1 14 12 0204 62337 1708 03628 Hill's Purported 5 Page Grievance To SBN King 61383 With All Alleged Enclosures A9 A9

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patrickk@nvbar.org
RICHARD G. /.L
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VIA EAL ONLY
Patrick King, Esq.
Assistant Bar Counsel
State Bar of Nevada
9456 Double R. Blvd.
Reno, Nevada 89521
Mr. King:
Re: Zachar B. Cougl, Esq.
Nevada Bar No. 9473
January 14, 2012
(77J)J4/488
FAX (7$) J48-J858
You and I have previously discussed Mr. Coughlin. Mr. Coughlin, due to
his mental instability, lack of integrity, and complete incompetence, constitutes a danger
to the public if he is allowed to continue to practice law. This letter i written to
discharge my and my associate's reporting obligations under RPC 8.3. Please consider
the following:
1. Rissone v. Gssin, CID-Ol341. Although not among Mr. Coughlin's
most signifcant ethical violations, it presents a good microcosm of his derelictions. Mr.
Cessin was a client of our ofce. He defrauded the plaintif, as i his modus operandi in
dealing with women. Approximately one year after judgment was entered and the case
concluded, Mr. Coughlin interjected himself in the case on behalf of Gessin, trying to
collect on a sanction award against opposing counseL It turns out that because he had
filed bankruptc, Gessin no longer owns this claim. I you look at the fle, you will see
that Coughlin appeared and then filed a bizarre "partial withdrawal" document on
December 8, 2011.
Letter to Patrick King. Esq.
January 14,2012
Page 2
Subsequent to that time, Coughlin has ben ghostwriting documents that
purport to be from Cessin, individually, and e-fling them for Gessin. He is using the
"/s/" for Gessin's signature. These are clearly not documents that are signed or
prepared by Mr. Gessin, and the fact that somebody (Coughlin) e-fles them confrms he
is ghostwriting without the required disclosure. In addition, it appears that Coughlin
has facilitated the fling of what may be a fraudulent bankuptc on behalf of Gessin.
Coughlin's lack of competence is demonstrated in the Cessin case by the fact that he
does not understand the effect on the ownership of Gessin's potential claims from
Gessin having fled a bankruptcy, (i.e., the claims now belong to the bankruptcy trustee,
not Gessin.)
A with all of the matters referenced below, I strongly suggest that you
contact the Second Judical District Court and get e-fling access to the cases mentioned
so you can look at the documents yourself. Glade Han, Esq., is opposing counsel in that
case and may be of help to you.
2. I a informed and believe that Mr. Coughlin was rtly convicted of a
theft crime in Reno Municipal Court. I am frther informed that the matter arises out of
shoplifng at Walmat. That case is presently on appeal tu the district court in case
number CRu-2064. Mr. Coughlin is representing himself.
3. Mr. Coughlin is presently facing criminal charges regarding the theft of
an iPod. That is pending in Reno Justice Court as c number RCR2011-o63341. I
have reviewed the fle. Mr. Coughlin got into some SOit of argument with his public
defender. A a result, he was referred out for a competency evaluation.
4 We represent Dr. Matthew Merliss, a physican from Chico, Califoria.
Dr. Merliss owns the property at 121 River Rock Street, Reno. Nevada. Beginning in
March 2010, the property was leased to Mr. Coughlin and his then-girlfiend. The lease
expired in Februar 2011. The girlfiend lef the community in approximately May 2011.
Dr. Merliss contacted us in approximately August 20Il to assist in evicting Mr.
Coughlin. Coughlin had not paid rent or utilities since May. He contended that there
were habitability issues Wit1 the property that justife his withholding rent. All of his
claims were decided adversely to his position at the evicton hearing. Justice of the
Peace Peter Sferazza ordered Coughlin evicted from the premises efective November 1,
2011. On that date, the Washoe County Sherif's Department performed their normal
eviction procedure: locks were changed and the eviction notice was posted on the front
door. We videotapd the home and its cntents at that time. Upon inspecon over the
neA few days, it became apparent that "somebody" w breaking into the home on a
regular basis.
On Sunday, November 13, 2011, Dr. Merliss came to town, and 1 met him
at the home on River Rock Street. A we walked through the home, it was obvious that
living
going
living
Letter to Patrick King, Eq.
January 14, 2012
Page 3
someone had been in there since I had last been in several days before. Dr. Merliss
discovered that the basement door was barricaded (not locked) from the inside. The
Reno Pol icc Department was summoned. They tried to coax whoever was in the
basement out, without success. After Dr. Merliss had to kick the door down, it was
disovered that Mr. Coughlin had broken in and w in the basement. He was
arrested and is presently facing criminal trespass charges in Reno Municipal Court. See
case no. 11 CR 2640521. He is also facing a contempt motion in front of Judge Sferazza
in the eviction case. Judge Sferazza has stayed that matter pending the resolution of the
criminal trial. That trial was scheduled for Januar 10, 2012, but was continued at the
request of Mr. Coughlin's new attorey.
5. The eviction order is now on appeal to the Second Judicial District
Court. See case Cu-03628, pending in Department 7. A part of the eviction process,
a lien was asserted against the personal property that Coughlin lef behind at the home.
On November 16, 2011. Coughlin fled a motion to contest the landJord's lien in the Reno
Justice Court. The court tried to promptly set a hearing, but Coughlin refused to
cooperate in setting the matter, and the court took it of calendar. Coughlin then re
initiated that process and a hearing was held in Decmber, at which tme the court heard
evidence of Coughlin's lack of cooperation in setting the November hearing. You may
also want to contact Reno Justice Court staf, and in particular, chief derk Karen Stancil,
about Mr. Coughlin's abusive treatment of her and her staf. Afer the hearing. the court
issued an Order granting Coughlin a two-day time window to remove his personal
propert. The frst day was Thursday, December 22, 2011. Aer Coughlin was allowed
into the home that first day, he sent out an e-mail to the efct that because he had
appealed Judge Sferazza's order, he was entitled to a stay of procedings and was
to resume in the home. A a result, he did ver little to remove any of his personal
property that day. On Friday, December 23. 2011, after he learned, again. that his stay
had been denied, Coughlin assembled a small crew and the were able to remove a
substantial amount of his personal property. (You need to understand that Mr.
Coughlin is a hoarder. We have the photos and videos if you would like to see them.)
However, Mr. Coughlin did not get aof his propert out. For example, I counted 13 c
seats that he had somehow managed to get down into the basement.
Having failed to remove all of his belongings, Mr. Coughlin then moved
before Judge Flanagan for a temporal' restraining order to prevent the disposal of his
abandoned property in accordance with Judge Sferazza's order. Attached is Mr.
Coughlin's motion, my ofce's opposition, and Mr. Coughlin's reply. These documents
demonstrate Mr. Coughlin's complete and utter incompetence as an attorey.
On January 11, 2012, Judge Fanagan denied Mr. Coughlin's request for a
temporary restraining order. On January 12, 2011, the contractor hired to dean the
house commence work. Mr. Coughlin fagged the contractor down in trafc when he
(the contractor) was on his way to the dump with the abandoned property fom the
home. Coughlin caned the police, who arrived at the transfer station. Coughlin was
falscly asserting that the contractor had tried to run him over. He also told the police
Letter to Patrick King, Esq.
January 14. 2012
Page 4
that the contractor had stolen his possessions. After I presented the court orders to the
police, the contractor was allowed to proceed. At their instruction, I have now had a TPO
issued against Coughlin by Reno Justce Court.
However, before the contractor could get back to the River Rock house,
Coughlin was there. He had his video camera and was walking up and down the street
screaming and yelling at the police, at the contractor, and at me, when I arrived. Mr.
Coughlin ended up being arrested and taken to jail. The police informed me that
because of the number and types of contacts they have had with him, he is no longer
eligible for citations in the event of infractions.
Enclosed you will fnd a cpy of a supplemental document fled by Mr.
Coughlin on January 13. 2012, and sent to my staf and I by email fom Coughlin that
morning. Please note that the attorey designation on the frst page indicates that it is
being fled by Coughlin as appl1ant. You will note that the caption is from a diferent
case. It is unclear in which case Mr. Coughlin intended to fle this document, although,
because of the case number and the caption, it appears to have ultimately been routed to
the Carpentier case (CV08-0l709) and not the evicton appeal case (CVll-03628). I am
told that counsel in the captioned case may also be in the process of filing a bar
complaint against Coughlin.
6. When the house was secured after Coughlin's arrest, we found a crack
pipe and a bag of what appeared to be marijuana. The contractor also reported fnding a
box of pil1s and a vial of some sort. We understand Coughlin has unsuccessfully tried
the Lawyers Concerned for Lawyers program, and that he has a history of substance
problems.
7. Mr. Coughlin has fled to lawsuits against his former employer,
Washoe Legal Services. He has sued all of the board of directors and the management of
the company. Both cases have now been dismissed. Both cases demonstrate his lack of
competence. I suggest you contact Joseph Garin, Esq., in L Vegas, as he was counsel
for the defendants in that case. You may want to cntact Paul Elcano, Esq., the director
of Washoe Legal Services.
8. Mr. Coughlin has a habit of initiating cases and asking to proceed in
forma pauperis. He has done s in cases against me, my offce, my client, and Washoe
Lega Services. You wl fnd them if you run a search for Coughlin Z on the Second
Judicial District Court website. The courts that have reviewed the documents have
generally denied his requests. What is of note is that his representations in the
applications to proceed infrma pauperis are inconsistent with and contrary to the
representations that he has made to Judge Flanagan in the context of seeking a
temporary retraining order. On the one hand. he tells the court he is broke and has no
property, and on the other hand, he is telling the court that he has a great deal of
valuable property at the home that needs to be protected. This demonstrates a gross
lack of candor with the tribunals with which he deals.
anng
Ltter to Patrick Kng, Esq.
January 14, 2012
Page 5
9. Coughlin has also tried to file a case against me, my assocate, my client,
and others, including the Reno Justice Court. I is also to be found on the website.
Judge Steinheimer has ruled that he did not comply with NRCP 8.
10. Coughlin's behavior was unusual to start, and has become more and
more bizrre during the time we have been dealing with him. He serves papers be does
not fle, and fles papers he does not serve. He consistently signs certifcates of service
that he has maiJed to us, but we have never recived fom him by mail. He has
posted videos of the eviction service attempts and parts of the trial on YouTube,
including some recrdings he secretly made in court with his cell phone.
11. Another example of his incompetence i that he does not understand
what orders are, and a not, appealable. He does not understand that fling a notice of
appeal divests the lower court of jurisdiction.
I am confident that once you look into this matter, you will agree that Mr.
Coughlin should not be practicing law. He is a danger to the community.
Sincrely,
/S/
Richard C. Hill
RGH:kn
Enclosures:
-Coughlin Amended Emergenc Moton for Restraining Order
-Merliss Opposition to Motion for TRO
-Coughlin Reply to Opposition to Motion for TRO
-Supplemental Reply to Opposition dated 1/13/12
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Document Code:
Zach Coughlin, Esq.
NV Bar No: 9473
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C/"E N2: CV11-03628
DE-(. N2: 7
AMENDED EMERGENCY MOTION FOR
TEMPORARY RESTRAINING ORDER
OR INJUNCTION PREVENTING
MERLISS FROM DISPOSING OF
TENANTS PROPERTY; OR, IN THE
ALTERNATIVE; MOTION FOR STAY
AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
INJUNCTION PREVENTING MERLISS FROM DISPOSING OF TENANTS PROPERTY;
OR, IN THE ALTERNATIVE; MOTION FOR STAY

-lease note, this /mended ;ersion o: ?hat is essentiall@ the same thing as the <otion :iled Aust
minutes earlier, or suBmitted :or :iling, rather, is done to correct the :act that the date :or the .roo: o:
ser;ice ?as incorrect on the :irst ;ersion :iled. -roo: o: 5andlordCs Con;ersion o: (enantCs -ersonal
-ro.ert@, 9' -2+3d 34. 7hat can the tenant do i: the landlord ?ill not return his .ro.ert@ or i: he
dis.utes the landlordDs chargesE
F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
F I L E D
Electronically
12-30-2011:08:58:22 AM
Craig Franden
Clerk of the Court
Transaction # 2674349
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(he tenant ma@ :ile, along ?ith the a..ro.riate :ees, a G<otion to Contest -ersonal -ro.ert@ 5ienH on
a 3ustice Court :orm. "ee N$" 4'.!&3I7>. (he tenant ma@ also sue :or actual damages and .uniti;e
damages u. to J,''' i: the landlord holds the tenantDs .ro.ert@ in an e::ort to ensure that the tenant
.a@s rent. "ee N$" %/.&!'. -lease a?ard this .enalt@ to the tenant here. How does te te!"!t
#o!test te $%e!&
(he (enant can contest the lien B@ :iling a Notice o: 2..osition to 5ien ?ith the clerK o: the 3ustice Court on a :orm
.ro;ided B@ the Court. 1o?e;er, the (enantDs Notice o: 2..osition to 5ien must Be :iled ?ithin & da@s a:ter the .erson
:iling the notice recei;es the Notice o: "ale B@ auction. (here:ore, the (enant must ?ait until he recei;es the Notice o:
"ale Be:ore :iling the Notice o: 2..osition to 5ien. "ee N$" '%.3&&.

How $o!' ()st " $"!d$o*d +ee, " te!"!t-s ,*o,e*t. "/te* e0%#t%o!&

/ landlord must sa:el@ store a tenantDs .ro.ert@ :or 3' da@s a:ter the tenantDs aBandonment or e;iction. "ee N$"
%/.4*'I>

C"! te $"!d$o*d *e/)se to *e$e"se " te!"!t-s ,*o,e*t. "/te* e0%#t%o!&

(he landlord must .ro;ide reasonaBle access and o..ortunit@ :or the tenant or his authoriLed re.resentati;e to retrie;e
.ersonal .ro.ert@ le:t Behind. (he landlord ma@ charge and collect the reasonaBle and actual costs o: in;entor@, mo;ing
and storage Be:ore releasing the .ro.ert@ to the tenant. (he landlord cannot require the tenant to .a@ rent or the costs o:
the e;iction as a condition to releasing the .ro.ert@. "ee N$" %/.4*'I>Ia>

1"t %/ (o*e t"! 23 d".s "0e e4,%*ed s%!#e te te!"!t-s e0%#t%o!&

/:ter the e,.iration o: the 3')da@ .eriod, the landlord ma@ dis.ose o: the .ro.ert@ and reco;er his reasonaBle costs out o:
the .ro.ert@ i::

. 1e has made reasonaBle e::orts to locate the tenant=
!. 1as noti:ied the tenant in ?riting o: his intention to dis.ose o: the
.ro.ert@= and
3. 4 da@s ha;e ela.sed since the notice ?as gi;en to the tenant.
N$" %/.4*'I>IB>

1"t #"! te te!"!t do %/ te $"!d$o*d w%$$ !ot *et)*! %s ,*o,e*t. o* %/ e d%s,)tes te $"!d$o*d-s #"*'es&
!F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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(he tenant ma@ :ile, along ?ith the a..ro.riate :ees, a G<otion to Contest -ersonal -ro.ert@ 5ienH on a 3ustice Court
:orm. "ee N$" 4'.!&3I7>. (he tenant ma@ also sue :or actual damages and .uniti;e damages u. to J,''' i: the landlord
holds the tenantDs .ro.ert@ in an e::ort to ensure that the tenant .a@s rent. "ee N$" %/.&!'.

1"t %s te de"d$%!e %! w%# " Mot%o! to Co!test Pe*so!"$ P*o,e*t. L%e! ()st 5e /%$ed&

(he motion must Be :iled ?ithin !' calendar da@s a:ter the one :ollo?ing e;ents that has occurred the latest :

. (he order :or e;iction ?as issued=
!. (he tenant ;acated or ?as remo;ed= or
3. / co.@ o: the landlordDs charges relating to the storage o: the .ro.ert@ has
Been requested B@ or .ro;ided to the tenant. "ee N$" 4'.!&3I7>

1e! ()st te e"*%!' o! te Mot%o! 5e s#ed)$ed&

(he court must schedule a hearing ?ithin ' Audicial da@s a:ter the :iling o: the motion. "ee N$" 4'.!&3I%>

M)st te Mot%o! 5e se*0ed ),o! te $"!d$o*d&

(he court is required to a::i, the date o: the hearing to the motion and order a co.@ ser;ed u.on the landlord B@ the
sheri::, constaBle or other .rocess ser;er. "ee N$" 4'.!&3I%>

1"t w%$$ te 6)d'e do "t te e"*%!'&

/t the hearing, the court ma@ determine the costs, i: an@, claimed B@ the landlord and order the tenantDs .ro.ert@ released
?ith or ?ithout the .a@ment o: those costs.

