3,000 Ior charges that were plainly manuIacture anyways. 6. the 12/3/12 Trial audio transcript in RMC 12 CR 12420. 7. the 12/18/12 audio transcript oI the hearing in 067980 (the case you are on) wherein Jim Leslie (without DDA Young there) was able to get some things done...you likely are required to, or at least, might want to, have this anyways.... I dont' necessarily need the hard copies (you can sign up Ior a Iree hotmail account at www.outlook.com and skydrive them to me, its totally easy, or I can pick them up, copy them, and deliver them to you...i just dont' have the money and the court's nickel and dime me like crazy). 8. The 12/6/12 Iiling in the appeal oI an associated RJC prosecution in rcr2012-063341 (it is the Record on Appeal, basically, but I think they titled it "Notice oI Appeal" on the docket...and the RJC has Iailed to provide me a copy oI it...not even the brand new Iilings listing the index oI documents included in that 12/6/12 Iiling (which is basically a Notice oI Appeal). YES, IT is relevant to this case...it goes to conIlicts analysis to both the RJC (even across departments, especially given some admission by CliIton as to looking over "submission on subpoenas" Irom that 063341 case beIore SIerrazza, on the record in 065630...DDA Young is an eIiler and could easily email you that 20 mb or so 12/6/12 Notice oI Appeal (804 page) Iilign in CR12-2025 (the appeal oI rcr2011-063341, the Iirst oI 10 arrest/incarcerations oI me since 8/20/11). Please subpoena Nevada Court Services Ryan Wray (he may not work there anymore, but he was present at the scene oI the arrest and, obviously, along with Northwinds Manager Duane Jakobs (who testiIied on that 7/31/12 audio transcript I am requesting you obtain and copy me on in rev2012-001048 about the events in question in 067980) participated in attempted break in an Iraudulent Declaration oI Service oI the 6/14/12 5 Day UD Notice. 9. Lastly, please serve the RJC Custodian oI Records a Subpoena duces tecum Ior all records/Iax logs/inIormation/documentation related to any Iaxing oI Orders by RJC Judges to the WCSO between October 24th, 2011 and November 2nd 2011 (each Iax has a job number, etc. I want a sequential printout or log oI those Iaxes as it goes to whether the RJC, in accord with its admitted policy, Iaxed to the WCSO the two diIIerent ORders by Judge SFerrazza related to the Eviction (a 10/25/11 "Eviction ORder and Decision" and a 10/27/11 "Findings oI Fact, Conclusions oI Law, and ORder Ior Summary Eviction". I need to know iI and when such items were Iaxed or transmitted to the WCSO...it is very relevant given the same WCSO Deputy Machen conducted the lockout on 11/1/11 Irom my Iormer home law oIIice, according to the locksmith, REno Carson Messenger receipts, the transcript oI th 6/18/12 criminal trespass trial in RMC 11 Cr 26405 (sworn testimony oI Casey Baker, eSq. and Richard G. HIll, eSq.) demonstrates that the WCSO's OIIice is being obstructive, as is the RJC (whom Iailed to comply with my SCR 105(4)/SCR 119 properly issued and served supboena and subpoena decus tecums oI 10/30/12 in the Iormal disciplinary matter (espeically consiering the 4/11/12 volunteering oI inIormation and documents by RJC judges secretary Lori Townsend), and Iurther speciIy the subpoena duces tecum is Ior the "Iile stamped cover page" oI any Iilign by Couglin in RJC rev2012-000374. 10. the audio transcript oI the 8/7/12 TPO Hearing in RJC RCP2012-000287) Ior Milan Krebs v. Zach Coughlin (Krebs was NOrthwinds Apts maintenance man (the one doing the sawzalling to the metal door oI unit 29 incident to the arrest in 067980...He testiIied under oath the matters oI material direct relevane to the deIense oI this case. This is a no brainer, and the Iact that Leslie continuously reIused to obtain a copy oI this hearing (again, the RJC waives the $35 Iee Ior th wCPD...so what was Leslie's excuse? That Northwind's Apartments sent him some photgraphs oI a microwave? Please. Jim Leslie is a joke. That might be relevant to an evictio hearing, but not to a NRS 199.280 deIense. What Krebs testiIied to at that TPO extension hearing on cross examination is obviously extremely relevant, particularly where there was extensive questioning directed to the circumstances oI the arrest in 067980. 11. Lastly, a subpoena duces tecum on the Custodian oI Records Ior the Reno muni Court and the Custodian oI Records Ior the City oI REno Marshals Ior any an all documentation, marshal's reports, or recordings (Thompsons admitted to makign at least on on or about 3/22/12) in any way related to Coguhlin (obviously, there shoudl be an arrest report Irom the 2/27/12 direct contempt arrest wherein Marshal Harley, as testiIied to by Judge Nash Holmes at my disciplinary hearing on 11/14/12 via her hearsay oI what Harley told her, has apparently alleged some "disassemblign oI a recording device and hiding a component oI it in the restroom during arestroom break that was begrudingly granted immediately aIter Holmes began interrogating Coughlin about hwether he was "recording the proceedings" and or whether he "had a recording device", upon which, alleged Holmes, Coughlin immediately got "all squirmy and begged to use the restroom"....Okay, lets see the documentation, marshal's report etc. Ior anything, but especially including that. IF they move to QUash I want be copied on it (please copy me on anything anyone sends you ever in any way related to me) as I have some authority and opposition work I woudl like Ior you to at least consider incident to any reply you may wish to Iile....this is relevant. RJC CliIton signed an ORder Ior Competency eval on 2/27/12 at 1:31 pm...JUDge Nash holmes could nto be Iound by her staII at that time, despite the traIIic citaiton trial connected to Richard G. Hill, Esq.'s oIIice and the trespass arrest being schedule to occur then...both HOlmes and CliIton were mysteriously transIerred criminal cases involving Coughlin on 2/27/12...both are liIelong prosecutors, Iormerly Holmes was CliIton's boss Irom about 91 to 94 ish (not to mention Linda Gardner was a coworker (see 54844 and 60302), and Nash Holmes 3/14/12 grievance against Coughli nto the SBN admits to communications with the WCPD about Coughlin. 12. please subpoena duces tecum the WCPD as to anything in any way related to HOlmes admission regarding the WCPD in her 3/14/12 grievance... 13. Lastly, please serve a subpoena duces tecum on the custodian oI REcords Ior Richard G. HIll, ESq. and his Iormer associates new Iirm in Kentucky, Casey D. Baker, Esq's Baker and Baker or whatever tey call themsleves narrowly tailored to any documentation, recordings, or inIormation baring on when and iI their oIIice provided the two diIIerent eviction ORders to the wcso oIIice (Baker's testimony at the 6/18/12 crimnal trespass trial (there is an oIicial transcript at te link) sheds some light on this vis a vis October 28th, 2011...and Iamiliarzie yoursleI with the void/stale order concept incident to NRS 40.253's requirement that the lockout be done "within 24 hours" oI "receipt oI the order"....by the WCSO...the same deputy makign the arrest in 067980 conducted that lockout and Iiled a Iraudulent aIIidavit oI service on 11/7/11 alleging to have "personally served" me...which his supervisor was oIrced to admit, in writing, he did not, but rather merely posted the order on the door (hill lied at the 6/18/12 trespass trial in testying "they posted it to the door because you ran away" despite that being completely Ialse, and where HIll admits he was not even present that day, and his associate completely Iailes to back up hill's baseless, deIamatory accusation (one oI many by Hill). And that's it. You do all that and provide a reasonable return and attempt to counter all the bs MOtions to Quash sure to ensue, and we are straight. You can move to withdraw and I will give you glowing review, I promise. Hell, I will even draIt all these subpoenas Ior your approval and the oppositions to the motions to quash iI you like, and provide the authority in support oI them. But I need you to issue the subpoenas and have them served, and get the recordings, etc....even iI they make you pay Ior them, none oI this adds up to more than $200 (perhaps you can Iile a notice oI appearance, iI an eIiler on the cr12-2025 under some justiIication that is is necessary to the deIense herein or I would allow you to appear as co- counsel provided you dont' insist on hijacking things..., but obviously paying $1 page Ior all 804 pages hard copy Irom aint goign to work.... I really appreciate any help you can provide. SiIre's admissions as to said complicity may provide a basis Ior your Iiling a Motion to conIlict out the rjc and the wcda's oIIice (in addition to DDA Kandaras' involvement in the turning over oI my smartphone and data card to the City oI Reno Marshals and the RMC in 11 TR 26800, as admitted to by WCSO Hodge to me, in Iront oI local attorney Pam Willmore (I was arrested incidnet to a contempt Iinding at the 2/27/12 trial beIore judge Nash Holmes, and it was not until aIter my property was booked into my personal secured property and well aIter any time Ior a "search incident to arrest" that the WC Jail released to the RMC and its Marshals on 2/28/12 my property, which was returned 37 days later wiped oI all data incident to an Order oI 3/30/12 that seems to have clearly be responsive to a Iiling by me in NVB 10-05104 beIore Judge Nash Holmes and Washoe Legal Services Exec. Director Elcano 1977 McGeorge SOL classmate, NVB Judge B. Beesley....all three oI whom testiIied at my 11/14/12 Iormal disciplinary hearing at the SBN, despite SCR 105(2)(c) being desecrated in every way imaginable, another Mirching to besmirch the judicial system in Nevada. DDA Kandaras is on the NNDB and reIuses to deny that she or David Hamilton, Esq. (Richard G. Hill, Esq.'s best Iriend) were on my screening Panel. This IS revelvant to what you are getting seven bones Ior, under a conIlict or disqualiIication analysis (I would like a reason why this case was transIerred on 2/27/12 Irom Judge Lynch, same day another case in the RMC was transIerred to jUdge Holmes (the 1/12/12 custodial arrest Ior jaywalkign cuz richard g. hill said to cas in rmc 12 CR 12420. 7/5/12 in RJC Rev2012-001048 (this is the summary eviction Irom the very unit #29 rental at Northwinds Apartment, 1680 Sky Mountain Drive that I was arrested at on 6/28/12 in the matter you were assigned and contracted to handle Ior $700.00). I did not attend the hearing because I was rearrested on 7/3/12 by the Reno Police Department just blocks Irom Northwinds Apartments in RMC 12 CR 12420 (a custodial arrest involving three charges, one, a simple traIIic citation Ior Iailure to secure a load on one's vehicle (they allege an empty plastic storage tub Iell oII my vehicle), two, no prooI oI vehicle insurance (despite RPD OIIicer Alan Weaver admitting that I showed him a high resolution pdI oI my then current USAA auto insurance on a 4.7 inch smart phone screen...he said it had to be a paper printout), and three, "disturbing the peace" based upon the criminal complaint signed by Northwind's Apartments maintenance man, 23 year old Milan Krebs (whom obtained a TPO against me Irom the RJC in RCP2012- 000287 on 7/5/12 aIter the RPD Iraudulently urged Krebs to apply Ior one incident to the 7/3/12 arrest, as Iurther conIirmed by the commentary by the same RPD Sargent SiIre (only Iinally propounded to me Iollowing a 12/5/12 email Irom the WCDA inIorming me oI the availability oI such discovery please let me know, in writing, and with speciIics, whether or not you will move, in writing, to obtain the above indicated materials, and provide an indication oI how soon you will do so, with prooI thereoI. Sorry to have to ask Ior that, but time is oI the essence and I need to know iI this is going to work out with you or not. II it does, I will absolutely credit you Ior being a IaithIul deIender oI the Sixth Amendment, and maybe more. Sincerely, Zach Coughlin 'Covington's threats vis a vis State Bar oI Nevada 62337 From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Fri 2/01/13 1:01 PM To: jhelzerda.washoecounty.us (jhelzerda.washoecounty.us); triandada.washoecounty.us (triandada.washoecounty.us); MBaysda.washoecounty.us (mbaysda.washoecounty.us); sjstewartda.washoecounty.us (sjstewartda.washoecounty.us); tgallida.washoecounty.us (tgallida.washoecounty.us); plipparellida.washoecounty.us (plipparellida.washoecounty.us); plipparda.washoecounty.us (plipparda.washoecounty.us); zyoungda.washoecounty.us (zyoungda.washoecounty.us); phalsteadda.washoecounty.us (phalsteadda.washoecounty.us); complaintsnvbar.org (complaintsnvbar.org); lcastillonvcourts.nv.gov (lcastillonvcourts.nv.gov); tlindemannvcourts.nv.gov (tlindemannvcourts.nv.gov) Dear ADA Helzer, In her 12/13/12 email to WCPD Leslie, DDA Kandaras admits that there is an incapacity issue with Coughlin, yet the WCDA's OIIicer persists with the 1/22/13 Trial in 065630. Instead oI moving Ior a competency evaluation, Leslie and Kandaras (and Watts-Vial, the DDA, not the Judicial Assistant lawyer Ior Judge Walker) abuse process, dodge and obstruct Coughlin's subpoenas on 2JDC Judges and Adminstrators, and the RJC Custodian oI Records, Washoe County SheriII's OIIice, etc., etc. This is awIully similar to the besMIRCHING oI the legal proIession's dignity here in Northern Nevada awhile back in In Re Mirch...some SBN WCDA's OIIice synergy there too. The thing about WCPD Leslie's protection order that is the most striking lie, is that the linked clip is not a "video" at all. It is audio only. Further, nothing in the audio could possibly be said to amount to a "vow to continue harassing his Iormer public deIender". Jim Leslie is a liar and a Iraud. And one oI the best prosecutor's the WCDA's OIIice has. Also, Paula Cambpell oI the State Bar oI Nevada completely disputes Bar Counsel Pat King's attributions to her in his own TPO Application, which, as usual, contains King's brand oI lying every other word out oI his moutn. A FOFCOL is not an Order. King, you demand Coughlin call ahead prior to coming to the SBN to Iile anything, then, when he does, you characterize it as requiring you call the police? Ever heard oI a post hearing motion? Why doesn't King and Clerk oI Court Peters try to lie a little less about the representations they make to Respondent's vis a vis SCR 105(4), SCR 110, and SCR 119(3), and all the ex parte communications with the Panel that King admits to intending to make during a 10/15/12 conversation with Coughlin in NG12-0204? And coached up that Panel was...ruling on voluminous motions on 10/3/12 beIore the Order appointing Panel Chair Echeverria could have even arrived in the mail given NNDB NVDETR Chairman Susich's Order appointing the Panel is signed and dated 10/30/12. Oh, that's right, no time Ior "a regular motion cycle" to quash all oI Coughlin's subpoenas. And look, its a prosecutor's world here in Northern Nevada. And there will always be the prosecutor's at the SBN there to catch them iI they Iall, like with In Re Beckett (Bare couldnt' bring himselI to characterize a crime with the exacting wording in its elements as that Iound in SCR 111(6) as a serious oIIense? No matter, even upon the Supreme Court doing it Ior him, Beckett got the ol' SCR 111(10) pass, aIter an arduous week oI rehab "cured" him...). And no biggie with Willardson having an aIIair with the Judge while appearing in case beIore him...http://www.lvrj.com/news/lawyer-who-had-relationship-with-judge-won-t-Iace- discipline-Irom-bar-189160421.html?reI421 What am I being disbarred again Ior? Oh, that's right, Iormer WCDA DDA domestic violence attorney now Judge Linda Gardner sanctioned me under NRS 7.085 Ior asking Ior alimony Ior the domestic violence victim I was representing as a legal aid attorney...Iinding it vexatious (though not requiring, under any canon, her to report anything related to Coughlin's advocacy there to the SBN...) despite her 6/19/09 FOFCOL and Decree oI Divorce ultimately including a $1.00 per year jurisdictional reservation alimony award...and 18.010(2)(b) address only Irivolous and vextious claims or deIense, not "Iailing to conduct discovery" or "sarcastic" presentation. So either Judge Gardner violated a Canon by Iailing to report Coughlin to the Bar Ior some alleged violation oI an RPC, or Bar Counsel King is violating RPC 3.8, 4.1, 3.3, and 3.4 by taking Judge L. Garnder's 4/13/09 Order AIter Trial that he got Irom RMC Judge Nash Holmes aIter Judge L. Gardner passed it to her brother, RMC Judge W. Gardner, whom passed it to all the other RMC Judges. RMC Judge Nash Holmes also admits to the WCPD potentially violating the attorney-client privilege in communicating with her, Ior god knows what reason, in her 3/14/12 grievance against Coughlin to the SBN, where she alleges Coughlin is "decompensating", though, Judge W. Gardner admitted on the record on 4/10/12 that Judge Nash Holmes violated Nevada law by Iailing to notiIy the other departments oI the RMC in wirting oI her suspension oI the trial oI 2/27/12 in 11 TR 26800 upon her Iinding Coughlin's competency in question and "reIerring this matter to the State Bar", but not beIore she established the majority viewpoint in the law by Iailing to grant even a brieI stay to an attorney representing clients prior to summarily incarcerating him Ior summary contempt (she characterized it as criminal, but cited to civil statutes, though, conveniently avoided NRS 22.030(2), which would required ol' shiIty Marshal Harley to put it in an AIIidavit, which he deIinitely does not want to do. And NNDB/WCDA DDA Kandaras had to sign oII on Judge Nash Holmes 3/30/09 Order resleasing Coughlin property to him (which oddly, contrary to the booking intake Iorm listing Coughlin's personal property as including a stand alone micro sd card, only mentioned two phones and a shaver...though the smartphone had the micro sd card inserted into it...though all the date was wiped Iorm everything....hhmmmmn. And Coughlin did not lie to Judge Nash Holmes during the 2/27/12 Trial, period. She was reduced to alleging he lied about having recording devices (because neither she nor anyone else invovled wants to address the warrantless conIiscation oI Coughlin's property not incident to a search incident to arrest where the WCSO released Coughlin's property to the City oI Reno Marshals a day aIter he was booked and where Coughlin's property was already booked into his own personal property at the jail, its not a Diaz search incident to arrest, its just a Fourth Amendment violation at that point... But the thing is, the audio transcript oI the 2/27/12 Trial clearly shows that Coughlin made an "open reIusal" to indicate whether or not he had any "recording devices", telling Judge Nash Holmes "what is in my pockets is private, and that's a Fourth Amendment issue..."whereupon she changed her question, asking Coughlin is he was presently recording the proceedings. Coughlin responded truthIully that he was not. Feeling the reasonableness oI her sua sponte interrogation evaporating, Judge Nash Holmes moved on....and showed up at Coughlin's 11/14/12 Iormal disciplinary hearing with an awIully slippery version oI the events that day, easily disproven by a simple review oI the audio transcript, not that Panel Chair Echeverria was going to let that happen. One restroom break. No interrogation about recording or "recording devices" until AFTER that one restroom break. Judge Nash Holmes tried to cobble together a Iinding oI reasonable suspicion by alleging she queried Coughlin about recording and recording devices, whereupon he quickly "got all squirmy and begged to use the restroom". Yeah, no. Didn't quite happen. Nice try, though. Oh, well, Judge Nash Holmes will just allude to some unsworn unattributed hearsay to stand in place Ior the Iailed proIIer oI Iacts supporting reasonable suspicion... Its odd that Washoe Legal Services Iired Coughlin, asserting it was solely due to Iormer WCDA's OIIice domestic violence attorney now 2JDC Judge Linda Gardner's 4/13/09 Order AIter Trial in DV08-01168 when considering the docket in FV09-00886 shows then WLS Board President Breckenridge picked up the cd oI the hearing wherein Coughlin represented a male domestic violence victim, and in doing so so upset Roxanne oI the CAAW run TPO Advocates oIIice. Then there is CAAW complaining about Coughlin incident to the Carnine case. So...is CAAW an independent contractor? Is 2JDC Judge Gardner "a party" Ior an RPC 4.2 analysis? Would that make the WCDA's OIIice an inappropriate choice Ior an entity to prosecute Coughlin here? That Joshi 01168 Trial started on 3/12/09...The Uribe TPO was on 3/12/09. Carnine was on 3/13/09, and the Joshi 01168 Trial concluded on 3/17/09, with another Hearing in Uribe on 3/20/09...and the Board oI Equalization appeal WLS's (WCDA's OIIice ECR partner, another conIlict) dropped oII on Coughlin a week beIore the 3/10/09 Iiling dealinde came due and was Iiled by Coughlin on 3/10/09. And while Coughlin's competence to practice law has been put in question by DDA Kandaras' Iellow NNDB members...the Davenport case The SBN and DDA Kandaras's Iellow NNDB members are attempting to disbar me. A big part oI that is the $42,060 attorneys Iee award by my and Patridcia Halstead's Iormer coworker, now 2JDC Judge Flanagan, incident to the Motion Ior Attorney's Fees Iiled by Richard G. Hill, Esq. on the same day 2JDC Judge Elliott incarcerated me Ior asking a question about my HIPAA rights incident to DDA Young (and Ms. Halstead bares some responsibility there as she was listed as attorney oI record as well) violating the stay in NRS 178.405 by making one oI his myriad demands upon local judges to take me into custody Ior mentioning some constitutional right or other (it really is marked how DDA Young orders Judges around, very impressive the command oI the judiciary your oIIice has, some might say). Besides that, on May 7th, 2012, the day an Opposition was due to Hill's attorney's Iee motion, DDA Young attempted to hold a Trial against me in RCR2011-063341 (the iPhone case), and WCPD Joe Goodnight admitted minutes beIore the trial started that he had not viewed the excuplatory video wherein I obtained a conIession Irom material witness Nicole Watson that the man who picked up the iphone oII the ground in the middle oI the downtown skate place in Iront oI City Hall, threatened to throw it in the river iI someone did not claim it immediately. The WCPD couldn't even be bothered to mail out a certiIied mail subpoena Ior a misdemeanor trial to attempt to served that McQueen High School student, Nicole Watson. Also, during the 8 days I spent in jail starting on 4/19/12, I was deprived my regular psychoactive medication. Yet, your oIIice persists in a prosecution in 065630 based upon an allegation that I lied in asserting that an oIIicer was shining a Ilash light in my Iace, when really, the oIIicer asserts, he was merely shining the Ilashlight at my shoulder.... My Boyd School oI Law 2000 classmate Chris Hicks saw me at the cross walk between the Mills Lane Justice Center and the District Courthouse and ambled down the sidewalk in an eIIort to avoid cross paths with me, just last week, jaywalking in the process. I was arrested, a custodial arrest, Ior such jaywalking on 1/12/12 in 12 RMC 00696. At some point, is playing kick the can with the struggling civil rights attorney with mental health issues incident to a 18 month slide Iollowing a divorce beneath the WCDA's OIIice? I believe it is impermissible to have Investigator Covington essentially practicing law without a license where DDA Young has been walled oII Irom any oI my attempts to communicate with him regarding CR12-2025. This has made it impossible to discuss settings, and other matter. Additionally, I think (combined with what I Ieel is misconduct by DDA Watts-Vial and DDA Kandaras incident to the Iailure oI 2JDC Judges and Administrators and RJC Custodian oI Records to respond to my subpoenas and subpoena Duces Tecums Ior the 11/14/12 Iormal disciplinary hearing, and Kandaras egging WCPD Jim Leslie on to Iile a baseless abuse oI process TPO in RJC RCP2012-000599 (DDA Kandaras is on the NNDB, and reIused to deny that she was on the Screening Panel Ior my case). Now, just two days ago Inspector Covington made veiled threats relative to phone conversations I had with the State Bar oI Nevada, and I believe it is impermissible to have NNDB member Kandaras, a party, also prosecuting me with your oIIice, particularly wherer DDA Young is not excused Irom his RPC obligations, despite the attempts to wall him oII Irom any oI my communications. The Iailure to propound the Brady material that Iinally was provided on aIter I received an email notice oI its availability on 12/5/12 is particularly troubling considering how close in time that is to the 12/11/12 trial in RCR2012-065630, and the extent to which Sargent SiIre's commentary, some might say, indicate some level oI complicity between the RJC And the RPD incident to the 6 or so wrongIul evictions and arrests I have been subjected to this year. I am just trying to stabilize and get back on my Iee. I have lived here all my liIe and have strong ties to the community and would gladly welcome and opportunity to dispose oI all three oI these criminal matters in exchange Ior a waiver oI any civil causes oI action I might have in connection with these three prosecutions and the arrests underpinning them and the wrongIul evictions and anything related to the RJC. I only want to do something like that iI it is legally permissible to, but I have seen some authority (ie a Am Trials articler "Representing Lawyers in Disciplinary Matters" that suggests doing so is permissible iI the District Attorney's OIIice signs oII on it...). I appreciate the opportunity to address some oI my concerns here. RespectIully Submitted, Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlinhotmail.com Zach has 104 Iiles to share with you on SkyDrive. To view them, click the links below. 11 13 12 wcda wcso watts vial supboena correspondence 441pm.pdI 11 14 12 0204 Galli WCDA and NNDB Kandaras's Mtn to Quash Subpoenas on WCSO Machen DDA Young 03628 2025 1262 0376 2064.pdI 11 14 12 0204 RJC Schroeder 374 Orderny Denying Coughlin.pdI 11 14 12 063341 Kandaras Emergency ex parte 0204 quash Coughlin Motion to Quash Subpoenas (1).pdI 11 14 12 vol 3 0204 bates 1 TO 574.pdI 11 14 12 WCDA DDA Kandaras 0204 Motion to Quash Subpoenas.pdI 11 14 12 wcso kirkham judge linda gardner 0204 54844 0435 2025 01168.pdI 11 15 12 063341 Submission oI Materials Related to Subpoenas etc 0204 1708 cover page stamped.pdI FV09-00886 - JOSE URIBE VS. KARINA CAMACHO VALDEZ (DM) WLS President Breckenridge has CD oI EPO hearing burned picked up 4 10 09.pdI 3 10 09 01168 wls 54844 0204 Coughlin tax appeal Ior Elcano days beIore L. Gardner Trial 4 13 09 sanction order 09-403 Washoe Lgl-Final.pdI 3 12 09 0204 Uribe EPO Hearing Exhibit photographs oI abuse DV09-00886 0204 CAAW Advocate Aghast WLS President Breckenridge Orders hearing cd picked up 4 10 09 01168 01955.pdI 3 13 12 158 pm 26800 Nash rmc SUA SPONTE ORDER DENYING RELIEF SOUGHT IN IMPROPER DOCUMENT.pdI 3 13 12 216 pm with ex1 iIp 26800 ORDER STRIKING FUGITIVE document nash rmc.pdI 3 13 12 1238pm 11 TR 26800 SUA SPONTE ORDER DENYING RELlEF SOUGHT IN IMPROPER DOCUMENT RPD WCSO RMC RJC NASH KING CLARK SBN.pdI 3 13 12 email Irom wcso debi campbell dcampbellwashoecounty.us 26800 0204.pdI 3 14 12 grievance by Judge Nash Holmes RMC 26800 0434.pdI 3 15 12 000374 Lockout Order PTTHOA wcso 0204 with Iax headers schroeder.pdI 3 20 12 Elliot 0204 CAAW Crisis 01955 Order Awarding Fees 03.20.12.pdI 3 21 12 per judges Orders Marshal Deighton rmc 11 tr 26800.pdI 3 22 12 0204 email Irom RMC Administrator Cassandra Jackson to SBN and RMC Judges and Judicial Assistants 0204.pdI Download all
RE: notice to set in cr12-2025 From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Tue 1/29/13 4:55 PM To: Covington, Mark H. (mcovingtonda.washoecounty.us); phalsteadda.washoecounty.us (phalsteadda.washoecounty.us); chicksda.washoecounty.us (chicksda.washoecounty.us); plipparellida.washoecounty.us (plipparellida.washoecounty.us); complaintsnvbar.org (complaintsnvbar.org) this is not right. that's the unauthorized practice oI law an attempt by DDA Young and the WCDA to skirt the RPC by having a non-attorney deal with the opposing side. the attorney's in the WCDA's OIIice have a supervisory capacity here, one that was not all that well kept during CR12-0376 and incident to the numerous violation oI the mandatory stays associated with the multiple competency evaluations. Now, Inspector Covington is continuing Iurther with the original baseless threats about dissuading witnesses Irom October 2011 in making allegations on the telephone to Coughlin accusing Coughlin oI some Iurther misconduct. "he advised me that, iI this is regarding...is nonsense codswallop and is not a basis Ior excusing Young proIessional obligations. Further, SCR 109 and SCR 119, SCR 105(4) control, not NRCP 45, and WCDA DDA Kandaras (a NNDB member) has no place Iiling motions to quash considering her role in the conIiscation oI Coughlin's smartphone and wiping oI data therein aIter 37 days incidnet to 11 TR 26800 Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlinhotmail.com From: MCovingtonda.washoecounty.us To: zachcoughlinhotmail.com CC: jhelzerda.washoecounty.us; DA-InvestSupervisorswashoecounty.us Subject: RE: notice to set in cr12-2025 Date: Tue, 29 Jan 2013 19:50:11 0000 Mr. Coughlin, aIter our phone conversation, I spoke to Mr. Young about this issue. He advised me that, iI this is regarding your appeal case, please set a date with the court and he will answer in due course.