Se#)*%t. De,os%ts

How $"*'e " se#)*%t. de,os%t (". te $"!d$o*d o/ " *es%de!t%"$ ,*o,e*t. *e7)est&

No more than 3 months o: rent. N$" %/.!4!I>

M". " te!"!t ,ost " s)*et. 5o!d %!ste"d o/ " se#)*%t. de,os%t&

3F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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6es, i: all .arties agree. 0: the landlord maKes claim against the Bond the tenant must Be gi;en an itemiLed ?ritten
accounting recei;ed :rom the landlord. (he tenant ma@ send a ?ritten res.onse dis.uting an@ items to the suret@. (he
suret@ cannot re.ort a landlordDs claim to a credit re.orting agenc@ unless the suret@ :irst sues the tenant and oBtains a
Audgment.

1o? does a tenant .ro;e that he .aid a securit@ de.ositE

(he landlord is required to deli;er to the tenant, u.on his request, a signed ?ritten recei.t :or the securit@ de.osit Ias ?ell
as :or an@ other .a@ments, including rent>.
N$" %/.!&'

1"t %/ te $"!d$o*d w%$$ !ot '%0e te te!"!t " *e#e%,t /o* te se#)*%t. de,os%t&

(he tenant ma@ re:use to maKe rent .a@ments until the landlord .ro;ides the requested recei.t. N$" %/.!&'

M)st te $"!d$o*d *et)*! te se#)*%t. de,os%t&

Not necessaril@. (he landlord ma@ deduct :rom the securit@ de.osit such amounts as are necessar@ to:

. $emed@ an@ de:ault in the .a@ment o: the rent=
!. $e.air damages to the .remises caused B@ the tenant, other than Gnormal ?ear and tear=H and
3. -a@ the reasonaBle costs o: cleaning the .remises. N$" %/.!4!I!> and I&>

1"t %s !o*("$ we"* "!d te"*&

GNormal ?ear and tearH is the Kind o: deterioration ?hich occurs ?ithout negligence, carelessness or aBuse o: the
.remises. Normal ?ear and tear includes deterioration o: the .remises that occurs during normal conditions. +or e,am.le,
.aint ma@ :ade, electrical s?itches ma@ ?ear out and BreaK, .ull strings on Blinds ma@ :ra@ or BreaK , car.et and tile ma@
?ear do?n. (hese things ha..en e;en i: the tenant cleans regularl@ and cares :or the .remises reasonaBl@. N$" %/.'

1e! ()st te $"!d$o*d *et)*! te se#)*%t. de,os%t to te te!"!t&

4.on termination o: the tenanc@ B@ either .art@ :or an@ reason, including e;iction, the landlord must return the de.osit to
the tenant, or .ro;ide an itemiLed ?ritten accounting sho?ing ho? the de.osit ?as used, no later than 3' da@s a:ter the
termination o: the tenanc@. N$" %/.!4!I!>

1"t %/ te $"!d$o*d /"%$s to *et)*! te se#)*%t. de,os%t w%t%! 23 d".s o* te te!"!t d%s"'*ees w%t te w". %!
w%# te se#)*%t. de,os%t w"s )sed&

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(he tenant ma@ sue the landlord and request u. to t?ice the amount o: the securit@ de.osit. / tenant ?ho .aid their
de.osit B@ .urchasing a suret@ Bond, andFor a tenant ?ho disagrees ?ith the ?a@ in ?hich the landlord used the securit@
de.osit ma@ send a ?ritten res.onse to the suret@. 0: the tenant sends this res.onse ?ithin 3' da@s a:ter recei;ing an
itemiLed ?ritten accounting :rom the landlord, the suret@ is not to re.ort the landlordDs claim to a credit re.orting agenc@
?ithout :irst oBtaining a Audgment against the tenant. "ecurit@ De.osits and 9uaranties 4nder
5eases, $E/5 -$2-. -$2B. M ($. 3. 4'&, 4'& I9**> Iciting 3! /<. 34$. 5andlord and (enant
N &*4 I94>= &! /<. 34$. 5andlord and (enant N *'& I947>= 9 /.5.$. 3'' I9!'>>= see also
$and@ 9. 9erchicK, No Eas@ 7a@ 2ut: <aKing the "ummar@ E;iction -rocess a +airer and
<ore E::icient /lternati;e to 5andlord "el:)1el., 4 4C5/ 5. $EV. 7&9, 77& I994>.
(he undersigned hereB@ :les this :or the aBo;e reasons, taKing issue, s.eci:icall@, ?ith the :ollo?ing
as.ects o: this CourtCs 2rder o: DecemBer !, !'. 2ne J4%' is not reasonaBle :or a storage cost. /
' :oot B@ 3' :oot storage shed in 7ashoe Count@ goes :or aBout J&', not J4%'. (?o, the .aucit@
o: time gi;en in the order :or Both the in;entor@ing and :or the mo;ing itsel: ?as ?holl@ insu::icient.
(he undersigned .aid the J4%' under the 2rder, he should ha;e reasonaBle o..ortunit@ to get ?hat is
his, and not ha;e the inter:erence run B@ 1ill and BaKer detailed in E,hiBit . +urther, the
undersigned made aBundantl@ clear at the hearing o: !F!'F that he ?as not in agreement ?ith the
terms Gresol;edH in the CourtCs !F!F 2rder and that the undersigned ?as not entering a settlement
agreement, etc., etc. (he recorded audio o: that hearing ?ill maKe that aBundantl@ clear. +urther, the
$3CCs Baili::Cs $e@es and "e,ton continued their Bull@ing ina..ro.riate Beha;ior at the hearing Iho?
the ?ritten com.laints against those t?o Baili::Cs B@ the undersigned related to their
threateningFse,ual assaults did not necessiate .utting a di::erent Baili:: in the court at the hearing is
not clear at all. /dditionall@, $ichard 1ill re)entered the courtroom on !F!'F, des.ite the court
telling ?itnesses liKe himsel: to lea;e....onl@ to ha;e $ichard 1ill re.eat the threats made B@ Baili::
$e@es to the undersigned, ?ith 1ill indicating to the undersigned and the others assemBled that he
?anted to .ut his :oot u. the undersignedCs ass as ?ell. (he undersigned should immediatel@ Be
granted additional time to retrie;e ?hat .ro.ert@ o: his remains at ! $i;er $ocK %9&'. +urther,
the 2rder o: !F!F, to the e,tent it remains in e::ect and is not o;ertunred, has a res Audicata, la?
&F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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o: the case, claim or issue .reclusion e::ect as to an@ o: the reser;ations the 2rder o: !F!F
mentions aBout: G -lainti:: reser;es all claims o: an@ nature including, But not limited to, additional
storage :ees :rom No;emBer 7, !' u. until DecemBer !3,!' , damages to the .ro.ert@ allegedl@
caused B@ the De:endant, dis.osal costs o: an@ .ro.ert@ le:t Behind, attorne@Cs :ees and costs to the
e,tent legall allo?ed B@ statute or case la?.H +urther, there is no Basis under Ne;ada la? :or such an
a?ard o: :ees, nor has 1ill or BaKer .ro;ided an@ citation :or dis.osal costs, .artiuclarl@ ?here there
inter:erence resulted in the .re;ention o: the remo;al o: .ro.ert@ as detailed in E,hiBit . (enants
?ere entitled to a .reliminar@ inAunction restraining landlords :rom en:orcing the .ro;isions o:
Ne;adaCs landlord lien la?s inso:ar as the@ authoriLed seiLure and sale o: the tenantsC .ro.ert@
?ithout .rior notice and hearing= ho?e;er, under the circumstances disclosed o: record, the
restoration o: tenantsC .ro.ert@ ?ould Be sta@ed until the landlords had a reasonaBle o..ortunit@ to
resol;e the question o: ?hat to return to ?hich o: the tenants, ?ho had se.arated and ?ere in;ol;ed
in a di;orce .roceeding. N.$.". 4'.!& et seq., '%.&' et seq. /dams ;. 3ose.h +. "anson 0n;. Co.,
974, 37* +."u... *. Courts
(he Court 2rdered:
1a;ing considered the e;idence .resented to this .oint and the .arties ha;ing
agreed to allo? the Court to enter an order Based on said e;idence, the Court :inds
that J4%'.'' is :air and reasonaBle com.ensation :or storage o: the .ersonal
.ro.ert@ o: the De:endant :or the .eriod o: No;emBer , !' to No;emBer *,
!'. Based u.on the :oregoing, the Court hereB@ enters the :ollo?ing 2rder: .
(hat the De:endant, Zachar@ Coughl in, shall .a@ the sum o: J4%'.'' in certi:ied
:unds to the -lainti:: at the 5a? 2::ices o: Case@ BaKer on or Be:ore 7ednesda@,
DecemBer !,!' at 4:'' ..m. !. (he -lainti :: shall ha;e the right to ;ideota.e
the .remises :rom 9:'' a.m. to & :'' ..m. on (hursda@, DecemBer !!, !' and
said ;ideo shall include .ersonal and real .ro.ert@= ho?e;er, the@ shall not
identi:@ an@ .ersonal in :ormation o: an@ clients o: the De:endantCs la? .ractice.
*F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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0n addition, the -lainti::, B@ his attorne@s or other authoriLed re.res.entati;e, shall
ha;e the right to ;ideota.e the .ro.ert@ :ollo?ing the remo;al B@ the De:endant o:
his .ersonal .ro.ert@, ?hich shall occur on or Be:ore &:'' ..m. on DecemBer !3 ,
!'. (he .ur.ose o: the ;ideo is to determine ?hether there is an@ damage to the
real or .ersonal .ro.ert@ o: the -lainti::, ?hich shall include all :i,tures and
a..liances that Belong to the -lainti::. 0n addition, the ;ideo shall Be used to ;eri:@
?hat .ro.ert@, i: an@, is le:t on the .remises B@ the De:endant. 3. /n@thing and
e;er@thing le:t on the .ro.ert@ a:ter &:'' ..m. on +rida@, DecemBer !3,!' , ma@
Be dis.osed o: B@ the -lainti:: in his sole discretion. 4. De:endant shall ha;e
access to the .ro.ert@ :rom 9:'' a.m. to &:'' ..m. on (hursda@, DecemBer
!!,!' , to ;ideota.e, i:he desires, the real and .ersonal .ro.ert@ and to remo;e
his .ro.ert@ :rom the .remises. 0n addition, the De:endant shall ha;e :rom 9:''
a.m. to &:'' ..m. on +rida@, DecemBer !3,!' to ;ideota.e and remo;e his
.ro.ert@ :rom the .remises. /ccess ?ill Be .ro;ided B@ a re.resentati;e o: the
landlord, ?ho ?ill unlocK the .ro.ert@ at 9:'' a.m. and locK the .ro.ert@ at &:''
..m. on Both da@s. &. (he 5andlord shall ha;e no liaBilit@ :or an@ inAuries su::ered
B@ De:endant or an@one else during said remo;al .rocess, e,ce.t :or an intentional
tort committed B@ the -lainti:: or his re.resentati;es against the .erson o: the
De:endant and, liKe?ise, the De:endant shall ha;e no liaBilit@ :or an@ inAur@ to the
.erson o: the -lainti::or his agents, e,ce.t :or an intentional tort B@ the De:endant.
+urther, an@one the De:endant authoriLes to Be on the .remises during the .eriod
(hursda@, DecemBer !!nd , :rom 9:'' a.m. to &:'' ..m. and +rida@, DecemBer
!3rd , :rom 9:'' a.m. to &:'' ..m. shall sign the $elease o: 5i aBilit@, attached
hereto as E,hiBit /. 0: an@ third .art@ is on the .remises ?ithout signing the
?ai;er, the@ shall Be tres.assers and the -lainti:: or his agents can ha;e them
remo;ed B@ la? en:o rcement. *. (he De:endant shall not cause an@ damage to the
real .ro.ert@ or .ersonal .ro.ert@ o: the -lainti:: located at ! $i;er $ocK, $eno,
e;ada, :rom this date :or?ard. (he Court ?ill retain Aurisdiction o;er the issue o:
an@ damages caused to the real .ro.ert@ or .ersonal .ro.ert@ o: the landlord
during the remo;al .rocess. 7. (he De:endant shall ha;e no claim :or damages
?ith res.ect to missing or damaged .ersonal .ro.ert@ at ! $i;er $ocK, e,ce.t
:or .ro.ert@ identi:ied B@ him, in ?riting, B@ :'' a.m. on (hursda@, DecemBer
!!,!' B@ email to <r. BaKer, ?ith a co.@ to the Court. (he De:endant reser;es
an@ other claims he has that ma@ not in;ol;e his .ersonal .ro.ert@ located at the
.remises to the e,tent legall@ allo?ed B@ statute or case la?. %. (he -lainti::
reser;es all claims o: an@ nature including, But not limited to, additional storage
:ees :rom No;emBer 7, !' u. until DecemBer !3,!' , damages to the
.ro.ert@ allegedl@ caused B@ the De:endant, dis.osal costs o: an@ .ro.ert@ le:t
Behind, attorne@Cs :ees and costs to the e,tent legall allo?ed B@ statute or case la?.
9ould ;. 7ise, % Ne;. !&3, 3 -. 3' I%%4> O !'PaQ 3ones ;. 2C+arrel, Ne;. 3&4, %*& 75 '&%
I%*&> O !'PBQ $eno -lumBing M 1eating Co. ;. BicKel, && Ne;. 3*7, 3& -.!d 3'! I934> O 7PBQ,
4'PBQ N$" 4'.4'' $ules o: .ractice. (he .ro;isions o: N$", Ne;ada $ules o: Ci;il -rocedure and
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Ne;ada $ules o: /..ellate -rocedure relati;e to ci;il actions, a..eals and ne? trials, so :ar as the@
are not inconsistent ?ith the .ro;isions o: N$" 4'.!!' to 4'.4!', inclusi;e, a..l@ to the .roceedings
mentioned in those sections.
"tate ;. 3ones, 97 -.!d !'', !'9R, %& /riL. 47, 4%'R I/riL. <a@ '7, 99*> IN2. C$)93)'&4)/->
! <ason ;. "chumacher, 439 N.7.!d *, 7', !3 NeB. 9!9, 944, %4 /.5.$.4th *3, *3 INeB. /.r
!7, 9%9> IN2. %7)94> 3 Countr@?ide 1ome 5oans, 0nc. ;. (hitchener, 9! -.3d !43, !&%, !4 Ne;.
7!&, 74% INe;. "e. , !''%> IN2. 4*499> "econdar@ "ources I4."./.> 4 /DD0N9 0N34$6 (2
0N34$6: 0N/DES4/(E -$2(EC(02N 2+ (EN/N("C -$2-E$(6 D4$0N9 EV0C(02N /ND
(1E NEED +2$ $E+2$<, !' 5o@. Consumer 5. $e;. !47, !*9 I!''%> & <otion to Contest
-ersonal .ro.ert@ 5ien and :or $eturn o: -ersonal -ro.ert@ IIII!'>, !''* 75 43%&&34 I"tate
e:orms>, T I!''*> Court Documents /..ellate Court Documents I4."./.> /..ellate Brie:s *
C24N($670DE 12<E 52/N", 0NC., a Ne? 6orK Cor.oration, /..ellantF Cross)$es.ondent, ;.
9erald (10(C1ENE$= 8atrina (hitchener= "te;en 5amB= and 8aitl@n (hitchener,
$es.ondentsFCross)/..ellants., !''7 75 *&!%433, T*&!%433R I/..ellate Brie:> INe;. 2ct '3,
!''7> $es.ondentsF Cross)/..ellantsC $e.l@ Brie: IN2. 4*499> 7 C24N($670DE 12<E
52/N", 0NC., a Ne? 6orK Cor.oration, /..ellantF Cross)$es.ondent, ;. 9erald (10(C1ENE$=
8atrina (hitchener= "te;en 5amB= and 8aitl@n (hitchener, $es.ondentsFCross)/..ellants., !''7 75
*&!%43!, T*&!%43!R I/..ellate Brie:> INe;. "e. !7, !''7> Countr@?ideCs $e.l@ Brie: on /..eal
and /ns?ering Brie: on Cross)/..eal IN2. 4*499> % C24N($670DE 12<E 52/N", 0NC., a
Ne? 6orK Cor.oration, /..ellantF Cross)$es.ondent, ;. 9erald (10(C1ENE$= 8atrina (hitchener=
"te;en 5amB= and 8aitl@n (hitchener, $es.ondentsFCross)/..ellants., !''7 75 *&!%43,
T*&!%43R I/..ellate Brie:> INe;. 3un !, !''7> $es.ondentsF U !' (homson $euters. /ll rights
reser;ed. Cross)/..ellantsC /ns?ering Brie: and 2.ening Brie: IN2. 4*499> 9 Cal;in 70NC1E55,
%F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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and indi;idual dBa, a.B.a. C95 "ea:ood, 0nc., /..ellantF Cross $es.ondent, ;. $enate "C10++,
(rustee, "chi:: -ro.erties, $es.ondentF Cross /..ellant., !''* 75 *!%!49', T*!%!49'R I/..ellate
Brie:> INe;. 2ct 3, !''*> /..ellantCs 2.ening Brie: IN2. 47'*7> (rial Court Documents I4."./.>
(rial -leadings ' 0n $e: /<E$0C/N 50BE$(6 B/05 B2ND", 0NC. a Ne;ada Cor.oration,
DeBtor. $oBert B.<etL, -lainti::, ;. /merican 5iBert@ Bail Bonds, 0nc. 3ohn 8. Ellis, De:endant.,
!''! 75 3!77999!, T3!77999!R I(rial -leading> IBanKr.D.Ne;. "e. '4, !''!> Com.laint
2BAecting to DischargeaBilt@ o: DeBt under 4.".C. VV &!3 Ia>I4>, Ia>I*> IN2. B8)N)'!)&&!7)
97Z> (rial <otions, <emoranda and /::ida;its $oBert B. <E(Z, /..ellant, ;. /<E$0C/N
50BE$(6 B/05 B2ND", 0NC., 3ohn 8. Ellis, /merican 5iBert@ 0n;estments, 0nc. /..ellee., !''&
75 37**3!3, T37**3!3 I(rial <otion, <emorandum and /::ida;it> ID.Ne;. +eB , !''&> 2.ening
Brie: o: /..ellant, $oBert B. <etL IN2. CV)N)'4)'&')5$1, V-C> ! 9erald (10(C1ENE$,
indi;iduall@= 8atrina (hitchener, indi;iduall@= 8atrina (hitchener as 9uardian /d 5item :or "te;en
5amB= and 8atrina (hitchener as 9uardian /d 5item :or 8aitl@n (hitchener, -lainti::s, ;.
C24N($670DE 12<E 52/N", 0NC., a Ne? 6orK cor.oration= Does 0 through V, inclusi;e= and
$oe cor.orations, 0 through V, inclusi;e, De:endants., !''& 75 *!!7744, T*!!7744R I(rial <otion,
<emorandum and /::ida;it> INe;.Dist.Ct. +eB !!, !''&> -lainti::sC 2..osition to De:endantCs
<otion :or -artial "ummar@ 3udgment Den@ing -uniti;e Damages IN2. /479&97> 3 +rederic
/-C/$, an indi;idual, -lainti::, ;. 3ames $4BB0C2, an indi;idual, De:endant= 3ames $uBBico, an
indi;idual, Counterclaimant, ;. +rederic /.car, an indi;idual, Counterde:endant., !''4 75 &33!!%,
T&33!!% I(rial <otion, <emorandum and /::ida;it> INe;.Dist.Ct. "e. !%, !''4> 2..osition to
<otion :or "ummar@ 3udgment B@ 3ames $uBBico IN2. /47*%!3> "tatutes and Court $ules I4."./.>
4 NV "( 4'.!&3= 4'.!&3. 4nla?:ul detainer: "u..lemental remed@ o: summar@ e;iction and
e,clusion o: tenant :or de:ault in .a@ment o: rent & NV "( %/.4&'= %/
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N$C- $45E &9. NE7 ($0/5"= /<END<EN( 2+ 34D9<EN(" (e,t Ia> 9rounds. / ne? trial
ma@ Be granted to all or an@ o: the .arties and on all or .art o: the issues :or an@ o: the :ollo?ing
causes or grounds materiall@ a::ecting the suBstantial rights o: an aggrie;ed .art@: I> 0rregularit@ in
the .roceedings o: the court, Aur@, master, or ad;erse .art@, or an@ order o: the court, or master, or
aBuse o: discretion B@ ?hich either .art@ ?as .re;ented :rom ha;ing a :air trial= I!> <isconduct o:
the Aur@ or .re;ailing .art@= I3> /ccident or sur.rise ?hich ordinar@ .rudence could not ha;e guarded
against= I4> Ne?l@ disco;ered e;idence material :or the .art@ maKing the motion ?hich the .art@
could not, ?ith reasonaBle diligence, ha;e disco;ered and .roduced at the trial= I&> <ani:est
disregard B@ the Aur@ o: the instructions o: the court= I*> E,cessi;e damages a..earing to ha;e Been
gi;en under the in:luence o: .assion or .reAudice= or, I7> Error in la? occurring at the trial and
oBAected to B@ the .art@ maKing the motion. 2n a motion :or a ne? trial in an action tried ?ithout a
Aur@, the court ma@ o.en the Audgment i: one has Been entered, taKe additional testimon@, amend
:indings o: :act and conclusions o: la? or maKe ne? :indings and conclusions, and direct the entr@ o:
a ne? Audgment. P/s amended= e::ecti;e 3anuar@ , !''&.Q IB> (ime :or <otion. / motion :or a ne?
trial shall Be :iled no later than ' da@s a:ter ser;ice o: ?ritten notice o: the entr@ o: the Audgment.
P/s amended= e::ecti;e 3anuar@ , !''&.Q Ic> (ime :or "er;ing /::ida;its. 7hen a motion :or ne?
trial is Based u.on a::ida;its the@ shall Be :iled ?ith the motion. (he o..osing .art@ has ' da@s a:ter
ser;ice ?ithin ?hich to :ile o..osing a::ida;its, ?hich .eriod ma@ Be e,tended :or an additional
.eriod not e,ceeding !' da@s either B@ the court :or good cause sho?n or B@ the .arties B@ ?ritten
sti.ulation. (he court ma@ .ermit re.l@ a::ida;its. P/s amended= e::ecti;e 3anuar@ , !''&.Q Id> 2n
'F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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CourtDs 0nitiati;e= Notice= ".eci:@ing 9rounds. No later than ' da@s a:ter entr@ o: Audgment the
court, on its o?n, ma@ order a ne? trial :or an@ reason that ?ould Austi:@ granting one on a .art@Ds
motion. /:ter gi;ing the .arties notice and an o..ortunit@ to Be heard, the court ma@ grant a timel@
motion :or a ne? trial :or a reason not stated in the motion. 7hen granting a ne? trial on its o?n
initiati;e or :or a reason not stated in a motion, the court shall s.eci:@ the grounds in its order.
P/dded= e::ecti;e 3anuar@ , !''&.Q Ie> <otion to /lter or /mend a 3udgment. / motion to alter or
amend the Audgment shall Be :iled no later than ' da@s a:ter ser;ice o: ?ritten notice o: entr@ o: the
Audgment. $45E *'. $E50E+ +$2< 34D9<EN( 2$ 2$DE$ (e,t Ia> Clerical <istaKes. Clerical
mistaKes in Audgments, orders or other .arts o: the record and errors therein arising :rom o;ersight or
omission ma@ Be corrected B@ the court at an@ time o: its o?n initiati;e or on the motion o: an@ .art@
and a:ter such notice, i: an@, as the court orders. During the .endenc@ o: an a..eal, such mistaKes
ma@ Be so corrected Be:ore the a..eal is docKeted in the a..ellate court, and therea:ter ?hile the
a..eal is .ending ma@ Be so corrected ?ith lea;e o: the a..ellate court. IB> <istaKes= 0nad;ertence=
E,cusaBle Neglect= Ne?l@ Disco;ered E;idence= +raud, Etc. 2n motion and u.on such terms as are
Aust, the court ma@ relie;e a .art@ or a .art@Ds legal re.resentati;e :rom a :inal Audgment, order, or
.roceeding :or the :ollo?ing reasons: I> mistaKe, inad;ertence, sur.rise, or e,cusaBle neglect= I!>
ne?l@ disco;ered e;idence ?hich B@ due diligence could not ha;e Been disco;ered in time to mo;e
:or a ne? trial under $ule &9IB>= I3> :raud I?hether hereto:ore denominated intrinsic or e,trinsic>,
misre.resentation or other misconduct o: an ad;erse .art@= I4> the Audgment is ;oid= or, I&> the
Audgment has Been satis:ied, released, or discharged, or a .rior Audgment u.on ?hich it is Based has
Been re;ersed or other?ise ;acated, or it is no longer equitaBle that an inAunction should ha;e
.ros.ecti;e a..lication. (he motion shall Be made ?ithin a reasonaBle time, and :or reasons I>, I!>,