II you have any questions about this, please inquire via e-mail.
Mark Covington Supervising Investigator
From: Zach Coughlin |mailto:zachcoughlinhotmail.com| Sent: Monday, January 28, 2013 5:00 PM To: Howden, Heidi; Young, Zach Subject: notice to set in cr12-2025
Can we stipulate to a date Ior the notice to set tomorrow? Also, I have not been provided the 12/6/12 ROA or "Notice oI Appeal" Irom the RJC that is 804 pages long, but DDA Young has...which is entirely unIair. Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlinhotmail.com Further, Judge CliIton indicated on the record to Couglhin on 2/12/13 that a Bench Warrant Ior Failure To Appear issued Ior Coughlin's arrest on that date at 9:36 am, however, the docket in that matter indicates that such warrant issued at 1:00 pm on 2/12/13. Couglhin was allegedly late to court that morning Ior a 9:00 trial, allegedly calling the Court at approximately 9:35 am (where the continuation Io the trial was set to start at 9:00 am) to report that he had slept through two diIIerent alarm clocks aIter being up most oI the night preparing Ior the trial, having diIIiculty adjusting his daily routine due to the arrests oI 2/2/13 (conIined and taken oII his medication until his release on 2/5/12 at 1:30 am Docket in 12-065630 '3/19/13 Misdemeanor Judgment Filed (Judicial OIIicer; CliIton, David ) on February 13, 2013, AMEMDED by Judge CliIton to read Misdemeanor commitment Order 'NRS 4.230(d)The time when the parties, or either oI them, appear, or their nonappearance, iI deIault be made; a minute oI the pleadings and motions; iI in writing, reIerring to them; iI not in writing, a concise statement oI the material parts oI the pleading. 'NRS 4.230(I)The demand Ior a trial by jury, when the same is made, and by whom made, the order Ior the jury, and the time appointed Ior the return oI the jury and Ior the trial. 'NRS 4.230(k)The receipt oI a notice oI appeal, iI any be given, and oI the appeal bond, iI any be Iiled. 'NRS4.230Docket: Entries; Iorm. 1.Every justice must keep a docket, in which the justice must enter: (a)The title oI every action or proceeding. (b)The object oI the action or proceeding; and iI a sum oI money be claimed, the amount thereoI. (c)The date oI the summons, and the time oI its return; and iI an order to arrest the deIendant be made, or a writ oI attachment be issued, a statement oI the Iact. (d)The time when the parties, or either oI them, appear, or their nonappearance, iI deIault be made; a minute oI the pleadings and motions; iI in writing, reIerring to them; iI not in writing, a concise statement oI the material parts oI the pleading. (e)Every adjournment, stating on whose application and to what time. (I)The demand Ior a trial by jury, when the same is made, and by whom made, the order Ior the jury, and the time appointed Ior the return oI the jury and Ior the trial. (g)The names oI the jurors who appear and are sworn, and the names oI all witnesses sworn, and at whose request. (h)The verdict oI the jury, and when received; iI the jury disagree and are discharged, the Iact oI such disagreement and discharge. (i)The judgment oI the court, speciIying the costs included, and the time when rendered. (j)The issuing oI the execution, when issued and to whom; the renewals thereoI, iI any, and when made, and a statement oI any money paid to the justice, when and by whom. (k)The receipt oI a notice oI appeal, iI any be given, and oI the appeal bond, iI any be Iiled. 2.The Court Administrator shall prescribe the Iorm oI the docket and oI any other appropriate records to be kept by the justice, which Iorm may vary Irom court to court according to the number and kind oI cases customarily heard. 'NRS4.240Entries in docket prima facie evidence of facts.The several particulars oI NRS 4.230 speciIied must be entered under the title oI the action to which they relate, and (unless otherwise in this chapter provided) at the time when they occur. Such entries in a justice`s docket, or a transcript thereoI, certiIied by the justice, or the justice`s successor in oIIice, are prima Iacie evidence oI the Iacts so stated. Docket in 12-065630 indicates: '01/17/2012 Public DeIender Appointed 1/23/12 Case Filed 1/23/12 Formal Charges USE OF THE 911 EMERGENCY SYSTEM WHEN NO ACTUAL OR PERCEIVED EMERGENCY EXISTS, a violation oI NRS 207.145 '2/14/12 CANCELED Arraignment (10:00 AM) (Judicial OIIiter: Pearson, Scott) Vacated Arraignment (10:00 AM) (Judicial OIIicer: Pearson, Scott) Dogan was appointed to deIend Couglin on 1/17/12, and the WCPD's OIIice sent Coughlin a letter notiIying him oI Dogan's appearance as attorney oI record on on January 26 th , 2012, and Dogan's supervisor, Chris Fortier emailed Coughlin on 2/6/12 to discuss Dogan's representation, and Dogan an Coughlin met and discussed the case on 2/8/12, at which time, to Coughlin's understanding, Dogan agreed to appear on Coughlin's behalI at the 2/14/12 arraingment and enter a not guilty plea. Given the charge was a gross misdemeanor, under Nevada law, Coughlin was entitled to 'representation at all stages oI the proceedings, including the arraignment. Dogan Iailed to appear, though he was required to. The RJC 's Judicial Secretary Lori Townsend voluntarily sent the SBN OBCs King the 2/21/12 Iiling by Coughlin represented by the Iollowing docket entry: '2/21/12 Notice Aotice of Appearance. Entry oI Plea oI Not Guilty, Waiver oI Right to Arraignment; Motion to Dismiss Iiled. (DDA Young Iailed to ever oppose this Motion to Dismiss, to which, on 3/19/13 Judge CliIton rejected Coughlin's DCR 13(3), Polk v. State argument that such Iailure to oppose should be taken as an admission, makign a sua sponte argument that DDA Young 'implicilty opposed Coughlin's Motion. Further problematic is the unexplained transIerring oI 12-065630 Irom D1, Judge Lynch, to D5, Judge CliIton, on 2/27/12. '2/27/12 Mandatory Status ConIerence (1 :30 PM) (judicial OIIicer: Schroeder, Jack) The docket does not indicate that MSC oI 2/27/12 was 'CANCELLED (as it does Ior the 3/29/12 date), yet the RJC has continued to maintain that no audio transcript is available Ior that hearing due to the Iact that it was not held. The docket entry immediately thereaIter, Ior the same 2/27/12 date, indicates '2/27/12 Order Ior Competency Evaluation Filed. '2/28/12 Case TransIerred to Another Court to D.C. 2127120/2 PSYCH 5/23/12 Remand Irom Second Judicial District Court Filed The docket indicates Coughlin, then a an attorney license in Nevada, Iiled a ''2/21/12 Notice Notice oI Appearance. Despite that, Judge CliIton steadIastly reIused to allow Coughlin to Iile documents thereaIter or issue his own subpoenas, subjecting Coughlin to the threat oI contempt charges and worse. '8/21/12 Hearing Result (Judicial OIIicer: SIerrazza, Peler ) DeIendant Iailed to appear, DeIense requested that this cose be continued and set with his misdemeanor Reno Justice Court Case set Ior August 29, 2012 01 8:30A.M. State opposes as this is Mr. Caughlin's second time Ioiling to appear. DeIense's motion is GRANTED. MSC is setIor August 29,2012 at 9:00A.M. Coughlin dispute the allegation that he Iailed to appear on either 2/14/12 or 8/29/12, rather, the WCPD Iailed to appear despite agreeing to at the 2/14/12 arraignment, and the WCPD admits to Iailing to notiIy Coughlin in writing Ior the 8/6/12 hearing, and the docket Iails to contain any entry on 8/6/12 to indicate that some Motion Hearing was to be held on that date, or that such was continued. Rather, the Iirst appearance in the RJC's docket oI any indication that there was some 8/6/12 hearing in 12-065630 is indicated in the docket entry Ior 8/21/12. '8/27/12 Motion Hearing (8:30 AM) (Judicial OIIicer: SIerrazza, Peter) Parties Presenl: PlaintiII The State oI Nevada Deputy Dislrict At/orney Yaung, Zach DeIendant Coughlin, Zachary Barker Public DeIender l.eslie, James Briand ' '8/27/12 Amended Criminal Complaint Filed (Judicial OIIicer: SIerrazza, Peter ) Stricken '8/27/12 Hearing Result (Judicial OIIicer: SIerrazza, Peter) The State moved to strike Second Amended Criminal Complaint. '8/27/12 Motion Granted (Judicial OIIicer: SIerrazza, Peter) to Strike Second Amended Criminal Complaint. '8/27/12 Hearing Result The Slate read oIIered plea negotiations into the record at which time the DeIendant accepted the oIIered plea. the State filed Amended Criminal Complaints. Hearing proceeded at conclusion oI the hearing, the Court will not accept DeIendant's plea. The State moved to Strike Amended Criminal Complaint. GRANTED. Mandatory Status ConIerence remains set August 29, 2012, at 9:00A.M. It was overly prejudicial to Coughlin's deIense Ior Judge CliIton to, unexplainedly, be given some: '11/5/12 Correspondence Recieved via mail Irom Reno City Attorney's OIIice Re: Written Objection Pursuant to Reno Justice Court Rule 45 (RJCR 45) Regarding E-mailed Subpeonas to City oI Reno Emergency Communication Center Irom Zach Coughlin Concerning RCR2011-063341. Further, in RJC RCR11-063341, the docket entry Ior 7/16/12 only serves to prove Coughlin's contention that during that Trial date Judge SIerrazza indicated that the 8/29/12 court date would not be a trial date, but rather: 'Hearing Result (Judicial OIIicer: SIerrazza, Peter ) DeIense movesIor continuance; Public DeIonder Jeremy Bosler indicated that a new Deputy Public DeIender shall be appointed to take over the case. State Agrees. 1rial shall be set on August 29, 212. All Motions shall be decided at that date. The subsequent need to have an appearance oI the docket entry Ior 8/9/12 does little more than prove that Coughlin's newly introduced WCPD Leslie (a ChieI Deputy Public DeIender who never handles misdemeanor cases, save Ior taking over all three oI Coughlins Ior the express purpose oI sabotaging them to beneIit the Washoe County Iisc), whom replaced WCPD DPD Goodnight minutes beIore the 7/16/09 Trial date, lobbied behind the scenes to Judge SIerrazza to enter such a Notice/Order to deIeat Coughlin's argument that the 8/29/12 date was not a 'Trial date, but rather set Ior disposing oI 'pre-trial motions, and to then set a Trial date should one be necessary. Leslie, as his is wont, oI course, attempted to jam both the hearing oI pre-trial motions and an MSC in 12-065630, and a hearing in 12-067980 all into that 8/29/12 date (which occurred a couple days aIter Leslie successIully oI the only inviolable right oI criminal deIendant that Leslie had yet to rape, ie, Coughlin's right to decide whether to accept the State's plea bargain or to go to trial). While that docket indicates '8/9/12 Notice The Honorable Peler J. SIerrazza will hear Motion to Suppress at the time set for 1rial" that entry was, oI course, interpreted to mean the trial was set Ior 8/29/12. OI course, that 8/9/12 docket entry does not actually indicate that the trial date was set for 8/29/12. This materially prejudiced Coughlin's deIense, as did Leslie's lying to his client Coughlin regarding his arranging Ior the 'witnesses to be held to their subpoenas (Templeton and Dawson...Dawson later admitted to Coughlin Leslie told him not to show up Ior the 8/29/12 date, and Leslie, only inIormed Coughlin that he released all witnesses Irom their subpoenas well into the State's presentation oI its case during the Hearing on the Motion to Suppress (going beyond a Iailure to communicate with his client, Leslie actually purposeIully mislead his client, Iailed to review the exculpatory video/audio oI the arrest/assault and battery oI Coughlin just prior to the arrest/and subsequent investigatory videos Irom one week aIter the arrest wherein the material witness Leslie and the WCPD reIused to even attempt to serve a subpoena on via NRS 174.345 (not to mention she is a McQueen High School student, so, she's not that diIIicult to track down), Nicole Watson, whom Coughlin caught on tape, knowing she was being recorded, admit to hearing an unidentiIied man whom she witnessed pick up a phone oII the ground int he middle oI the skate plaza (in constrast to Goble's assertions that he careIully set such phone in a hat on a ledge on the perimeter thereoI next to a group oI his Iriends) and threat to throw the phone 'in the river iI someone did not claim it immediately...which is not the case upon a review oI the audio transcript and the docket entry Irom 7/16/12. Rather, that docket entry Ior 7/15/12 indicated '1rial shall be set on August 29, 212. All Motions shall be decided at that date. Setting a trial on a date is Iar diIIerent than setting a trial for a date. Further, indicating 'all motions shall be decided at that date Iails to characterize 'that date as a trial date, rather, is Iurther underscores the extent to which 'that date was set Ior nothing more than hearing, and deciding 'all motions and to then, 'iI necessary set a trial date. The entry in 11-063341 Ior 8/29/12 reads: 'Hearing Result The Stale read oIIered plea negotiations into the record at which time the Defendant accepted the offered plea. Tire State Iiled Amended Criminal Complaints. Hearing proceeded. At conclusion oI the hearing. The Court will not accept DeIendant's plea. The State moved to Strike Amended Criminal Complaint. GRANTED. Trial remains set August 29, 2012. at 9:00 A.M. The docket entry in 11-063341 Ior the Suppressio Hearing demonstrates the clearly reversible error attendant to Judge SIerrazza ruling there was probable cause to make the arrest (despite it clearly being violative oI NRS 171.136, especially where Goble testiIied that he told the OIIicer the phones value was less than the amount required to charge Coughlin with 'Ielony grand larceny and the arrest occurred 'between 7 pm and 7 am). Without anything connected to the 'pat down search, which the docket indicates 'DeIendant's motion to Suppress GRANTED to the extent oI the 'pat down search, there is insuIIicient evidence or support to Iind suIIicient probable cause to arrest existed. The State Iailed to argue any 'inevitable discovery or that Duralde would have 'heard the 'silent 'vibrating incoming call alert (where there was testimony and evidence that the alert was nothign more than the phone's screen lighting up, and no 'vibrating sound...and where the video/audio Io the arrest, taken with a high deIinition audio/video smartphone less than 10 inches away, reveals absolutely none oI the 'vibrating that RPD OIIicer Duralde indicated he could 'hear in connectin with his pat aown search (and at that point, it was a second quasi-pat down search (read, really a Fourth Amendment violating search and seizure, rather than a 'pat down search where, at that point, Duralde indicated he had already discerned that Coughlin possessed no weapons and posed no threat'). The docket entry Ior 8/29/12 reads:Hearing Result (Judicial OIIicer: SIerrazza, Peter) DeIendant addressed motion to appoint co-counSel. DeIenrdant's Counsel addressed motion to appoint co-counsel. The State opposes motion to appoint co-counsel. Motion DENIED. II DeIendant so chooses the Court will conduct a Faretta Canvas. DeIendant moved Ior selI representation. The Court canvassed the DeIendant regarding the Faretta inquiry. The State objects to DeIendant's motion to represent himselI on the grounds that it is untimely and that this is Ior the purpose oI delay and not in good Iaith. DeIendant's counsel addressed motion Ior selI representation. Motion DENIED. The State's motion to Strike all Documents that were Iiled solely by the DeIendant is hereby GRANTED. The DeIendant previously Iiled Motion to Suppress. Motion Hearing proceeded. The State opposes DeIendant's Motion to Suppress. DeIendant's Motion to Suppress GRANTED to the extent oI the "pat down search". Trial proceeded. Witnesses held to subpoenas. Its no wonder that Coughlin Ielt Iorced to conIirm the sole selI representation that he was unlawIully prevented Irom undertaking since his Iiling, as prima Iacie evidence oI is demonstrated oI by the Iollowing docket entries in 11-063341: '2/15/12 Authorization to Represent Filed by Couglin while he was an attorney licensed to practice in Nevada. Another couple Coughlin Iilings on '2/15/12 Motion Filed Motion to Allow Late Filing Pre-Trial Notice and 'Motion Filed Pre-Trial Motion. Additionally, Coughlin's right to represent himselI where he was an attorney licensed in Nevada was denied, revealing clearly reversible error where Coughlin Iiled, as the docket indicates on '2/17/12 Notice oI Appearance Filed and Supplement to Motion to Accept Pre Trial Motions Where Untimely. The stressIul lead up to the 2/29/12 trial date in 11-063341 is a SCR 102.5 mitigating Iactor as to any misconduct alleged in connection with the 2/27/12 or 3/12/12 trial dates in 11 TR 26800. Further, there is no indication in the 11-063341 docket that the required 'notice in writing to all other departments was issued by D5 in response to the 2/27/12 Order Ior Competency Evaluation. Regardless, given jurisdiction was only remanded back the the RJC on 5/18/12 by Judge Elliott, the docket entry oI '5/3/12 Response Reply to State's Opposition to Motion to Supress represents a Iugitive document Iiled in violation oI the stay under NRS 178.405, as was the 2/27/12, 2:55 pm Iile stamped 'Opposition to Motion to Continue Filed Trial date and Motion to Appoint Co-Counsel by DDA Young... As such, it was reversible error to reIuse Coughlin his right to appear on his own behalI, especiall under DCR 13(3) and Polk where, one would think, at some point, DDA Young would be held to having his Iugitive documents and Iailures to oppose held against the State in anywhere near the same overly rigid and Iormulaic application oI procedural rules that Judge CliIton and SIerrazza so consistently applied to Coughlin. Further, the 5/7/12 transIer to Mental Health Court itselI violated the NRS 178.405 stay, as did the State and DPD Goodnight's attempts to hold the '5/7/12 Misdemeanor Trial, as was the setting oI that trial itselI (the RJC constantly moves cases Iorward during such mandatory stays, though the public deIenders most deIinitely do not build a deIense case during such time). '5/7/12 Mcnlal Health Court (Judicial OIIicer: SIerrazza, Peter) DeIense requested /0 be trans/erred /0 Melltal Health Court. StaU did 1101 oppose m IonS! m lhe DeIendalll entered a plea to the charges. The Court Iinds that the DeIendant does 1101 inIocl have to enter a plea. State requested (hat iI/he Court decides to transIer this case 10 Mental lIea/lh Court. prior to that happelling. witness Iees be paid ill the amount oI$75.oo. DeIellSe opposed stating De/erukm! has no means oIpaying witness/ees. 11 is ordered IhlJIIJre DeIondant is topay S75.OO witness/ees by May 7. 20/1 Upon/urther order a/ the COlVt. this cose is traTISIorred to the jurisdiction o/District Court Mental Health Court without a plea. Further, Judge Breen's shameIul summary removal oI Coughlin Irom Mental Health Court was truly appalling. There was absolutely no notice or opportunity to be heard as to the Iraudulent basis Ior the MHC removign Coughlin where the program materials, oIIer, acceptance, and contract entered into with Coughlin was thereaIter, apparently, unilaterally altered by an AA Iocused Judge Breen, whom lacks a medical degree or license to practice medicine, yet, along with Rene Biondo (and the complicity oI silent WCPD JenniIer Rains) reIused to allow Coughlin to take a medication Ior ADD/ADHD/Treatment Resistant Depression that the MHC's Sharon Dollarhide admitted was not excluded by the contract or program materials/rules/guidelines provided to Coughlin. Following that 5/24/12 hearing, Coughlin was accosted by several WCSO Deputies in the hallway oI the 2JDC courthouse demanding to search Coughlin Ior any recording devices and interrogating him as to whether he recorded any oI the 'hearing beIore Judge Breen. It was reversible error to reIuse to reject to plea bargain Coughlin voluntarily and Ireely accepted (and expressly indicated to the Court that he had so done) on '8/27/12 Hearing Result The Stale read oIIered plea negotiatioTIS into lhe record at which lime the DeIondant accepted tire oIIered plea. Tire S,ate Iiled Amended Crimino/ Complo/nls. Hearing proceeded AI conclusion oI the heoring. lhe CalVI will not accept De/elldant's plea. The State moved to Strike Amended Criminal Complaint. GRANTED. Trial remains sel August 29. 2012. al 9:00 A.AI. in 11-063341. Further, the suggestion by Judge CliIton that Coughlin was seeking (or, rather, had successIully attained) an Order Ior Competency Evaluation Irom Judge Pearson (which Coughlin handed to Judge CliIton in court, on the record, on 2/2/13 in 12-065630, requiring a stay oI proceedings in 'all aepartments`, which Judge CliIton, as is his wont, violated Nevada law in willIully ignoring in his patent display oI partiality towards the same WCDA's OIIice in which he was a prosecutor Ior the 25 years preceding his investiture ceremon in January oI 2011. Further, Judge CliIton's evident partiality and the extent to which he has yet to embrace his role as a judge, but rather constantly reverts to the more Iamiliar, to him, role oI a prosecutor, was evident when, during the 3/19/12 Trial date in 12-065630 he announced to Coughlin, on the record: 'I know what I am doing, I have been doing this Ior twenty-Iive years...which is curious given Judge CliIton worked in civil litigation Ior Iive years prior to his twenty-Iive years as a prosecutor with the WCDA's OIIice (where he worked alongside 2JDC Judge L. Gardner in the domestic violence unit Ior some time, a reunion oI sorts Irom their tenure together at Reno High School (class oI '77 and '78, respectively, with the Judge in Coughlin's criminal trespass prosecution in RMC 26405, W. Garnder, L. Gardner's brother, class oI '75). Regardless, prosecutorial and police misconduct was revealed incident to the Iailure to propound the ECOMM recordings between the RPD and ECOMM. That docket entry Ior 12/19/11 reads: 'Request Filed Request/or Discovery, which represents the Iiling by WCPD Goodnight which demanded all recordings (logs or audio Iiles) by Ecomm/RPD, etc....and despite that the ECOMM recordings between the RPD and ECOMM, which totally vitiated the Iraudulent recounting oI 'what the oIIicer's were told by dispatch (the oIIicer's were out oI there cars and on scene, unable to read the logs on their in car screens, and nothing on their radios indicated anything about 'a possible Iight or 'someone just socked a minor, thereIore, no exigent saIety basis Ior the pat down search, etc., etc. (911 dispatchers, one oI which on duty that night was RPD OIIicer Duralde's wiIe, dispatcher Jessica Duralde...a connection that Judge CliIton threatened to jail Coughlin should he mention it again, aIter striking such mention Irom the record on 3/19/13 and 4/2/13 (where Judge CliIton gave similar indications in response to Coughlin unearthing the marital relationship between Judge CliIton and Deputy AG Rhonda CliIton, see 62821, where the AG's oIIice is representing the WCDA's OIIice...and consider that Judge Sattler is a member oI the Board oI Directors oI Washoe Legal Services (replacing CAAW Executive Board member Judge Elliott in CV11-01955, where Coughlin was suing both WLS and CAAW...oh, and WLS's Executive Director Paul Elcano's daughter, 1yler Elcano, Esq., was recently hired as a prosecutor for the Washoe County District Attorney's Office. WLS and the WCDA's OIIice have partnered (with Coughlin's Iormer RMC public deIender, Lew Taitel, Esq....see CV11-03216 and RMC 11 CR 26405, and RJC Rev12-1048, and RCR12-067980, and Rev11-1708 Ior a ConIlict-Palooza...ADA Hezler will have none oI this (or NNDB/DDA Kandaras's 12/13/12 emails to Coughlin's then WCPD CPD Leslie declaring Coughlin's 'competency an issue (implicating NRS 178.405...which oI course, the WCDA's OIIice and RJC as a whole ignored completely, especially at the improperly noticed ('your're here! said Judge CliIton, echoing RMC Jugde Dilworth's statements in response to similar due process/lack oI notice/service arguments made by Coughlin at the 12/3/12 Trial in 12 CR 12420 (which is entirely connected to CV11-03126, RJC Rev12-1048, RCR12-067980, and, thereIore, CV11-03126, and thereIore, CV11-01955, and thereIore RCR12-065630, and thereIore NG12-0204, 0434, 0435, etc., etc., and on and one. Sure the Nevada Constituting requires some to swear to protection 'the Constitution ana the government of Nevaaa` but its a bit much to stretch that and JCRCP 1 to an exception that swallows all dur process protections and procedural rules, not to mention individual liberties and rights altogether. But, it sure helps come re-election time). In there Memorandum oI Costs in 03628, Baker and Hill ask Ior the same $1,060 Ior 'securing the property Ior NBI contractors Phil Stewarts claimed charged that were already denied at the 12/21/11 Hearing on Coughlin's Motion to Contest Personal Property Lien. Law oI the Case. Res Judiciate. Actually Litigated. Lacking merit Ior Baker to seek such costs again in 03628. NRS40.380Provisions governing appeals.Either party may, within 10 days, appeal Irom the judgment rendered. But an appeal by the deIendant shall not stay the execution oI the judgment, unless, within the 10 days, the deIendant shall execute and Iile with the court or justice the deIendant`s undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed. |1911 CPA 659; RL 5601; NCL 9148| NRS40.385stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay.Upon an appeal Irom an order entered pursuant to NRS 40.253: 1.Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction oI the appellate court and irrevocably appoints the clerk oI that court as the surety`s agent upon whom papers aIIecting the surety`s liability upon the bond may be served. Liability oI a surety may be enIorced, or the bond may be released, on motion in the appellate court without independent action. A tenant oI commercial property may obtain a stay oI execution only upon the issuance oI a stay pursuant to Rule 8 oI the Nevada Rules oI Appellate Procedure and the posting oI a supersedeas bond in the amount oI 100 percent oI the unpaid rent claim oI the landlord. 2.A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. (Added to NRS by 1997, 3510; A 2011, 1492) RULE73.bond FOR costs ON APPEAL
Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal , in civil cases a bond Ior costs on appeal or equivalent security shall be Iiled by the appellant in the justice court with the notice oI appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of $25 unless the justice court fixes a different amount. A bond Ior costs on appeal shall have suIIicient surety, and it or any equivalent security shall be conditioned to secure the payment of costs if the appeal is finally dismissed or the judgment affirmed, or of such costs as the district court may direct if the judgment is modified. If a bond or equivalent security in the sum or value of $250 is given, no approval thereof is necessary. AIter a bond Ior costs on appeal is Iiled, a respondent may raise Ior determination by the justice court objections to the Iorm oI the bond or to the suIIiciency oI the surety. The provisions oI Rule 73A apply to a surety bond upon a bond given pursuant to this rule. |As amended; eIIective July 1, 2005.| Coughlin was granted in Iorma pauperis ("IFP") status by the Reno Justice Court on October 6, 2011.42 ROA, Vol. I, pp. 274-275 IFPstatus only applies to the trial level oI litigation, not to appeals. 43 NRS 12:015. Casper v. Huber, 85 Nev. 474,456 P.2d 436 (1969).Accordingly, iI he wished to stay the enIorcement oI the FFCL&O and stop the lockout, he was required to post a supersedeas bond, and obtain an order granting a stay, beIore the lockout occurred. As to the bond requirement, since this case was not a "Iormal" eviction, NJCRCP 73A(a)(1)(4) do not apply. Instead, this case Ialls under the "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Iorin (1), (2), (3) or (4) above, the giving oI an appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed Irom ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.,,44 NJCRCP 73A(a). NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Baker was present in court upon Judge SIerrazza rendering a Iairly detailed order (which Baker completely departed Irom in his proposed FOFCOLOSE, requiring much in attorney's Iees on both sides to correct by Couglin's procurring an Order on 11/7/11 setting aside portions oI the proposed Order Judge SIerrazza signed, which arguably vitiates much oI the rest oI such order, and such, Judge Flanagan's overly deIerential treatment thereroeI (particularly where Anvui requires a 'de novo review, was clear error. Additionally, is Iraudulent Ior Baker to maintain that Coughlin's IFP applied only to 'trial court matters when he was present in Court when Judge SIerrazza waived the Iiling Iee on appeal in the RJC to Coughlin. That, combined with NJCRCP 73's language respecting (and the extent to which Judge SIerrazza's purporting it to be just (and apparently, standard practice amongst RJC Judges) to charge 'three times the monthly rent as an 'bond on appeal Ior 'costs (ie, not a stay, or supersedeas bond) makes everything about Judge SIerrazza's variosu Orders and Baker's BrieI completely wrong. ' Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond Ior costs on appeal or equivalent security shall be Iiled by the appellant in the justice court with the notice oI appeal; but security shall not be required of an appellant who is not subject to costs . Coughlin being granted his IFP in both the trial court and by the trial court as to the 'Iiling Iee (which, arguably, ought extend to the anticipated 'costs underlying the $250 'appeal bond requirement, and thereIore, Coughlin is not 'subject to costs. Regardless, the transcript Irom the Hearing on the supersedeas bond motion in Venetian v. Two Roads makes clear that 'costs are not 'rent, and NRS 69.050 and the use oI and meanings oI the terms 'prevaling party and 'costs therein, and such Chapter being limited to 'judgments, makes clear that no anticipated 'attorney's Iees award could justiIy such an exorbinate 'bond on appeal unless such was actually a 'supersedeas bond that also encompassed any 'bond on appeal (which, again, as to the NJCRCP Rule 73 'RULE73. BOND FOR COSTS ON APPEAL, Coughlin, granted IFP status, would not have to pay). Selection protions Io the Venetian v Two Roads transcript: 'MR . COULTHARD: I think maybe mark the errata, iI that's okay with the court, as Exhibit A, would be important. We did Iile that. Anyway, 40.385 provides a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250.00 to cover the expected costs on appeal. Two Roads posted the bond with the court on October 6th, 2010 . And we provided the notice oI posting a bond. It 's actually Exhibit B to the errata . And then recognizing that it would be unIair Ior a landlord to be saddled with a tenant that wasn't paying rent during an appeal, it actually goes on and says, a tenant who retains possession oI the premises that are the subject oI the appeal, during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due . That's right out oI the statute . And consistent with that requirement and really Iollowing up on the discussion we had on September 29th, Two roads on October 6th, 2010 paid the current amount oI rent due, consistent with the invoice Ior October oI 2010, presented $148,225.48 to Venetian. That's Exhibit A to the errata. With the cover letter that says this is pursuant to our rights under the 7 statute, we 're paying the October 2010 rent . So I believe at that point we 've met our statutory obligation under NRS 40.385 to obtain a stay. In the alternative, we then also moved under 62 -NRCP 62 . Let me address the opposition really that we got to the stay under 40.385 is narrow. And the bulk oI the lengthy pleading Iiled by Venetian really goes to the issue oI equities and really is in response to the, I believe, to the 62 --NRCP 62 request, where you do weigh those Iactors. And I can address them. Essentially the bulk oI this comes down to you're a dead beat tenant. THE COURT: Let's stay conIined to the Chapter 40 argument Ior right now. That 's my bigger concern, then Rule 62 and supersedeas bonds. Those are generally more applicable to jUdgments. Posting a supersedeas bond and judgment amount Ior appeal, as opposed to a situation where, in my mind, you have a speciIic statute governing the issue, as opposed to a general appeal rule . MR. COULTHARD: Okay. I'd be happy to do that, because I think that is where --the Iight, whether we 've met that statute. And so really the opposition comes down to, they say that it is discretionary with the court, number one. It 's a discretionary stay with the court. Which Irankly, and with not. not we the And or the the stay 8 Supreme justice 3 month their position. the the this jurisdictional oI 3 all due respect, when you read that statute it is The discretion lies with the tenant as to whether or they pay a cost bond. And iI we post that cost bond, may obtain a stay oI execution. There is some discretion Ior the court to increase amount oI that cost bond. I would acknowledge that . I think that either the court can do that sua sponte at the request oI the Venetian. But at this juncture statute provides Ior a cost bond, $250.00. And then second part we have to do is pay the rent... The other issue I think is that it 's not discretionary with this court. Again, the plain language oI the statute says that the stay shall be issued -12 excuse me. It does not. It says, we may --the tenant may obtain a stay iI they do the Iollowing two steps, post the bond, pay the rent. Which we did. Again, the only discretion the statute provides this court is in the discretion oI the amount oI the cost bond. So I think we've met our obligation under the statute to obtain a stay. I think the very purpose oI the appeal will be Ilat out deIeated. Absent a stay we will be evicted summarily, iI you don't grant the stay. And it is clear we will have irreparable injury. The Nevada Supreme Court has repeatedly stated that real property and its attributes are considered unique. And loss oI real property rights generally result in irreparable harm. The very purpose oI this appeal will be 1 0 throated iI we don't have the ability to challenge that . We will be evicted and that will be the end oI the tenant's opportunity to stay in here . And we will have suIIered irreparable injury in the Iorm oI losing our ability to operate in this unique real property premises . That is quintessential irreparable injury that we are Iaced with absent this stay. I can run through the other Iactors, your Honor, iI I need to. But I don't think under the statutory constraints that Hanson is controlling. But iI you Ieel we need to run through those, this is obviously important to my client . I believe every one oI those Hanson Iactors bode in Iavor oI granting this stay, in Iavor oI Two Roads being able to stay in this space. II there is any questions about that in your Honor's mind, then I want the opportunity to make a record and address those. THE COURT: Let me let them address the statute Iirst. Then we'll see where we go Irom there. MR. FEDER: Your Honor, I think we laid out our position with respect to the statute . You know, pertaining to the Iactor we brought about about the terms oI the time Irame between the two . The more important part is the second part oI the argument we raised. And that is when you read the statute, it is a discretionary 1 1 aspect with respect to how the language is draIted. What they're trying to say, your Honor, which I believe the statute was ever intended Ior, nor iI you look at the may language that you see in Rule 62, it also talks about may be granted upon posting a supersedeas bond. There actually is a correlation between the two . Rule 62 does not lay out all the Hanson Iactors . Hanson and everything else is in direct relationship to 62 , which talks about may grant a stay. Similarly here, it talks about a may Iactor with respect to what needs to occur. What they're arguing is by simply posting $250.00, they automatically get a stay. I don 't believe that was ever intended by the legislature. Any intent you can read in the statute, it ' s discretionary. THE COURT : How can you read that any other way. I've got to agree --I mean, just by reading the statute with Mr. Coulthard, regardless oI whether you're John Doe living in a studio apartment down town or Two Roads with a giant restaurant in the Venetian, the intent, as I read that statute, is you may get a stay when you pay this cost bond . That 's you pay that bond and the stay is in eIIect . I don't think there is anything that says I have the discretion iI you paid the money to not let you have a 1 2 stay, not let you stay in there . The only discretion I think the court has to deal with it is iI you are not then paying rents, then you you have to Iile a new proceeding, which I think is ridiculous . But that 's what the statute says. But that's almost summarily you're out now, because you didn't pay the rents, kind oI thing. MR . FEDER: I think I know we 're you're coming Irom, your Honor. From reading the statute, the statute to me had to be read in conjunction with what is normally done when a stay is needed or required. When you read 62, again, it 's the may language . I mean, then we 're Iocusing upon which brings back the discretion, which we believe leads back to the application oI all oI the Hanson Iactors . The Hanson Iactors are there in essence to balance the harms that the parties need to deal with with respect to what amount --irrespective, you don't get to the bond portion or the bond argument, the cost bond, the discretion oI whether it's higher than that amount, until you've satisIied the other elements that are required. When you read 26-0, your Honor, that says -22 THE COURT: Let me ask you this then. Don' t you think that the legislature would have recognized --and there is a diIIerence between structuring appeals and stays on a judgment --or monetary 1 3 judgment versus taking people out oI their home. That's the Iocus oI where the summary eviction statutes carne Irom.. ...MR. FEDER: It also applies to 62-C , your Honor, that injunctive relieI is a procedure there that also lays out argument that the Hanson Iactors would apply there as well . So when you really lay out what the elements required, I don't think you can overlook the Hanson Iactors. I think just this gets down to iI you reach and meet the elements required in Hanson, then you look to this with respect to whether an amount oI what this cost bond would be the equivalent to. In terms oI --and again, the may language. And that to us is where it gets directly correlated to what the 62-D or 62-C language talks about. And it also reIerences when you read 62-C, when an appeal is taken by the appellant giving the supersedeas bond, may obtain a stay, subject to. It's the same may language, your Honor. In essence whether you read it the way they're trying to say about what they're creating is by simply putting up $250.00, putting aside what Section 2 says about what they shall be required to, there is a diIIerence in that language. Two has shall language versus the may language in Subsection 1. When you take that into account and you 1 4 read that, they need to also still satisIy those Hanson elements and go through those . Otherwise, anybody, any time you deal with a tenant situation where the argue and raise a deIense or not --your Honor already rule their deIense is unreasonable --whether you raise it or not or create one, you can just come in and say, okay, here is $250.00 bond. We've done what we need to do. We've now stayed it. I don't believe that was the intent here. Especially with respect to the amount oI damages we're talking about here . Because eIIectively what we 're getting here, your Honor --we laid it out in the papers --a stay here on summary eviction, also stays our ability to go aIter this in the monetary damage case. So I don't believe those two can be looked at in correlation that way . I think it 's not an automatic recourse. The language in here does not say that. II the legislature was intending it to be it would have said they will automatically get a stay upon the posting oI a $250.00 bond. It does not say that, your Honor. It does not have the direct language. II the legislature intended Ior it to get to that level, they would have included that speciIic language. It's not there. So I don't think we can overlook all oI these Hanson Iactors and apply all oI the Hanson Iactors. You only get to that level, your 1 5 Honor, iI you can satisIy those Hanson elements. And to our position, as we laid out, they don 't get anywhere close to it . He has now raised a new argument which I didn't raise in the papers about real property. It was never raised. In the papers it talks about losing the business. Which is a lost business . That 's a proIit case. We deal with those situations regularly. It 's a simple damage case. But I can go through all the Hanson Iactors, your Honor, iI your Honor wants me to, because we 've laid it out pretty well. I don 't believe you get to that level and that statute until you satisIy those Hanson elements. I don't believe this was intended, nor --I'll say I don't believe that was the intent oI this statute, to supersede the requirements oI the elements Ior a stay pending any type oI an appeal. Not even in a situation with a landlord tenant, your Honor. THE COURT: Well, I disagree with you. I'll tell you that in my experience the way I described it is exactly how the justice court treats it and district court treats it. Which is when you seek to remove somebody --I'm always Iocused on the individual, since that was the geneses oI what it was all about. And businesses are just getting the beneIit oI what the individual gets in a home situation. 1 6 But whenever somebody is about to be evicted Irom their home, they post that $250 .00, they automatically get a stay. Then the shall language is in order Ior your stay not to dissolve on your head, you have to be paying the rent every month Irom there on out . You may have been evicted because you weren't paying any rent in the past, but iI you're going to appeal the ruling and you Iiled the $250.00 to get it up to district court to look at what the JP did, then you have to be paying your rent every month thereaIter, or then they are going to come in and you have no grounds to ward oII being actually physical taken out oI the property . But I think the statute does direct itselI not to -the court has discretion to do this, that, or the other, but the stay oI execution may be obtained. That's the party. A party may obtain a stay upon Iiling a bond. So I don't think we get to the Iactors. I think the statute is pretty express in my mind in terms oI what the intent oI the legislate was in terms oI people, or as I said, businesses that have been ordered summarily evicted . I will tell you some oI the Iactors, I do think that there is an irreparable harm argument to the deIendant to be taken out oI this business, based upon what 's taken place. It's obvious that the object oI their appeal gets 1 7 deIeated I they're taken out oI the business when they're trying to appeal to stay in the business . The only questionable thing is, like many injunction hearings, is reasonable likelihood oI success on the merits . I disagreed with their position in what the interpretation was . But I have never beIore believed that just because I disagree that the seven people above me aren't going to disagree with me. It happens. So I can't say that they don't have a reasonable likelihood oI convincing, whether it's the En Banc Supreme Court or a panel oI the Supreme Court that their position is more meritorious then what I thought it was. So in any event, what I kind oI wanted us to --I'm going to grant you the stay. But in terms oI the cost bond, I do agree that $250.00, again, contemplates the situation that I just talked about with the individual getting evicted Irom the home, appealing Irom justice court to district court . I think what we 're dealing with here is going to have substantially diIIerent costs then what we 're dealing with in a normal getting evicted Irom your apartment type situation . So what is your position on that . MR. FEDER: Our position, your Honor, we it laid and we dealt with the harms that were going to occur to the Venetian, inclusive. In essence these are 1 8 the contemplations, mediation, arbitration process with respect to damage type awards. We ' re eIIectively, by granting a stay, we getting stayed with respect to the ability to collect upon what we believe is past due damages oI over 3.3 million dollars, plus interest . So we believe because oI the eIIectiveness that that's going to have on our ability to ever collect upon this monetary judgment , they should be required to bond that entire amount . The entire 3.3 million, plus interest with respect to the underlying damage case . I know that it 's not normally part oI what a summary eviction is about with the possessory aspects, but given the eIIect oI what this stay will have, I think that 's a Iair and r8asonable amount to be posted, your Honor. THE COURT : Mr . Coulthard . MR. COULTHARD: The statute speciIically states cost bond on appeal, not supersedeas bond. What we ' re dealing with are the Iiling Iees, the costs that will be incurred in prosecuting this appeal . That is not legal Iees. That is not --they don't have an underlying judgment as to this 3 million dollar rental amount. So, I mean, $1,500, $2,000.00, iI you look at what is deIined in costs, what can actually be incurred more than adequately protects them. The important thing to note, your Honor, is they're 1 9 getting the current rent . They are right now, based upon your order, we're living under your interpretation oI the second amendment . The original deIerred rent hasn' t even --that second amendment is still in Iorce and eIIect . So that --under your interpretation, which we, with all due respect, adamantly dispute. We think there is another interpretation, all oI which I argued beIore and I won't do now. But they are getting the beneIit oI that second amendment . Current rents are being paid . So they 're not in any way harmed. As to their past due rents, he said it himselI, interest . That 's iI they do prevail, and that your decision is held up on appeal and aIIirmed on appeal . And they do pursue a monetary judgment . At that juncture we 're going to be able to do some discovery and contest that. I assure you it will be contested. But there is prejudgment interest, and interest under these documents that under our court rules protect them Irom that . There is no methodology Ior a supersedeas bond, which because there is no monetary judgment. It is a cost bond, $1,500.00. $2,500.00 is more than we will incur in costs on this appeal . So I would suggest that would be more than enough. II you do increase that amount, we want some time to get it posted. THE COURT : Okay. 2 0 Well, I' m going to -your last comments hit on my number, which I wrote down $2, 500.00. Large commercial business leases obviously entail a lot more complexities then normal residential apartment leases . But that doesn 't mean that all those complexities and the various aspects oI what was to be paid under the lease, whether it's the Iirst amendment, the second amendment, whether it 's past due rents , current rents, the various other things that were in there I can' t remember all the language now but there was a lot oI things the money was supposed to be going to in this lease. The cost bond on appeal doesn 't really say you need to account Ior all those things right now, just what are the costs on appeal, what is a reasonable amount . And again, this can be related in Iront oI the Supreme Court , the issues relating to the stay or the bond up to the Supreme Court as well. But I think $2,500. 00 cost bond is appropriate . MR. FEDER: One Iact we want to bring up. That is one...THE COORT: Regardless oI what took place in the summary eviction, what 4385 states very expressly is you get the appeal upon the posting oI the bond, and thereaIter the stay you have to pay the rent . It doesn't speak to any other contractual conditions and obligations you may have. That's all part oI your breach oI contract action, whatever you may bring at some point in time. But I ordered the stay and they have to make their monthly rental payments. They'll be obligated to pay each time thereaIter, or as I said, under 4253, you Iile a new proceedings saying they haven't made their payments now and we want them out out . MR. FEDER: Part and parcel, we want to see the order aIter it's prepared. So we're clear with respect to what's in the order . Is your order going to say that we don't get the Hanson 2 2 Iactors, we're just looking at Section 40.358. So we can be clear. THE COURT : The order can include what I said about the Iactors a moment ago . But I don't think the Iactors are what rule . OItentimes when you are ruling on something, I'll address part oI what you brought up, even though I think the statute expressly gives them the right to stay once they have Iiled the bond, I still think the Iactors weigh in Iavor oI the deIense, as I said. On the irreparable harm issue, I think iI the appeal gets deIeated, I think they have a reasonable likelihood oI success on the merits. That's a low standard . It's just is there a reasonable interpretation oI that that somebody other than myselI might disagree with me on, so that things weigh in Iavor oI them . ' '5. Not granting Coughlin a stay Coughlin was granted in Iorma pauperis ("IFP") status by the Reno Justice Court on October 6, 2011.42 IFPstatus only applies to the trial level oI litigation, not to appeals. 43 Accordingly, iI he wished to stay the enIorcement oI the FFCL&O and stop the lockout, he was required to post a supersedeas bond, and obtain an order granting a stay, beIore the lockout occurred. As to the bond requirement, since this case was not a "Iormal" eviction, NJCRCP 73A(a)(1)(4) do not apply. Instead, this case Ialls underthe "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Iorin (1), (2), (3) or (4) above, the giving oI an appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed Irom ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.,,44 NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Coughlin deposited $2,275 with the court pursuant to NRS 118A.355 and the court's order oI October 13, 2011. He orally moved the court Ior a stay oI the eviction at the end oI the October 25, 2011 hearing, but did not cite any authority Ior his request. Accordingly, that motion was denied.45 Thus, although the court ordered that Coughlin's deposit would serve as his appeal bond, it denied a stay because Coughlin did not provide the court with any basis to grant one, as was his legal responsibility. Then, at Coughlin's speciIic request, the court held an emergency hearing on November 7, 2011, where it amended the FFCL&O and returned all sums on deposit to Coughlin, as he was clamoring. The court then set the supersedeas bond at $2,700.00, as it was entitled to do.46 Coughlin now argues that he should have been granted a stay oIthe eviction because he had Iunds on deposit with the court at the time oI the lockout. Even iI he would have been entitled to that relieI, that position is inconsistent with his prior demands that all oI his deposit be returned to him, and he is judicially estopped Irom arguing it now.47 IICoughlin wanted to apply those Iunds to a super-sedeas bond under JCRCP 73A or NRS 40.385, he should have either made that request at the October 25, 2011 hearing when the eviction was announced, or sometime between that hearing and the lockout a week later. He never did so. In Iact, he did just the opposite. When Coughlin Iiled his "motion Ior stay' 48 on October 31,2011, in which he demanded his deposit back 49, the lockout had not even occurred. That conIirms that Coughlin had no intention oI posting a bond. or applying those Iunds in order to obtain a stay. He cannot be heard to argue otherwise now. Then, aIter he received his deposit back, he did not deposit any additional Iunds with the court until on or about December 8, 2011 when he Iinally paid the Iiling Iee to perIect his appeal. ThereaIter, on December 14,2011, he posted $250.00 Ior his appeal bond, and $1.00 Ior his "supersedeas bond" (which sums he has subsequently moved to have returned to him). 50 By then, his request Ior a stay had been moot Ior approximately six weeks. 1. 2.ROA, Vol. IV, pp.2, 22-23. 3.40. 4.ROA, Vol. III, p. 5. 41. Reno Newspapers, Inc. 42. ROA, Vol. I, pp. 274-275. 43 NRS 12:015. Casper v. Huber, 85 Nev. 474,456 P.2d 436 (1969). 5.44 NJCRCP 73A(a). 6.45 ROA, Vol. II, pp. 85,2. 7.46. ROA, Vol III, pp. 218-219; Vol. II, pp. 4,27. 8.46. ROA, Vol III, pp. 218-219; Vol. II, pp. 4,27. 47. Marcuse. 48. ROA, Vol. II, p. 3. 49. ROA, Vol. II, pp. 4, 27 50. ROA, Vol. IV, pp. 210-211. 51. CI., Schuck. 52. ROA, Vol. II, p. 85. 53. CI., Schuck Baker's alleges that NJCRCP 73A(a) contains some 'catch-all provision, arguing that 1708 was not a 'Iormal eviction (odd, considering Baker wanted to utilizing Iormal discovery under NJCRCP 34, wanted to be awarded the rent escrow....oI course, he deIinitely argued Coughlin should not be allowed to bring counterclaims, despite his Answering BrieI making like the issue had never even arisen. As to just what is meant by the phrase 'Iormal eviction as Iound in NJCRCP 73A(a)(4), consider the Iew appearances oI such prhase or similar in Nevada law: used in Glazier case, and in JCRCL 40. 'NJCRCP RULE105.HEARINGS TO BE IAFORMAL Hearings regarding applications Ior orders oI summary eviction shall be informal. No Iormal pleading other than the aIIidavits and application provided by these rules may be required, since it is the intent oI such hearings to determine the truthIulness and suIIiciency oI any aIIidavit, notice or service oI any notice and to dispense Iair and speedy justice. Baker's 2/24/12 Answering BrieIs reads: '3.4. For example, Coughlin chose to spend the Iirst oI his two allotted days sending combative emails to both Judge SIerrazza and Merliss' counsel, instead oI diligently trying to remove his belongings. At one point, Coughlin even announced that he was entitled to a stay oI the proceedings, and that would allow him to return to, and retake possession oI, the property. Judge SIerrazza notiIied Coughlin that a stay had been denied. See EXHIBIT 1, which is a true and correct copy oIthe reIerenced em ails oI December 22, 2011. Because Coughlin chose to waste halI oI his allotted time trying to pick a Iight over that which was already moot, he Iailed to remove all oIhis belongings Irom the property.Ib2 This, oI course, led him to Iile a motion Ior a temporary restraining order ("TRO") in this In 1 Coughlin had one week Irom the time the court ruled, on October 25, 2011, that he would be evicted, until he was locked out on November 1,2011. Then, he was coming and going on the property Ior another two weeks. Yet, during this time, he Iailed to remove any oI this possessions. In that regard, the court should know that Mr. Coughlin is a hoarder. Fn.2 Even though Coughlin removed at least one Iull U-Haul box truck oI his belongings Irom the property, he still leIt mountains oI"junk" behind. For example, there were no less than 13 automobile seats in the basement. The backyard was Iull, up to the top oI the six Ioot Ience, with discarded televisions, car body parts, tires, and broken Iurniture. (page 3) court, which is discussed Iurther, below. When Coughlin's TRO motion was denied, that, in turn, led him to physically attempt to interIere with Merliss' eIIorts to dispose oI the property Coughlin had chosen to abandon. Predictably, the end result was substantial additional Iees incurred by Merliss, which was, oI course, Coughlin's goal all along. 3.5. In addition to his continued activity in the RJC, Coughlin has Iiled hundreds oI pages oI abusive, and oIten nonsensical, materials with this court, in which he has repeatedly sought relieI to which he was not even arguably entitled. In many oI his Iilings, Coughlin Iailed to even identiIy, much less analyze, the controlling law on the subject. Nevertheless, Merliss was Iorced to respond to those Iiling, lest the court take Merliss' silence as an admission under DCR 13(3) that Coughlin's requests were meritorious. 3.6. For example, Coughlin's December 30, 2011 motion Ior a temporary restraining order was 20 pages long, excluding exhibits. Coughlin, a lawyer, Iailed to identiIy or discuss the controlling law, NRCP 65(b) and NRS 33.010, in any way. In addition to being procedurally deIicient, that motion was substantively without any merit whatsoever, and this court so Iound. See this court's Order dated January 11, 2012. Nevertheless, Merliss was Iorced to incur attorney's Iees to respond to that Irivolous motion, and, as a saIe-harbor, delay his eIIorts to clean out and re-Iet the property, causing him Iurther damage. 3.7. On January 12, 2012, aIter his motion Ior a TRO was denied, Coughlin chose to resort to the selI-help tactic oI physically interIering with Merliss' eIIorts to clean out the property. See Merliss' motion Ior order to show cause Iiled herein on January 20, 2012 Ior Iurther particulars. Those antics ultimately led to Coughlin's arrest, and additional motions and hearings, continuing his tactic oI causing Merliss more and more Iees.... From Baker's 4/19/12 Motion Ior Attorney's Fees in 03628. ... Baker's 2/24/12 Answering BrieI reads: '5. Not granting Coughlin a stay Coughlin was granted in Iorma pauperis ("IFP") status by the Reno Justice Court on October 6, 2011.42 IFP status only applies to the trial level oI litigation, not to appeals. 43 NRS 12:015. Casper v. Huber, 85 Nev. 474,456 P.2d 436 (1969).Accordingly, iI he wished to stay the enIorcement oI the FFCL&O and stop the lockout, he was required to post a supersedeas bond, and obtain an order granting a stay, beIore the lockout occurred. As to the bond requirement, since this case was not a "formal" eviction, NJCRCP 73A(a) (1)-(4) do not apply. Instead, this case Ialls under the "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Ior in (1), (2), (3) or (4) above, the giving oI an appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed Irom ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose. 44 NJCRCP 73A(a). NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Coughlin deposited $2,275 with the court pursuant to NRS 118A.355 and the court's order oI October 13, 2011. He orally moved the court Ior a stay oI the eviction at the end oI the October 25, 2011 hearing, but did not cite any authority Ior his request. Accordingly, that motion was denied.45 ROA, Vol. II, pp. 85,2. Thus, although the court ordered that Coughlin's deposit would serve as his appeal bond, it denied a stay because Coughlin did not provide the court with any basis to grant one, as was his legal responsibility. Then, at Coughlin's speciIic request, the court held an emergency hearing on November 7, 2011, where it amended the FFCL&O and returned all sums on deposit to Coughlin, as he was clamoring. The court then set the supersedeas bond at $2,700.00, as it was entitled to do. 46 ROA, Vol III, pp. 218-219; Vol. II, pp. 4,27. Coughlin now argues that he should have been granted a stay oI the eviction because he had Iunds on deposit with the court at the time oI the lockout. Even iI he would have been entitled to that relieI, that position is inconsistent with his prior demands that all oI his deposit be returned to him, and he is judicially estopped Irom arguing it now.47 ROA, Vol III, pp. 218- 219; Vol. II, pp. 4,27. II Coughlin wanted to apply those Iunds to a supersedeas bond under JCRCP 73A or NRS 40.385, he should have either made that request at the October 25, 2011 hearing when the eviction was announced, or sometime between that hearing and the lockout a week later. He never did so. In Iact, he did just the opposite. When Coughlin Iiled his "motion Ior stay (In 48 Marcuse (cited earlier in In 35: ,-..- .. 1-t J-oo 1-..c.-.. ., ;-.. .,s. ., J.,e ,.. ;...,/. ,----.--. o-..- ct- -.-c e-,c-e 1-.tt.'. ,-..c.