and I3> not more than * months a:ter the .roceeding ?as taKen or the date that ?ritten notice o: entr@
F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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o: the Audgment or order ?as ser;ed. / motion under this suBdi;ision IB> does not a::ect the :inalit@
o: a Audgment or sus.end its o.eration. (his rule does not limit the .o?er o: a court to entertain an
inde.endent action to relie;e a .art@ :rom a Audgment, order, or .roceeding, or to set aside a
Audgment :or :raud u.on the court. 7rits o: coram noBis, coram ;oBis, audita querela, and Bills o:
re;ie? and Bills in the nature o: a Bill o: re;ie?, are aBolished, and the .rocedure :or oBtaining an@
relie: :rom a Audgment shall Be B@ motion as .rescriBed in these rules or B@ an inde.endent action.
P/s amended= e::ecti;e 3anuar@ , !''&.Q Ic> De:ault 3udgments: De:endant Not -ersonall@ "er;ed.
7hen a de:ault Audgment shall ha;e Been taKen against an@ .art@ ?ho ?as not .ersonall@ ser;ed ?ith
summons and com.laint, either in the "tate o: Ne;ada or in an@ other Aurisdiction, and ?ho has not
entered a general a..earance in the action, the court, a:ter notice to the ad;erse .art@, u.on motion
made ?ithin * months a:ter the date o: ser;ice o: ?ritten notice o: entr@ o: such Audgment, ma@
;acate such Audgment and allo? the .art@ or the .art@Ds legal re.resentati;es to ans?er to the merits
o: the original action. 7hen, ho?e;er, a .art@ has Been .ersonall@ ser;ed ?ith summons and
com.laint, either in the "tate o: Ne;ada or in an@ other Aurisdiction, the .art@ must maKe a..lication
to Be relie;ed :rom a de:ault, a Audgment, an order, or other .roceeding taKen against the .art@, or :or
.ermission to :ile an ans?er, in accordance ?ith the .ro;isions o: suBdi;ision IB> o: this rule. P/s
amended= e::ecti;e 3anuar@ , !''&.Q Id> De:ault 3udgments: <odi:ication Nunc -ro (unc. 7hene;er
a de:ault Audgment or decree has Been entered, the .art@ or .arties in de:ault therein ma@ at an@ time
therea:ter, u.on ?ritten consent o: the .art@ or .arties in ?hose :a;or Audgment or decree has Been
entered, enter general a..earance in the action, and the general a..earance so entered shall ha;e the
same :orce and e::ect as i: entered at the .ro.er time .rior to the rendition o: the Audgment or decree.
2n such a..earance Being entered the court ma@ maKe and enter a modi:ied Audgment or decree to
the e,tent onl@ o: sho?ing such general a..earance on the .art o: the .art@ or .arties in de:ault, and
!F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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it shall Be entered nunc .ro tunc as o: the date o: the original Audgment or decree= .ro;ided, ho?e;er,
that nothing herein contained shall .re;ent the court :rom modi:@ing such Audgment or decree as
sti.ulated and agreed in ?riting B@ the .arties to such action, and in accordance ?ith the terms o:
such ?ritten sti.ulation and agreement.
. Nothing in <erlissF1ills ridiculous <otion to "ho? Cause is admitted, e;er@thing is o..osed.
1ill maKes Baseless allegations o: the undersigned Gl@ingH @et he ne;er gets around to .ointing out
?hat e,actl@ is a lie, BaKer does the same.
(he undersigned hereB@ de.osited J!&' ?ith the $eno 3ustice Court, ?hereu.on N$" 4'.3%&
requires a sta@ Be granted, unless the $3C ?ants to sa@ Coughlin is a commercial tenant, in ?hich
case, a "ummar@ E;iction -roceeding ?as im.ermissiBle ?here onl@ a No Cause E;iction Notice
?as :iled. 0+ there is amBiguit@ in the lease, summar@ Audgment is not a..ro.riate, issue o: la? and
:act not ?ell suited to summar@ .roceedings.
(he undersigned N$" 4'.3%' -ro;isions go;erning a..eals. Either .art@ ma@, ?ithin ' da@s,
a..eal :rom the Audgment rendered. But an a..eal B@ the de:endant shall not sta@ the e,ecution o: the
Audgment, unless, ?ithin the ' da@s, the de:endant shall e,ecute and :ile ?ith the court or Austice the
de:endantDs undertaKing to the .lainti::, ?ith t?o or more sureties, in an amount to Be :i,ed B@ the
court or Austice, But ?hich shall not Be less than t?ice the amount o: the Audgment and costs, to the
e::ect that, i: the Audgment a..ealed :rom Be a::irmed or the a..eal Be dismissed, the a..ellant ?ill
.a@ the Audgment and the cost o: a..eal, the ;alue o: the use and occu.ation o: the .ro.ert@, and
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damages Austl@ accruing to the .lainti:: during the .endenc@ o: the a..eal. 4.on taKing the a..eal
and :iling the undertaKing, all :urther .roceedings in the case shall Be sta@ed.
N$" 4'.3%& "ta@ o: e,ecution u.on a..eal= dut@ o: tenant ?ho retains .ossession o: .remises to
.a@ rent during sta@. 4.on an a..eal :rom an order entered .ursuant to N$" 4'.!&3:
. E,ce.t as other?ise .ro;ided in this suBsection, a sta@ o: e,ecution ma@ Be oBtained B@ :iling
?ith the trial court a Bond in the amount o: J!&' to co;er the e,.ected costs on a..eal. 0n an action
concerning a lease o: commercial .ro.ert@ or an@ other .ro.ert@ :or ?hich the monthl@ rent e,ceeds
J,''', the court ma@, u.on its o?n motion or that o: a .art@, and u.on a sho?ing o: good cause,
order an additional Bond to Be .osted to co;er the e,.ected costs on a..eal. / suret@ u.on the Bond
suBmits to the Aurisdiction o: the a..ellate court and irre;ocaBl@ a..oints the clerK o: that court as the
suret@Ds agent u.on ?hom .a.ers a::ecting the suret@Ds liaBilit@ u.on the Bond ma@ Be ser;ed.
5iaBilit@ o: a suret@ ma@ Be en:orced, or the Bond ma@ Be released, on motion in the a..ellate court
?ithout inde.endent action.
!. / tenant ?ho retains .ossession o: the .remises that are the suBAect o: the a..eal during the
.endenc@ o: the a..eal shall .a@ to the landlord rent in the amount .ro;ided in the underl@ing
contract Bet?een the tenant and the landlord as it Becomes due. 0: the tenant :ails to .a@ such rent, the
landlord ma@ initiate ne? .roceedings :or a summar@ e;iction B@ ser;ing the tenant ?ith a ne?
notice .ursuant to N$" 4'.!&3.
EstaBlishing ;alue o: .ro.ert@ con;erted: Commercial tenant ?as entitled to ;alue o: certain items
o: .ersonal .ro.ert@ lost during course o: ?rong:ul e;iction, des.ite lacK o: documentation sho?ing
the e,act .rice .aid, ?here testimon@ o: tenantCs .rinci.al, ?ho ?as also a certi:ied .uBlic
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accountant, as to the articles o: equi.ment .urchased and their .rices and the documentar@ e;idence
as to their resale ;alue three @ears a:ter their .urchase, ?as unreButted B@ landlords, and no .roo: ?as
adduced to sho? that the articles ?ere not in :act .urchased or that their ;alue had Been in:lated.
North <ain "treet Bagel Cor.. ;. Duncan, 37 /.D.3d 7%&, %3 N.6.".!d !39 I!d De.Ct !''7>= 7estCs
8e@ NumBer Digest, 5andlord and (enant !7%. P(o. o: "ectionQ PEND 2+ "4--5E<EN(Q 0V.
<2DE5 -5E/D0N9" N 37. 9eneral :orm o: com.laint alleging landlordCs con;ersion o: tenantsCs
.ersonal .ro.ert@ (he :ollo?ing is a general :orm o: com.laint :or a tenantCs action seeKing damages
:or a landlordCs con;ersion o: the tenantCs .ersonal .ro.ert@: P(itle o: court and case name omitted.Q
C2<-5/0N( -lainti::, P.lainti:: tenantQ, B@ ?a@ o: com.laint against the De:endant, Pde:endant
landlordQ, sa@s: . -lainti:: resides at PaddressQ, PCit@Q, PCount@Q, P"tateQ. !. De:endant resides at
PaddressQ, PCit@Q, PCount@Q, P"tateQ. 3. +rom PdateQ to PdateQ, .lainti:: occu.ied, as de:endantCs tenant,
de:endantCs house located at PaddressQ, PCit@Q, PCount@Q, P"tateQ. 4. 2n PdateQ, de:endant terminated
the tenanc@, reentered the house, and tooK .ossession o: the house and all o: .lainti::Cs .ersonal
.ro.ert@. &. 2n that date, the :ollo?ing items o: .ersonal .ro.ert@ in the house ?ere o?ned solel@ B@
.lainti::: Plist .lainti::Cs .ro.ert@Q. (he reasonaBle ;alue o: the .ro.ert@ on that date ?as Pdollar
amountQ. *. /t the time de:endant tooK .ossession o: the house, .lainti:: attem.ted to remo;e the
.ersonal .ro.ert@ :rom the house, But de:endant ?rong:ull@ re:used to .ermit such remo;al and
unla?:ull@ con;erted the .ersonal .ro.ert@ to de:endantCs o?n use. -lainti:: has demanded that
de:endant .ermit .lainti::Cs remo;al o: .lainti::Cs .ersonal .ro.ert@ :rom the house, or surrender
.ossession o: the .ersonal .ro.ert@ to .lainti::, But de:endant, ?ith ?ill:ul disregard o: .lainti::Cs
legal right to .ossession o: the .ersonal .ro.ert@, has re:used and :ailed either to .ermit .lainti:: to
remo;e it :rom the house or to surrender its .ossession to .lainti:: and still re:uses to do so. 7. B@
reason o: de:endantCs ?ill:ul con;ersion o: the .ro.ert@ o: .lainti::, ?ith Kno?ledge o: .lainti::Cs
&F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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o?nershi., and ?ithout regard to .lainti::Cs legal right to its .ossession, .lainti:: is entitled to
com.ensator@ damages in the amount o: Pdollar amountQ and e,em.lar@ damages in the amount o:
Pdollar amountQ :rom de:endant. 71E$E+2$E, .lainti:: requests: . 3udgment against de:endant :or
com.ensator@ damages in the amount o: Pdollar amountQ= !. 3udgment against de:endant :or
e,em.lar@ damages in the amount o: Pdollar amountQ= 3. /?ard to .lainti:: o: costs o: this
.roceeding= and 4. "uch other and :urther relie: as the court ma@ deem Aust and .ro.er. PName o:
5a? +irmQ B6: P"ignatureQ PName o: /ttorne@Q Dated: N 3%. Com.laint seeKing com.ensator@ and
.uniti;e damages :or landlordCs con;ersion o: tenantCs .ersonal .ro.ert@ (he :ollo?ing is an
illustrati;e com.laint :or an action in ?hich a tenant is seeKing com.ensator@ and .uniti;e damages
:or a landlordCs con;ersion o: the tenantCs .ersonal .ro.ert@: P(itle o: court and case name omitted.Q
C2<-5/0N( -lainti::, P.lainti:: tenantQ, B@ ?a@ o: com.laint against the De:endant, Pde:endant
landlordQ, sa@s: . -lainti:: resides at PaddressQ, PCit@Q, PCount@Q, P"tateQ. !. De:endant resides at
PaddressQ, PCit@Q, PCount@Q, P"tateQ. 3. /t the times mentioned, de:endant o?ned, managed, and
controlled the PnameQ Building, containing multi.le rental units :or residential .ur.oses, at PaddressQ,
PCit@Q, PCount@Q, P"tateQ. 4. 2n or aBout PdateQ, de:endant orall@ agreed to lease to .lainti:: a.artment
PnumBerQ in the Building on a month)to)month Basis at a rent o: Pdollar amountQ, .a@aBle monthl@ in
ad;ance on the Pidenti:@ da@ o: each monthQ. &. 2n PdateQ, .lainti:: .aid to de:endant Pdollar amountQ
:or the :irst monthCs rent :or a.artment PnumBerQ and tooK .ossession .ursuant to the oral agreement.
*. 2n or aBout PdateQ, ?hile .lainti:: ?as aBsent :rom the a.artment, de:endant, ?ithout notice to
.lainti:: and ?ithout .lainti::Cs consent, entered the a.artment, caused the locK on the a.artment door
to Be changed, and locKed .lainti:: out o: the a.artment. +urther, de:endant remo;ed :rom, and
a..ro.riated .lainti::Cs .ersonal .ro.ert@ in, the a.artment and ad;ised .lainti:: that the .ersonal
.ro.ert@ ?ould not Be returned unless .lainti:: .aid to de:endant an additional Pdollar amountQ. 7.
*F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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(he remo;al and a..ro.riation o: .lainti::Cs .ersonal .ro.ert@, suBAect to return on .lainti::Cs .a@ment
o: Pdollar amountQ, ?as ?ithout legal right and constituted a con;ersion o: .lainti::Cs .ro.ert@. (he
reasonaBle ;alue o: .lainti::Cs .ro.ert@ so con;erted B@ de:endant is Pdollar amountQ and .lainti:: is
entitled to damages :rom de:endant :or that amount. %. 0n locKing .lainti:: out o: a.artment PnumBerQ
and con;erting .lainti::Cs .ersonal .ro.ert@, de:endant acted maliciousl@, ?ithout .roBaBle cause,
?ithout regard to .lainti::Cs legal rights and :eelings, ?ith the intent to o..ress .lainti::, and ?ith the
Kno?ledge that it ?ould Be di::icult and more e,.ensi;e, or .erha.s e;en im.ossiBle, :or .lainti:: to
secure ?ithout notice a suitaBle residence ?ithin the locale. (hese acts ?ere committed B@ de:endant
?ith the intent, design, and .ur.ose to inAure .lainti::, and, :or this reason, .lainti:: is entitled to
Pdollar amountQ in .uniti;e damages :rom de:endant. 71E$E+2$E, .lainti:: requests: . 3udgment
against de:endant in the sum o: Pdollar amountQ :or com.ensator@ damages= !. 3udgment against
de:endant in the sum o: Pdollar amountQ :or .uniti;e damages= 3. /?ard to .lainti:: o: costs o: this
.roceeding= and 4. "uch other and :urther relie: as the court ma@ deem Aust and .ro.er.
N$" 4'.39' /..ellate court not to dismiss or quash .roceedings :or ?ant o: :orm. 0n all cases o:
a..eal under N$" 4'.!!' to 4'.4!', inclusi;e, the a..ellate court shall not dismiss or quash the
.roceedings :or ?ant o: :orm, .ro;ided the .roceedings ha;e Been conducted suBstantiall@ according
to the .ro;isions o: N$" 4'.!!' to 4'.4!', inclusi;e= and amendments to the com.laint, ans?er or
summons, in matters o: :orm onl@, ma@ Be allo?ed B@ the court at an@ time Be:ore :inal Audgment
u.on such terms as ma@ Be Aust= and all matters o: e,cuse, Austi:ication or a;oidance o: the allegations
in the com.laint ma@ Be gi;en in e;idence under the ans?er.
N$" 4'.4'' $ules o: .ractice. (he .ro;isions o: N$", Ne;ada $ules o: Ci;il -rocedure and
Ne;ada $ules o: /..ellate -rocedure relati;e to ci;il actions, a..eals and ne? trials, so :ar as the@
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are not inconsistent ?ith the .ro;isions o: N$" 4'.!!' to 4'.4!', inclusi;e, a..l@ to the .roceedings
mentioned in those sections.
(he undersigned hereB@ de.osited J!&' ?ith the $eno 3ustice Court, ?hereu.on N$" 4'.3%&
requires a sta@ Be granted, unless the $3C ?ants to sa@ Coughlin is a commercial tenant, in ?hich
case, a "ummar@ E;iction -roceeding ?as im.ermissiBle ?here onl@ a No Cause E;iction Notice
?as :iled. 0+ there is amBiguit@ in the lease, summar@ Audgment is not a..ro.riate, issue o: la? and
:act not ?ell suited to summar@ .roceedings.
AFFIRMATION P)*s)"!t to NRS 829:;323
(he undersigned does hereB@ a::irm that the .receding document does not contain
the social securit@ numBer o: an@ .erson.
D/(ED this 3'
th
da@ o: DecemBer, !',
WFsF Zach Coughlin
Zach Coughlin
Te!"!t<Co)!te*#$"%("!t<A,,e$$"!t
%F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
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-$22+ 2+ "E$V0CE
0, Zach Coughlin, declare:
2n DecemBer 3', !', 0, <r. Zach Coughlin ser;ed the :oregoing Mot%o! to A(e!d, Set
As%de, Mot%o! /o* New T*%"$<He"*%!', Not%#e o/ A,,e"$ RJC O*de* o/ De#e(5e* 8=, 83==,
Mot%o! to Sow C")se B@ de.ositing a true and correct co.@ :or mailing in the 4nited "tates .ostal
mail to:
$ichard 9. 1ill, Esq.
Case@ D. BaKer, Esq.
*&! +orest "treet
$eno, NV %9&'9
/ttorne@s :or <atthe? <erliss
Dated this 3'
nd
o: DecemBer, !'
)))))))))))))))))))))))))))))
Zach Coughlin
-lainti::
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INDE> TO E>H:ITS
=; =? PAGE FA> TO RJC AND RICHARD HILL<CASEY :A@ER, MERLISSAS
ATTORNEYS 1ITH =B PAGES OF EMAIL RELATED TO THIS MOTION, FA>ED
=8 8C ==
!'F!' AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
EXHIBIT 1
F I L E D
Electronically
12-30-2011:08:58:22 AM
Craig Franden
Clerk of the Court
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
a!"#o$g"lin%"ot&ail.!o&
Ne'a(a )ar No: 9473
FAX COVER SHEET
DATE: Decembe !", #$!!
TO: Case% &a'e, Esq.
FAX (O: ))* +,- $-*-
cc: Reno .us/ice Cou/ 0ia 1a2 /o ))* +#* 3)!*
Oiginal 4ill no/ 1ollo4.
!* 5age 1a2 6/his 5age 5lus !, 5ages o1 emails a//ache78
RE: .REV#$!!$$)$- in Reno .us/ice Cou/
9 :A(T THE REST OF ;< =RO=ERT< AT !#! R9VER ROC> ST.? DO (OT THRO: 9T A:A<@@@@@ AASO, <OB O:E ;E ;< SECBR9T<
DE=OS9T, <OBR +$ DA<S TO =ROV9DE A :R9TTE( ACCOB(T9(C OF HO: 9T :AS BSED HAS =ASSED :9THOBT <OBR
DO9(C SO, =A< ;E ;< D)$$ DE=OS9T 9;;ED9ATEA< OR 9 :9AA TA>E AECAA ACT9O(
*ear +r. )a,er,
- (e&an( t"e ret$rn of &. /700 0e!$rit. (e1o0it i&&e(iatel.. 2o$ an( .o$r !lient fa!e 1enaltie0 for
.o$r fail$re to 1ro'i(e a 3ritten a!!o$nting 3it" ite&i4ation0 relate( to t"e 0e!$rit. (e1o0it 3it"in 30
(a.0 of No'e&5er 1, 2011. 2o$ faile( to (o to, an( no3 .o$ &$0t ret$rn t"e &one. to &e,
i&&e(iatel.. 2o$ an( +r. 6ill interfere( 3it" &. a!!e00 to t"e 1ro1ert. a0 (etaile( in t"e e&ail0
atta!"e( to t"i0 fax. Note t"e e&ail0 atta!"e( !on0i0t of 14 1age0, (e01ite t"e "ea(er on t"e e&ail0
in(i!ating t"e. are 30 1age0, a0 - re&o'e( 1age0 of 78$itar #enter9 a((0, et!. t"at 3ere 1art of t"e
atta!"&ent relate( to t"e :ine 6 a&1lifier, for 5re'it.;0 0a,e. - <$0t nee(=3ant a5o$t 8-16, &ore "o$r0
a!!e00 to t"e 1ro1ert. to get &. 1ro1ert.. >"e 1ro1ert. 3a0 not (a&age( ($ring t"e a!!e00 1ro'i(e(
on >"$r0(a. an( ?ri(a., *e!e&5er 22-23, 2011, an( &$!" 3a0 re&o'e(. @lea0e <$0t let &e get t"e re0t
of &. 1ro1ert. an( (o not in!$r an. &ore nee(le00 lia5ilit. on .o$r !lient;0 5e"alf 5. ref$0ing &e t"i0
0i&1le reA$e0t.
Sin!erel.,
a!" #o$g"lin, B0A.
1
invenotry of missing personal property continued: sony DCR-DVD610 with
8gb duo memory card
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/25/11 5:22 PM
To: psferrazza@washoecounty.us; cdbaker@richardhillaw.com
Dear J udge Sferrazza and Mr. Baker,