- e -.t-e - ctc o.... t- .. ,.e..tt -.c-,,-e j-- t. t.. ct--- -.,, ) on October 31, 2011, in which he demanded his deposit back 49 (ROA, Vol. II, p. 3.), the lockout had not even occurred. That conIirms that Coughlin had no intention oI posting a bond or applying those Iunds in order to obtain a stay. He cannot be heard to argue otherwise now. Then, aIter he received his deposit back, he did not deposit any additional Iunds with the court until on or about December 8, 2011 when he Iinally paid the Iiling Iee to perIect his appeal. ThereaIter, on December 14, 2011, he posted $250.00 Ior his appeal bond, and $1.00 Ior his "supersedeas bond" (which sums he has subsequently moved to have returned to him).50 By then, his request Ior a stay had been moot Ior approximately six weeks. ' At the 11/14/12 Iormal disciplinary hearing, Hill testiIied: 'HEARING - Vol. I, (Pages 51:21 to 52:19) Q With that said, did he show candor to you? A In our dealings with Mr. Coughlin, you could not trust him at all. No agreement ever made with Mr. Coughlin was honored by him. For example, when Judge SIerrazza ordered that Mr. Coughlin could have two days -- he was originally given a week to move his stuII out beIore the eviction order was served. ThereaIter there was a hearing. The judge gave Mr. Coughlin two days to go in and remove his possessions. Mr. Coughlin -- we went over there, opened the doors about 8:00 o'clock. He wasn't there. About 11:00 o'clock we get an e-mail from Mr. Coughlin saying I have appealed 1udge Sferrazza's ruling. That means his ruling is stayed. That means I can go back into the house. I'm staying in the house, and there's nothing you can do about it. MR. COUGHLIN: Objection, hearsay. MR. ECHEVERRIA: Overruled. THE WITNESS: Sometime later that day we got an order from 1udge Sferrazza saying that the request for a stay had been denied. Mr. Coughlin had burned basically a whole day doing nothing trying to get his stuff out. That was typical. NJCRCP 76B provides that: 'Appeal Irom formal eviction: Within 10 days of service of entry of order . ARS 4.38; Rule 73A(4). Fees: Payable upon Iiling notice oI appeal. Rule 74B(a)(1). Bond Ior costs: Filed with notice oI appeal. Rule 73. Bond, supersedeas: At or aIter time oI Iiling notice oI appeal. Stay is effective when bond filed. Rule 73A. By connecting the phrase 'Iormal eviction to NRS 40.380 (which only applies to 'judgments stemming Irom GLAZIER v. JUSTICE COURT 899 P.2d 1105 (1995) "This notice expressly threatened an action in justice's court Ior eviction, pursuant to NRS 40.253,1 the summary eviction statute.In1 1. NRS 40.253 allows a landlord to apply to the justice's court Ior an eviction order based on deIault in payment oI rent. II the tenant can show, by aIIidavit, a legal deIense to the alleged unlawIul detainer, Iurther proceedings must be conducted pursuant to the more formal eviction procedures in ARS 4.29 to 4.42. II, on the other hand, the tenant Iails to show a legal deIense to the alleged unlawIul detainer, then the justice's court may issue a summary order Ior removal oI the tenant." JCRLV 40(i)(1)-(2) provides Iurther support Ior the view that the phrase 'Iormal eviction necessarily excludes summary evictions: ' (i)As used in this section, 'eviction action means: (1)A summary eviction action pursuant to NRS 40.253 or NRS 40.254; or (2)A Iormal civil eviction pursuant to NRS 40.290 to 40.420, inclusive. ' Rule40.Motions to stay in eviction cases. (a)A tenant in an eviction case may only Iile 1 motion to stay or 1 motion to vacate per case, on a Iorm approved by the court. (b)Upon the Iiling oI a motion to stay under subsection (a), any pending eviction order shall be stayed until Iurther order oI the court. (c)A motion to stay will be reviewed by the court within 1 judicial day. (d)II a tenant answer has not been Iiled in an eviction case, a motion to stay must be accompanied by the appropriate Iiling Iee, except as otherwise provided in Rule 43. (e)Unless the reviewing judge so orders, a motion to stay will not be set Ior hearing but instead will be approved or denied ex parte. (I)Any hearing on a motion to stay must be scheduled within seven (7) judicial days Irom the date the motion is approved Ior hearing. (g)II a motion to stay is set Ior hearing, the landlord may Iile a written opposition to the motion. (h)II a tenant has already appeared beIore a judge Ior a hearing on the eviction, no motion to stay by that tenant will be accepted Ior Iiling, unless the tenant alleges that he has Iully complied with an applicable order oI the court. (i)As used in this section, 'eviction action means: (1)A summary eviction action pursuant to NRS 40.253 or NRS 40.254; or (2)A Iormal civil eviction pursuant to NRS 40.290 to 40.420, inclusive. Baker's own Answering BrieI admits that 1708 was not a 'Iormal eviction, and thereIore, NJCRP 73A(a)(4) does not apply. 'As to the bond requirement, since this case was not a "formal" eviction, NJCRCP 73A(a)(1)-(4) do not apply. Instead, this case Ialls under the "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Ior in (1), (2), (3) or (4) above, the giving oI an appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed Irom ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose. 44 NJCRCP 73A(a). NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $25 unless the justice court fixes a different amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Baker's 2/14/12 Answering BrieI. 'NRS40.385Stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay.Upon an appeal from an order entered pursuant to ARS 4.253: 1.Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount of $250 to cover the expected costs on appeal... A tenant oI commercial property may obtain a stay oI execution only upon the issuance oI a stay pursuant to Rule 8 oI the Nevada Rules oI Appellate Procedure and the posting oI a supersedeas bond in the amount oI 100 percent oI the unpaid rent claim oI the landlord. The RJC Iailed to comply with JCRCP 73A(b): ' (b)Supersedeas Bond: Form and EIIect.... When a proper bond to stay proceeaings is filea, it shall stay further proceedings except as otherwise above provided, and if an execution or other order shall have been issued to the sheriff, coroner, or elisor, the person shall return the same, with the cause therefor, and his or her proceedings thereunder, upon receiving from the clerk or justice a notice of the stay of proceedings . So, Baker admits that JCRCP 73A(a)(4) does not apply, the suggests that the 'catch-all provision in Rule 73A(a) cover appeals oI summary evictions and therein invokes some authority within JCRCP 73 to have allowed Judge SIerrazza to not only deny Coughlin a stay, but to do so where he characterized the court continuing to hold onto Coughlin $2,275 'rent escrow deposit as 'satisIying his bond on appeal. However, Rule 73 (especially in light oI JCRCP 81 and NRS 40.385 (which both Judge Herndon in the Venetian v Two Roads Transcript and Judge SIerrazza on 10/13/11 invoked, SIerrazza, though, incorrectly preventing Coughlin Irom asserting coutnerclaims (which Baker lied about hin his 2/24/12 BrieI in stating that NRS 118A.490 was 'oI no moment) by indicating Rule 81 made any JCRCP relative to counterclaims inapplicable given that 'special statuory provision applicable to summary eviction proceedings did not allow Ior such, even where such a matter was set 'over Ior trial. , particularly where 40.385(1) speciIically identiIies the supersedeas bond eIIected therein as 'to cover the expected costs on appeal considering Rule 73's dictate that 'Unless an appellant is exempted by law (which Coughlin arguably was given the RJC waived the Iiling Iee oI his appeal due to his indigency and its granting Couglin IFP status in 1708), or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond Ior costs on appeal or equivalent security shall be Iiled by the appellant in the justice court with the notice oI appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value oI $250 unless the justice court fixes a different amount So, it is completely dishonest Ior Baker, in his 2/24/12 BrieI to write: 'As to the bond requirement, since this case was not a "formal" eviction, NJCRCP 73A(a)(1)-(4) do not apply. Instead, this case Ialls under the "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Ior in (1), (2), (3) or (4) above, the giving of an appeal bond, under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose. NJCRCP 73A(a). NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Coughlin deposited $2,275 with the court pursuant to NRS 118A.355 and the court's order oI October 13, 2011. He orally moved the court Ior a stay oI the eviction at the end oI the October 25, 2011 hearing, but did not cite any authority Ior his request. Accordingly, that motion was denied.45 ROA, Vol. II, pp. 85,2. 1hus, although the court ordered that Coughlin's deposit would serve as his appeal bond, it denied a stay because Coughlin did not provide the court with any basis to grant one, as was his legal responsibility.' Regardless oI the Iact that Baker cites not authority to support his contention that the allege Iailure oI Coughlin to 'provide the court with any basis to grant a stay, Judge SIerrazza's order indicated ' that Coughlin's deposit would serve as his appeal bond .`. That being the case, Rule 73A(a)'s catchall provision provides 'e, which provides in pertinent part "In cases not provided Ior in (1), (2), (3) or (4) above, that the giving of an appeal bond, under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from". And, under Rule 73, at the conclusion oI the 10/25/11 hearing, Judge SIerrazza ruled as to just what that appeal bond would be where Rule 73 provides that the 'bond or equivalent security shall be in the sum or value oI $250 unless the justice court fixes a different amount. That being the case, that Judge SIerrazza did so Iix a diIIerent amount (curiously making Coughlin's bond ten times the amount set as the deIault under Rule 73...), Rule 73A then mandates that 'the giving oI an appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from. Regardles oI the dubiousness oI Baker's argument relative to whether Coughlin cited to suIIicient legal authority on 10/25/11...Judge SIerrazza's order as rendered was legally operative suIIicient to require the proceedings be stayed (Couglin certainly did not ask Judge SIerrazza to just Iorget about any appeal and give him his $2,275 back at that point....and any subsequent Motion Ior the Return oI that $2,275 by Coughlin can in no way be characterized as retracting his Motion Ior such a Stay, but rather, a mere common sense complaint (which Coughlin set out in speciIic detail) relative to the inequity oI the RJC holding on to ten time the amount required to get a stay, ana then failing to grant Coughlin fust such a stay. Some might say this is a common complaint about the RJC and its BailiIIs as well...that oI the general sense that its Iollowing the law and recogni:ing the rights oI deIendants and litigants is an optional type oI thing, that they only need do iI they Ieel like it, like the person involved or their 'attitude enough to, or Iind it convenient and expedient to do so. The headings Ior the Iorms on the N. S. Ct's website appear to contain some signiIicant mistakes. As Ior 'Form 32, such Iorm is identiIied as applicable to an appeal oI a summary eviction, yet the Iorm cites to NRS 40.380, which relates to the appeal oI a plenary unlawIul detainer civil action. Indeed, NRS 40.385 is nowhere mentioned. http://lawlibrary.nevadajudiciary.us/Iorms/standardizedLandlordTenantIorms.php How to Appeal a Summary Eviction From Justice Court to District Court Landlord or Tenant nstructions for Forms 31 through 36 Form #31 Notice of Appeal Form #32 Motion to Set Bond and to Stay Eviction Pending Appeal Form #33 Notice of Posting and Acceptance of Supersedes/Cost Bond on Appeal Form #34 Designation of Record and Statement of Points on Appeal and Notice of ntent to File Brief Form #35 Certificate of No Transcript Form #36 Statement of Proceedings Packet Eleven nstructions and forms 31 through 36 Packet 11, at page 3 oI 6, indicates Coughlin's argument about the WCSO violating the law by Iailign to provide 24 hours notice beIore conducting a lockout, in addition to revealing that the WCSO, by virtue oI being given the 10/27/11 FOFCOLOSE (considering the language contained on page 6 therein about the 'bond on appeal) was given notice oI the stay suIIicient to Iorbid it Irom conducting the lockout (though the various legal impossibilities and contradictory legal positiosn contained therein may have conIused the WCSO a bit): 'While the law may allow you 10 judicial days to Iile your appeal, iI you have been ordered to vacate the rental unit, you must take extra steps beIore the end oI the 24-hour eviction notice the constable/sheriII will give you in order to stay or stop the eviction. To Stop the Eviction (Tenant), you must: 1. File the Civil Cover Sheet and Notice oI the Appeal, Form #31; 2. Pay the Iiling Iee or have the Order Regarding Waiver oI Fees and Costs, Form #39,2 Irom the Justice Court; 3. File a Motion to Set Bond and to Stay Eviction Pending Appeal, Form #32, iI the judge has not already set the amount; 4. Pay Ior the bond and Iile a Notice oI Posting and Acceptance oI Supersedeas/Cost Bond on Appeal, Form #33. The cost is set by the court at $250 or more; 5. Deliver a copy oI the Supersedeas Bond and the Notice oI Appeal to the constable/sheriII to stop the eviction. II you do not do this, you will be evicted; and 6. Give or mail copies oI the Supersedeas Bond and Notice oI Appeal to your landlord. ' Judge SIerrazza rendered an order suIIicient to accomplish everything in paragraph 4: '4. Pay Ior the bond and Iile a Notice oI Posting and Acceptance oI Supersedeas/Cost Bond on Appeal, Form #33. The cost is set by the court at $250 or more; RULE73.BOND FOR COSTS ON APPEAL
Unless an appellant is exempted by law, or has Iiled a supersedeas bond or other undertaking which includes security Ior the payment oI costs on appeal, in civil cases a bond Ior costs on appeal or equivalent security shall be Iiled by the appellant in the justice court with the notice oI appeal; but security shall not be required oI an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount. A bond Ior costs on appeal shall have suIIicient surety, and it or any equivalent security shall be conditioned to secure the payment oI costs iI the appeal is Iinally dismissed or the judgment aIIirmed, or oI such costs as the district court may direct iI the judgment is modiIied. II a bond or equivalent security in the sum or value oI $250 is given, no approval thereoI is necessary. AIter a bond Ior costs on appeal is Iiled, a respondent may raise Ior determination by the justice court objections to the Iorm oI the bond or to the suIIiciency oI the surety. The provisions oI Rule 73A apply to a surety bond upon a bond given pursuant to this rule. Exhibit 1 is the 12/22/11 email: From: SIerrazza, Pete |psIerrazzawashoecounty.usJ Sent: Thursday, December 22, 2011 2:33 PM To: zachcoughlinhotmail.com; cdbakerrichardhillaw.com Cc: Stancil, Karen Subject: RE: inventory continued Dear Mr Coughlin: The stay was denied. You will need to ask the District Court Ior a stay. Pete SIerrazza From: Zach Coughlin |mailto:zachcoughlinhotmail.com| Sent: Thursday, December 22,201112:09 PM To: SIerrazza, Pete; cdbakerrichardhillaw.com Subject: inventory continued Dear Judge SIerrazza and Mr. Baker, Additionally some rare book are missing, Iamily photographs/keepsakes/heirlooms/media, I believe the .~ .... hammer weighted action casio 88 key PX 330 is the model number, I believe, I will have to check ....... Further, this is all moot at this point as I have Iiled a Supersedeas Bond oI $250, and according to NRS 40.385, I automatically get a stay oI eviction and am entitled to return to the property and continue in possession. The Statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial tenants where only a No cause Eviction Notice is Iiled. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order oI December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reIlects that. NRS 40.385 Stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay. Upon an appeal Irom an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250 to cover the expected costs on appeal. In an action concerning a lease oI commercial property or any other property Ior which the monthly rent exceeds $1,000, the court may, upon its own motion or that oI a party, and upon a showing oI good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction oI the appellate court and irrevocably appoints the clerk oI that court as the surety's agent upon whom papers aIIecting the surety's liability upon the bond may be served. Liability oI a surety may be enIorced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. Sincerely, Zach Coughlin, Esq. Coughlin's own 10/19/11 Iiling in 1708 quotes the Landlord Tenant Handbook: "http://www.clarkcountycourts.us/CivilSHC/landlord-tenant-evictions/order-summary- eviction.html 'Appeals Irom Orders Ior Summary Eviction All tenants Iiling an appeal must post a bond oI at least $250. II you wish to stop the eviction pending your appeal and are a tenant of a residential property whose monthly rent is $1000 or less, this $250 is all you are required to pay. II you are a tenant oI residential property whose monthly rent exceeds $1000 or a tenant oI a commercial property you must post bond oI $250 but the court can, on its own or on the motion oI the landlord, increase the bond. See NRS 40.385(1) Page 3 oI the 'Landlord Tenant Handbook distributed on the this Court's website reads: http://www.nevadajudiciary.us/index.php/viewdocumentsandIorms/Iunc-startdown/5158/ 'Choosing Whether to File A Summary or ~Formal Eviction action In most cases, the landlord can choose whether to Iile a summary or formal eviction action . However, there are circumstances under which summary eviction cannot be used. For instance, summary eviction is not available Ior: 1) Evictions Iollowing the Ioreclosure sale oI a rental property (See NRS 40.255) 2) Eviction of commercial tenants for other than nonpayment of rent (See NRS 40.254) 3) Eviction oI a tenant oI a mobile home park Irom the park (See NRS 40.253(10) and NRS Chapter 118B) The benefits of summary eviction are: 1. It is easy to Iile on your own without the assistance oI an attorney; and 2. You are likely to get the tenant out oI your property in a shorter time period than with the Iormal eviction process. The drawbacks to summary eviction are: 1. You cannot get a money judgment as part oI your action (but you can sue in a separate action); 2. II there is a genuine dispute over material Iacts, the court must dismiss the action (although you can re-Iile a Iormal eviction action); and 3. The tenant may be able to file an appeal, and remain in the unit until the appeal is heard by posting a bond with the court that may be cheaper than that required in the formal eviction process. ' NJCRCP 73A(a)(4): 'In cases involving an appeal by the deIendant oI an order oI eviction in a Iormal proceeding, such appeal shall not stay the execution oI the judgment, unless, no later than 10 days aIter the Iiling oI a notice oI appeal, the person shall execute and Iile with the court or justice an undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed. Whenever an appeal is perIected, and a bond given as provided by paragraphs (1), (2), (3) and (4) herein, it shall stay all Iurther proceedings in the court below, upon the judgment or order appealed Irom or upon matters embraced therein, except as hereinaIter speciIied. However, the court below may proceed upon any other matter included in the action or proceeding and not aIIected by the judgment or order appealed Irom; and the court below may in its discretion dispense with or limit the security required by (1), (2), (3) and (4) above, when an appellant is an executor, administrator, trustee, or other person acting in another`s right. In cases not provided for in (1), (2), (3) or (4) above, the giving oI an appeal bond, under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same oI perishable property, the court below may order the property to be sold and the proceeds thereoI to be deposited to abide by the judgment oI the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose. Its not clear whether the passage 'and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose...` is meant to apply only to 'perishable property situations or in general. Even assuming it applies in general, as a sort oI catch-all...Baker Iraudulently ignores the very NJCRCP 81 that Judge SIerrazza pointed out on 10/13/11 as requiring the application oI any speciIic statutory remedy (such as NRS 40.385) where the NJCRCP do not directly speak to such areas. As such, to the extent Baker argues that this was not an appeal oI a 'formal eviction, his then citing to NJCRCP 73A(a)'s 'catch-all provision completely lacks merit where a speciIic statutory section speaks to supersedeas bonds in appeals oI summary evictions, NRS 40.385. Additionally, Baker Iraudulently then makes argument as to the trial court denying the stay when the 'catch all provision he cites to speciIically requires 10/27/11 FOFCOLOSE reads: 'ORDER FOR SUMMARY EVICTION Landlord, MATT MERLISS, having applied by Affidavit Ior an Order seeking summary eviction oI the above-named Tenant and it appearing Irom the record on Iile herein that the statutory requirements have been met and that the Tenant, aIter notice, unlawIully detains and withholds the rental unit, and the Court being Iully advised and Iinding good cause, thereIore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: That the sheriII/constable oI Reno Township, or one oI their duly authorized agents be, and hereby is, directed to remove each and every person Iound upon the rental unit at 121 River Rock, Reno, Washoe County, Nevada, by no earlier than October 31, 2011 at 5 pm. Landlord is hereby awarded the right oI possession oI the premises. IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The sums currently on deposit with the Court, in the amount of $2,275.00, are the property of the landlord, Matt Merliss, but shall not be immediately released to him. Instead, those sums shall serve as Coughlin's security for costs on appeal, pursuant to N1CRCP 73, in the event Coughlin timely and properly appeals this order. In the event Coughlin Iails to timely and properly appeal this order, those sums shall be immediately released to Merliss or his counsel oI record. These sums shall not, in any event, operate to stay enforcement of this order and the surrender of the right of Coughlin to possess the Property. Nothing in this order shall prevent this court or an appellate court Irom releasing the deposited Iunds to Merliss or his counsel prior to or aIter any appeal is perIected, or from increasing the amount of any security to be posted by Coughlin for any reason, or both, either upon its own motion or upon motion by Merliss. IT IS SO ORDERED." RULE73A.stay ON APPEALsupersedeas bond
(a)supersedeas bond; When Required.Whenever an appellant entitled thereto desires a stay on appeal, the person may Iile a bond Ior supersedeas, as provided in this rule.
(1)II the appeal be Irom a judgment or order directing the payment of money, the bond shall be conditioned Ior the satisIaction oI the judgment in Iull together with costs and interest iI Ior any reason the appeal is dismissed or iI the judgment is aIIirmed, and to satisIy in Iull such modiIication oI the judgment and such costs and interests as the appellate court may adjudge and award, and that iI the appellant does not make such payment within 30 days aIter the Iiling oI aIIirmance oI the judgment in whole or part, in the court in which the appeal is taken, judgment may be entered, on motion oI the respondent, in the respondent`s Iavor against the surety or sureties Ior such amount, together with the interest that may be due thereon, and the costs which may be awarded against the appellant upon the appeal. When the judgment is Ior the recovery oI money not otherwise secured, the amount oI the bond shall be Iixed at such sum as will cover the whole amount oI the judgment remaining unsatisIied, costs on the appeal and interest, unless the justice aIter notice and hearing and Ior good cause shown Iixes a diIIerent amount or orders security other than the bond. II the appeal be Irom an order dissolving or reIusing to dissolve an attachment, the bond shall be in the sum oI the value oI the property attached and conditioned that iI the order appealed Irom, or any part thereoI, be aIIirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by the appellant by reason oI such appeal and the stay oI execution thereon.
(2)II the judgment or order appealed Irom direct the assignment or delivery of documents, or personal property, the things required to be assigned or delivered shall be assigned and placed in the custody oI such oIIicer or receiver as the court may appoint, and the bond shall be in such amount as the court or justice may direct, to the eIIect that the appellant will, iI the judgment or order appealed Irom, or any part thereoI, be aIIirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason oI such appeal and the stay oI execution thereon. In lieu oI the assignment and delivery, and oI the bond herein provided Ior, the appellant may enter into a bond, in such amount as the court or justice thereoI may direct, to the eIIect that iI the judgment or order, or any part thereoI, be aIIirmed, the appellant will obey the order and pay to the opposing party on such appeal all damages and costs caused by reason oI said appeal and the stay oI execution thereon.
(3)II the judgment or order appealed from direct the execution of a conveyance or other instrument, the instrument shall be executed and deposited with the clerk or justice oI the court with whom the judgment or order is entered to abide by the judgment oI the appellate court, and the bond shall be in such amount as the court or justice thereoI may direct, to the eIIect that the appellant will, iI the judgment or order appealed Irom, or any party thereoI, be aIIirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason oI such appeal and the stay oI execution thereon.
(4)In cases involving an appeal by the defendant of an order of eviction in a formal proceeding, such appeal shall not stay the execution of the judgment , unless, no later than 1 days after the filing of a notice of appeal , the person shall execute and file with the court or justice an undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed. Whenever an appeal is perIected, and a bond given as provided by paragraphs (1), (2), (3) and (4) herein, it shall stay all further proceedings in the court below, upon the judgment or order appealed from or upon matters embraced therein, except as hereinafter specified. However, the court below may proceed upon any other matter included in the action or proceeding and not affected by the judgment or order appealed from; and the court below may in its discretion dispense with or limit the security required by (1), (2), (3) and (4) above, when an appellant is an executor, administrator, trustee, or other person acting in another`s right. In cases not provided for in (1), (2), (3) or (4) above, the giving of an appeal bond , under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same oI perishable property, the court below may order the property to be sold and the proceeds thereoI to be deposited to abide by the judgment oI the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.
(b)supersedeas bond: Form and EIIect.Any bonds required by these rules may be in one instrument or several at the option oI the giver. In every case where, under the provisions oI these rules, a bond is required, such bond may be executed on the part oI the appellant by at least two qualiIied and suIIicient sureties, stating their place oI residence and occupation, or by a bonding or surety company authorized and qualiIied to do business in the State oI Nevada. Where the bond is executed by such a bonding or surety company, no aIIidavit as to the suIIiciency oI such surety need accompany the bond. Otherwise, the bond shall be oI no eIIect unless it be accompanied by the aIIidavit oI personal sureties that they are each a resident and householder or Ireeholder within the State and that they are each worth the amount speciIied therein over and above their just debts and liabilities, exclusive oI property exempt Irom execution; they may state in their aIIidavit that they are severally worth amounts less than that expressed in the bond, iI the whole amount be equivalent to that oI two qualiIied and suIIicient sureties. Each such aIIidavit shall be accompanied by a Iinancial statement in the Iorm determined by the justice courts. The adverse party may except to the suIIiciency oI the sureties within 5 days aIter the Iiling oI the bond, and, unless they or other sureties justiIy beIore the justice within 10 days thereaIter, upon notice to the adverse party, to the amount stated in their aIIidavits, the appeal shall be regarded as iI no such bond had been given. In all cases where a bond is required by these rules, a deposit in the court below of the amount of the judgment appealed from and such additional amount as may be specified by the justice of the court by which the judgment was rendered, shall be equivalent to filing the bond, and in all cases the bond or deposit may be waived by the written consent oI the appellee Iiled in said action or proceeding. When a proper bond to stay proceedings is filed, it shall stay further proceedings except as otherwise above provided, and if an execution or other order shall have been issued to the sheriff, coroner, or elisor, the person shall return the same, with the cause therefor, and his or her proceedings thereunder, upon receiving from the clerk or justice a notice of the stay of proceedings.
RULE73B.BONDSMISCELLANEOUS PROVISIONS
(a)Failure to File or InsuIIiciency oI bond.II a bond on appeal or a supersedeas bond is not Iiled within the time speciIied, the appeal will be subject to such sanctions as provided in Rule 76. II the bond Iiled is Iound insuIIicient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed , as may be fixed by the justice court. AIter the action is so docketed, application Ior leave to Iile a suIIicient bond may be made only in the appellate court.