There is a very sentimental hand drawn picture/caricture of my former girlfriend and cotenant of 5 years Melissa
Ulloa and myself that I believe I forgot to grab on my hurried way out near 5:00pm on Friday. It was resting above
the crown modling atop the area attaching the dining room to the kitchen, where dishes were stored, in the dining
room area, it is a picture of her and I (she has glasses on in it) and I would very much like the opportunity to
retrieve it. It would have been one of the first things grabbed, but I wanted to place it some place where it would
not get bent or damaged and decided it would be safest to bring it in my uhaul's cab near the end of this moving
ordeal, but I am afraid I did not get a chance to grab it before Richard Hill showed up with Casey Baker in tow and
video cameras. How it was at all fair to expect me to enter my former home and law office, which has been
completely turned upside down by a burglary that was able to occure due to Baker and Hill's negligence, then
demand that I ignore that extremely emotionally upsetting occurance and immediately conduvct some crack
inventory of items damaged or stolen, all in less than an hour (after accounting for the travel time to get to
somewhere to send the Court and Baker an email inventory and the time that Richard Hill remained on the property
after 9 am on Thursday) is not at all clear to me.

In addition to the items previously disclosed as missing or damaged is the following, which is missing:
http://www.amazon.com/Sony-DCR-DVD610-Handycam-Camcorder-Optical/dp/tech-
data/B00123Q8YQ/ref=de_a_smtd
That is a Sony DCR-DVD610. It had a somewhat expensive media card in it, which sentimental and work related
media on it that is irreplaceable. The card itself (and this camera had one inside and one taped to it) cost money
too:
http://www.amazon.com/SanDisk-16GB-Memory-Stick-PRO/dp/B00488CN1O/ref=sr_1_12?s=electronics&ie=UTF8&qid=1324862012&sr=1-12
I believe one of the microphones previously indicated as missing has been found, a Shure SM58a, however, I have
not been able to test whether it is damaged or not, yet).
Two of these are missing as well: http://www.amazon.com/SanDisk-Cruzer-Flash-Drive-SDCZ36-032G-
A11/dp/B001T9CTS2/ref=sr_1_2?s=electronics&ie=UTF8&qid=1324862190&sr=1-2 at a current price of $27 per
on amazon, however, media and files were on those that is irreplaceable and valuable to me.
The mold that I wrote to Merliss of on May 14, 2011 is in a very large clear bag on the property. The original
carpet, the 100% nylon brown shag, slumlord 101 carept is on the property as well and should be retained should
Dr. Merliss want it. That carpet became moldy and had a poor smell when Merliss' handyman twice flooded (on
two separate occasions) the washing machine in the kitchen). I wouldlike my car seats and other items that are still
on the property for which Richard Hill and Casey Baker's interference preveneted me from having adequate time
and access to remove such.
Additionally, while I have not conducted a complete review of all my hard drives, the desktops hard drive indicates
file on it were modified on at least two occasions while in Hill and Baker's custody, both on December 6th, and
December 14th, 2011. This is completely unacceptable.
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
Page 1of 30 Hotmail Print Message
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473
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From: zachcoughlin@hotmail.com
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; psferrazza@washoecounty.us
Subject: interference with my right to get my property
Date: Sat, 24 Dec 2011 01:44:51 -0800

Some of my property remains on the premises. I want access to it, some of it, I believe even
involves both my law practice and my mattress business, and reserve my rights to sue for
damages, even the consequential/punitive kind in the Schiff case where a seafood distributor in
Nevada was awared as damages the entire value of his business, which went under as a result of a
Landlord's nefarious deeds. My rights under the Court's Order of December 21, 2011 where
interferred with. To wit, Richard Hill's contractor, for some strange reason, removed a ladder I
own from the property, preventing my access to the attic. Further, the entire back porch remained
boarded up during the entirety of my access to the property this Thursday and Friday, that
prevented me from both removing my property and in returning Dr. Merliss's property to the state
I would have liked to leave it in. Additionally, despite not having a chained padlock on the back
fence for the vast majority of the time theproperty was unoccupied, even where refusing to let me
so secure the property, all of the sudden, a chain link padlocked is secured to the backyard/porch
gate when it comes time for me to be allowed to access the property and remove my belongs.
Neither Hill or Baker responded to my calls and written, hand delivered requests for them to
remove the lock from the back gate until it was far too late to avoid interfering with my rights
under the Order, nor did either of them ever have the door the house on the back porch be put in
an accessible state, as it remained boarded up.
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402

RE: interference with my right to get my property
Nevada Bar No: 9473
From: Richard Hill (rhill@richardhillaw.com)
Sent: Sat 12/24/11 6:29 AM
To: zachcoughlin@hotmail.com
your lying knows no bounds - does it?
you need to take stock of yourself.
just where do you think you will be in 5 years??

stay away from the property!

From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Saturday, December 24, 2011 1:45 AM
To: Richard Hill; cdbaker@richardhillaw.com; psferrazza@washoecounty.us

fence for the vast majority of the time the propertywas unoccupied, even where refusing to let me
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775229-6737

interference with my right to get my property
fax: 949 667 7402
Nevada Bar No: 9473
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.1873 / Virus Database: 2109/4700 - Release Date: 12/24/11
Sent: Sat 12/24/11 1:44 AM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com; psferrazza@washoecounty.us
fence for the vast majority of the time theproperty was unoccupied, even where refusing to let me
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402

River rock

RE: inventory continued
Nevada Bar No: 9473
Sent: Fri 12/23/11 11:18 AM
Cc: 'Casey Baker' (cdbaker@richardhillaw.com)
Mr coughl i n - r epor t s r each me t hat you have peopl e over at t he pr oper t y
hel pi ng you move.
Pl ease be sur e t hat each of t hemsi gns of f on t he f or mas or der ed by t he
j udge.
Thank you i n advance f or your cont i nued cour t esi es & cooper at i on
Rgh
CONFI DENTI AL: ATTORNEY WORK PRODUCT; ATTORNEY- CLI ENT PRI VI LEGE
Thi s e- mai l may cont ai n l egal l y pr i vi l eged or conf i dent i al i nf or mat i on. I f
you ar e not t he i nt ended r eci pi ent , pl ease do not r ead, copy, use, or
di scl ose t hi s communi cat i on t o anyone ot her t han t he i nt ended r eci pi ent . I f
you have r ecei ved t hi s message i n er r or , pl ease not i f y t he sender and del et e
t he emai l message f r omyour syst em. Thank you.
Ci r cul ar 230 Not i ce.
To ensur e compl i ance wi t h r equi r ement s i mposed by t he I RS, we i nf or myou
t hat any U. S. f eder al t ax advi ce cont ai ned i n t hi s communi cat i on ( i ncl udi ng
any at t achment s) i s not i nt ended or wr i t t en t o be used, and cannot be used,
f or t he pur pose of ( i ) avoi di ng penal t i es under t he I nt er nal Revenue Code or
( i i ) pr omot i ng, mar ket i ng or r ecommendi ng t o anot her par t y any t r ansact i on
or mat t er addr essed her ei n.
Sent: Fri 12/23/11 2:33 AM
5 attachments
IMG_20110522_163658 missing items Onkyo receiver tuner Sony subwoofer Technic speaker.jpg (750.3 KB) , IMG_20110818_205455
Toshiba 62hm15a hdtv.jpg (1075.7 KB) , Line 6 Spider III 15 15W 1x8 Guitar Combo Amp and more Guitar Amplifiers at
GuitarCenter_com.htm (146.2 KB) , receipt for purchase of lamp for Toshiba 62HM15A $87.pdf (31.7 KB) , IMG_20110818_203900 hdtv
52 inch in back bedroom.jpg (234.7 KB)

I am writing to further supplement and clarify the inventory of items missing. Mr. Baker and Mr. Hill, please know YOU ARE PLACED ON A
LITIGATION HOLD NOTICE REQUIRING YOU TO RETAIN AND PRODUCE ALL PHOTOGRAPHIC/VIDEO/AUDIO EVIDENCE YOU OR YOUR
AGENTS HAVE COMPILED TO THIS DATE AND IN THE FUTURE, ESPECIALLY WITH RESPECT TO PERSONAL PROPERTY ON THE PREMISES,
INCLUDING ANY EVIDENCE WHICH REFLECTS UPON WHAT WAS STOLEN OR DAMAGED INCIDENT TO THE BURGLARY OF APPROXIMATELY
DECEMBER 12TH, 2011 (INCLUDING THE POLICE REPORTS YOU SHOULD HAVE MADE). I reserve the right to update this inventory if any of
these items are found, or if others are discovered lost or damaged

I hereby reserve the right to amend this inventory should any of these items turn up under some of the "rifled" through, the use Casey Baker,
Esq.'s expression property, that was completely strewn about the premises. But I doubt they will.

Amongst the items that were missing upon what was obviously an upsetting emotional hurried inventory (you can imagine going into your
home and seeing it look like it been subject to an extensive burglary), were:
http://www.zzounds.com/item--CASPX330 That is the 88 key keyboard, with hammer weighted action, Casio Previa PX-330 that sat atop the
desk in the front office is missing, very obviously
http://www.musiciansfriend.com/accessories/lr-baggs-dual-source-system That LR Baggs Dual Source blend system was put into the Charvel
acoustic "cutaway" guitar that is missing, which was in the front office, and was in excellent condition, in addition to having the expensive after
market LR Baggs dual source system added to it: http://en.allexperts.com/q/Guitar-General-649/Charvel-jackson-guitar.htm-Drive/13055863
http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm I had just purchased a new lamp for that television. Please see attached receipt
for that lamp and attached picture of that Toshiba 62 inch television.
http://www.guitarcenter.com/Line-6-Spider-III-15-15W-1x8-Guitar-Combo-Amp-482276-i1979323.gc That is a Line 6 Spyder III guitar amplifier
that is missing
http://reviews.cnet.com/projection-tvs/samsung-hl-p5685w-56/4505-6484_7-31008492.html?tag=subnav I did not see this Samsung HLP5685
W hdtv dlp at the property. I want to verify tomorrow that it is for sure gone (Yes, its a large television, but it the top had been temporarily
removed from its pedestal.
Additionally, amongst the items that were "rifled" through incident to the burglary was an AKG C300B microphone that is heavily scratched up
and is obviously damaged:
http://www.sweetwater.com/store/detail/C3000B/?
utm_source=Google&utm_medium=PPC&utm_campaign=livesound&utm_term=akg_c_3000_b&adpos=1t1&gclid=CJ6S_4rkl60CFQ5lhwodV2YG4w
missing speaker as well technic sb-2840
Sony power subwoofer (see picture attached of Onkyo Receiver stacked audio system)
I believe a 1000W Sony Xplod Car Audio 12 inch subwoofer, new in box was taken as well, it retailed for, I believe, about $75 after taxes:
http://www.walmart.com/ip/Sony-Xplod-XS-GTX120LW-12-Car-Subwoofer/12016333
A Sony audio receiver appears to be damaged, I will provide the model number later.
http://www.amazon.com/Philips-32PFL3505D-F7-32-Inch-Black/dp/B003IT6Z40 That is the model of the manufacture in 2010 Phillips 32 inch
lcd television/computer monitor that was utilized in a dual screen display setup at the lawyer's desk in the commercial law office at 121 River
Rock St. Mr. Baker correctly identified it as missing after the break in, as he did the 62HM15A Toshiba HDTV in the living room, and the various
audio receivers, etc. in Mr. Bakers attached December 14th, email (attached and admitted into evidence along with the reply from
zachcoughlin@hotmail.com at the hearing on December 21, 2011). In his December 14, 2011 writing Mr. Baker wrote: "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 cant tell what else. The contents of
the residence appear to
have been rifled through."
http://www.americanmusical.com/Item--i-SHU-BETA58A-LIST I believe that microphone is missing, it is a Shure Beta 58A Dynamic Microphone.
I reserve the right to update this inventory if it is found.
A foam mattress, size full is missing. The wooden platform for it is oddly part in the flower bed and part seemingly used to secure a window in
some fashion, estimated value $800
Two, (2), of these http://www.amazon.com/Keurig-B60-Special-Single-Cup-Home-Brewing/dp/B000AQSMPO $165 Kuerig B60 Coffee Machines
appear to be missing
http://www.walmart.com/ip/Western-Digital-WDBAAU0020HBK-NESN-Elements-Desktop-Hard-Drive/13055863 Two, (2) of those Western
Digital Elements 2TB external hard drives $190.
As for damaged items, the Sony hdtv 52 inch television in the back bedroom is not turning on, please see attached picture (a clearer picture
and model number will be forthcoming).

Strangely, its appears that, even where the contractor (whose bill for $1,060 included a notation of "fixing leak in the basement") boarded up
the back porch, he apparently did not do it very well, as the window to the back door, inside the porch, appears to have been smashed.

I believe there are more things missing or damaged but this is not a task that can be done extremely quickly, and I reserve the right to
supplement this inventory as more missing or damaged items become apparent. I would like some additional time at the property due to
Richard Hill's interference on Thursday and Hill's contractor having taken my ladder, which I was relying on for accessing and inventorying the
attic. Further, I wish to leave this property in very, very good shape for Dr. Merliss. I have respect for Dr. Merliss as I do for this Court, Mr.
Baker, and Mr. Hill, for whatever it is worth. Admittedly this litigation has gotten a bit scrappy, and we have all been challenged by a Landlord
Tenant Statute that is not always entirely clear and does not have the benefit of a great deal of intermediate level appellate court case law to
guide litigants through the ambiguities encountered throughout this case. I want to leave this property in as good as shape as possible for Dr.
Merliss, and believe Hill and Baker are intent on limiting my opportunity to do that as much as they possibly can because they want to pursue
some theories of recovery based upon leaving property at the location, etc., etc., and have their contractors do their typically inflated billing for
work that, as here, ultimately is not very effective, as this "securing" of the property, especially where a window unit air conditioner held in
place by nothing but duct tape and lacking even a simple jam rod atop the sliding window, was left in place on a side of the house exposed to
a sidewalk near the Lakemill Lodge. Or, Hill and Baker may just be legitimately fearful that I may do something to harm their client's interest at
the property and merely zealously advocating on Dr. Merliss's behalf. I feel like an additional 8-16 hours at the property may yield a lot of
benefit to the overall appearance and state of the property.

I realize a stay was denied, however, I believe NRS 40.385 may be akin to the automatic stays attendant to bankruptcies.

Sincerely and Respectfully,

Zach Coughlin, Esq.

Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473

Subject: inventory continued
Date: Thu, 22 Dec 2011 12:09:18 -0800

Additionally some rare book are missing, family 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 filed a Supersedeas Bond of $250,
and according to NRS 40.385, I automatically get a stay of 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 filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the
Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly
reflects that.

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 of the premises that are the subject of the appeal during the pendency of 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. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.

Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473

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From: Sferrazza, Pete (psferrazza@washoecounty.us)
Sent: Thu 12/22/11 2:33 PM
To: zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
Cc: Stancil, Karen (KStancil@washoecounty.us)
Dear Mr Coughlin:

The stay was denied . You will need to ask the District Court for a stay.

Pete Sferrazza

inventory continued

Sent: Thursday, December 22, 2011 12:09 PM
To: Sferrazza, Pete; cdbaker@richardhillaw.com
PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of
$250, and according to NRS 40.385, I automatically get a stay of 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 filed. Its one or the other, but Mr. Hill and
Baker cannot have it both ways. Further, the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a
settlement, etc, etc. and the audio record clearly reflects that.
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:
40.253.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
contain confidential information intended for the specified individual (s) only. If you are not the intended recipient or an agent responsible for delivering it to
Sent: Thu 12/22/11 12:09 PM

partial inventory
PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250,
and according to NRS 40.385, I automatically get a stay of 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 filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the
Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly
reflects that.

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:
40.253.

Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
Sent: Thu 12/22/11 11:01 AM

Dear Judge Sferrazza,

I respectfully submit to you that the inventorying of stolen, lost, or damaged personal property i simply not possible by 11 am given the
interference conducted by Baker and Hill, their removing a ladder to the attic (that belonged to me, no less) from the property, their keeping
the property boarded up, the incredibly strewn about/burglarized appearance and state of the entire property, etc, etc. It is simply not possible

to provide a complete accounting or no exactly how accurate any accounting might be at this time.
Personal Property, including that used in the commercial business run out of 121 River Rock St. Reno, NV
62hm15
Toshiba 62HM15A Projection TV (62HM15A)
expensive suits missing, expensive fixtures and kitchen appliances missing. 32 inch lcd television computer monitor, other computer monitor/s
lcd/led
Several vintage and expensive high end audio recievers
several guitars, several high end professional audio recording microphones, all expensive, music equipment
several high end memory foam mattress, broken wooden memory foam mattress platform, partially missing,
wooden shutter on porch,
jewelry
watches
several hard drives, both external and internal
several HDTV's and computer monitors,
audio interfaces, sound and video cards,
computer RAM sticks, guitar amplifiers, family heirlooms, mementos and keepsakes, obviously its ridiculous and damn near impossible to rush
into a this property and deliver you a perfect inventory of all that is missing or damaged within an hour or so.....
expensive electric shavers, multiple high end car audio amplifiers, family heirlooms, audio and video tapes missing, my intellectual property and
creative media missing, etc. ,etc.