(b)judgment Against Surety.By entering into an appeal or supersedeas bond given pursuant to Rule 73 or 73A, the surety submits to the jurisdiction oI the court and irrevocably appoints the clerk oI the justice court or the justice as the surety`s agent upon whom any papers aIIecting the surety`s liability on the bond may be served. The surety`s liability may be enIorced on motion without the necessity oI an independent action. The motion and such notice oI the motion as the court prescribes may be served on the clerk oI the court, or justice, who shall Iorthwith mail copies to the surety iI the surety`s address is known. |As amended; eIIective July 1, 2005.| 'Amended Case Appeal Statement, Statement of Record on Appeal, Motion to Set Aside Eviction Order, Emergency Ex Parte Motion for Order Shortening Time; DESIGNATION OF RECORD AND STATEMENT OF POINTS ON APPEAlND NOTICE OF INTENT TO FILE BRIEF; Statement of Proceedings; CERTIFICATE OF NO TRANSCRIPT;NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST BOND ON APPEAL
Appellant Law OIIice oI Zach Coughlin, Esq. and Coughlin Memory Foam, pursuant to JCRCP 74, designates as the record on appeal all documents provided Ior in JCRCP 74(I) and all documents otherwise contained in the Justice Court Iile. NOTICE OF INTENT TO FILE BRIEF Appellant intends to Iile an opening brieI pursuant to the requirements and time Irames contained in JCRCP 75. Appellant Zach Coughlin, Esq. and Zachary Coughlin's Memory Foam, pursuant to JCRCP 74(b), hereby certiIies that no transcript exists in the above-reIerenced matter. Appellant has prepared a Statement oI Proceedings, pursuant to JCRCP 74(c). Further, Appellant is awaiting a ruling on his Motion to Prepare Transcript at Public Expense and believes the IFP Order granted in both the underlying case and the RJC appeal Iee should apply to any transcript expense. Further, Appellant has arranged Ior and attaches to this Iiling an audio recording oI the entire Summary Eviction Proceeding and argues that is it more sensible and economical to dispense with a written transcript requirement, and that monk scriveners copying The Bible eventually gave way to the printing press, the abacus gave way to the electronic calculator, and the white StyroIoam cups attached by a string gave way to the cellular phone. Please note, I veriIy that a complete, true and accurate copy oI the entire audio recording provided to me oI all proceedings in court in REV2011-001708 is Iound at: https://skydrive.live.com/redir.aspxcid43084638I32I5I28&resid43084638F32F5F28! 715&paridroot nd that copy oI the audio recordings exactly as provided to me by the Reno Justice Court will remain available at that link Ior at least the next six months, starting Irom December 14, 2011. An audio CD containing those exact Iiles is attached to this Motion as Exhibit 2. NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST BOND ON APPEAL WHEREAS, the above-entitled Court issued a Judgment dated October 27, 2011 ordering the eviction oI Tenant Irom a noncommercial premises (the court's say s this, tenant says it was his home law oIIice, thereIore commercial, regardless, rent was $900) with rent less than $1,000.00, an appeal was Iiled on November 2, 2011, with appropriate Iees or waivers, NOW THEREFORE, Appellant Zach Coughlin, Esq., and Coughlin Memory Foam posts his Supersedeas/Cost Bond in the amount oI $250, pursuant to NRS 40.385(1). Pursuant to NRS 40.385(1), JCRCP 73A(a) reIerencing JCRCP 73, Appellant may proceed and this Supersedeas/Cost Bond stays execution oI the appealed order oI eviction unless otherwise ordered by the Court. MOTION TO SET BOND AND TO STAY EVICTION PENDING APPEAL; MOTION TO SET BOND AND TO STAY EVICTION PENDING APPEAL Zach Coughlin, Esq., and respectfully requests that the Court set the Cost and Supersedeas Bonds and stay execution of the order of eviction entered on the 1/27/211 in the above-entitled Court pending the appeal of this matter. ARS 4.38 provides that: Either party may, within 1 (judicial) days, appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment, unless, within the 1 (judicial) days, he shall execute and file with the court or justice his undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed. FACTS AND ARGUMENT On the 10/27/2011 a judgment was entered against Appellant which requires Appellant to pay Respondent $0.00 and which evicts Appellant Irom the law oIIice and mattress business Appellant kept as a commercial place oI business at 121 River Rock St., Reno, NV. On the 11/2/2011, Appellant Iiled its Notice oI Appeal. WHEREFORE, Appellant requests that the Court set the Cost and Supersedeas Bonds and stay execution oI the order oI eviction entered on 10/27/2011, in the above-entitled court upon posting oI said Bonds pending the appeal oI this matter. STATEMENT OF POINTS AND AUTHORITIES Appellant provides the Iollowing Statement oI Points, pursuant to JCRCP 74(d). (Provide a brieI statement oI Iacts and legal argument on why you should not have been evicted, reIerring to statutes and case law wherever possible. Also include what happened at your eviction hearing). The law in our State does not seem exceptionally clear with regard to the service and process requirements and timeliness, and manner oI calculating time with respect to the "receipt" oI Lockout Orders. The AIIidavit oI Service by Machen states that he "personally served the described documents upon" my, Zach Coughlin...However, I can attest by AIIidavit that I was not "personally served" to the extent that "personally served" means or implies that I was there, that Machen saw me or identiIied me, or any oI the other indicators oI something, such as a Complaint, being "personally served" such as I understand the phrase to me. NRCP 5(b)(2)(A)(i-iii). Further, as Baker and Hill have so oIten pointed out, I cannot, according to them, receive any attorney's Iee award Ior appearing as pro se attorney, as such, NRCP 5(b)(2)(A)(i-iii), should apply to me only as a party, and not as a party's attorney, and, thereIore, according to NRCP 5, Service: "(2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the party; (ii) leaving it at the attorney`s or party`s oIIice with a clerk or other person in charge, or iI there is no one in charge, leaving it in a conspicuous place in the oIIice; or (iii) iI the oIIice is closed or the person to be served has no oIIice, leaving it at the person`s dwelling house or usual place of abode with some person of suitable age and discretion residing there..." So, either it was my oIIice, in which case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under NRS 40.253, and thereIore, the Order oI Summary Eviction is void Ior lack oI jurisdiction, or, the AIIidavit oI Service was on my home, and was not "handed" to me, or "personally served" (despite the AIIidavit attesting to having "personally served" me), nor was the Order oI Summary Eviction served in accordance with NRCP 5(b)(2)(A)(iii), which requires: "iI the oIIice is closed or the person to be served has no oIIice, leaving it at the person`s dwelling house or usual place of abode with some person of suitable age and discretion residing there.." Further, I believe posting an Order on one's residence door, particularly in the context oI serving a No Cause Notice oI Eviction or UnlawIul Detainer, is only valid iI the document being served is also placed in the mail and 3 non judicial days are accorded Ior service to be complete. See NRCP 6(e). I do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction Actions, according to the Iollowing: "NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal Irom the judgment rendered. But an appeal by the deIendant shall not stay the execution oI the judgment, unless, within the 10 days, the deIendant shall execute and Iile with the court or justice the deIendant`s undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253 : 1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety`s agent upon whom papers affecting the surety`s liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. NRS 40.390 Appellate court not to dismiss or quash proceedings Ior want oI Iorm. In all cases oI appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the proceedings Ior want oI Iorm, provided the proceedings have been conducted substantially according to the provisions oI NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in matters oI Iorm only, may be allowed by the court at any time beIore Iinal judgment upon such terms as may be just; and all matters oI excuse, justiIication or avoidance oI the allegations in the complaint may be given in evidence under the answer. NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to 40.420 , inclusive, apply to the proceedings mentioned in those sections. So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under NRS 40.253, then service, process, and time calculations oI such must comport with the dictates oI NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because oI numerous deIendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, oIIer oI judgment, designation oI record on appeal, and similar paper shall be served upon each oI the parties. No service need be made on parties in deIault Ior Iailure to appear except that pleadings asserting new or additional claims Ior relieI against them shall be served upon them in the manner provided Ior service oI summons in Rule 4. (b) Same: How Made. (1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders that service be made upon the party. (2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the party; (ii) leaving it at the attorney`s or party`s oIIice with a clerk or other person in charge, or iI there is no one in charge, leaving it in a conspicuous place in the oIIice; or (iii) iI the oIIice is closed or the person to be served has no oIIice, leaving it at the person`s dwelling house or usual place oI abode with some person oI suitable age and discretion residing there. (B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing; provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail, be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only by mailing from a point within the State of Nevada. (C) II the attorney or the party has no known address, leaving a copy with the clerk oI the court. (D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service. The served attorney`s or party`s consent to service by electronic means shall be expressly stated and filed in writing with the clerk of the court and served on the other parties to the action. The written consent shall identify: (i) the persons upon whom service must be made; (ii) the appropriate address or location for such service, such as the electronic- mail address or facsimile number; (iii) the format to be used for attachments; and (iv) any other limits on the scope or duration of the consent. An attorney`s or party`s consent shall remain effective until expressly revoked or until the representation of a party changes through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall, within 10 days aIter any change oI electronic-mail address or Iacsimile number, serve and Iile notice oI the new electronic-mail address or Iacsimile number. (3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served. (4) ProoI oI service may be made by certiIicate oI an attorney or oI the attorney`s employee, or by written admission, or by aIIidavit, or other prooI satisIactory to the court. Failure to make prooI oI service shall not aIIect the validity oI service... RULE 6. ~TIME (a) Computation. In computing any period oI time prescribed or allowed by these rules, by the local rules oI any district court, by order oI court, or by any applicable statute, the day oI the act, event, or deIault Irom which the designated period oI time begins to run shall not be included. The last day oI the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in which event the period runs until the end oI the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be done is the Iiling oI a paper in court, a day on which weather or other conditions have made the oIIice oI the clerk oI the district court inaccessible, in which event the period runs until the end oI the next day which is not one oI the aIorementioned days. When the period oI time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the computation except Ior those proceedings Iiled under Titles 12 or 13 oI the Nevada Revised Statutes... (e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period. Subdivision (a) is revised to extend the exclusion oI intermediate Saturdays, Sundays, and nonjudicial days to the computation oI time periods less than 11 days consistent with the 1985 amendments to the Iederal rule. Additionally, the inaccessibility oI the court`` provision Iound in subdivision (a) oI the Iederal rule is added to Rule 6(a). Subdivision (a) is Iurther amended, by adding language reIerring to proceedings Iiled under Titles 12 or 13 oI the Nevada Revised Statutes,`` to avoid any changes to current procedures in probate, guardianship and trust proceedings.... Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under new paragraph (2)(D) added to Rule 5(b)." NRS 40.253 UnlawIul detainer: Supplemental remedy oI summary eviction and exclusion oI tenant Ior deIault in payment oI rent. 1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord`s agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment oI the rent or the surrender oI the premises... 4. II the tenant Iiles such an aIIidavit at or beIore the time stated in the notice, the landlord or the landlord`s agent, aIter receipt oI a Iile-stamped copy oI the aIIidavit which was Iiled, shall not provide Ior the non admittance oI the tenant to the premises by locking or otherwise. 5. Upon noncompliance with the notice: (a) The landlord or the landlord`s agent may apply by aIIidavit oI complaint Ior eviction to the justice court oI the township in which the dwelling, apartment, mobile home or commercial premises are located or to the district court oI the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriII or constable oI the county to remove the tenant within 24 hours aIter receipt oI the order.. 6. Upon the Iiling by the tenant oI the aIIidavit permitted in subsection 3, regardless oI the inIormation contained in the aIIidavit, and the Iiling by the landlord oI the aIIidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, aIter service oI notice oI the hearing upon the parties, to determine the truthIulness and suIIiciency oI any aIIidavit or notice provided Ior in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the non admittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420 , inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled.... 7. The tenant may, upon payment oI the appropriate Iees relating to the Iiling and service oI a motion, Iile a motion with the court, on a Iorm provided by the clerk oI the court, to dispute the amount oI the costs, iI any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 Ior the inventory, moving and storage oI personal property leIt on the premises. The motion must be Iiled within 20 days aIter the summary order Ior removal oI the tenant or the abandonment oI the premises by the tenant, or within 20 days aIter: (a) The tenant has vacated or been removed Irom the premises; and (b) A copy oI those charges has been requested by or provided to the tenant, whichever is later. 8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may: (a) Determine the costs, iI any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and (b) Order the release oI the tenant`s property upon the payment oI the charges determined to be due or iI no charges are determined to be due. Landlord Merliss Iiled only a No Cause Notice oI Eviction in REV2011-001708 on Commercial Tenant Zach Coughlin, Esq.'s law oIIice. As such, a Summary Eviction Proceeding is impermissible given the requirement oI NRS 40.253 that the Notice alleged non-payment oI rent to allow the landlord to proceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge SIerrazza was precluded Irom ruling on anything other than possession oI the premises pursuant to NRS 40.253(6), Anvui, and Glazier. Further, the tenancy did not terminate under the Lease Agreement, it was renewed. ervice oI notices to quit; prooI required beIore issuance oI NRS 40.254 UnlawIul detainer: Supplemental remedy oI summary eviction and exclusion oI tenant Irom certain types oI property. Except as otherwise provided by speciIic statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant oI a dwelling unit which is subject to the provisions oI chapter 118A oI NRS, part oI a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty oI an unlawIul detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that: 1. Written notice to surrender the premises must:...(e) A statement that the claim for relief was authorized by law. As such, the too early lockout brings into play the Iollowing: 'NRS 118A.390 UnlawIul removal or exclusion oI tenant or willIul interruption oI essential services; procedure Ior expedited relieI. 1. II the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant`s entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant`s actual damages, receive an amount not greater than $1,000 to be fixed by the court, or both. 2. In determining the amount, iI any, to be awarded under subsection 1, the court shall consider: (a) Whether the landlord acted in good Iaith; (b) The course oI conduct between the landlord and the tenant; and (c) The degree oI harm to the tenant caused by the landlord`s conduct. 3. II the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter. 4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession oI the premises Irom the landlord by Iiling a veriIied complaint Ior expedited relieI Ior the unlawIul removal or exclusion oI the tenant Irom the premises or the willIul interruption oI essential services. 5. A veriIied complaint Ior expedited relieI: (a) Must be Iiled with the court within 5 judicial days aIter the date oI the unlawIul act by the landlord, and the veriIied complaint must be dismissed iI it is not timely Iiled. II the veriIied complaint Ior expedited relieI is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord. (b) May not be Iiled with the court iI an action Ior summary eviction or unlawIul detainer is already pending between the landlord and tenant, but the tenant may seek similar relieI beIore the judge presiding over the pending action. 6. The court shall conduct a hearing on the veriIied complaint Ior expedited relieI within 3 judicial days aIter the Iiling oI the veriIied complaint Ior expedited relieI. BeIore or at the scheduled hearing, the tenant must provide prooI that the landlord has been properly served with a copy oI the veriIied complaint Ior expedited relieI. Upon the hearing, iI it is determined that the landlord has violated any oI the provisions oI subsection 1, the court may: (a) Order the landlord to restore to the tenant the premises or essential services, or both; (b) Award damages pursuant to subsection 1; and (c) Enjoin the landlord Irom violating the provisions oI subsection 1 and, iI the circumstances so warrant, hold the landlord in contempt oI court. 7. The payment oI all costs and oIIicial Iees must be deIerred Ior any tenant who Iiles a veriIied complaint Ior expedited relieI. AIter any hearing and not later than Iinal disposition oI the Iiling or order, the court shall assess the costs and Iees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require. 'NRS 118A.090 'Exclude deIined. 'Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry, or to make a dwelling unit uninhabitable by interrupting or causing the interruption oI electric, gas, water or other essential services. ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY INCORPORATED BY REFERENCE INTO THIS FILING. NRS 118A.190: ' Notice: DeIinition; service. 1. A person has notice oI a Iact iI: (a) The person has actual knowledge oI it; (b) The person has received a notice or notiIication oI it; or (c) From all the Iacts and circumstances the person reasonably should know that it exists. 2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280. 3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place oI business oI the landlord designated in the rental agreement or to any place held out by the landlord as the place Ior the receipt oI rental payments Irom the tenant and are eIIective Irom the date oI delivery or mailing. 'NRS 40.280 Service oI notices to quit; prooI required beIore issuance oI order to remove. 1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served: (a) By delivering a copy to the tenant personally, in the presence oI a witness; (b) II the tenant is absent Irom the tenant`s place oI residence or Irom the tenant`s usual place oI business, by leaving a copy with a person oI suitable age and discretion at either place and mailing a copy to the tenant at the tenant`s place oI residence or place oI business; or (c) II the place oI residence or business cannot be ascertained, or a person oI suitable age or discretion cannot be Iound there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, iI the person can be Iound, and mailing a copy to the tenant at the place where the leased property is situated. I declare under penalty oI perjury and veriIy that all Iactual assertions I make herein in this Iiling are true and correct to the best oI my knowledge. I did not receive any oI the emails allegedly sent to my Irom Richard Hill's email address, rhillrichardhillaw.com between August 18 th , 2011 to November 17 th , 2011, and certainly none Irom rhillrichardhillaw.com during the period between the illegal lockout at 4:30 pm November 1, 2011 and the trespass arrest oI November 13 th , 2011 which allegedly spoke to my being provided access to the property Ior the purpose oI my removing my belongings, despite my numerous calls and written requests, which outlined the exigencies inherent to my being precluded access to my client Iiles incident to an unlawIul and improperly notice and too early occurring lockout by the WCSO. I and my business have been damaged greatly by these acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent to service or notice oI anything via electronic means. Further NRS 118A.190 does not speak to 'notice oI a legal Iinding, but rather to 'notice oI a Iact. As such, I was not appropriately served notice oI the Order oI Summary Eviction, and an illegal lockout occurred, as such no criminal trespass charge can stand. Further, now, Casey Baker writes the undersigned and reports a burglary has recently occurred. 'RE: 121 River Rock From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Wed 12/14/11 3:43 PM To: cdbakerrichardhillaw.com; knielsenrichardhillaw.com; sgallagherrichardhillaw.com Dear Mr. Baker, I drove by the property recently and saw you had added boarding up the Iront door on very, very recently. UnIortunately, your client and your Iirm, despite billing up some $1,060 Ior "securing" the property on top oI charging $900 Ior storage Ior what could Iit inside a 10x20 Ioot storage shed, never once providing an inventory, and contributing to a wrongIul arrest and deIamation causing me and my clients great damage, Iailed to take even basic steps to secure the property, despite my making numerous written requests that you do so, including, but not limited to, taking the damn window unit air conditioner out oI the window Iacing the sidewalk on the side oI the house very close to the damn Lakemill Lodge, or even putting a strong stick in between the bottom sliding window pain and the top oI the sill to prevent someone Irom simply pushing in the window unit air conditioner and pushing the window up to gain access. Further, a blanket that was on the orange circular couch is clearly in the Ilower bed in Iront oI the house. Additionally, there are reports that someone with your oIIice gave someone a mattress Irom the inventory oI Coughlin Memory Foam (a Nevada licensed business located at the property) and an expensive mattress platIorm has clearly been damaged and placed in the Ilower bed as well, in addition to one oI the wooden porch shades being removed Irom the Iront porch. You and your client are, oI course, liable Ior all oI this. (email Irom Coughlin to Baker, attached as Exhibit 3 along with the Iollowing email Irom Baker reporting the burglary to Couglin):From: cdbakerrichardhillaw.com To: zachcoughlinhotmail.com CC: rhillrichardhillaw.com Subject: 121 River Rock Date: Wed, 14 Dec 2011 13:50:02 -0800 Mr. Coughlin: The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I can`t tell what else. The contents oI the residence appear to have been riIled through. I am providing you with this inIormation as a courtesy. This email does NOT constitute permission Ior you to go to the River Rock property. Casey D. Baker, Esq. See Exhibit 3. Also, attached to this at Exhibit 1 is a collection oI documents related to some Iaxes, Proposed Orders, Ex Parte Emergency Motion Ior Inspection, AIIidavit oI Due Diligence by Process Servers ostensibly claiming the ability to see through walls, etc., and one interesting copy oI a Iax received Irom Casey Baker, Esq by the Reno Justice Court with a handwritten note on the Iax dated 10/20/2011 that appears to be Judge SIerrazza's signature and handwriting wherein the Iollowing notation is made: ' 'NRS 118A.260 Disclosure oI names and addresses oI managers and owners; emergency telephone number; service oI process. 1. The landlord, or any person authorized to enter into a rental agreement on his or her behalI, shall disclose to the tenant in writing at or beIore the commencement oI the tenancy: (a) The name and address oI: (1) The persons authorized to manage the premises; (2) A person within this State authorized to act Ior and on behalI oI the landlord Ior the purpose oI service oI process and receiving notices and demands; and (3) The principal or corporate owner. (b) A telephone number at which a responsible person who resides in the county or within 60 miles oI where the premises are located may be called in case oI emergency. 2. The inIormation required to be Iurnished by this section must be kept current, and this section is enIorceable against any successor landlord or manager oI the premises. 3. A party who enters into a rental agreement on behalI oI the landlord and Iails to comply with this section is an agent oI the landlord Ior purposes oI: (a) Service oI process and receiving notices and demands; and (b) PerIorming the obligations oI the landlord under law and under the rental agreement. 4. In any action against a landlord which involves his or her rental property, service oI process upon the manager oI the property or a person described in paragraph (a) oI subsection 1 shall be deemed to be service upon the landlord. The obligations oI the landlord devolve upon the persons authorized to enter into a rental agreement on his or her behalI. 5. This section does not limit or remove the liability oI an undisclosed landlord. NRS 40.310 Issue oI Iact to be tried by jury iI proper demand made. Whenever an issue oI Iact is presented by the pleadings, it shall be tried by a jury, iI proper demand is made pursuant to the Nevada Rules oI Civil Procedure or the Justice Court Rules oI Civil Procedure Actually, a lot oI people seemed conIused regarding the '24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions applicable to Summary Eviction Proceedings oI anything related to '24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant does not Iile a Tenant's Answer or Tenant's AIIidavit, which is clearly inapplicable here, as the Tenant did Iile such a Opposition to the No Cause Eviction Notice: '5. Upon noncompliance with the notice: (a) The landlord or the landlord`s agent may apply by aIIidavit oI complaint Ior eviction to the justice court oI the township in which the dwelling, apartment, mobile home or commercial premises are located or to the district court oI the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The aIIidavit must state or contain... So, absent some statutory provision allowing the Order oI Summary Eviction to result in a lockout by the Washoe County SheriII's OIIice prior to the 3 days Ior mailing where personal service oI the Order oI Summary Eviction was not eIIectuated, despite what WCSO employee may have incorrectly (or Ialsely) asserted in the WCSO's John Machem's AIIidavit oI Service Irom, Iile stamped November 7, 2011 (especially where it is timestamped 4:30 pm, November 1, 2011, especially where the Order oI Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1, 2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e). Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in Richard Hill's November 21, 2011 Motion Ior Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that what the Washoe County SheriII's OIIice customarily does is somehow automatically codiIied into mandatory precedent black letter law. To wit, Richard Hill wrote in his Motion For Order To Show Cause that: 'FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT 1 was served on Coughlin on November " 2011 by the Washoe County SheriIIs Department, by posting same on the Iront door oI the property in the manner customary Ior evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting and dispossessing Coughlin oI possession oI the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as indicated in writing in the WCSO's Machem's AIIidavit oI Service, contra to the mandate oI Judge SIerrazza's Order oI Summary Eviction requiring any lockout to occur after 5:00 pm, November 1, 2011. Indeed, in a December 8 th , 2011 letter to Landlord, Irom Tenant (attached as an Exhibit to Coughlin's 12/14/11 Iiling in 1708), Iurther issues Ior the appeal an auguring Ior a Temporary Restraining Order or Injunction: 'the Court has decided to set another hearing in that Regard Ior December 20th, 2011 at 9:45 am. However, and very, very curiously (again!) the RJC could only set the hearing (despite the statutory requirement in NRS 40.253(7)-(8) that is occur within 10 days oI the Iiling oI my Motion To Contest Personal Property Lien) Ior December 20 th , 2011 at 9:45 am. As such I am leIt in the untenable situation oI allowing your artiIicial deadline to pass, at which point you will, according to your own written words, Iiresale mine and my client's property, do the same with property at 121 River Rock which belongs to others, and just generally destroy heirlooms, keepsakes, oIIice equipment, mattress business equipment and other materials. I AM HEREBY REQUESTING IN WRITING A WRITTEN STIPULATION FROM YOU AGREEING TO EXTEND THE PERIOD YOU LAID OUT IN YOUR DECEMBER 2, 2011 LETTER TO ME BY WHICH YOU ASSERT, AT PAGE 2 PARAGRAPH 1, THAT THE ~FINAL DAY ON WHICH YOU WILL BE ALLOWED TO ENTER ONTO THE RIVER ROCK PROPERTY PURSUANT TO THIS OFFER IS MONDAY, DECEMBER 19, 2011... Please agree to retract your artiIicial December 19, 2011 deadline and place any new deadline out at least 5 days aIter any ruling on the Motion to Contest Personal Property Lien by the Reno Justice Court, pursuant to the hearing on that Motion currently set Ior December 20 th , 2011 at 9:45 a.m. I FURTHER RESERVE ALL MY RIGHTS TO CONTEST OR PURSUE MY RIGHTS UNDER THE DEFAULT THAT SHOULD HAVE BEEN ORDERED AGAINST YOU PURSUANT TO YOUR FAILUR TO APPEAR AT THE NOVEMBER 22ND, 2011 HEARING PREVIOUSLY SET IN THIS MATTER AND FURTHER RESERVE ME RIGHT TO SEEK REDRESS FOR THE FACT THAT (ASIDE FROM WHATEVER THE NOVEMBER 22ND, 2011 HEARING WILL BE DEEMED) THE RENO JUSTICE COURT FAILED TO HOLD A HEARING IN RESPONSE TO MY MOTION IN COMPLIANCE WITH THE SPECIFIC DICTATES FOUND IN NRS 40.253(7)-(8), INCLUDING, BUT NOT LIMITED TO, HAVING THE SHERIFF AFFECT SERVICE OF NOTICE OF SUCH HEARING. I received your shameless December 2, 2011 letter in the mail "Re: Disposal oI personal property leIt at 121 River Rock, Reno, Nevada". I dispute all contentions or allegations it contains. As I have previously indicated, though, I am under no duty to do so, given your propensity to attempt to bury the truth in lies and all the time sapping that would have on me should I agree to register my contentions or disagreements with your attempts to practice law. You have Iailed to provide any prooI oI any "inventorying" done on your part or any itemization oI charges incurred in relation to such inventorying. Further, you have been served a Iiling ready NRCP 11 motion incident to your pernicious attempts to include the contractor's bill oI $1060 (which includes an entry Ior "Iixing leak in the basement", something Ior which, there is no reasonable nexus to NRS 40.460's dictate calling Ior reasonable costs Ior "inventorying, moving, and storage). Given that you have already sent me written bills and demands Ior rent, starting November 1, 2011 (something Ior which Richard Hill lied to the RPD OIIicers about at the time oI the arrest Ior alleged trespass on November 13th, 2011, OIIicer Carter, RPD, etc.).
Further, I showed up to the hearing pursuant to NRS 40.253(7)-(8). You Iailed to. There is not issue as to staleness, but rather why a deIault judgment should not have issued in my Iavor pursuant to your Iailure to appear Ior the hearing. Further, the 10 days called Ior in NRS 40.253(7)-(8) (I would cite it here Ior you, but preIer to see iI you can be bothered to actually look up and read that section Ior the Iirst time all by yourselI) certainly are calculated in a diIIerent way than however it is you came to the determination that My Motion to Contest oI November 16, 2011 was "stale". Further, as Iound on page 2 oI your December 2, 2011 letter, "the terms and conditions Ior you to enter...are the same as those terms contained in Mr. Hill's email to you dated November 25, 2011...." So, under NRS 40.253(7)-(8) even should your "stale" argument hold water, I still have 20 days Irom the date you provided written itemization oI your charges to move Ior another hearing to contest your unlawIul rent distraint attempt on a commercial business where you Iiled only a No Cause Notice oI Eviction (oops!), using a damn Iorm, no less, while billing $20,000 to your client, er, I mean to contest your dubious personal property lien. THE 21 DAY SAFE HARBOR PERIOD IS DUE TO EXPIRE SOON WITH REGARD TO YOUR MAINTAINING THIS EVICTION UNDER NRS 40.253 DESPITE YOUR EXPRESS WRITTEN ADMISSION THAT IT INVOLVES A COMMERCIAL LEASE AND MERELY A NO CAUSE NOTICE OF EVICTION/UNLAWFUL DETAINER. THE LAW IS CLEAR IN THIS REGARD, HOLDING THAT NO CAUSE EVICTIONS ARE NOT PERMISSIBLE AGAINST COMMERCIAL TENANTS WHERE FAILURE TO PAY RENT IS NOT ALLEGED. ALERT THE COURT TO YOUR TRANSGRESSION IMMEDIATELY OR PREPARE TO DEFEND AGAINST YOUR VEXATIOUS TACTIS. FURTHER, PLEASE PROVIDE PROOF THAT YOU RECEIVED YOUR MD CLIENT'S "INFORMED CONSENT" WITH RESPECT TO THE VARIOUS RISKS YOU WERE DRAGGING HIM THROUGH INCIDENT TO YOUR "WRONG SITE SURGERY" OF A LEGAL NATURE, ie, seeking a No Cause Eviction against a commercial tenant, asking Ior attorney's Iees and running up a $20,000 attorney's Iees bill within a type oI proceeding, a Summary Eviction Proceeding a la NRS 40.253, that is expressly included amongst those matters in Nevada's Justice Court (JCRCP 3) that do not allow Ior a prevailing party award oI attorney's Iees. Further, you have apparently been giving away commercial property oI mine, including materials related to the mattress business located as 121 River Rock St. Do you want to guess whether or not I have a video tape oI anyone attesting that you did, in Iact, give them a mattress, or do anything else? You know, under SchiII, you, and your client, can be held valuable Ior the entire value oI either business in damages under the wrongIul eviction and other tort/contract based theories oI recovery that will be included in the lawsuit against you, as resulted in the wrongful eviction of a seafood distributor in Schiff, to the tune of some $300,000, iI memory serves. That may extend to personal liability with respect to your various employees. FURTHER, YOU ARE ALLEGEDLY BOTH WITHHOLDING AND DENYING MY ACCESS TO ITEMS MAILED TO ME, MY LAW PRACTICE, OR MY MATTRESS BUSINESS IN THE UNITED STATES POSTAL SERVICE, A VIOLATION OF FEDERAL LAW. I DEMAND YOU MAKE THESE ITEMS AVAILABLE TO ME AT ONCE.