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
F I L E D
Electronically
01-03-2012:03:31:20 PM
Joey Orduna Hastings
Clerk of the Court
gr
LAW OFFICE
RICHARD G. HILL
1 Code No. 2645
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEY D. BAKER, ESQ.
3 State Bar No. 9504
RICHARD G. HILL, LTD.
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
Attorney for Respondent Matt Merliss
6
7 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
8 IN AND FOR THE COUNTY OF WASHOE
9
ZACHARY BARKER COUGHLIN, )
10 ) Case No.: CVll-03628
Appellant, )
11 ) Dept. NO.7
v. )
12 )
MATT MERLISS, )
13 )
Respondent. )
14 )
15 OPPOSITION TO AMENDED
16
17
EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
Respondent, MATT MERLISS, by and through his counsel, RICHARD G. HILL,
18 LTD. and CASEY D. BAKER, ESQ., opposes appellant's "amended emergency motion for
19 temporary restraining order." Despite the complete lack of merit of the instant motion,
20 Merliss has refrained from disposing of any property left behind by Mr. Coughlin pending
21 this court's ruling on the motion. This opposition is based on the points and authorities
22 below and all papers and pleadings on file herein.
23
24
POINTS AND AUTHORITIES
This is an appeal from a summary eviction granted in the Reno Justice Court.
25 The pertinent facts for purposes of this motion are as follows:
26 1. Respondent, MATT MERLISS ("MERLISS") is the owner ofthe residential
27 real property located at 121 River Rock, Reno, Nevada (the "PROPERTY").
Post Office Box 2551 28 III
Reno, Nevada 89505
(775) 3480888
Fax(775) 3480858
LAW OFFICE
RICHARD G. HILL
1 2. Appellant, ZACHARY BARKER COUGHLIN ("COUGHLIN"), was a tenant
2 at the Property beginning in March 2010. Coughlin's rent pursuant to the lease was
3 $900.00 per month. Coughlin last paid rent in May, 2011. As discussed below, the justice
4 court rejected all of Coughlin's reasons for not paying rent.
5 3. On October 27, 2011, after two evidentiary hearings on the matter, Judge
6 Sferrazza of the Reno Justice Court granted a no-cause summary eviction in favor ofMerliss
7 and against Coughlin. A true and correct copy of the justice court's order of October 27,
8 2011 is attached hereto as EXHIBIT 1.
9 4. On November 1, 2011, Coughlin was lawfully and properly locked out of the
10 Property.
11 5. On November 13, 2011, Dr. Merliss and Mr. Hill discovered Coughlin living
12 in the basement of the Property. Coughlin was arrested and charged with criminal
13 trespassing at that time. A motion for order to show cause why Coughlin should not be held
14 in contempt of the justice court pursuant to NRS 22.020 is currently pending in that court.
15 It was clear that Coughlin had not made any attempt to remove any of his belongings from
16 the Property before he was caught living in the basement, although he had been living there
17 illegally for two weeks. In fact, Coughlin had an entire week between the October 25, 2011
18 hearing, in which the eviction was granted, and November 1, 2011, when he was locked out,
19 to remove his things, but apparently chose to use that time to get himself holed-up in the
20 basement instead.
21 6. During the time Coughlin was secretly living in the basement, Mr. Hill was
22 sending him emails almost daily in an effort to get Coughlin to make some effort to remove
23 his personal property from the residence. True and copies of Mr. Hill's emai}s are
24 . attached hereto as EXHIBIT 2.
25 7. On December 21, 2011, after a hearing on Coughlin's motion to contest
26 Merliss' personal property lien, Judge Sferrazza entered another order. A true and correct
27 copy of that court's order resolving motion to contest personal property lien is attached
28 hereto as EXHIBIT 3.
(775) 348-0888
Fax(77 5) 348-0858
2
LAW OFFICE
RICHARD G. HILL
1 8. Pursuant to EXHIBIT 3, Coughlin was provided access to the Property on
2 Thursday, December 22, 2011, and Friday, December 23, 2011.
3 9. On December 22, 2011, Coughlin sent an email to the undersigned and Judge
4 Sferrazza, in which he essentially announced that he was entitled to a stay, and to return to
5 and continue in possession of the Property. Judge Sferrazza quickly responded by email,
6 and reminded Mr. Coughlin that the stay had been denied. A true and correct copy of that
7 email exchange is attached hereto as EXHIBIT 4. Coughlin removed very little of his
8 property that day, and clearly intended to simply re-take possession of the house, until
9 Judge Sferrazza disabused him of that notion.
10 10. Coughlin failed to remove all of his personal property from the premises,
11 and a substantial amount of cleanup remains to be done. Coughlin also failed to comply
12 with the court's order that any person accompanying him to the property must sign the
13 liability waiver attached to the court's order.
14 11. On Friday, December 23,2011, counsel for Merliss neglected to remove the
15 padlock to the back gate of the property. Once notified, counsel promptly went to the
16 property to remove the padlock, only to discover that the gate had been taken off of its
17 hinges by Coughlin. Coughlin's access to the house itself was never hindered.
18 12. While at the property to remove the padlock, Coughlin, on more than one
19 occasion, screamed profanities at Merliss' counsel, and, at one point, charged Mr. Hill and
20 attempted to physically intimidate him. At least the audio of this incident was captured on
21 tape.
22 13. Nevertheless, at 5:00 p.m. on Friday, December 23,2011, counsel granted
23 Coughlin and his agents additional, unfettered, and unlimited access to the outside of the
24 property to remove any remaining items. The only condition placed on that access was that
25 Coughlin's helpers agreed to replace the gate on its hinges as best they could. Coughlin and
26 his agents failed to remove the remainder of Coughin's property from the yard that night,
27 and failed to put the gate back on the hinges.
Reno, Nevada 89505
(775) 348-0888
Fax(77S) 348-0858
3
LAW OFFICE
RICHARD G. HILL
1 14. On December 28,2011, Mr. Hill sent an email to Coughlin, offering him
2 another opportunity to finish retrieving his belongings from the Property. A true and
3 correct copy of that email is attached hereto as EXHIBIT S. Coughlin did not accept Mr.
4 Hill's offer, or respond in any way to that email.
5 IS. On December 29, 2011, the undersigned re-sent Mr. Hill's email to
6 Coughlin. A true and correct copy of the undersigned's email is attached hereto as
7 EXHIBIT 6. Coughlin did not respond in any way to that email.
8 16. On December 30, 2011, Mr. Hill revoked the offer extended in his
9 December 28, 2011 email. At true and correct copy of that revocation is attached hereto as
10 EXHIBIT 7.
11 Reference is made to the declaration of Casey D. Baker, Esq., attached hereto
12 as EXHIBIT 8, for authentication of EXHIBITS 1, 3, 4, 6, 10 and 11.
13 Reference is made to the Declaration of Richard G. Hill, Esq., attached hereto
14 as EXHIBIT 9, for authentication of EXHIBITS 2, sand 7.
15 LAW
16
17
18
19
20
21
22
23
follows:
1. Reference is made to NRCP 6s(b), which provides in pertinent part as
A temporary restraining order may be granted without written or
oral notice to the adverse party or that party's attorney only if (1)
it clearly aRpears from specific facts shown by affidavit or
bythevenfied complaint that immediate and irreparable
injui(l' loss, or damage will result to the applicant before
the a verse party or that party's attorney can be heard in
opposition, and (2) the applicant's attorney certifies to the court
in writing the efforts, if any, which have been made to give the
notice and the reasons supporting the claim that notice should not.
be required. .
24 NRCP 6S(b)
25 2. Reference is made to NRCP 6S(c), which provides in pertinent part as
26 follows:
27 III
Reno, Nevada 89505
(775) 3480888
Fax(775) 348-0858
4
lAW OFFICE
RICHARD G. HILL
1
2
3
4
5
NRCP 65(c)
No restraining order or preliminary injunction shall issue except
upon the giving of security by the applicant, in such sum as the
court deems proper, for the payment of such costs and damages as
may be incurred or suffered by any party who is found to have been
wrongfully enjoined or restrained.
2. Reference is made to NRS 33.010, which provides in full as follows:
6 An injunction may be granted in the following cases:
7
8
9
10
11
12
13
14
1. When it shall appear by the complaint that the
plaintiff is entitled to the relief demanded, and such relief or any
part thereof consists in restraining the commission or continuance
of the act complained of, either for a limited period or perpetually.
2. When it shall appear by the complaint or affidavit
that the commission or continuance of some act, during the
litigation, would produce great or irreparable injury to the plaintiff.
3. When it shall appear, during the litigation, that the
defendant is doing or threatens, or is about to do, or is procuring
or suffering to be done, some act in violation ofthe plaintIffs rights
respecting the subject of the action, and tending to render the
judgment ineffectual.
15 NRS 33.010.
16. ANALYSIS
17 Based on the caption of Mr. Coughlin's filing with the court, it appears that he
18 is asking the court to temporarily restrain Merliss from disposing of the personal property
19 Mr. Coughlin abandoned and left at the Property, However, Mr, Coughlin's paper fails to
20 provide any analysis or evidentiary basis for that request, and is fatally deficient for a
21 number of reasons.
22 Mr. Coughlin makes no citation to any authority, nor does he provide any
23 analysis, that would even remotely support the issuance of a temporary restraining order
24 or preliminary injunction. In 36 pages of rambling, Mr. Coughlin, a licensed Nevada
25 attorney, does not manage to even mention, much less analyze, NRCP 65 or NRS 33.010,
26 which are the controlling provisions oflaw. The court is left to speculate as to the basis for
27 Mr. Coughlin's request. In fact, there is no basl.'s ..
Reno, Nevada 69505
(775) 348'()66B
Fax(775) 3480858
5
LAW OFFICE
RICHARD G. HILL
1 A. Coughlin's Request for a Temporary Restraining Order is
2 Procedurally and Substantively Deficient
3 First, it is important for the court to note that Coughlin's paper was never
4 properly served on Merliss or his counsel. The only copies counsel received were by email
5 and fax. Cf., NRCP 5. See the Declaration of Casey D. Baker, Esq., attached hereto as
6 EXHIBIT 8. Further, Coughlin's "Proof of Service" identifies the incorrect document, and
7 falsely states that document was mailed. Mr. Coughlin has never mailed any document to
8 the office of the undersigned, and this was been a constant issue in the underlying eviction
9 action.l As is the case here, Merliss has been forced to respond to one of Mr. Coughlin's
10 rants without proper service, in an abundance of caution that the court may choose to rule
11 on it before Merliss is given proper notice and an opportunity to be heard. Unfortunately,
12 Mr. Coughlin appears intent on continuing his abusive tactics in this court. Because
13 Coughlin has failed to properly serve his motion, and, based on his faulty proof of service,
14 does not appear to intend to, he is, in effect, asking the court to issue an injunction without
15 notice, as contemplated by NRCP 65(b). As set forth below, Coughlin's motion fails to
16 satisfy even one requirement of that rule.
17 NRCP 65(b) provides that a temporary restraining order is only available
18 where it "clearly appears from specific facts shown by affidavit or by the verified
19 complaint that immediate and irreparable injury ... " will result before the opposing
20 party can be heard. (Emphasis added.) Here, there is no verified complaint. Coughlin's
21 motion is not verified, and does not contain any.sworn affidavit as required by the Rule.
22 Thus, there is no evidence to support any exercise of discretion by this court. Further,
23 Coughlin does not explain how he will suffer irreparable injury in the event Merliss is
24 allowed to comply with Judge Sferrazza's order and dispose of the property Coughlin chose
25 III
26
27
Post Office Box 2551 28
Reno, Nevada 89505
1 Throughout counsel's dealings with Coughlin, he consistently files papers he does
not serve and serves papers he does not file. By these abuses, he has muddied the record
and driven the fees and costs beyond all reason.
1775) 348-0888
Fax(775) 346-0858
6
------------------_. -. - - -
LAW OFFICE
RICHARD G. HILL
1 to abandon at the house. In fact, Coughlin will not suffer irreparable injury, because money
2 damages are unquestionably an adequate remedy for any loss of personal property he may
3 suffer. Coughlin is not entitled to any relief under NRCP 65 because he has an adequate
4 legal remedy. And even if he did not, his unclean hands and inequitable conduct should
5 preclude him from any relief from this court at this time.
6 Even if the court were inclined to overlook the obvious and fatal deficiencies of
7 Coughlin's motion, Coughlin does not address the mandatory bond he must post pursuant
8 to NRCP 65(c). As set forth in Judge Sferrazza's order (EXHIBIT 3), the reasonable costs
9 of storage at the Property is $30.00 per day. That amount should accrue from November
10 17,2011, and continue until this appeal is concluded or any restraining order or injunction
11 is ultimately dissolved. The bond should also include fees incurred by Merliss in opposing
12 this "emergency amended motion," which fees total $1,485.00. See Declaration of Casey
13 D. Baker, Esq., EXHIBIT 8.
14 B. Coughlin Has Not Shown Any Basis for An Injunction to Issue
15 The issuance of an injunction is controlled by NRS 33.010. That statute
16 requires that there be a complaint or an affidavit on file, and some showing of great or
17 irreparable harm, or a violation of the moving party's rights. Setting aside for the moment
18 the complete lack of analysis by Coughlin, it is clear that this situation does not warrant
19 extraordinary equitable relief.
20 As discussed above, there is no complaint on file. Coughlin has neither verified
21 his motion, nor submitted an affidavit. Further, there can be no irreparable harm where
22 money damages are an adequate remedy. Thus, it would be an abuse of discretion for the
23 court to grant Coughlin any relief under NRS 33.010(1) or (2).
24 Likewise, no relief is available to Coughlin under NRS 33.010(3). Because the
25 order Coughlin appealed from is the October 27, 2011 order granting an eviction (EXHIBIT
26 1), the "subject of this action" as contemplated by that statute is Coughlin's rights in the
27 real property - not the personal property he chose to abandon there. At the moment,
Post Office Box 2551 28 III.
Reno, Nevada 89505
(77 5) 348-0886 .
Fax(775} 348-0658
7
LAW OFFICE
RICHARD G. HILL
1 Coughlin has no rights in the real property, so Merliss cannot be said to be violating any
2 rights of Coughlin's. Likewise, even if the court were to somehow expand its application
3 of that statute to the December 21,2011 order resolving the landlord's personal property
4 lien (EXHIBIT 3), Coughlin's "rights" in the personal property on the premises were
5 terminated at 5:00 p.m. on Friday, December 23,2011 by a lawful court order. As such,
6 Coughlin no longer has any rights in that property, either, and there is nothing for Merliss
7 to violate or for the court to enjoin. Until it has been reversed, Merliss is entitled, and,
8 indeed, obligated, to comply with the justice court's order. NRS 22.010.
9 C. Coughlin is Not Entitled to A Stay
10 Coughlin claims to have deposited $250 with the justice's court pursuant to
11 NRS 40.385, although he has not provided any proof in support of his claim. Attached
12 hereto as EXHIBIT 10 is a true and correct copy of the justice's court's docket as of
13 December 19, 2011. That docket shows that Coughlin paid a filing fee for his appeal on
14 December 12, 2011, in the amount of $216.00. It is entirely unclear from the following
15 entries of that docket whether or when Coughlin ever paid an additional $250.00 under
16 NRS 40.385. If he ever did so, it was not until on or around December 14, 2011, well after
17 he had been locked out and appealed, and well after his motion(s) for a stay had already
18 been denied weeks earlier. See also EXHIBIT 4. This information should be part of the
19 appeal record with this court as well, and can be verified by the court in that manner. Even
20 if Coughlin eventually paid some amount toward an appeal bond, it was not in time to stay
21 the eviction during this appeal. To do that, a proper motion must be made and granted, and
22 the bond posted, prior to the lockout. The lockout here occurred on November 1, 2011. By
23 the time Coughlin managed to find that statute and pay any money to the court, he had
24 been locked out of the property for six weeks. As such, any request for a stay was, and is,
25 moot. At this point, Coughlin does not have any rights in either the real or personal
26 III
27 III
Post Office Box 2551 28 /./ .. /.
Reno, Nevada 89505
(775) 3480888
Fax(776) 3480858
8
--------------------- ~ --_.-
LAW OFFICE
RICHARD G. HILL
1 property, and there is nothing to stay. Coughlin is not entitled to that relief under any
2 analysis.
2
3 D. Coughlin Asks for Extraordinary Equitable Relief, But Has
4 Failed to Mitigate His Damages or Otherwise Behave Equitably
5 Coughlin had three weeks to remove his property before finally being arrested
6 for trespassing on November 13, 2011 (October 25, 2011 through November 13, 2011).
7 Instead of moving his things, however, he chose to barricade himself in the basement,
8 apparently believing that he could live there indefinitely without being discovered. Then,
9 later ,he had two full days pursuant to a court order in which to remove his belongings. On
10 Thursday, December 22, 2011, he did virtually nothing, except send harassing emails to the
11 court and counsel. See, e.g., EXHIBIT 4. More of those emails are attached to Coughlin's
12 motion. On Friday, December 23, 2011, he and his crew removed a substantial amount of
13 his belongings, but also left a substantial amount of debris on the premises. At the end of
14 the day on December 23, 2011, counsel even allowed Coughlin's crew additional, unlimited,
15 unfettered access to the backyard and other outside areas to finish removing what was
16 there. Neither they nor Coughlin took advantage of that opportunity.
17 On December 28,2011, Mr. Hill offered Mr. Coughlin an additional opportunity
18 to retrieve whatever was left on the premises. All Mr. Coughlin had to do was to prepare
19 a stipulation and orderfor this court's signature, and he would have been allowed back on
20 the Property. See EXHIBIT 5. On December 29,2011, the undersigned re-sent that email
21 to Mr. Coughlin. See EXHIBIT 6. Coughlin failed to accept the offer to retrieve his
22 belongings, and it was ultimately revoked. Instead of resolving this matter by stipulation,
23 Coughlin filed the instant motion. As has been the case throughout the underlying eviction
24 III
25 III
26
27
Post Office 60x 2551 28
Reno, Nevada 89505
2 Coughlin has since filed a motion with the justice court seeking a return of his
bond, which he claims to have paid on December 22, 2011, but fails to mention that here.
A true and correct copy of Coughlin's motion is attached hereto as EXHIBIT 11.
(775) 348-0888
Fax(775) 348-0858
9
LAW OFFICE
RICHARD G. HILL
1 action, Mr. Coughlin is obviously more interested in fighting about his perceived issues than
2 he is in resolving them. Mr. Coughlin does not come to court with clean hands, and should
3 not be awarded any equitable relief whatsoever, especially without being required to post
4 adequate security as required by law. Further, the court should note that Coughlin does not
5 come with a plan or a proposal. He just wants to prevent Dr. Merliss from re-renting the
6 house, and cause him to incur additional fees. That is his real agenda.
7 CONCLUSION
8 Coughlin's motion is procedurally and substantively deficient in many
9 respects. He has not satisfied any of the threshold requirements of either NRCP 65 or NRS
10 33.010. He has not shown the court any legal or factual basis for the relief he purports to
11 seek, and, in fact, does not even address the merits of his motion whatsoever, except to
12 simply demand more time to get his things. Coughlin declined an offer from counsel to
13 stipulate to the relief he now asks the court to grant him. Instead, he chose to waste this
14 court's time with an unsupported, incoherent, and procedurally deficient motion that does
15 not even address the applicable substantive law. Coughlin's motion must be denied.
16 WHEREFORE, Respondent prays that Coughlin take nothing by way of his
17 motion, and that same be denied in its entirety; and for such other, further, and additional
18 relief as seems just to the court in the premises.
19 AFFIRMATION Pursuant to NRS 239B.030
20 The undersigned does hereby affirm that the preceding document does not
21 contain the social security number of any person,
. ,.,
22 . DATED this ; . day of January, 2012.
23 RICHARD G. HILL, LTD.
24
25
26
27
, ESQ.
CASEY D. BA , ESQ.
652 Forest Street
Reno, Nevada 89509
Reno, Nevada 89505
Attorney for respondent Matt Merliss
(775) 348-0888
Fax(77 5) 348-0858
10
LAW OFFICE
RICHARD G. HILL
1
2
CERTIFICATE OF SERVICE
Pursuantto NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, LTD" and that on the :5 day of January, 2012, I deposited in the United States mail
4 at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy of the
5 foregoing Opposition to Amended Emergency Motion for Temporary
6 Restraining Order to:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Zach Cou&hlin, Esq.
1422 E. 9 Street, #2
Reno, Nevada 89512
J
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-{)858
------.- -. -
LAW OFFICE
RICHARD G. HILL
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
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348-0858
EXHIBIT NO.
1
2
3
4
5
6
7
8
9
10
11
EXHIBIT INDEX
DESCRIPTION PAGES
October 27, 2011 Order 6
October emails from Hill to Coughlin re: removing 58
his property
December 21, 2011 Order
5
December 22, 2011 email exchange between 2
Coughlin and Judge Sferrazza
December 28, 2011 email from Hill to Coughlin 2
December 29, 2011 re-sent 12/28/11 email 2
December 30, 2011 email from Hill to Coughlin 1
revoking offer
Declaration of Casey D. Baker, Esq. 6
Declaration of Richard G. Hill, Esq. 2
Justice Court docket as of December 19, 2011
5
Coughlin's Motion for return of bond 1
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
'7..75 6715
gr
_. - _ __ , I ww-t""""'""'wU 1":1:1 HiLL GHIU
1
2 State Bar No. 596
RICHARD G. HILL, CHARTERED
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
Attorney for Plaintiff
6
03:43: 17 p.m. 10-27-2011
.. , ... i _,',;
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"'::': "iY:;; .. _ .. .. _" ....
7
8
9
IN THE JUSTICE COURT OF RENO TOWNSHIP
COUNTY OF WASHOE, STATE OF NEVADA
10 MATI MERLISS;
11
12 v.
)
)
Plaintiff/landlord, )
Case No.: REV2011-001708
Dept. No. 2
13 BARKER COUGHLIN;
)
)
)
)
)
)
, 14
15 --", ,
Defendant/tenant.
-------------------)
}<'INDINGSOFFACf, ,CONCLUSIONS OF lAW,
AND ORDER FOR SUMMARY EVICfION
3/8
16
17 This matter having come on regularly for an evidentiary hearing pursuant to
18 NRS 40.254 and NRS 40.253(6) on October 13,2011, and continued on October 25, 2011,
19 before the Honorable Peter J. Sferrazza, sitting without a jury; the plaintiff/landlord, Matt
20 Merlis1' ("Merliss"), having been present, and represented by counsel, Richard G. Hill,
21 Chartered and Casey D. Esq., and defendant/tenant, Zachary Barker Coughlin, Esq.
22 ("Coughlin"), having been present and having proceeded in proper person; the parties
23 having offered evidence, called witnesses and having offered argument; the matter having
24 been sqbmitted to the Court for a decisioll; the Court being fully informed in the premises
25 and g .. :'od cause appearing therefor; the COUlt herewith enters its findings of fact,
26 oflaw and order for summary eviction:
27 ///
1/1
"
1'753256715
LAWQFFlCf
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1
2
3
J..lI..Jf .1..(1 L.W.LJ.. .Lu ...,I.,J t t:..J':)"lotJO;;JO 1'(\;1 H1LL !";HIU
03:43:47 p,m. 10-27-2011
FINDINGS OF FACT
The Court finds the following facts:
418
1. Merliss is the owner of the real property located at 121 River Rock, Reno,
4 Nevada (the !'Property").
5 2. The tenancy at issue commenced on March 1,2010, and was fora term of12
6 months.
7 3. The rental agreement terminated by its terms on February 28, 2011.
8 Coughlin became a month to month tenant pursuant to NRS n8A.470 and
9 paragraph 3 of the parties' rental agreement.
10 4. Coughlin became subject to the provisions of NRS 40.251 to 40.2516,
11 inclusive, at the end of the stated term of the rental agreement, whereupon he became a
12 monthto-month tenant, as noted above.
13 5. On August 22, 2011, Merliss properly and lawfully terminated Coughlin's
14 month-to-month tenancy pursuant to NRS 40.251, by serving the statutory
15 Termir'fationNotice to Vacate NRS 40.251(1) upon him, which notice was admitted into
16 evidenee at the hearing. The court specifically finds that service of that notice was proper
17 pursuant to, and for all purposes contemplated under, NRS 40.280.
18 6. Coughlin failed to vacate the Property "rithin 30 calendar days of being
19 served with the notice to vacate, and was therefore in unlawful detainer of the Property as
20 of September 27,2011, at the latest.
21 7. On September 27, 2011, Merliss properly served Coughlin with a
22 Notice .of Unlawful Detainer ./<01' Failure to Vacate Rental Unit - NRS 40.251 (No-Cause
23 Termirwtionj and Notice of Summary Eviction - NRS 40.254, which notice was admitted
24 into evidence at the hearing. The court specifically finds that service of that notice was
25 proper pursuant to, and for all purposes contemplated under, NRS 40.280.
26 8. Merliss' claim for relief of possession of the premises was authorized by law.
27 1/1
01("50,25&, 28 //1
R<>nc" NeI.!I!!ll Bilti'y.;
;7"."W14aosee
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2
1'75
Kl.:I H1LL l:HIU
03:44:05 p.m, 10-27-2011 5/8
1 9, Coughlin alleged, as a legal defense to the summary eviction, retaliatory
2 conduct by Merliss under various subsections ofNRS u8A.SlO. Coughlin's alleged defense
3 was further based, in part, on what he identified as "habitability" issues, and his alleged
4 complaints regarding same. Coughlin further alleged that Merliss acted in a discriminatory
5 manner toward him based on Coughlin's race, national origin, and sex.
6 10. The court finds that Coughlin failed to present any evidence that Merliss
7 acted in any prohibited, discriminatory, or retaliatory fashion as alleged by Coughlin, or
8 otherwise. Specifically, the court finds:
9 10.1. Coughlin failed to present any evidence that he "complained in
1 0 good faith of a violation of a building, housing or health code applicable to the premises and
11 affecting health or safety to a governmental agency charged ,vith the responsibility for the
12 enforcement of that code" as required by NRS 118A.SlO(1)(a).
13 10.2. Coughlin failed to present any evidence that he "complained in
14 good f<lith to the landlord or a law enforcement agency of a violation of [NRS Chapter 118A]
15 or of a specific statute that imposes a criminal penalty" as required by NRS 118A.SlO(l)(b).
16 10.3. Coughlin failed to present any evidence that prior to being served
17 with the referenced termination and eviction notices, Coughlin had" instituted or defended
18 against a judicial or administrative proceeding or arbitration in which [he] raised an issue
19 of compliance with the requirements of [NRS Chapter 118A] respecting the habitability of
20 dwelling units" as required by NRS 118A.SlO(1)(e},
21 10-4. Coughlin failed to pt'esent any evidence that he had "complained
22 in good faith to the landlord, a agency, an attorney, a fair housing agency or
23 any other appropriate body of a violation ofNRS 118.010 to 118,120, inclusive, or the FaIr
24 Housing Act of 1968,42 U.S.C. 3601 et seq" or ha[d] otherwise exercised rights which
25 are guaranteed or protected under those laws" as required by NRS n8A.SlO(1)(g).
26 11. Coughlin failed to present any evidence that the Property was at any time
27 not habitable, as that term is defined in NRS u8A,290, or otherwise, with respet"t to any of
III
I I
'.
7,7532567\5
l.AWOffICE
IUCHAIW G. KII.L
l";\:l HJ.L..L.. LiHIU
03:44:26 p.m. 10-27-2011 618
1 the alleged deficiencies identified by him. Those alleged, but unproven, deficiencies
2 but were not limited to, the front and back steps, any broken window, any alleged
3 mold, ,my falling insulation, the garbage disposal, and any weeds on the Property.
4 11.1. With respect to any weeds on the Property, the court further
5 specifi<;aUy finds that the maintenance of the surrounding grounds, including weed control,
6 was sole responsibility of Coughlin under paragraph 22 of the parties' rental agreement.
7 12. Coughlin failed to present any evidence that he complied, or that Merliss
8 failed to com ply, with any requirement set forth in NRS u8A.355 and NRS 118A.360, which
9 statutes address the withholding of rent for alleged "habitability" issues.
10 12.1. As such, the court finds that Coughlin was not entitled to
11 withhold any rent based on any alleged "habitability" issue, or othen-vise, and that all sums
12 heretofore deposited by Coughlin pursuant to the Court's order dated October 13, 2011,
13 rightfl,)lly belong to Merliss as and for past due rent.
14 13. If any finding of fact above is, in fact, a conclusion of law, it should be
15 regarded as such, and its validity should not be affected by where in this decision it is
16 located.
17
18
19
CONCLUSIONS 01" LAW
The Court concludes the following as the controlling law in this case:
1. The Court has jurisdiction over the parties and subject matter of this case.
20 Venue is appropriate in this court.
21 2. The ultimate issue before the court at the referenced hearing was the right
22 of the landlord, Merliss, to immediate possession of the Property. NRS 40,254. NRS
23 40.25a(6).
24 3. The purpose of the hearing \\TaS to "determine the truthfulness and
25 sufficient')' of the tenant's and the landlord's affidavits;" to determine whether there is any
26 as to the alleged unlawful detainer," and \vhether "the tenant is guilty of an
27 unlawful detainer", NRS 40.253(6).
Po .. on ... eo. 28 ,'II