You are allegedly withholding items addressed to me that were sent in the United States Mail. Some oI these pieces oI mail involve important and exigent client matters. Additionally, your oIIice reIused to return my state issued driver's license Ior the entire period between November 15th, through November 22nd, which is another criminal law violation, I believe. I do not believe you have any basis Ior a lien on these items. Further, you are withholding items oI mine that were not at the property at the time oI your illegal lockout. You have been inIormed as to what these items are, and I believe you are guilty oI a criminal law violation Ior withholding them. Please make them available to me at once. Please do not attempt to make phone calls or voice mails to me. Please communicate to me only in writing. Judge SIerrazza apparently made an Order on 10/27/2011 which, essentially, converted to the Court all the money I had available to me, then, shortly thereaIter, he made an another Order denying a request Ior Publication oI Transcript at Public Expense, claiming that the 11/7/2011 Order returning the money reclassiIied at that point as a Supersedeas Bond (iI the court is holding a Supersedeas Bond, doesn't that mean Stay must be in place, as such, wouldn't a trespass charge be a legal Iiction?). NRS 40.253(6) explicitly prevents this (and the RJC will need to enact and get approved its own version oI Las Vegas's Justice Court Rule 44 iI it wants to order tenants in a Summary Execution, er, Summary Eviction proceeding to pay monies into the court or otherwise reclassiIy previous order Ior rent escrow and deem monies previously submitted as 'Appeal Bonds or other types oI Bonds. Simply put, the RJC must return the $2275 I was improperly Iorced to deposit into the court as rent escrow. Further, the IFP granted in this case should apply to the Appeal Bond or any other Iees or bonds required by this or any other court. This is also a whistle blower and or Qui Tam action, as the Justice Court should not be leveraged as a club to bash tenants senseless just because attorney's like Richard Hill, Esq. and Casey Baker, Esq. Iind it proIitable. Quit having Iiling oIIice employees bully tenants into coming down and being served notices by the Iiling oIIice that they law in Nevada requires landlord or landlord's attorney to service and Iile prooI oI. Don't act like JCRRT allow it, see Rule 2 oI JCRRT, basically, JCRRT doesn't apply to landlord tenant action and quit acting like the RJC gets to apply 'house rules, without getting them printed Ior the public and approved by the Supreme Court oI Nevada. See Rule 81 and 83 oI the State oI Nevada's Justice Court Rules oI Civil Procedure.~ From Coughlin's 12/14/11 " Amended Case Appeal Statement, Statement of Record on Appeal, Motion to Set Aside Eviction Order, Emergency Ex Parte Motion for Order Shortening Time; DESIGNATION OF RECORD AND STATEMENT OF POINTS ON Appeal;AND NOTICE OF INTENT TO FILE BRIEF; Statement of Proceedings; CERTIFICATE OF NO TRANSCRIPT;NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST BOND ON APPEAL, which was timely, especially considering there was no ~judgment' involved sufficinet to invoked NRS 40.380 or N1CRCP 73 or 73A(a)(4), not to mention that Couglin was granted IPF status by 1udge Sferrazza, even as to the $24 appeal fee in the R1C, therefore, no ~appeal bond was even required of Couglin (see 1udge Steinheimmer's 11/8/11 denial of Coughlin's Motion to Proceed In Forma Pauperis in CV11-03051 wherein she makes clear she lacks jurisdiction to waive such ~appeal bond for costs (such is province of the R1C, and by granting Coughlin's IPF, 1udge Sferrazza thereby ruled that Coughlin would not be required to file such a $250 appeal bond as set out in N1CRCP 73, as Couglin was ~exempted by law from such requirement, and regardless, even where Coughlin subject to such bond required in N1CRCP 73, particularly where ~security shall not be required of an appellant who is not subject to costs". 1udge Sferrazza's ruling on 10/25/11 necessarily made it so that Coughlin had (by the R1C retaining his $2,275 even after the 10/25/11 Trial, ~filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond for costs on appeal or equivalent security shall be filed by the appellant in the justice court with the notice of appeal, and therefore, either such ~bond on appeal' was incorporated into the supersedeas bond that the R1C retaining Coughlin's $2,275 must have necessarily been (nothing would justify 1udge Sferrazza making Coughlin's ~appeal bond' (which is meant only to cover the ~costs (ie, filing fee, etc....rent is not a cost...) a staggering nearly ten times was it is set at in N1CRCP 73, and there exists no authority for any contention that 1udge Sferrazza had the jurisidction necessary to support any such ruling. Its a troubling ruling too, kind of a ~the Court is going to take ten times the amount necessary, and still refuse you your stay, despite you being statutorily entitled to the automatice stay set out in NRS 40.384, particularly where there is no ~judgment, given this was only a summary eviction...or ~Trial (under N1CRCP 109), except for the fact that you didn't get your 20 days to respond to a Summons and Complaint, and, really, the landlord wasn't even required to file a landlord's affidavit containign all that required by NRS 40.254(2) even to this day...sorry this lead to a terrible run in your life of 15 arrests and 8 evictions (many of which the R1C has prolonged or exacerbated under exceptionally questionable circumstances (Clifton, Pearson, Schroeder, and Sferrazza openly violating Nevada law per NRS 1.230, 1.235, NRS 40.253(5), and NRS 178.405, in addition to DDA Young malfeasance pratically being cheered by R1C 1udges, as was the WCPD and Bruce Lindsay's extremely deficient ~representation, much suspect condut by R1C Bailiffs and Clerks, etc.). Also, neither Baker nor Hill ever challenged Coughlin's bond per N1CRCP 73's: ~After a bond for costs on appeal is filed, a respondent may raise for determination by the justice court objections to the form of the bond or to the sufficiency of the surety. N1CRCP 73: ~BOND FOR COS1S ON APPEAL
Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond for costs on appeal or equivalent security shall be filed by the appellant in the justice court with the notice of appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of $25 unless the justice court fixes a different amount. A bond for costs on appeal shall have sufficient surety, and it or any equivalent security shall be conditioned to secure the payment of costs if the appeal is finally dismissed or the judgment affirmed, or of such costs as the district court may direct if the judgment is modified. If a bond or equivalent security in the sum or value of $250 is given, no approval thereof is necessary. After a bond for costs on appeal is filed, a respondent may raise for determination by the justice court objections to the form of the bond or to the sufficiency of the surety. The provisions of Rule 73A apply to a surety bond upon a bond given pursuant to this rule. Further, Baker himselI admits in his Ansering BrieI that 1708 was not a 'Iormal proceeding (which would mean Juge SIerrazza's Note Order' oI 12/22/11 indicating that Coughlin would not recieve a stay due to not having made a deposit 'witihin 10 days (which is not true given the RJC retain Coughlin's escrow, and SIerrazza himselI ruled on 10/25/11 (see NJCRCP Rule 73B(b): ' (b) supersedeas bond: Form and EIIect.... In all cases where a bond is required by these rules, a deposit in the court below of the amount of the judgment appealed from and such additional amount as may be specified by the justice of the court by which the judgment was rendered, shall be equivalent to filing the bond,) that such was Couglhin's 'bond...and upon such escrow being returned to Coughlin, RJC Clerks (including Cherl and Christine Erickson, reIused to accept Irom Coughlin, on several attempts the $250 Coughlin attempted to deposit as a supersedeas bond (see Coughlin's 11/21/11 email to ChieI Civil Clerk Stancil). (a)Failure to File or InsuIIiciency oI bond.II a bond on appeal or a supersedeas bond is not Iiled within the time speciIied, the appeal will be subject to such sanctions as provided in Rule 76. II the bond Iiled is Iound insuIIicient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed, as may be fixed by the justice court. After the action is so docketed, application for leave to file a sufficient bond may be made only in the appellate court. Further NJCRCP 73A(a)(4): 'In cases involving an appeal by the defendant of an order of eviction in a formal proceeding, such appeal shall not stay the execution of the judgment , unless, no later than 1 days after the filing of a notice of appeal , the person shall execute and file with the court or justice an undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs , to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use ana occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed. Whenever an appeal is perfected, and a bond given as provided by paragraphs (1), (2), (3) and (4) herein, it shall stay all further proceedings in the court below, upon the judgment or order appealed from or upon matters embraced therein, except as hereinafter specified. However, the court below may proceed upon any other matter included in the action or proceeding and not affected by the judgment or order appealed from ; ... In cases not provided for in (1), (2), (3) or (4) above, the giving of an appeal bond , under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same oI perishable property, the court below may order the property to be sold and the proceeds thereoI to be deposited to abide by the judgment oI the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.
(b)supersedeas bond: Form and EIIect.... In all cases where a bond is required by these rules, a deposit in the court below of the amount of the judgment appealed from and such additional amount as may be specified by the justice of the court by which the judgment was rendered, shall be equivalent to filing the bond , and in all cases the bond or deposit may be waived by the written consent oI the appellee Iiled in said action or proceeding. When a proper bond to stay proceedings is filed, it shall stay further proceedings ...and if an execution or other order shall have been issued to the sheriff, coroner, or elisor, the person shall return the same, with the cause therefor, ana his or her proceeaings thereunaer, upon receiving from the clerk or fustice a notice of the stay of proceedings.
'supersedeas bond From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Mon 11/21/11 8:46 PM To: kstancilwashoecounty.us Ms. Stancil, I may be unable to post the supersedeas bond in time iI I am not provided my wallet, state issued, identiIcation, etc. by mr. Hill. Further law oI the case applies to Judge SIerrazza's earlier determinatino oI the amount, and under JCRCP 73 and nrs 40.380 its not clear what the bond should be, iI any, as well as whether the execution should have been stayed during the period Judge SIerrazza continued to hold the $2,275. I seek clariIication Irom you and the RJC. Thank You, Zach Coughlin, Esq. 121 River Rock St. Reno, NV 89501 775 338 8118 Licensed in Nevada a stay From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Thu 11/24/11 3:19 AM To: kstancilwashoecounty.us http://lawlibrary.nevadajudiciary.us/documents/landlordTenantForms0612/LandlordTenantFor ms31to36/AppealSummaryEvictionJusticeToDistrictCourt.pdI my $2275 was ruled the supersedeas bond, and retained by the court, yet the eviction was not stayed...rent was less than $1000, I am conIused. NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal Irom the judgment rendered. But an appeal by the deIendant shall not stay the execution oI the judgment, unless, within the 10 days, the deIendant shall execute and Iile with the court or justice the deIendant`s undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed. |1911 CPA 659; RL 5601; NCL 9148| NRS 40.385 Stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay. Upon an appeal Irom an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250 to cover the expected costs on appeal. In an action concerning a lease oI commercial property or any other property Ior which the monthly rent exceeds $1,000, the court may, upon its own motion or that oI a party, and upon a showing oI good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction oI the appellate court and irrevocably appoints the clerk oI that court as the surety`s agent upon whom papers aIIecting the surety`s liability upon the bond may be served. Liability oI a surety may be enIorced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. appeal brieI date request pursuant to N. S. Ct. instrucxtion From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Thu 11/24/11 3:34 AM To: cIrandenmail.co.washoe.nv.us; kstancilwashoecounty.us 1 attachment AppealSummaryEvictionJusticeToDistrictCourt.pdI (199.1 KB) Hi Mr. Franden, I am Iollowing the directions oI the Nevada Supreme Court in contacting you and because I keep trying to Iile these things in the Reno Justice Court but keep getting them handed back to me and escorted out the building by a Brown Shirt. There was an Summary Eviction Order that kept my $2275 rent escrow deposit, reclassiIying it as a supersedeas/appeal bond...but no stay was granted.....NRS 40.385 would seem to go against that....Now my client Iile are being held under an unlawIul rent distraint and my emergency motion to Judge Berry has not been ruled on and Judge Steinheimmer denied my IFP.... http://lawlibrary.nevadajudiciary.us/documents/landlordTenantForms0612/LandlordTenantFor ms31to36/AppealSummaryEvictionJusticeToDistrictCourt.pdI There are two ways to do this: 1. II there was a court reporter recording your trial in Justice Court, order a copy oI the transcript (there may be a cost to getting it) and Iile it with the Justice Court; 2. II there was no court reporter at your trial, Iile the CertiIicate oI No Transcript, Form #35; and a Statement oI Proceedings, Form #36, with the Justice Court. Note that you must serve your version to the Landlord Ior his/her objections, and then you must submit both to the Justice Court. See JCRCP 74. STEP THREE: FILING THE APPELLATE BRIEF The Justice Court Clerk should notiIy all parties when the record has been transmitted to the District Court. 3 Call the court clerk periodically to see iI your case has been given to the District Court. When the case has been given to the District Court, contact the clerk oI the District Court that has your case and ask when your appellate brieI must be Iiled with the District Court. II you are unable Ior any reason to Iind out a speciIic date to Iile your appellate brieI, you must Iile it in the District Court within 30 days aIter your case has been given to the District Court. Check your local rules Ior your District Court regarding limitations on the length oI your brieI. Note: The District Court can reIuse to accept brieIs and simply decide your appeal on the record submitted. In writing your appellate brieI: 1. Do not argue disputed Iacts; and 2. Argue only mistakes oI law that make a diIIerence. The judge in your summary eviction hearing has the authority to decide Iactual issues. To argue any Iactual issue, the judge`s decision must be 'arbitrary and capricious or without any support. This standard is very diIIicult to meet, and the District Court judge gives great weight to the Iactual decisions oI the Justice Court judge.
From: zachcoughlinhotmail.com To: kstancilwashoecounty.us Subject: a stay Date: Thu, 24 Nov 2011 03:19:56 -0800 http://lawlibrary.nevadajudiciary.us/documents/landlordTenantForms0612/LandlordTenantFor ms31to36/AppealSummaryEvictionJusticeToDistrictCourt.pdI my $2275 was ruled the supersedeas bond, and retained by the court, yet the eviction was not stayed...rent was less than $1000, I am conIused. NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal Irom the judgment rendered. But an appeal by the deIendant shall not stay the execution oI the judgment, unless, within the 10 days, the deIendant shall execute and Iile with the court or justice the deIendant`s undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed. |1911 CPA 659; RL 5601; NCL 9148| NRS 40.385 Stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay. Upon an appeal Irom an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250 to cover the expected costs on appeal. In an action concerning a lease oI commercial property or any other property Ior which the monthly rent exceeds $1,000, the court may, upon its own motion or that oI a party, and upon a showing oI good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction oI the appellate court and irrevocably appoints the clerk oI that court as the surety`s agent upon whom papers aIIecting the surety`s liability upon the bond may be served. Liability oI a surety may be enIorced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. 'FW: appeal brieI date request pursuant to N. S. Ct. instrucxtion From: Zach Coughlin (zachcoughlinhotmail.com) Sent: Thu 11/24/11 3:47 AM To: stuttlewashoecounty.us 1 attachment AppealSummaryEvictionJusticeToDistrictCourt.pdI (199.1 KB) Mr. Tuttle, the n s ct directions say to contact you and ask STEP THREE: FILING THE APPELLATE BRIEF The Justice Court Clerk should notiIy all parties when the record has been transmitted to the District Court. 3 Call the court clerk periodically to see iI your case has been given to the District Court. When the case has been given to the District Court, contact the clerk oI the District Court that has your case and ask when your appellate brieI must be Iiled with the District Court. II you are unable Ior any reason to Iind out a speciIic date to Iile your appellate brieI, you must Iile it in the District Court within 30 days aIter your case has been given to the District Court. Check your local rules Ior your District Court regarding limitations on the length oI your brieI. Note: The District Court can reIuse to accept brieIs and simply decide your appeal on the record submitted. So I am writing to inquire about that. Sincerely, Zach Coughlin PS STEP TWO: THE RECORD FROM THE TRIAL The Iirst pleading, which must be Iiled in all appeals, is the Designation oI Record and Statement oI Points on Appeal and Notice oI Intent to File BrieI, Form #34. The portion designating the record simply sweeps all documents Irom the Justice Court proceedings into the appeal. The second section, stating points on appeal, requires you to list the reasons Ior the appeal. The third part notiIies the court oI your intention to Iile an appellate brieI. You must get a copy oI the trial record and Iile it with the Justice Court within 10 days oI the date you Iile the Notice oI Appeal. There are two ways to do this: 1. II there was a court reporter recording your trial in Justice Court, order a copy oI the transcript (there may be a cost to getting it) and Iile it with the Justice Court; 2. II there was no court reporter at your trial, Iile the CertiIicate oI No Transcript, Form #35; and a Statement oI Proceedings, Form #36, with the Justice Court. Note that you must serve your version to the Landlord Ior his/her objections, and then you must submit both to the Justice Court. See JCRCP 74.
However, the second time I tried to submit the CertiIicate oI No Transcript (the Iirst time a Brown Shirt named Sexton went all club bouncer on me) Not only did Brown Shirt Sexton stamp out my access to justice with his cold cruel Jackboot, but Drema told me that I couldn't Iile it because the RJC audio records the proceeding and I could pay the $1,000 to the "recommended" transcriptionist to transcribe 5 hours oI proceedings, which, given the industry standard oI between 2 to 3 hours oI transcription work Ior every hour oI hearing, would put the transcriptionist into a higher tax bracket per hour than me, that's Ior sure. Anyways, the N. S. Ct instructions do not jibe with what Drema said, so....Further, Judge SIerrazza entered an Order in response to a Motino to Produce Transcript at Public Expense that basically said I would need to have two loan sharks break both my legs and say they would wack me next week iI I didn't get the rest to them, and where I has absolutely no money to my name, beIore Judge SIerrazza would even begin ot think about approving the Order based on need or indigency. From: zachcoughlinhotmail.com To: cIrandenmail.co.washoe.nv.us; kstancilwashoecounty.us Subject: appeal brieI date request pursuant to N. S. Ct. instrucxtion Date: Thu, 24 Nov 2011 03:34:32 -0800 Hi Mr. Franden, I am Iollowing the directions oI the Nevada Supreme Court in contacting you and because I keep trying to Iile these things in the Reno Justice Court but keep getting them handed back to me and escorted out the building by a Brown Shirt. There was an Summary Eviction Order that kept my $2275 rent escrow deposit, reclassiIying it as a supersedeas/appeal bond...but no stay was granted.....NRS 40.385 would seem to go against that....Now my client Iile are being held under an unlawIul rent distraint and my emergency motion to Judge Berry has not been ruled on and Judge Steinheimmer denied my IFP.... http://lawlibrary.nevadajudiciary.us/documents/landlordTenantForms0612/LandlordTenantFor ms31to36/AppealSummaryEvictionJusticeToDistrictCourt.pdI There are two ways to do this: 1. II there was a court reporter recording your trial in Justice Court, order a copy oI the transcript (there may be a cost to getting it) and Iile it with the Justice Court; 2. II there was no court reporter at your trial, Iile the CertiIicate oI No Transcript, Form #35; and a Statement oI Proceedings, Form #36, with the Justice Court. Note that you must serve your version to the Landlord Ior his/her objections, and then you must submit both to the Justice Court. See JCRCP 74. STEP THREE: FILING THE APPELLATE BRIEF The Justice Court Clerk should notiIy all parties when the record has been transmitted to the District Court. 3 Call the court clerk periodically to see iI your case has been given to the District Court. When the case has been given to the District Court, contact the clerk oI the District Court that has your case and ask when your appellate brieI must be Iiled with the District Court. II you are unable Ior any reason to Iind out a speciIic date to Iile your appellate brieI, you must Iile it in the District Court within 30 days aIter your case has been given to the District Court. Check your local rules Ior your District Court regarding limitations on the length oI your brieI. Note: The District Court can reIuse to accept brieIs and simply decide your appeal on the record submitted. In writing your appellate brieI: 1. Do not argue disputed Iacts; and 2. Argue only mistakes oI law that make a diIIerence. The judge in your summary eviction hearing has the authority to decide Iactual issues. To argue any Iactual issue, the judge`s decision must be 'arbitrary and capricious or without any support. This standard is very diIIicult to meet, and the District Court judge gives great weight to the Iactual decisions oI the Justice Court judge.
From: zachcoughlinhotmail.com To: kstancilwashoecounty.us Subject: a stay Date: Thu, 24 Nov 2011 03:19:56 -0800 http://lawlibrary.nevadajudiciary.us/documents/landlordTenantForms0612/LandlordTenantFor ms31to36/AppealSummaryEvictionJusticeToDistrictCourt.pdI my $2275 was ruled the supersedeas bond, and retained by the court, yet the eviction was not stayed...rent was less than $1000, I am conIused. NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal Irom the judgment rendered. But an appeal by the deIendant shall not stay the execution oI the judgment, unless, within the 10 days, the deIendant shall execute and Iile with the court or justice the deIendant`s undertaking to the plaintiII, with two or more sureties, in an amount to be Iixed by the court or justice, but which shall not be less than twice the amount oI the judgment and costs, to the eIIect that, iI the judgment appealed Irom be aIIirmed or the appeal be dismissed, the appellant will pay the judgment and the cost oI appeal, the value oI the use and occupation oI the property, and damages justly accruing to the plaintiII during the pendency oI the appeal. Upon taking the appeal and Iiling the undertaking, all Iurther proceedings in the case shall be stayed. NRS 40.385 Stay oI execution upon appeal; duty oI tenant who retains possession oI premises to pay rent during stay. Upon an appeal Irom an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay oI execution may be obtained by Iiling with the trial court a bond in the amount oI $250 to cover the expected costs on appeal. In an action concerning a lease oI commercial property or any other property Ior which the monthly rent exceeds $1,000, the court may, upon its own motion or that oI a party, and upon a showing oI good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction oI the appellate court and irrevocably appoints the clerk oI that court as the surety`s agent upon whom papers aIIecting the surety`s liability upon the bond may be served. Liability oI a surety may be enIorced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession oI the premises that are the subject oI the appeal during the pendency oI the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. II the tenant Iails to pay such rent, the landlord may initiate new proceedings Ior a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. NJCRCP RULE73B.BONDSMISCELLANEOUS PROVISIONS
(a)Failure to File or InsuIIiciency oI bond.II a bond on appeal or a supersedeas bond is not Iiled within the time speciIied, the appeal will be subject to such sanctions as provided in Rule 76. II the bond Iiled is Iound insuIIicient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed , as may be fixed by the justice court. After the action is so docketed, application for leave to file a sufficient bond may be made only in the appellate court . As to Baker's argument that the alleged Iailure by Coughlin to speak over Judge SIerrazza's cursory denial oI even the thought oI a stay on 10/25/11: 'NJCRCP RULE 46. EXCEPTIONS UNNECESSARY Formal exceptions to rulings or orders oI the court are unnecessary; but Ior all purposes Ior which an exception has heretoIore been necessary it is suIIicient that a party, at the time the ruling or order oI the court is made or sought, makes known to the court the action which the party desires the court to take or the party`s objection to the action oI the court and the party`s grounds thereIor; and, iI a party has no opportunity to object to a ruling or order at the time it is made, the absence oI an objection does not thereaIter prejudice the party. Judge Flanagan's 3/30/12 Order clearly wrong where is reads, on page 5's Iootnote 5: ' Merliss sought a personal property lien Ior storage oI Coughlin's personal belongings in the Property...Coughlin Iiled a motion to contest the lien. On December 21, 2011, Judge SIerrazza ordered Coughlin to pay to Merliss $480.00 as "Iair and reasonable compensation" Ior Merliss's storage oI his personal belongings....also granted Coughlin access to the Property to remove his personal belongings by December 23, 2011 5:00 p.m. Coughlin Iailed to do so. As a result, Merliss hired a contractor to dispose oI Coughlin's personal belongings. Coughlin appealed.... As a preliminary matter, however this Court notes it is the issue of summary eviction and the 1udge Sferrazza's October 27, 2011 Order that presently concerns this Court....In addition, b ecause Coughlin failed to timely file his notice of appeal regarding the personal property lien, see NRS 40.253(8), and because Coughlin's notice of appeal fails to identify an error regarding the court's procedure in setting a hearing on this issue, this Court will no consider this issue.). Strangely, Judge Flanagan's Order Iails to include a date Ior the 'Notice oI Appeal Coughlin Iiled as to the 12/21/11 Order in 1708 ('b ecause Coughlin failed to timely file his notice of appeal regarding the personal property lien,), so its a bit hard to tell just how it was 'late or 'not timely). Clearly, Coughlin did Iile a timely Notice oI Appeal on 12/26/11 (as to the 12/21/11 Order in 1708). The RJC, curiously, Iailed to actually transmit the documents listed in the 'Appeal Receipt on page 2 oI the 3 page 1/4/12 Supplemental to Justice Court Proceedings it transmitted to the 2JDC, despite the 'CertiIicate oI Clerk (Tuttle's seal, Bonnie Cooper's signature) attesting that 'true and correct copies oI the documents listed on the 'Appeal Receipt were being enclosed therewith. Additionally, whether or not Coughlin. Its really not clear at all just what 'Notice oI Appeal Judge Flanagan is reIerring to when he writes: 'because Coughlin's notice of appeal fails to identify an error regarding the court's procedure in setting a hearing on this issue, this Court will no consider this issue." Coughlin did Iile another Notice oI Appeal as to the 12/21/11 Order on 2/1/12...however, that was never transmitted by the RJC to the 2JDC in any Supplemental...so...is that what Judge Flanagan is reIerring to? II so, how does he know about it (its not mentioned anywhere in any Iilingings in CV11-03628)? Extra-judicial or ex parte communciations? Further, Coughlin's 12/26/11 Notice oI Appeals oI the 12/21/11 Order certiainly does 'identiIy and error regarding the court's procedure in setting a hearing on this issue...but, regardless...whether or not Coughlin had done so, that is not the standard for whether or not an issue or Order shall be considered in the appellate court's ruling on an appeal. There were a multitude oI basis and issues Coughlin identiIied in his 12/26/11 Notice oI Appeal that presented basis Ior overturning that order (insuIIicient evidence, clearly erroneous, etc., etc.). NJCRCP 76B provides that: 'Appeal Irom formal eviction: Within 10 days of service of entry of order . ARS 4.38; Rule 73A(4). Fees: Payable upon Iiling notice oI appeal. Rule 74B(a)(1). Bond Ior costs: Filed with notice oI appeal. Rule 73. Bond, supersedeas: At or aIter time oI Iiling notice oI appeal. Stay is effective when bond filed. Rule 73A. Baker's own Answering BrieI admits that 1708 was not a 'Iormal eviction, and thereIore, NJCRP 73A(a)(4) does not apply. Baker's 2/24/12 Answering BrieI reads: 'III. STANDARD OF REVIEW: "A]n order granting summary eviction under NRS 40.253(6) should be reviewed on appeal based upon the standard for review of an order granting summary judgment under NRCP 56 because these proceedings are analogous.,,8. Anvui, LLC v G.L. Dragon, LLC, 123 Nev. 212,215,163 P.3d 405 (2007). "To successIully deIend against a summary judgment motion, the nonmoving party must transcend the pleadings and, by affidavit or other admissible evidence, introduce specific facts that show a genuine issue of material fact.'" Torrealba v. Kesmitis, 124 Nev. 95, 178 P.3d 716 (2008). A case appealed must not be tried a n ew." 1. A1CRCP 7A. Further, "a |lower court's| Iindings will not be disturbed on appeal unless they are clearly erroneous and are not based on substantial evidence." 11. Gibellini v. Klindt, 110 Nev. 1201, 1204,885 P.2d 540 (1994) (emphasis added). "The notice oI appeal shall speciIy the party or parties taking the appeal; shall designate the judgment, order or part thereoI appealed Irom ...,,12 NJCRCP 72( c). "Only those parts oI the judgment which are included in the notice oI appeal will be considered by the appellate Court. 13 Reno Newspapers, Inc. v. Bibb, 76 Nev. 332, 335, 353 P.2d 458 (1960). So (and Coughlin was jailed wrongIully Ior 5 days by Judge Nash Holmes during the time period to Iile a Reply BrieI to Baker's 2/24/12 Answering BrieI, shortly aIter Judge Nash Holmes told Coughlin 'II you say the name Richard G. Hill one more time you are going out oI here in cuIIs, do you understand me?. Judge Holmes ruled in her 3/12/12 Order that Coughlin continually sought to interject Hill's name into the record during the proceedings despite Hill having no connection thereto. However, Hill clearly did have a connection in that the traIIic citations were issued to Coughlin outside Hill's law oIIice, shortly aIter Hill and Coughlin both called the police, upon Hill reIusing to give Coughlin back his wallet, driver's license (some break by RPD Sargent Tarter not citing Coughlin Ior Iailing to have his driver's license on him, huh...Also Tarter testiIied that Coughlin 'didn't get the message.. and that he had only written one other traIIic citation in the previous year and 'normally 'give people a warning, but in the case oI someone like you who didn't get the message Tarter gave Coughlin outside Hill's oIIice. Tarter accused Coughlin oI Iailing to come to a complete stop at the intersection oI St. Laurence and Forrest Street during the trial, yet on the scene Tarter accused Coughlin oI being about to turn up Forrest St. to head back to Hill's law oIIice aIter Tarter told him to leave the area. Coughlin protested that he had no such intention oI returning to Hill's oIIice, and that, in Iact, Coughlin would been heading up the wrong way oI the one way street, Forrest, back to Hill's law oIIice at 652 Forrest St., where he to so proceed where Coughlin was travelling east on St. Laurence prior to coming to a complete stop at the intersection oI St. Laurence and Forrest St., shortly aIter passing a parked Sargent Tarter on the south side oI St. Laurence. Tarter indicated he started Iollowing Coughlin upon viewing, Irom his parked vanteage point, Coughlin Iailing to come to a complete stop at the intersection, but that's not true. One, Tarter's vehicle was parked to Iar away Irom that intersection to have any such viewpoint, and two, Tarter proceeded to begin Iollowing Coughlin immediately aIter Coughlin passed him, Tarter pulling out and beginning to Iollow Coughlin prior to Coughlin even getting to said intersection. Coughlin clearly remembers coming to a complete stop at said intersection and noting Sargent Tarter Iollowing directly behind him, worried that some police retaliation was aIoot and taking care to be extremely cautious to Iollow all rules oI the road. Regardless, Coughlin was well Iamilar with that intersection, having live Ior a couple years at 931 Forrest St., and always came to a complete stop there, and looked both ways, regardless oI the Iact that it was a one way street. Sargent Tarter was actually duplicitous enough at the trial to attempt to utilize an argument suggesting Coughlin as not telling the truth about coming to a complete stop and looking both ways in light oI Forrest being a one way street. This, despite, on the day oI the citation, Coughlin clearly indicating to Tarter on at least two occassions that Forrest is a one way street, and thereIore, it would be highly unlikely Coughlin was about to turn leIt onto Forrest, against oncoming traIIic, just to get back to Hill's oIIice, especially where Coughlin was well aware Tarter was Iollowing him at that point, and where Tarter had just told Coughlin to leave Hill's OIIice. Further connection between Hill and the 2/27/12 Trial resides in the Iact that Hill had the WCSO and RMC Marshals violate courthouse sanctuary rule on 2/27/12 in attempting to have Coughlin personally served, while in the courtroom with Judge Flanagan's Order to Show Cause oI 2/8/12, in the same appeal oI the same summary eviction Irom Coughlin's law oIIice that resulted in Coughlin's venturing to Hill's oIIice in the Iirst place on the day oI Tarter's citation (where Coughlin called ahead and told Hill that he was coming to pick up his keys, wallet, client's Iiles, and driver's license, immediately aIter being released Irom three days in jail incident to the criminal trespass arrest at Coughlin's Iormer home law oIIice where Hill signed the criminal complaint and lied to the RPD in order to eIIect a wrongIul arrest. So, it is clearly incorrect Ior Judge Nash Holmes to Iind any mention oI Hill during that 2/27/12 traIIic citation trial to be irrelevant enough to justiIy disbarring Coughlin and her entering an order, Iinding, by the 'clear and convicing evidence standard oI prooI language Irom SchaeIIer that bar counsel had Ied her earlier that day on the phone, that Coughlin violated a multitude oI Rules oI ProIessional Conduct. Its beyond shameIul what has gone on here. Its been a good old Iashioned Washoe County Gang Bang. The kind Reno is so well known Ior. Reno 911. Judges co-signing anything and everything members oI local law enIorcement Ieel like doing. And those members oI law enIorcement know it, and bank on it, and it results in a lower and lower standard oI conduct being perpetuated year aIter year. Baker's 2/24/12 Answering BrieI reads: 'III. STANDARD OF REVIEW: "A]n order granting summary eviction under NRS 40.253(6) should be reviewed on appeal based upon the standard for review of an order granting summary judgment under NRCP 56 because these proceedings are analogous. 