'I
I.
1\
4
1753'256715
f'(\:l HiLL GHIV
03:44:45 p.m. 10-27-2011 7/8
1 4. Merliss met his burden of proof, by a preponderance of the evidence, to
2 establish that Coughlin was guilty of unlawful detainer of the property as of September 27,
3 2011, at the latest.
4 5. "[A]n order granting summal1: eviction under NRS 40.253(6) should be
5 reviewed on appeal based upon the standard for review of an order granting summary
6 judgment under NRCP 56 because these proceedings are analogous." Anvui, LLC v. G.L.
7 Dragoh, LLC, 123 Nev. 212, 215, 163 P.3d 405 (2007).
8 6. "To successfully defend against a summary judgment motion, the
9 nonmoving party must transcend the pleadings and, by affidavit or other admissible
10 evidence, introduce specific facts that show a genuine issue of material fact." Torrealba I).
11 Kesmitis, 124 Nev. 95, 178 P.3d 716 (2008).
12 7. Coughlin failed to show that any genuine issue of material fact remains for
13 trial. As such, Coughlin failed to meet his burden of proof to establish any legal defense to
14 the summary eviction. Anvui. Torrealba.
15 8. As no issues of fact had yet been presented tothe court to warrant a trial,
16 Coughlin was not entitled to have the summary eviction hearing heard by a jury. NJCRCP
17 38. NJCRCP 39. NRS 40.310. Any demand by Coughlin for a jury was untimely, in any
18 event. NJCRCP 38.
19 9. Pursuant to NRS 40.253(6), Merliss is entitled to immediate possession of
20 the Property.
ORDER FOR SUMMARY EVICtION 21
22 Landlord, MA'IT MERLISS, having applied by Affidavit for an Order seeking
23 summary eviction of the Tenant and it appearing from the record on me
24 herein that the statutory requirements have been met and that the Tenant, after notice,
25 unlawfplly detains and withholds the rental unit, and the Court being fully advised and
26 finding good cause, therefore,
27 ! / /
III
5
'775 6715
1
2
1'(1:1 H1LL L:H IJ)
03:45:03 p.m. 10-27-2011 B /B
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
That the sheriff/constable of Reno Township, or one of their duly authorized
3 agents be, and hereby is, directed to remove each and every persoll found upolland 'yithin

4 the rental unit locapd at 121 River k, Reno, Washoe County, Nevada, by no than
5 October 31, a ardedthe right of possession ofthe
6 IT IS HEREBY FURTHER ORDERED, A DJUDGED AND DECREED AS
7 FOLLOWS:
8 The sums currently on deposit with the Court, in the amount of $2,275.00, are
9 the property of the landlord, Matt Merliss, but shall not be immediately released to him.
10 Instead, those sums shall serve as Coughlin's security for costs on appeal, pursuant to
11 NJCRCP 73, in the event Coughlin timely and properly appeals this order. In the event
12 Coughlin fails to timely and properly appeal this order, those sums shan be immediately
13 released to Merliss 01' his counsel of record. These sums shall not, in any event, operate to
14 stay enforcement of this order and the surrender of the right of Coughlin to possess the
15 Property. Nothing in this order shall prevent this court or,an appellate court from releasing
16 the deposited funds to Merliss or his counsel prior to or after any appeal is perfected, or
17 from increasing the amount of any security to be posted by Coughlin for any reason, or
18 both, either upon its own motion or upon motion by Merliss.
19
20
21
22
23
24
25
26
27
IT IS SO ORDERED.
DATED this 11 day of October, 2011.
6
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court