8. Anvui, LLC v G.L. Dragon, LLC, 123 Nev. 212, 215, 163 P.3d 405 (2007). "To successIully deIend against a summary judgment motion, the nonmoving party must transcend the pleadings and, by affidavit or other admissible evidence, introduce specific facts that show a genuine issue of material fact.'" Torrealba v. Kesmitis, 124 Nev. 95, 178 P.3d 716 (2008). A case appealed must not be tried a n ew." 1. A1CRCP 7A. Further, "a |lower court's| Iindings will not be disturbed on appeal unless they are clearly erroneous and are not based on substantial evidence." 11. Gibellini v. Klindt, 110 Nev. 1201, 1204,885 P.2d 540 (1994) (emphasis added). "The notice oI appeal shall speciIy the party or parties taking the appeal; shall designate the judgment, order or part thereoI appealed Irom ...,,12 NJCRCP 72( c). "Only those parts oI the judgment which are included in the notice oI appeal will be considered by the appellate Court. 13 Reno Newspapers, Inc. v. Bibb, 76 Nev. 332, 335, 353 P.2d 458 (1960). Baker purposeIully miscited to Gibellini even where he cited to Anvui. 233k287. Actions for unlawful detainer.... 233k291(18) Review 233k293. Summary proceedings. 233K302 jurisdiction in summary proceedings, 233K311. -- Warrant to dispossess, and execution thereof. 52B C.J.S. Landlord & Tenant 1576: 'XII. Reentry and Recovery oI Possession by Landlord C. Statutory Dispossession Proceedings; Summary Proceedings 7. Appellate Review 1576. Standard of review West's Key Number Digest, Landlord and Tenant 233k291(18), 315(1), 315(3). A decision oI the trial court in a summary dispossession proceeding may be reviewed Ior abuse oI discretion, but under some statutes, a de novo review is conducted. The reviewing court will give weight to the opinion oI the trial court(FN I| and will not disturb an exercise oI discretion by the trial court in the absence oI an abuse oI the court's discretion.| FN2| The appellate court will indulge in reasonable presumptions in support oI the Iindings oI the trial court on conIlicting evidence|FN3| and in support oI the judgment appealed Irom.|FN4| Under some statutes, however, dispossession proceedings are triable de novo on appea1.| FN5) Where there is a trial de novo, the appellate court should consider the Iacts oI the case (FN6| and render a proper judgment.|FN7| Whether the unlawIul detainer notice requirement is calculated in accordance with the timing provisions oI the civil rules is a matter oI statutory interpretation to be reviewed de novo.|FN8| An order granting a summary eviction under a lease providing Ior periodic rent reserved by the month, or any shorter period, should be reviewed on appeal based upon the standard oI review Ior an order granting summary judgment, which is de novo review, because such proceedings are analogous.(FN9) |FNl | N.Y.-Metropolitan LiIe Ins. Co. v. Carroll, 43 Misc. 2d 639, 251 N.Y.S.2d 693 (App. Term 1964). |FN2| CaL-Whipple v. Haberle, 223 Cal. App. 2d 477, 36 Cal. Rptr. 9 (5th Dis!. 1963). Reviewing decision regarding issuance oI a protective order D.C.-Graham v. Lanier Associates, 19 A.3d 361 (D.C. 2011). Plenary review oI suIIiciency oI notice to quit Conn.-Bayer v. Showmotion, Inc., 292 Conn. 381,973 A.2d 1229 (2009). |FN3| Ala.-Hyde v. Isbell, 254 Ala. 373,48 So. 2d 465 (1950). IlL-Woodson v. Benson, 330 IiI. App. 248, 70 N.E.2d 742 (1st Dis!. 1947). |FN4|IlI.-Mitchell v. Tyler, 332 III. App. 577, 76 N.E.2d 237 (1st Dis!. 1947). Mass.-Staples v. Collins, 321 Mass. 449, 73 N.E.2d 729 (1947). |FN5| Ala.-Hyde v. Isbell, 254 Ala. 373,48 So. 2d 465 (1950). Mo.-Conley v. Dee, 246 S.W.2d 385 (Mo. Ct. App. 1952). |FN6) Ariz.-Olds Bros. Lumber Co. v. Rushing, 64 Ariz. 199,167 P.2d 394 (1946). |FN7| Ariz.-Olds Bros. Lumber Co. v. Rushing, 64 Ariz. 199, 167 P.2d 394 (1946). Mo.-Conley v. Dee, 246 S.W.2d 385 (Mo. C!. App. 1952). |FN8| Wash.-Christensen v. Ellsworth, 162 Wash. 2d 365, 173 P.3d 228 (2007). |FN9| Nev.-Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212,163 P.3d 405 (2007). 52B C.J.S. Landlord & Tenant 1576: 'XII. Reentry and Recovery oI Possession by Landlord C. Statutory Dispossession Proceedings; Summary Proceedings 7. Appellate Review 1576. Standard of review West's Key Number Digest, Landlord and Tenant 233k291(18), 315(1), 315(3). Under some statutes, however, dispossession proceedings are triable de novo on appea1. Ala.-Hyde v. Isbell, 254 Ala. 373,48 So. 2d 465 (1950). Mo.-Conley v. Dee, 246 S.W.2d 385 (Mo. Ct. App. 1952). Where there is a trial de novo, the appellate court should consider the Iacts oI the case . Ariz.-Olds Bros. Lumber Co. v. Rushing, 64 Ariz. 199,167 P.2d 394 (1946).| and render a proper judgment. Ariz.-Olds Bros. Lumber Co. v. Rushing, 64 Ariz. 199, 167 P.2d 394 (1946). Mo.-Conley v. Dee, 246 S.W.2d 385 (Mo. C!. App. 1952). Whether the unlawIul detainer notice requirement is calculated in accordance with the timing provisions oI the civil rules is a matter oI statutory interpretation to be reviewed de novo. Wash.-Christensen v. Ellsworth, 162 Wash. 2d 365, 173 P.3d 228 (2007). An order granting a summary eviction under a lease providing Ior periodic rent reserved by the month, or any shorter period, should be reviewed on appeal based upon the standard oI review Ior an order granting summary judgment, which is de novo review, because such proceedings are analogous. Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212, 163 P.3d 405 (2007). |FNl | N.Y.-Metropolitan LiIe Ins. Co. v. Carroll, 43 Misc. 2d 639, 251 N.Y.S.2d 693 (App. Term 1964). |FN2| CaL-Whipple v. Haberle, 223 Cal. App. 2d 477, 36 Cal. Rptr. 9 (5th Dis!. 1963). Reviewing decision regarding issuance oI a protective order D.C.-Graham v. Lanier Associates, 19 A.3d 361 (D.C. 2011). Plenary review oI suIIiciency oI notice to quit Conn.-Bayer v. Showmotion, Inc., 292 Conn. 381,973 A.2d 1229 (2009). |FN3| Ala.-Hyde v. Isbell, 254 Ala. 373,48 So. 2d 465 (1950). IlL-Woodson v. Benson, 330 IiI. App. 248, 70 N.E.2d 742 (1st Dis!. 1947). |FN4|IlI.-Mitchell v. Tyler, 332 III. App. 577, 76 N.E.2d 237 (1st Dis!. 1947). Mass.-Staples v. Collins, 321 Mass. 449, 73 N.E.2d 729 (1947). |FN5| |FN6) |FN7| . |FN8| . |FN9| Nev.- A review oI Judge Flanagan's 3/30/12 Order and Bakers 2/24/12 Answering BrieI reveal the extent to which Judge Flanagan, willing or not, was led down a clearly erroneous path by Baker and his purposeIully misstatements oI the law, especially as to the 'Standard of Review applicable to an appeal oI a 'summary eviction. Flanagan writes: ~Standard of Review On civil appeals Irom justice courts to district courts, a case "must not be tried anew.' NJCRCP 72(c). Whether on appeal at the Nevada Supreme Court Irom a district court, or appeal at a district court Irom a justice court, a lower court's Iindings "will not be disturbed on appeal unless they are clearly erroneous and are not based on substantial evidence." Gibellini v Klindt, 110 Nev. 1201, 1204,885 P.2d 540, 542 (1994). "|A|n order granting summary eviction under NRS 40.253(6) should be reviewed on appeal based upon the standard Ior review oI an order granting summary judgment under NRC 56 because these proceedings are analogous." Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212 215, 163 P.3d 405, 407 (2007). Summary judgment is proper only iI no genuine issue oI material Iact exists and the moving party is entitled to judgment as a matter oI law. NEV. R. CIV P. 56(c); see Wood v. SaIeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). The moving party bears the initial burden oI proving there is no genuine issue oI material Iact. Main v. Stewart, 109 Nev. 721, 726-27, 857 P.2d 755, 758 (1993). Once the moving party satisIies this burden, however, the burden shiIts to the nonmoving party to show the existence oI a genuine issue oI material Iact. Id. at 727. While the pleading and the record must be construed in the light most Iavorable to the nonmoving party, the party must do more than simply show there is some metaphysical doubt as to the operative Iacts Wood, 121 Nev. at 729. To avoid having summary judgment entered against it, the party must (page 5) by aIIidavit or otherwise, set Iorth speciIic Iacts demonstrating the existence oI a genuine issue Ior trial. Id. Legal Analysis This Court has reviewed all oI the parties' pleadings and the exhibits attached thereto This Court also has considered all oI the parties' relevant arguments. AIter this review and consideration, this Court will not disturb Judge SIerrazza's October 27, 2011 Order granting summary eviction. This Court Iinds that Order was based on substantial evidence and it was no clearly erroneous. Thus, this Court concludes Merliss has met his initial buraen of proving there is no genuine issue of material fact regaraing whether Coughlin was summarily evictea properly. Consequently, the burden shiIts to Coughlin to show the existence oI a genuine issue oI material Iact. Although Coughlin raises several claims and makes numerous allegations in his BrieI Coughlin fails to present additional facts related to his defenses raised in R1C that undermine or legitimately call into question the substantial evidence upon which 1udge Sferrazza relied when he granted summary eviction. This Court gives substantial deference to the lower court's factual findings in this regard, particularly in light of the numerous hearings hela before Juage Sferra::a ana Coughlins relatea opportunities to present eviaence supporting his various aefenses. ThereIore, this Court finds no genuine issue of material fact exists regarding whether Coughlin was summarily evicted properly in the lower court. As a result, Coughlin's appeal is DENIED.
It is entirely unclear why Judge Flanagan's Order indicates:
'~Standard of Review On civil appeals Irom justice courts to district courts, a case "must not be tried anew.' NJCRCP 72(c)... when a review oI JNCRCP 72(c) reveals no such authority. Rather NJCRCP 72(c) reads: '(c)Content oI the Notice oI Appeal.The notice oI appeal shall speciIy the party or parties taking the appeal; shall designate the judgment, order or part thereoI appealed Irom; and shall name the court to which the appeal is taken. Perhaps Judge Flanagan intended to cite to NJCRCP RULE 76A.POWERS OF DISTRICT COURT ON APPEAL. A case appealed must not be tried anew. Upon an appeal heard upon the record or a statement oI the case, the district court may review all orders aIIecting the judgment appealed from and may set aside, or conIirm, or modiIy, any or all oI the proceedings subsequent to and dependent upon such judgment, and may, iI necessary or proper, order a new trial. However, it was not a 'judgment that Coughlin appeal (particulary where Judge SIerrazza ruled that the 10/25/11 date was not a 'Trial but, rather, a 'continuation oI a summary eviction proceeding (he made numerous contradictory rulings in that regard, but the the 10/25/11 'Eviction Decision and Order has one title, and the 10/27/11 FOFCOL and Order oI Summary Eviction certainly indicates NJCRCP 109 did not actually come into play. Regardless, Baker, Coughlin, and Judge Flanagan all cite to Anvui in the Order and their BrieIs...and Anvui makes extremely clear that appeals oI summary eviction are reviewed 'de novo, which means 'tried anew, so Judge Flanagan's invocation oI some rule holding that civil appeals Irom justice courts to district courts, a case "must not be tried anew is clearly erroneous. In his 2/24/12 Answering BrieI, Baker writes: 'RESPONDENT'S ANSWERING BRIEF Respondent, MATT MERLISS ("MERLISS"), by and through his counsel, RICHARD G. HILL, LTD. and CASEY D. BAKER, ESQ., submits his Answering BrieI. I. STATEMENT OF THE ISSUES: The only issue in this appeal is whether the Reno Justice Court erred in granting a summary eviction oI appellant, ZACHARY COUGHLIN ("COUGHLIN") by its Findings oI Fact, Conclusions oI Law, and Order Ior Summary Eviction ("FFCL&O") dated December 27,201.2. See Record on Appeal ("ROA") at Vol. II, pp. 75-80. EXHIBIT 1 hereto. II. STATEMENT OF THE CASE: Although Coughlin has muddied the record to a spectacular degree with his abusive Iilings, at its core, this is a simple no-cause residential summary eviction case. The pertinent Iacts are as Iollows: The underlying Iacts oI the eviction are set Iorth in the FFCL&O. The statutory notices and other documentary evidence the court relied on in making its Iindings oI Iact can be Iound at ROA, Vol. V, pp. 85-89; 90-94; 95-109; 113-128. EXHIBITS 2,3,4 and 5 hereto. The Standard Rental Agreement ("LEASE") Ior the home at 121 River Rock, Reno, Nevada (the "PROPERTY") can be Iound at ROA, Vol. V, pp 129-132. EXHIBIT 6 hereto. Those Iacts were established during two evidentiary hearings, in which Coughlin Iully participated. The Iirst hearing was on October 13, 2011, and lasted 90 minutes. A continuation oIthat hearing occurred on October 25, 2011, and lasted several hours. l The purpose oIthose hearings was to "determine the truthIulness and suIIiciency oIthe tenant's and the landlord's aIIidavits," to determine whether there is any "legal deIense as to the alleged unlawIul detainer," and whether "the tenant is guilty oIan unlawIul detainer".2 Those hearings were Coughlin's opportunity to substantiate, by competent evidence, any legal deIense he may have had to the eviction. The only deIenses raised by Coughlin below were based on what he claimed was "retaliatory" conduct by Merliss, and "habitability" issues at the property. Both deIenses were based on provisions oINRS Chapter lISA.3 At the Iirst hearing, Coughlin alleged his deIenses, but did not oIIer any evidence to support them. Judge SIerrazza could have granted an eviction aIter that hearing, but .chose instead to allow Coughlin another opportunity to substantiate his allegations.4 Since Coughlin's deIenses were based on alleged "habitability" issues, the court required him to deposit, pursuant to NRS 40.355(5), the amount oIrent Coughlin claimed he had withheld Ior those reasons, beIore he would be allowed to substantiate them with evidence.s Coughlin ultimately Iailed to raise any material Iactual dispute, and the court properly granted the eviction. The lockout was perIormed on November I, 2011. Coughlin Iiled his Iirst notice oIappeal on November 3, 2011.6 On November 13,2011, Coughlin was Iound living in the basement oI the property, and was arrested.7 Coughlin continues to Iile additional papers in both courts, wherein he attempts to raise new arguments he never raised below. III. STANDARD OF REVIEW: "|A|n order granting summary eviction under NRS 40.253(6) should be reviewed on appeal based upon the standard Ior review oI an order granting summary judgment under NRCP 56 because these proceedings are analogous.,,8 "To successIully deIend against a summary judgment motion, the nonmoving party must transcend the pleadings and, by aIIidavit or other admissible evidence, introduce speciIic Iacts that show a genuine issue oImaterial Iact.'"A case appealed must not be tried a new."IO Further, "a |lower court's| Iindings will not be disturbed on appeal unless they are clearly erroneous and are not based on substantial evidence."J 1 "The notice oIappeal shall speciIy the party or parties taking the appeal; shall designate the judgment, order or part thereoI appealed Irom ...,,12 "Only those parts oI the judgment which are included in the notice oI appeal will be considered by the appellate Cuurt.,,!3 IV. ARGUMENT: Despite having Iiled more than 50 pages in two brieIs, Coughlin Iails to articulate or coherently analyze what he claims to be errors by the justice court. 14 He does not make so much as a single citation to the ROA, and his Iailure in this regard is sanctionable.15 The Court and Merliss are unIairly leIt to speculate as to the bases Ior his appeal. 16 The incoherency oI Coughlin's brieIs makes that task nearly impossible. This diIIiculty is compounded by Coughlin's reIusal to pay Ior a transcript oIthe proceedings below. 17 On or about February 8, 2012, Coughlin attempted to supplement his opening brieI with a CD that supposedly contained the audio recordings oIthe hearings below. Not only was this an improper attempt by Coughlin to circumvent the record on appeal, the CD delivered to the undersigned's oIIice was so badly damaged, that it would not be opened, even by counsel's IT proIessional. Because oICoughlin's transgressions, Merliss has been deprived oIthe ability to accurately cite to the hearing below. As best Merliss can tell, Coughlin alleges the Iollowing errors: 1. Judge SIerrazza mistakenly called the October 25, 2012 hearing a "trial" and required Coughlin to deposit the withheld rent with the court Summary eviction hearings are conducted pursuant to NRS 40.253(6). "Formal" eviction proceedings are conducted pursuant to NRS 40.290 through NRS 40.420. "Formal" eviction proceedings contemplate the Iiling oI a complaint, an answer, conducting discovery, and a Iormal "trial.,,18 They can include claims Ior damages by both sides. "Formal" evictions can either be initiated by the landlord in the Iirst instance, or, where a summary eviction has been commenced, and the tenant establishes a legal deIense at the hearing, the court must then order the parties to proceed under those statutes.19 When Judge SIerrazza continued the October 13,2011 hearing, he misspoke and called the second hearing a "trial." That same word, "trial," was entered into the court's order.20 Coughlin has seized J.lpon the word "trial" to argue that he should have been aIIorded some Iurther procedural protections oI the "Iormal" eviction proceedings (mainly, delay). This argument is nonsense.21 The only way the court could have ordered the parties to proceed with a "Iormal" eviction is int Iound that Coughlin had raised a legal deIense to the summary eviction.22 Here, it Iound the opposite. In ruling Irom the bench, the court explained more than once that the purpose oIthe October 25, 2011 proceeding was to allow Coughlin another opportunity to substantiate the deIenses he had alleged at the Iirst hearing, because he had not yet done SO.23 The court's order reIlects this, in that it required Coughlin to deposit the withheld rent iIhe (Coughlin) wished to have another opportunity to prove up his habitability deIenses. II he Iailed to post the rent, the eviction would be granted, because he had not established a legal deIense as required by NRS 40.253(6). The court's inadvertent use oIthe word "trial" did not somehow take the case out oI the summary proceedings, nor could it have, and any argument that it did exalts Iorm over substance and ignores the clear purpose oIthe order.24 Coughlin knew the October 25,2011 hearing was merely a continuation oIthe Iirst hearing. He knew that there had not been any Iormal complaint Iiled. There is not one in the record. He recognized, and argued repeatedly, that all he had to do to deIeat the summary eviction was establish a material Iactual dispute Ior trial. In Iact, he argues as much in the "statement oIIacts and law" he purports to incorporate in his Iirst notice oI appea1.25 Coughlin did not explain how he could have possibly been prejudiced by the court's misstatement, so it is oI no consequence. As to the rent deposit, NRS 118A.355 speciIically provides that "|a| tenant does not have a deIense to an eviction under paragraph (d) oIsubsection 1 unless the tenant has deposited the withheld rentinto an escrow account pursuant to this subsection." Coughlin was attempting to set up a deIense based on "habitability".26 He had withheld rent in the process, while purporting to invoke that statute.27 Even though the eviction proceeding was Ior "no-cause," and not expressly based on Coughlin's Iailure to pay rent, the court was correct to require him to deposit what he claimed he had withheld, in order to proceed with his deIense. The statute is plain on its Iace, and makes logical sense, as well. II Coughlin did not have the rent, and Iailed to prove his case, the court has, in eIIect, improperly enjoined the landlord's use oI his property. In any event, the October 13,2011 order was not an appealable order under NJCRCP 72A. For that reason, it is not properly at issue here. Itis also moot, since the court eventually returned Coughlin's deposit to him, as discussed Iurther, below. 2. Not Iinding any ambiguity in the lease regarding "weeds" One "habitability" item alleged by Coughlin was that weeds were growing in the yard. The court Iound that maintenance oI the surrounding grounds, including any weeds, were Coughlin's responsibility under paragraph 22 oI the Lease.28 That paragraph provides in part that "Tenant will irrigate and maintain any surrounding grounds, including lawns and shrubbery, iI they are Ior the Tenant's exclusive use."29 Itis undisputed that the yard at the property was Ior Coughlin's exclusive use. The Lease is unambiguous, and the court's Iinding was correct. Moreover, "weeds" do not constitute a "habitability" issue under NRS 118A.290, in any event, and Coughlin never presented any evidence that they did, or that he complied with the statutory protocol Ior withholding, or had any right to withhold, any rent Ior that, or any other alleged "habitability" issue.3o 3. Granting a no-cause summary eviction against a "commercial" tenant Coughlin now argues that he was a "commercial" tenant, and thereIore not subject to summary eviction. He Iirst raised this argument in his "opposition to motion Ior order to show cause," which he Iiled on December 5, 2011, six weeks aIter the eviction was granted?1 Merliss addressed it in his reply Iiled the Iollowing day.32 First, Coughlin has the law wrong. Summary evictions are available against a tenant oI any property that is subject to NRS Chapter 11SA, which Merliss' property unquestionably was.33 Second, Coughlin aIIirmatively waived any argument that NRS Chapter lI8A does not apply by basing his entire deIense (retaliation/habitability) on what he alleged were violations oI that chapter.34 Moreover, because the court adopted Coughlin's position and ruled on that basis, he is judicially estopped Irom changing his theory now.35 Additionally, since Coughlin never timely raised the argument below, it cannot Iorm the basis Ior any relieI on appeal.36 In any event, Coughlin has not cited to anywhere in the ROA that would support this new argument, and neither this Court nor the court below are or were obligated to siIt through the record in search oIsome Iact which might support his claim.37 Finally, even iI Coughlin were running one or more unlicensed businesses out oIt he property, he does not explain how that would take this matter out oINRS Chapter l18A. 4. Not holding a hearing on Coughlin's motion to contest personal property lien within 10 The FFCL&O was entered on October 27, 2011. Coughlin's Iirst notice oIappeal was Iiled on November 3,2011. Coughlin Iiled his Iirst motion to contest persona| property lien on November 16,2011.38 NRS 40.253(8) provides that a hearing on that motion must be set within 10 days aIter the motion is Iiled. However, Coughlin reIused to cooperate with court staII to set the hearing he requested, so it did not take place within 10 days.39 Then, on November 23, 2011, Coughlin inexplicably Iiled another notice oIappea1.4o What is important Ior this court's purposes is that neither notice oIappeal identiIies any perceived error regarding the court's procedure in setting a hearing on that collateral matter. Nor is such an "issue" appealable under NJCRCP 72A. As such, this "issue" is inappropriate Ior the court's consideration here.41 5. Not granting Coughlin a stay Coughlin was granted in Iorma pauperis ("IFP") status by the Reno Justice Court on October 6, 2011.42 IFPstatus only applies to the trial level oI litigation, not to appeals. 43 Accordingly, iI he wished to stay the enIorcement oI the FFCL&O and stop the lockout, he was required to post a supersedeas bond, and obtain an order granting a stay, beIore the lockout occurred. As to the bond requirement, since this case was not a "Iormal" eviction, NJCRCP 73A(a)(1) (4) do not apply. Instead, this case Ialls underthe "catchall" provision at the end oI subsection (a) oI that Rule, which provides in pertinent part "In cases not provided Iorin (1), (2), (3) or (4) above, the giving oIan appeal bond, under the provisions oI Rule 73, shall stay proceedings in the court below upon the judgment or order appealed Irom ... except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.,,44 NJCRCP 73 provides that "The bond or equivalent security shall be in the sum or value oI $250 unless the justice court Iixes a diIIerent amount." (Emphasis added). NRS 40.385(1) provides that a stay may be obtained by posting a bond in the amount oI $250.00 with the trial court. Coughlin deposited $2,275 with the court pursuant to NRS 1 18A.355 and the court's order oIOctober 13,2011. He orally moved the court Ior a stay oIthe eviction at the end oIthe October 25, 2011 hearing, but did not cite any authority Ior his request. Accordingly, that motion was denied.45 Thus, although the court ordered that Coughlin's deposit would serve as his appeal bond, it denied a stay because Coughlin did not provide the court with any basis to grant one, as was his legal responsibility. Then, at Coughlin's speciIic request, the court held an emergency hearing on November 7,2011, where it amended the FFCL&O and returned all sums on deposit to Coughlin, as he was clamoring. The court then set the supersedeas bond at $2,700.00, as it was entitled to do.46 Coughlin now argues that he should have been granted a stay oIthe eviction because he had Iunds on deposit with the court at the time oI the lockout. Even iI he would have been entitled to that relieI, that position is inconsistent with his prior demands that all oI his deposit be returned to him, and he is judicially estopped Irom arguing it now.47 IICoughlin wanted to apply those Iunds to a super-sedeas bond under JCRCP 73A or NRS 40.385, he should have either made that request at the October 25, 2011 hearing when the eviction was announced, or sometime between that hearing and the lockout a week later. He never did so. In Iact, he did just the opposite. When Coughlin Iiled his "motion Ior stay'~48 on October 31,2011, in which he demanded his deposit back49, the lockout had not even occurred. That conIirms that Coughlin had no intention oIposting a bond. or applying those Iunds in order to obtain a stay. He cannot be heard to argue otherwise now. Then, aIter he received his deposit back, he did not deposit any additional Iunds with the court until on or about December 8, 2011 when he Iinally paid the Iiling Ieeto perIect his appeal. ThereaIter, on December 14,2011, he posted $250.00 Ior his appeal bond, and $1.00 Ior his "supersedeas bond" (which sums he has subsequently moved to have returned to him).50 By then, his request Ior a stay had been moot Ior approximately six weeks. 6. SheriII's removal oItenant "within 24 hours oIreceipt oIthe Order." Coughlin tries to imply some sort oI wrongdoing in relation to the lockout in this case on page 1 oIhis second opening brieI. But he does not inIorm the court to which "order" he is reIerring that provided Ior a lockout "within 24 hours," or what, exactly, his argument is. 51 In this case, the court announced the eviction at the hearing on October 25, 2011.52 That eviction was not eIIective until aIter 5 :00 p.m. on October 31, 2011, six days later. This was conIirmed in the FFCL&O signed by the court on October 27,2011. Coughlin was locked out on November 1,2011. This "argument" is Irivolous, unsupporte , nonsenslca ,an cannot 10rm t e aSls lOr any re Ie ere. 7. The trial Court's Application oINRS 118A.490 Coughlin complains that it was reversible error Ior the "trial court" to apply NRS 118A.490. He does not cite to anywhere in the ROA to support his allegation that that statute was ever applied by the court.53 In Iact, it never was. The justice court applied NRS 118A.355(5). This "argument" is oI no moment. 8. The Security Deposit. Coughlin alleges that Merliss has not returned or accounted Ior the security deposit under the Lease. He has not cited to anywhere in the ROA to substantiate that allegation. 54 He does not explain how the security deposit has anything to do with the underlying no-cause eviction, or how the lower court erred in relation to it.55 Coughlin wants to discuss what he thinks is a claim Ior damages, but neither this Court nor the court below have or had jurisdiction to even consider the matter. 56 V. CONCLUSION: Despite two opportunities to do so, Coughlin Iailed to meet his burden below to introduce, by aIIidavit or other admissible evidence, speciIic Iacts that show a genuine issue oI material Iact. As such, the justice court properly granted the summary eviction based on the evidence beIore it; namely, the Lease, the statutory notices served by Merliss, and the testimony adduced at the hearings. Coughlin has not met his burden here to show that any oIthe court's Iindings were clearly erroneous and not based on substantial evidence. The "arguments" he presents in his brieIs are nonsensical, and,. Ior the most part, untimely, not properly preserved or beIore this court, and derived Irom unappealable activity below. None oI Coughlin's arguments are supported by any citation to the record. As such, he has not given this court any evidentiary or legal basis to overturn any ruling by the lower court. What Coughlin really wants to do is relitigate the case here, which is not permitted. Coughlin is not entitled to any relieI, and his appeal must be dismissed. WHEREFORE, Merliss prays that Coughlin take nothing by way oI his appeal; that same be dismissed in its entirety; and that the judgment oI the lower court, including its order oI December 27, 2011, be aIIirmed; that Merliss be awarded his Iees and costs oI this appeal in accordance with NRS 69.050; that Coughlin be held in contempt oI court as prayed Ior in Merliss' motion Ior order to show cause, Iiled herein on January 20, 2012; and Ior such other, Iurther and additional relieIas seems just to the court in the premises. /s/ Casey D. Baker 2/24/12 ENDNOTES 1.See FFCL&O at 1 2.NRS 40.253(6). FFCL&O at 4, ,3. 3.See FFCL&O at 3,,9 et seq. See, also, ROA, Vol. I, pp. 238-266; ROA, Vol. V, pp. 194-198. 4.NRS 40.253(6). 5.ROA, Vol.l, p. 153. 6.. ROA Vol. III, pp. 229-233. 7 ROA, Vol. III, pp. 18-33. 7.Anvui, LLC v G.L. Dragon, LLC, 123 Nev. 212,215,163 P.3d 405 (2007). 8.Torrealba v. Kesmitis, 124 Nev. 95, 178 P.3d 716 (2008). 9.NJCRCP 76A. 10.Gibellini v. Klindt, 110 Nev. 1201, 1204,885 P.2d 540 (1994) (emphasis added). 11.NJCRCP 72( c). 12.Reno Newspapers, Inc. v. Bibb, 76 Nev. 332, 335, 353 P.2d 458 (1960). 14.Please see Merliss' counter-motion to strike excess pages, Iiled herein on February 9,2012. II the court is going to consider anything beyond the Iirst Iive pages Iiled by Coughlin, Merliss speciIically requests leave to Iile a supplemental brieIto meet those arguments. 15. See NRAP 28(a)(8) and (e). See also, Weddell v. Stewart, 127 Nev. Adv. Op. 58,261 P.3d 1080, 1084 (Sept. 29,2011) (" ...it is imperative that the parties Iollow the applicable procedural rules and that they comply in a timely Iashion with |the court's| directives."); and Smith v. Emery, 109 Nev. 737, 743, 856 P.2d 1386 (1993). 13.CI., Schuck v. Signature Flight Support oINevada, Inc., 126 Nev. (Adv.Op. 42),245 P.3d 542,544-545 (Nov. 4, 2010) (the court is "not obligated to wade through and search the entire record Ior some speciIic Iacts which might support the nonmoving party's claim.") CI., NJCRCP 74(b). 18.Id 19 See NRS 40.253(6). 1.ROA, Vol. I, p. 153. 2.21. 3.See, NJCRCP 104 ("Prior to the holding oI a hearing Ior summary eviction, the justice shall determine the method oI service oInotice oI the hearing on both parties.") 4.22. 5.NRS 40.253(6). 6.23. 7.Coughlin's unexplained and unexcused reIusal to pay Ior a transcript makes it impossible to cite Judge SIerrazza's statements with precision. 8.24. 9.Accord, Lee v. GNLV Corp., 116 Nev. 424,427,996 P.2d 416 (2000) (the important inquiry is on "what the order or judgment actually does, not on what it is called.")(emphasis in original). 10.25. 11.ROA, Vol. III, pp. 230-233. 12.26. 13.NRS 118A.355(l)(d). ROA, Vol. I, pp. 238-266. 14.27. Id. 15.28. 16.See FFLC&O at ~'11-11.1. 17.29. 18.EXHIBIT 6 at 2, ,22. 19.30. FFCL&O at '~12-12.l. 20.31. 21.ROA, Vol. IV, pp. 253-261. 22.32. 23.See, "Supplemental Justice Court Appeal Proceedings," at 2, Iiled herein on January 4, 2012. Merliss' reply is identiIied as item number 4. For reasons unknown, copies oIthose documents were not made available to Merliss through the court's electronic Iiling system. 24.33. 25.NRS 40.254. 26.34. 27.See FFCL&O beginning at ,9. See, also, ROA, Vol. I, pp. 238-266. 28.35. 29.Marcuse v. Del Webb Communities, 123Nev. 278, 163 P.3d 462 (2007). 30.36. 31.Schuck. The lower court recognized as much at the December 20,2011 hearing on Coughlin's motion to contest personal property lien. For that hearing, Merliss had subpoenaed Darlene Sharpe, the real estate agent who had Iacilitated the rental oIthe property to Coughlin, to testiIy in the event the court was going to allow Coughlin to belatedly argue this issue. ROA, Vol. VI, p.183. At that hearing, Judge SIerrazza appropriately recognized that Coughlin was improperly attempting to relitigate the eviction based on previously unraised arguments, and did not let the parties address or present any evidence on the matter. Ms. Sharpe was prepared to testiIy that (1) Coughlin never mentioned that he was an attorney, or that he had either a "law practice" or a "mattress business," 32.(2) that Coughlin had represented himselI on his rental application as a "selI-employed researcher," and (3) that Coughlin had surreptitiously altered the lease to allow Ior "commercial" use oI the property. See, Reply in Support oI Motion Ior Order to Show Cause, identiIied as item number 4 in the Supplemental Justice Court Appeal Proceedings, Iiled herein on January 4, 2012. 33.37. Schuck. 34.38. 35.ROA, Vol. III, pp. 153-160. 36.39. 37.ROA, Vol. IV, pp.2, 22-23. 38.40. 39.ROA, Vol. III, p. 5. 40.41. Reno Newspapers, Inc. 41.42. ROA, Vol. I, pp. 274-275. 42.43 NRS 12:015. Casper v. Huber, 85 Nev. 474,456 P.2d 436 (1969). 43.44 NJCRCP 73A(a). 44.45 ROA, Vol. II, pp. 85,2. 45.46. ROA, Vol III, pp. 218-219; Vol. II, pp. 4,27. 46.46. ROA, Vol III, pp. 218-219; Vol. II, pp. 4,27. 47. Marcuse. 48. ROA, Vol. II, p. 3. 49. ROA, Vol. II, pp. 4, 27 50. ROA, Vol. IV, pp. 210-211. 51. CI., Schuck. 52. ROA, Vol. II, p. 85. 53. CI., Schuck 54. CI., Schuck. 55. CI., Gibellini. 56. NJCRCP 76A, Reno Newspaper, Inc.; NRS 40.253(6). 'NJCRCP RULE76B.TIMETABLE GOVERNING APPEALS FROM JUSTICE COURTS Appeal, civil: Within 20 days oI service oI written notice oI entry oI judgment or order appealed Irom. Rule 72B(a).
Enlargement oI time Ior appeals: Time Ior taking appeal may be enlarged by timely motion Ior: (1)Judgment under Rule 50(b). (2)Additional or amended findings of fact under Rule 52(b). (3)Altering or amending judgment under Rule 59. (4)New trial under Rule 59. The time Ior taking appeal commences anew upon entry oI an order granting or denying any oI the above motions. Rule 72B(b).
Appeal Irom Iormal eviction: Within 10 days oI service oI entry oI order. NRS 40.380; Rule 73A(4).
Fees: Payable upon Iiling notice oI appeal. Rule 74B(a)(1).
Bond Ior costs: Filed with notice oI appeal. Rule 73.
Bond, supersedeas: At or aIter time oI Iiling notice oI appeal. Stay is eIIective when bond Iiled. Rule 73A.
Transcript oI proceedings: Appellant must order within 10 days oI notice oI appeal. Transcript must be prepared by reporter within 30 days aIter receipt oI Iorm letter Irom clerk, except 30-day extension may be granted. Rule 74(b)(1).
Transmission and docketing oI record on appeal: Within 30 days aIter perIection oI appeal, unless shortened or extended. Where multiple appeals are taken, within 30 days aIter perIection oI the Iinal appeal. Rule 74A(a).
Enlargement or shortening oI time Ior transmission and docketing record on appeal: Time may be extended by the justice court not more than 60 days Irom Iiling oI Iirst notice oI appeal, or by the district court Ior additional time, provided orders oI extension are made beIore expiration oI last previous time. The justice court or the district court may order the time Ior transmission and docketing to be shortened. Rule 74A(d).
Record Ior preliminary determination: On any oI the Iollowing motions, a party may docket in the district court such parts oI the original record as the person requests, prior to docketing the complete record on appeal:
(1)Motion to dismiss appeal.
(2)Motion Ior stay pending appeal.
(3)Motion Ior additional security Ior bond on appeal or supersedeas bond.
(4)Motion Ior any intermediate order. Rule 74A(e).
BrieIs: II ordered, appellant`s opening brieI; within 30 days aIter the record is Iiled. Respondent`s answering brieI; within 30 days aIter service oI the opening brieI. Appellant`s reply brieI, iI any; within 15 days oI service oI respondent`s answering brieI. Rule 75(a), 75(b)(2).
Oral argument: In all cases, unless otherwise ordered by the district court. Rule 75A. 'RULE76.DISMISSAL FOR FAILURE OF APPELLANT TO COMPLY WITH RULES
(a)II the appellant shall Iail to cause timely transmission oI the record as provided in Rule 74A, or, iI required, to timely Iile an opening brieI, or to post the undertaking as required by Rule 73 or 73A, or to arrange Ior a transcript as required by Rule 74, and 74A, or the payment of filing fees as required by Rule 74B, unless exempt, or upon a showing that any other necessary steps have not been taken, the appeal may be dismissed by the district court upon a motion oI any respondent or upon its own motion at the cost oI the appellant. Prior to the granting oI the dismissal, the appellant shall be given written notice oI the motion to dismiss. The motion shall be supported by a certiIicate oI the clerk or justice oI the justice court, showing the date and substance oI the judgment or order Irom which the appeal was taken, the date on which the notice oI appeal was Iiled, the expiration date oI any order extending the time Ior transmitting the record, and prooI oI service. The notice oI the motion to dismiss may be mailed or delivered to the appellant or the appellant`s attorney. The appellant may respond in writing within 7 days oI such service, showing good cause, iI any, why the motion should not be granted. The district court clerk shall docket the appeal Ior the limited purpose oI permitting the district court to entertain the motion without requiring payment oI the Iiling Iee, but the appellant shall not be permitted to respond without payment oI the Iee unless the person is otherwise exempt thereIrom. The district court, with or without allowing a response Irom the respondent, shall grant the motion to dismiss iI good cause is not shown. II satisIied as to good cause Ior the delay, the district court shall allow the appeal to continue upon such terms as it may order.
(b)II any respondent shall Iail to timely Iile an answering brieI, such Iailure may be treated by the district court as a conIession oI error and suIIicient grounds Ior reversal oI the judgment or order appealed Irom.
XI.GENERAL PROVISIONS NJCRCP RULE81.APPLICABILITY IN GENERAL (a)To What Proceedings Applicable.These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute.
NJCRCP 81(b)ChieI Justices oI the Peace.Rule 84, relating to chief justices of the peace, shall apply to all proceedings in the justice courts, whether criminal, civil or otherwise. NRS 40.385 presents just such a 'special statutory proceeding (in combination with NRS 40.253, .254. As such NJCRCP 73, 73A(a)(4), 73B, etc. do not even apply as to the stay issue, to the extent NRS 40.385 covers the situation, which it does. Judge Flanagan's 3/30/12 Order 'borrows heavily Irom Baker's Answering BrieI (similar to how Judge SIerrazza's 10/27/11 FOFCOLOSE was actually created by Baker himselI...and signed by Judge SIerrazza less than Iour hours aIte Baker submitted it, late (such was due on 10/26/11 at noon, and Baker did not provide his propose FOFCOLOSE until noon on 10/27/11 to either the RJC or Coughlin). Regardless, Coughlin NJCRCP RULE83.RULES BY JUSTICE COURTS: 'Each justice or justice court in a township with more than one justice, by action oI a majority oI the justices thereoI, may Irom time to time make and amend the rules governing its practice not inconsistent with these rules. Copies oI rules and amendments so made by any justice court shall upon their promulgation be Iurnished to the Supreme Court, but shall not become effective until after approval by the Supreme Court and publication. In all cases not provided for by these rules the justice courts may regulate their practice in any manner not inconsistent with these rules. NJCRCP RULE84.CHIEF JUSTICES OF THE PEACE: '(a)Election.In any township having three or more justices oI the peace, the justices shall annually elect one oI their number to serve as chieI justice oI the peace Ior that township. The election shall take place between November 15 and December 1 oI each year, and the chieI justice oI the peace so elected shall begin to serve on the Iirst Monday in January oI the next year. Any incumbent justice oI the peace who will not be returning to oIIice the next year (because oI retirement, resignation, Iailure to be reelected, or other reason) shall not be eligible to vote in the election Ior chieI justice oI the peace. Any person who has been elected to take oIIice as justice oI the peace shall be eligible to vote in the election Ior chieI justice oI the peace. Except with the unanimous consent oI the justices oI the peace in a township, no chieI justice oI the peace shall serve more than 2 successive one-year terms. (b)Responsibilities.The chieI justice oI the peace in a township shall: (1)Be responsible Ior the administration oI court rules and regulations. (2)Consider and rule on any ex parte applications Ior orders in cases which have not been assigned. (3)Hear or reassign emergency matters when the assigned justice is absent or otherwise unavailable. (4)Designate another justice to perIorm the duties oI chieI justice oI the peace when the chieI justice oI the peace is absent. (5)Oversee all administrative and clerical work and Iunctions oI the court as set Iorth in NRS Chapter 4. (6)Call and preside over meetings with the other justices oI that township, as oIten as may be deemed necessary by the chieI justice oI the peace, to discuss and set policy on procedures, planning, caseload distribution, judicial training, vacations, court improvements, personnel and any other matters oI beneIit or concern to the court. IX.CIVIL APPEALS FROM JUSTICE COURTS RULE72.APPEALHOW TAKEN: ' (c)Content oI the Notice oI Appeal.The notice oI appeal shall speciIy the party or parties taking the appeal; shall designate the judgment, order or part thereoI appealed Irom; and shall name the court to which the appeal is taken. Judge Flanagan appears to make the same 'mistake that Judge SIerrazza did in 1708. That consists oI relying upon the twisted, Iraudulent mistatements oI the law that Baker and Hill call lawyering, then overreacting to the human displays oI emotions by the opposing attorney/litigant, and engaging in what some might say appears to be a transparent display oI 'inadvertent errors oI law borne oI a retaliatory animus. At the end oI the day, however, these judges are busy and have heavy case loads. They are somewhat entitled to rely upon the representations as to law and Iacts made to them by the attorneys appearing beIore them. However, Judge SIerrazza could nto rely upon Baker and Merliss's declaration that the lease had 'expired or 'terminated given the 'term in the agreement was Ior '12 months. (OI course, the 'term in the lease was Ior 'no less than 12 months, and there was no 'deIined termination date to be Iound in paragraph 2 oI the lease where paragraph 20 indicated such a deIined date would aIIect the holdover/termination status oI the lease. Further, Judge SIerrazza may have relied upon Baker's indicating that he elicited testimony Irom Merliss that spoke to all that contained in Baker's 10/19/11 Declaration (which Baker purported to contain everything required by NRS 40.254(2)). However, reliance upon Baker's purposeIully misleading approach there (in violation oI RPC 3.3, 3.4, etc.) caused Judge SIerrazza to miss the part where Merliss Iailed to Iile any landlord's aIIidavit/declaration (or even testiIy) to the requirement that he swear that his claim Ior relieI was authorized by law, per NRS 40.254(2). As it turns out, Merliss's claim was not authorized by law in that the lease was never terminated, as any attempt to notice Coughlin on the termination oI the lease was deIicient, owing largely to a Iraudulent attempt by Baker to avoid having the language oI the lease agreement that was so clearly negative to his client's positions respective oI whether any retaliation occurred (especially with respect to his client's liability Ior the actions oI Green Action Lawn Service and Darlene Sharpe), his client's liability Ior the utility bill (given the standing orders and NV Energy's policies), the set-oII required by NRS 118A.390 incident to the unlawIul interuption oI essential services, etc.). Further Baker wished to avoid prolonging Iurther the summary eviction approach he initially took in 1492 (Irom which Baker Iraudulently submitted a Memorandum oI Costs Ior in another case, 1708), but dropped, largely due to his mistakes and inexperience causing delays and excessive Iees. In his zeal to avoid havign the lease agreement 'renew on its terms or continue indeIinitely (the lease is ambiguous in that regard, and Baker's invoking NRS 40.251 rather than NRS 40.250 (as Judge SIerrazza indicated was required or at issue) is telling. So, Baker and Merliss lied to Judge SIerrazza about whether the lease was expired and as to the actual term oI the lease. Judge SIerrazza prejudiced Coughlin by essentially bootstrapping the notice Coughlin was provided in the nonpayment summary eviction in 1492 to the no cause summary evictino in 1708. However, those are rather diIIerent theories oI law involved. As such, there was no real notice to be bootstrapped, and the underlying rationale behind such notice requirements (like those in NJCRCP 109, and 108) is to aIIord parties and their attorneys an opportunity to build their cases Irom a legal and Iactual perspective (and maybe to move their belongings out while also so preparing Ior a hearing). Given Judge SIerrazza's reIusal to accord Coughlin the required twenty days to respond to a properly Iiled and served Summons and Complaint under NJCRCP 109 (an per NRS 40.253(6)), Coughlin was unable to suIIiciently prepare Ior the 10/25/11 'Trial. Additionally, there exists no authority Ior Judge SIerrazza's position that he could convert a summary eviction proceeding to a 'Trial (as he did in his 10/13/11 Order), and continue to retain the NRS 118A.355(5) escrow deposit he required oI Coughlin, plus add on another new requirement that Coughlin deposit, on November 1 st , 2011, the rent Ior November, as a condition oI Coughlin being aIIorded the procedural protections oI NJCRCP 109 and NRS 40.253(6). How about, Iirst, having Merliss signed on the dotted line oI a Complaint, and get a Summons issued, then served on Coughlin, the aIIord Coughlin an opportunity to Iile an Answer, rather than demanding Coughlin submit to some sua sponte interrogation by Judge SIerrazza as to whether and how much rent he owes Merliss, even in the Iace oI Baker insisting all that was up Ior the court's inspection was possessio oI the premises. As Coughlin indicated on 10/25/11, reserving his objections to Judge SIerrazza's essentially requiring Coughlin to pled non-payment, and placing the burden on Coughlin to then show the he did actually Iail to so pay his rent... 'those are Iatual issues, Your Honor. Indeed, that is very true considering the extent to which Merliss admitted to a novation oI any laibility Coughlin had as to Coughlin's Iormer co-tenant, Melissa Ulloa, taking Coughlin's rental contributions Ior May and June 2011 and surreptiously Iailing to Iorward them to Merliss along with her part oI her own Ior May and all oI her share Ior June 2011.
18 1. This appeal is from an order entered by the Honorable Elliott A Sattler. 25 4. Respondent is the State of Nevada. Respondent is represented by the Washoe County District Attorneys Office: Code 1310
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE ZACH COUGHLIN,
Petitioner, vs.
RENO JUSTICE COURT, CHIEF JUSTICE SCOTT PEARSON, JUDGE DAVID WAYNE CLIFTON/WASHOE COUNTY DISTRICT ATTORNEY'S OFFICE,
CASE APPEAL STATEMENT This case appeal statement is filed pursuant to NRAP 3(2). 2. Appellant is Zach Coughlin. Appellant is representing himself in Proper Person on appeal: 3. Appellants address is: Zach Couglin 1471 E 9 th St. Reno, Nevada 89512
8 1 9 1 10 5. Respondents attorney is licensed to practice law in Nevada. 6. Appellant was not represented by appointed counsel in District Court. 7. Appellant is not represented by appointed counsel on appeal. 8. Appellant was not granted leave to proceed in forma pauperis in the District Court. 9. Proceeding commenced by the filing of a Writ of Mandamus on April 2, 2013. 0. This is a criminal proceeding and the Appellant is appealing Order filed on April 3, 2013. 1. The case has not been the subject of a previous appeal to the Supreme Court: 2. This case does not involve child custody or visitation. 13. This is not a civil case involving the possibility of a settlement. Dated this 16th day of April, 2013. J OEY ORDUNA HASTINGS CLERK OF THE COURT
By: /s/ Annie Smith Annie Smith Deputy Clerk
SECOND JUDICIAL DISTRICT COURT COUNTY OF WASHOE HON. ELLIOTT A. SATTLER DEPT. Case History - CR13-0552 D10 Case ID: Case Type: CR13-0552 WRIT OF MANDAMUS - CRIMINAL 4/2/2013 Initial Filing Date: Report Date & Time 4/16/2013 3:19:03PM Case Description: ZACH COUGHLIN VS. RENO JUSTICE COURT (D9) Parties RESP SCOTT (HONORABLE) PEARSON - @1239180 RESP DAVID (HONORABLE) CLIFTON - @1239183 ATTY Terrence P. McCarthy, Esq. - 2745 PETR ZACHARY COUGHLIN - @1206272 RESP RENO JUSTICE COURT - @160523 RESP WASHOE COUNTY DISTRICT ATTORNEY'S OFFICE - @690646 Charges Charge No. Charge Code Charge Date Charge Description Plea Information Charge No. Plea Code Plea Date Plea Description Release Information Custody Status Hearings Event Extra Text: 1 Disposition: Sched. Date & Time Disposed Date Event Description Department Agency Cross Reference Code Agency Description Case Reference I.D. Actions Code Code Description Text Action Entry Date 4/2/2013 4330 Writ of Mandamus EMERGENCY PETITION FOR WRIT OF MANDAMUS AND IPF MOTION AND DECLARATION OF POVERTY 4/3/2013 3250 Ord Striking ... EMERGENCY PETITION FOR WRIT OF MANDAMAUS AND IPF MOTION AND DECLARATION OF POVERTY IS STRICKEN AND COURT WILL TAKE NO FURTHER ACTION - Transaction 3635404 - Approved By: NOREVIEW : 04-03-2013:11:58:00 4/3/2013 NEF Proof of Electronic Service Transaction 3635407 - Approved By: NOREVIEW : 04-03-2013:11:59:13 4/12/2013 2515 Notice of Appeal Supreme Court APPELANT, ZACH COUGHLIN, PRO-PER Report Does Not Contain Sealed Cases or Confidential Information Page 1 of 2 Case ID: Case Type: CR13-0552 WRIT OF MANDAMUS - CRIMINAL 4/2/2013 Initial Filing Date: Report Date & Time 4/16/2013 3:19:03PM Case Description: ZACH COUGHLIN VS. RENO JUSTICE COURT (D9) 4/16/2013 1350 Certificate of Clerk CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL - Transaction 3662766 - Approved By: NOREVIEW : 04-16-2013:10:26:00 4/16/2013 NEF Proof of Electronic Service Transaction 3662802 - Approved By: NOREVIEW : 04-16-2013:10:29:38 4/16/2013 1310E Case Appeal Statement Transaction 3662970 - Approved By: NOREVIEW : 04-16-2013:10:53:47 4/16/2013 NEF Proof of Electronic Service Transaction 3663007 - Approved By: NOREVIEW : 04-16-2013:10:59:25 Report Does Not Contain Sealed Cases or Confidential Information Page 2 of 2 F I L E D Electronically 04-03-2013:11:57:28 AM Joey Orduna Hastings Clerk of the Court Transaction # 3635404 2 3 4 5 6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 7 IN AND FOR THE COUNTY OF WASHOE 8 9 10 ZACH COUGHLIN, 11 Petitioner, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. RENO JUSTICE COURT, CHIEF JUSTICE SCOTT PEARSON, JUDGE DAVID WAYNE CLIFTON/W ASHOE COUNTY DISTRICT ATTORNEY'S OFFICE, Respondents. _____________ ORDER Case No. CR13-0552 Dept. No. 10 The Court is in receipt of a "EmerKency Petition for Writ of Mandaaus (sic) and IPF MOTION and Declaration of Pover" (hereinafer, ''the document")(emphasis ad varying font in the original) fle stamped April 2, 2013. The document in question fails to state a rational claim upon which the Court can rule. Further, the document does not direct the Court to the factual and/or legal grounds upon which the document should be considered. Indeed, the Court is unclea what is being sought by way of the fling of the document. The document fails to follow numerous applicable District Court Rules (hereinafer, "D.C.R.") ad local rules (hereinafer, "WDCR"). See generally, D.C.R. 12, D.C.R. 13, WDCR 10, -1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and WDCRI2. But see, WDCR 18 (the Court does not believe that WDCR 18 authorizes the complete abandonment of all of the other rules in criminal matters). D.C.R. 5 states in full: These rules shall be liberally construed to secure the proper and efcient administration of the business and affairs of the court and to promote and facilitate the administration of justice by the court. These rules cover the practice and procedure in all actions in the district courts of all districts where no local rule covering the same subject has been approved by the supreme court. Local rules which are approved for a particular judicial district shall be applied in each instance whether they are the same as or inconsistent with these rules. It is the Court's conclusion that the document is in violation of D.C.R. 5. The Court also fnds that the petitioner has failed to qualify to represent himself pursuant to S.C.R. 253. See also, Faretta v. Caliornia, 422 U.S. 806, 95 S.Ct. 2525 (1975), Hook v. State, 124 Nev. 48 (2008) and Wayne v. State, 100 Nev. 582 (1984). The canvass required pursuant to S.C.R 253(1) is mandatory in every case where a defendant appears in district court and chooses self representation. For all of the foregoing reasons it is hereby ORDERED that the document is stricken and the Court shall take no frther action on the document. DATED this 3ay of April, 2013. DISTRICT mDGE -2-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 26 27 18 1. This appeal is from an order entered by the Honorable Elliott A Sattler. 25 4. Respondents are the Reno J ustice Court, Chief J ustice Scott Pearson, J udge David Wayne Clifton/Washoe County District Attorneys Office. Respondents were not represented at time of appeal. 28 5. Appellant was not represented by appointed counsel in District Court.
6. Code 1310
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE ZACH COUGHLIN,
Petitioner, vs.
RENO JUSTICE COURT, CHIEF JUSTICE SCOTT PEARSON, JUDGE DAVID WAYNE CLIFTON/WASHOE COUNTY DISTRICT ATTORNEY'S OFFICE,
AMENDED CASE APPEAL STATEMENT This case appeal statement is filed pursuant to NRAP 3(2). 2. Appellant is Zach Coughlin. Appellant is representing himself in Proper Person on appeal: 3. Appellants address is: Zach Couglin 1471 E 9 th St. Reno, Nevada 89512
Appellant is not represented by appointed counsel on appeal. F I L E D Electronically 04-18-2013:09:58:36 AM Joey Orduna Hastings Clerk of the Court Transaction # 3669209
5 1 6 1 7 1 7. Appellant was not granted leave to proceed in forma pauperis in the District Court. 8. Proceeding commenced by the filing of a Writ of Mandamus on April 2, 2013. 9. This is a criminal proceeding and the Appellant is appealing Order filed on April 3, 2013. 0. The case has not been the subject of a previous appeal to the Supreme Court: 1. This case does not involve child custody or visitation. 2. This is not a civil case involving the possibility of a settlement. Dated this 18th day of April, 2013. J OEY ORDUNA HASTINGS CLERK OF THE COURT
10 31 13 72675 65630 63341 71437 607 599 Filing and Voxox Fax Proof With 4 4 13 Fax Header's Motion To Strike Remand and Sentencing Memor and Extension of Time Sought Appt of Counsel Etc. Vacate Epo
10 24 13 72675 Printed Notice of WCDA's Attempt To Remand Coughlin and Revoke Two Probations and Addendum To Post-Trial Motions Stamped With Ex 1 Opt A9 Printed
10 31 13 72675 Motion To Strike Sentencing and Remand Etc Plus Voxox Proof of Service Fax On WCDA Z Young and Stege 65630 63341 71437 72675 and Wastts in 599 607
10 31 13 72675 Motion To Strike Sentencing and Remand Etc Plus Voxox Proof of Service Fax On WCDA Z Young and Stege 65630 63341 71437 72675 and Wastts in 599 607