Richard G. Hill
From: Richard Hill [rhill@richardhillaw.com]
Sent: Wednesday, November 02, 2011 7:11 AM
To: 'zachcoughlin@hotmail.com'; 'cdbaker@richarhillaw.com'
Subject: RE: toilet issues fit in 118a.290
Mr. Coughlin - you have been evicted from the river rod=l property, and the lochs have been
changed.
that means a couple of things:
1- stay away from the house. you may only be at the property with my prior permission.
see NRS 2.020
we will mahe arrangements for you to get yur possesions out - on one occasion.
we will insist that you tahe the materials outside the house before being allowed inside.
please recall that Dr. Merllss is entitled to ; and assers a lien for inventorying and storage of
your possessions.
Mr. Baher is out this weeh, that means you deal with me.
I a in depos until Friday. If there is some sor emergency, you will need to document it & get
that to me.
please let me hnow what arrangements you want to mahe.
w will, of course, need the RPD ( or somebody similar - at your expense )presnt at all times
you are on the property.
please confne your communications with me & my ofice to email.
2- we must still serve you with papers.
we need an address - one where you will open the door, or receive mail.
(we have the video of you hiding behind the door from the process srver. How do you thinh
that will play in cour??)
as a lawyer I am sure you ar familiar with NRCP 5(b)(2)(C)
rgh
Snt: WenesaYt November 02, 2011 12:45 AM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com
Subjec: toi let issues fit in 118a.290
Hi Guys,
Did you know your neurosurgeon client went to Beverly Hills High
School? Just like Monica Lewinksi. Well, also, on appeal, the whole
toilet urine sludge notice in writing thing is going to provide fertile area
for argument under 1 18a.290: "(b) Plumbing facilities which conformed
to applicable law when installed ad which are maintained in good
working order.
11
I have evidence showing your client, the neurosurgeon
fom Beverly Hills, was less than truthfl on the stand the other day. I
1111912011
will settle this case for $45,000 in damages, this is an offer of judgment, it is
an exploding offer that will not be available long at all. Please provide written
confrmation that you have received this Offer of Judgment and that you have
provided a written copy of it to your client, and that you are not attempting to
milk every last cent worth of attorney's fees out of the Beverly Hills
neurosurgeon, nor that you ae being very carefl to avoid any path to
settlement in this matter. Oh, Casey, please don't enter tis Setlement Offer
into evidence at the end of trial or appeal like you did on October 26th, 2011
at the close of evidence and right before Judge Sferrazza made his ruling.
You know, you are not supposed to put settlement offers into evidence, right?
Actually, there is strong public policy rationale for making such offers
inadmissible. I guess your special brad of Kentucky Fried Lawyering (TM)
does not bother to obey such dictates.
I do not consent to any form of electronic service for any type of notice in tis
case. I couldn't read your last email. I am waiting to get appropriate written
notice of anything you guys seek to do, like ad inspection, a motion seeking
such ad order, a written order allowing one, etc. Please assume the propery
is crawling with video and audio recording devices like some kind of reality
television Hollywood soundstage. I a not saying it is, but I am not saying it
is not, either. D'yer know what I mean? To the extent you will or have
attempted to conduct an inspection prior to providing written notice of that
intent and or written notice of any order allowing such a inspection (and,
remember, RJC is closed on Fridays, we had a holiday, etc., etc.) please know
there are several causes of action to hold you accountable for such
transgressions. Further, you had a duty to notif the court of any contrary
authority you were aware of, specifcally, in regard to the court's ability to
require a rent escrow deposit by the tenant within a summary eviction
proceeding. Also, you curiously withdrew your past due rent notice, yet, you
stood in court and agued to Judge Sferrazza that a rent escrow amount should
be ordered deposited with the court. Please see Nevada's Ruless of
Professional Conduct for frther explication of how your conduct in that
regad is impenissible. Judge Sferrazza changed his orders many times
during the "Trial" (and it was noticed, in writing, as a Trial, despite the lack of
20 days to respond to a Complaint, ad of course, there was no real
Complaint, just the fors you guys use in providing legal work that you assert
was worh some $20K). So, of course, ay Order stemming fom the October
26th "Trial" will be set aside as void. Then you guys can continue billing
11/1912011
your client for a plenay unlawfl detainer action, unless there are some other
expensive procedural detours you wish to take your client on frst, or some
people who have nothing to testif about that you wish to stack of costs and
fees serving with subpoenas. How about this, I found some authority that
suggest I ca send your client my Settlement Offers as long as I copy you
guys on them. Why don't you assume I did just that? Maybe I did, maybe I
didn't, would love to hear you guys talking to the Beverly Hills neurosurgeon
and attempting to interrogate him as to whether he is awae of a Settlement
Offer I sent you guys. Assume that for all the various settlement offers I have
sent you guys. Man, your client had a written settlement offer that would
have basically gotten him out of this deal for less than $2,000, yet, somehow
you billing ninjas managed to milk aother $20,000 in attorey's fees fom
him? Wait, unless you guys did this case on a fat fee and are now attempting
to, in an imperissible manner, redefne "incurred" to include imaginary
amounts you billed Merliss based on a billable hour when in actuality he was
billed on a fat fee. Especially where you may have engaged in overbilling
these imaginary hours to respond to what you yourself have defned as
pointless ad wea legal motions by myself. If they ae so poorly executed,
why does it take you guys $20,000 in attorey's fees to defend against them.
Is that why you redact so many things fom your billing statements?
Hopeflly you aen't running any unlawfl skip traces, its not hard to fnd out
if you are. Please let your client know that his dubious assertions, under oath,
that he paid, sometime aound May 24th, 2011, the Green Action Lawn
Service.and additional $2,000 to weeds the property at 121 River Rock St,
Reno, N 89501 is going to be something he will really, really need some
. documentation and proof of, as perjury is looked down upon somewhat in
Nevada courts. Further, it will be very interesting to see a de novo application
of the summary judgment standard to the issue of whether I assered a legal
defense, and this time, I wouldn't be surprised if the trier of fact assumes
everything I say is true, as is required by a Judge who is determining whether
a prima facie showing has been made, rather tha discounting anything I say
and doing a bunch of yoga to twist and tum tortuously to somehow fnd in
your favor despite the retaliatory per se nature of your client, the Beverly Hills
Neurosurgeon's, conduct. You boys might want to hold off a bit on putting
new locks on the doors or releasing the constable Kraen, as I r a law offce
out of 121 River Rock, and my client's entrust me with important matters, like
getting Trustee Sales postponed and fghting wrongfl foreclosures, etc., ad
any malfeasance on your part will result in consequential damages, think skull
11/19/2011
plaintiff sty Ie, for which you yourself and your neurosurgeon client may
ultimately be liable for. Kind of a big risk to take just to get a lil 01' eviction,
but I guess if you are collecting enough attorey's fees, then maybe that is a
risk you are willing to take, not sure about your client, but yea, maybe it
would be worth it to you guys, Dick and Casey. I a looking forward to the
jury trial in this matter, as an appropriate and timely demand for such has been
made. Dh, the whole "then you started waxing eloquent about urine crystals"
testimony by your client, the Beverly Hills Neurosurgeon, is going to be very
intriguing within a retaliatory eviction context, especially where your client
has made numerous statements regarding the "entitled" nature of the white
male tenant, and has established a patter and practice of hiring allegedly
undocumented Hispaic labor for cheap, and a preference for female, docile,
Hispanic tenants (see the Fair Housing Discrimination laws, which ae applied
in a facially neutral manner, despite whatever confsion Judge Sferrazza may
have in that regard).
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
7753388118
Licensed in Nevada
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11 1 1 9/20 1 1
RichardG. Hill
From:
Sent:
To:
Subject:
Richard Hill [rhill@richardhillaw.com]
Monday, November 07,2011 8:26 AM
'zachcoughlin@hotmail.com'
121 river rock
Mr Coughlin - we need to hear from you about getting your stuf out of the house.
Itis time to start dealing with realit.
May we please hear fom you??
Rgh
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE This e-mail
may contain legally privileged or confidential information. If you are not the intended recipient, please
do not read, copy. use, or disclose this communication to anyone other than the intended recipient. If
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Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS. we inform you that any U.S. federal tax
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used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code
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herein.
1
Richard G. Hill
From:
Sent:
To:
Subject:
Richard Hill [rhill@richardhillaw.comJ
Tuesday, November 08, 2011 8:32 AM
'zachcoughlin@hotmail.coml
121 River Rock
Mr. Coughlin- You have not responded to my requests that you make arrangements to get your
personal possessions out of the home. As you have been informed, Dr. Merliss is entitled to, and
does claim, a lien for storage & inventorying of all items in the river rock house. Please see, NRS
118A.460
To that end, I have made arrangements to meet with the moving company today at 11 :00 A.M., at the
propery, to start actually moving your possessions into a storage facility. All costs, for packing,
moving & storing your possessions will need to be paid, by you, before we will release the location or
contents to you. At this time, the only address we have for you is your former residence at the River
Rock property. If you want the required notice sent to you at another address, we will need that
information.
Rgh
CONFIDENTIAL: A TIORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE This e-mail
may contain legally privileged or confdential information. If you are not the intended recipient, please
do not read, copy, use, or disclose this communication to anyone other than the intended recipient. If
you have received this message in error, please notify the sender and delete the email message from
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax
advice contained in this communication (including any atachments) is not intended or written to be
or (ij) promoting, marketing or recommending to another party any transaction or matter addressed
herein.
1
RichardG. Hill
From: Richard Hill [rhill@richardhillaw.comJ
Sent: Wednesday, November 09, 2011 1:53 PM
To: 'zachcoughlin@hotmail.com'
Subject: FW: My calls my stuf
.
Mr .. Coughlin - receipt of your email below is adowledged.
you have not called or emailed me or my ofice in response to my multiple requests to get
your stuff out of the house. the lien on your property grows daily.
we !ow You have broRen into the house. we have photos & video.
therefore, you Rno what the status of the prperty is.
furher, your CRIMINAL acts have compromised the integrity of the home.
the longer this drags on, the more IiRely that your possessions may get stolen.
please review NRS 118A.460.
you have duties of cooperation and mitigation; both of which you are breching by the
minute.
what do you propose In terms of getting your possessions out and cleaning the property?? BE
SPECIFIC AND REALISTIC.
you may not b on the property without prior permission - clearly communicated to you I N
ADVANCE- and this Is NOT such a communication.
please confine yourself to email and deal with me on this.
please try to get real.
yur gamesmanship is substantial, but both counterproducive and doomed.
as a lawyer, you Rnow that neither an appeal nor a motion for stay afec the operation of a
judgment.
LET'S eET REAL!!!
rh
From: csey Baker [mailto:cdbaker@richardhillaw.com]
Snt: Wednesday, November 09, 2011 1:21PM
To: rhill@richardhillaw.com
Subjec: F: My calls my stuf
From: zachcoughlin@hotmail.com [mailto:zachcoughlin@hotmail.com]
Snt: Wednesday, November 09, 2011 12:44 PM
11/19/2011
To: Cse Baker
Subjec: My clls my stuf
Donlt ignore my calls about my possessions. You potentially conducted an illegal lockout of a law
offce an inspection outside my presence. The lease requires my presence. It also makes your guy
responsible for the electric bill, read it carefully. Show your proof of any "receipt" of any lockout order
24 hours prior to your actions. My possessions better be safe and afforded all legal proetections and I
want updates one whatf is being done with them and an opportunit to clean or otherwise put the
premises in the condition I intended to leave it in prior to the i11egal lockout. I wat my possessions that
are in te house and all privacy rights respected. There is a motion for stay in district court right now.
No virus found in tis message.
Checked by AVO - www.avg.com
Version: 201 2. 0.18691 Virus Database: 2092/4606 - Release Date: 1 1 /09/ 1 1
1 1 1 1 9120 1 1
Richard G. Hill
From:
Sent:
To:
Cc:
Subject:
Thursday, November 10,2011 1 :36 PM
'Casey Baker'
FW: 121 river rock
here's another copy of this email
-----Original Message-----
From: Richard Hill [mailto:rhill@richardhillaw.com]
Sent: Monday, November 07,2011 8:26 AM
Subject: 121 river rock
Mr Coughlin - we need to hear from you about getting your stuf out of the house.
It is time to start dealing with reality.
May we please hear fom you??
Rgh
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE This e-mail
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed
herein.
1

.
Richard G. Hill
From:
Sent:
To:
Cc:
Subject:
Thursday, November 10, 2011 1 :37 PM
'Casey Baker'
FW: 121 River Rock
here's another copy of this email - and there have benn NO BOUNCEBACKSI
Sent: Tuesday, November 08, 2011 8:32 AM
Subject: 121 River Rock
Mr. Coughlin - You have not responded to my requests that you make arrangements to get your
personal possessions out of the home. As you have been informed, Dr. Merliss is entitled to, and
does claim, a lien for storage & inventorying of all items in the river rock house. Please see, NRS
118A.460
To that end, I have made arrangements to meet with the moving company today at 11 :00 A.M., at the
property, to start actually moving your possessions into a storage facility. All costs, for packing,
moving & storing your possessions will need to be paid, by you, before we viIIJelease the location or
contents to you. At this time, the only address we have for you is your former residence at the River
Rock property. If you want the required notice sent to you at another address, we will need that
information.
Rgh
CONFIDENTIAL: ATIORNEY WORK PRODUCT; ATIORNEY-CLIENT PRIVILEGE This e-mail
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed
herein.
1
Richard G. Hill
From: Richard Hill [rhill @richardhillaw.coml
Sent: Friday, November 11, 20119:27 AM
Subject: .RE: Rich billing for reviewing "huge" stack of emails but failing to refect rent deductions in late itemizing
this is utter jlbberish.
and you are lying about contacts with us
do you maRe this stuf up all by yurselm
Frm: zachcoughlin@hotmail.com [mail to:zachcoughlin@hotmail.com]
Sent: Friday, November 11, 2011 12:50 AM
To: casey Baker; rhill @richarhil law.com
Subjec: Rich billing for reviewing "huge" sack of emails but failing to reflect rent deductions in late
itemizing
Hi Guys,
I have been having some technical difculties, some emails appear blank or black, kind of like
your client described in response to some of my emails. Hey, ever heard of a litigation hold
notice? That is what this is ,please retain and failure messages you recieve in your own email
which might prove that an email you sent me just didn't quite make it. You know just producing
a copy of some email you sent me (even though i have repeatedly told you i dont consent to
service electronically in any form and am not a registered efler like you two legal eagles) is not
going to be good enough when i break out the old litigation hold notice and anything elese that
might tend to show any emails you sent could not have made it to me .... why such a rush, Boys?
You are doing your patented and typical bag up milking job on thos headstrong rich client of
yours ... smell the fowers a little. For instance, you don't want to do an illegal lockout and illegal
inspection, particularly where the lease calls for my presence at any inspection and then if you
did not make sure the "receipt" requirement was met for any lockout order then went ahead and
violated someone's constitutional rights to boot. Plus you are way late on the FDCPA stuf, and
the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates justice court
matters into 3 types, ad the civil actions mentioned in seller's prevailing party fee statute is
mentioned as different from landord tenant cases and small claims cases .. So where is your good
faith basis for moving for atty fees, much less for $20k worth of them. Why did you cite the
controlled substaces maufacture statute to support your atty fee motion? I pulled every
eviction y'all ever done ... RJC has been like swinging the bat in the on deck circle with 5 donuts
on the bat for me, gentlemen. For you, its been the polar opposite. But we gettin' called up to
the show! You never know when you are on tape or flm guys. And my bat speed is lookin'
tremendous. 1 have tried again and again to get some response from you guys about accesing my
important fles and keeping my very valuable possesions safe but have yet to here back feom
you, in the event you have done a lockout. Mr. Baker said he did some filmmaking or something
when he broke in to any attorneys ofce, it was hard to hear through all the cooing. Anyways, I
aren't that smart, but dontcha have to like store my possessions afer movin' them somewhere
safe, the make a reasonably diligent atempt to rent the place out to mitigate and damages or lost
rent, plus provide me my deposit within like 10 days or something? I know mighty Casey likes
to give me IiI research projects, but I am busy feshing out some motion work right now, so
maybe you get on that and let me know when and where 1 can get my things and valuable client
fles, hopeflly you two points of light haven't done nuthhin' to 'em. Now, I dont want to come
between you and Casey .. .1 know he is probably getting a little tired of you keeping most of the
proft while he gets dirty doing the gutters, but you guys have a nice Iil batman robin thing going
and it would be a shame to see it end, so let's just try and make this work.
1 1 1 1 9/201 1
Richard G. Hill
From:
Sent:
To:
Subject:
Ri chard Hi ll [rhi l l @ri chardhi l l aw.com]
Sunday, November 13, 2011 8:50 AM
'zachcoughl i n@hotmai l . com'
FW: Reasonabl e storage etc
mr coughli n - this wi l l acknowledge that you have fi nal ly made contact with my ofice about your
posessions.
1
- I have asked that you confine yourself to emai l s.
Cal l i ng TWICE at 11 pm on a Saturday nite ( yes, we have captured it) is not really reasonable
-
even
for you.
2:. you have sti l l not told us what you propose to do, how you propose to do it, or even when you
propose to do whatever it i s you think that you want to do.
3- do you real ly thi nk anybody wants your stuf?
ONE MORE TIME .-.- LiT'S GET REASONABLE. LET'S DEAL WITH REALITY.
May we please hear from you??
rgh
-----
Origi nal Message
----
-
From: cdbaker@richardhi l l aw. com [maHto:cdbaker@ri chardhi l l aw.com]
Sent: Sunday, November 13, 2011 6:47 AM
To: rhil l@richardhll law.com
Subject: Fw: Reasonable storage etc
> -------Origi nal Message
-------
> From: zachcoughl i n@hotmai l.com <zachcoughl i n@hotmai l . com>
> To: cdbaker@richardhi llaw.com <cdbaker@richardhi l law.com>,
> cdbaker@richardhillaw. com <cdbaker@richardhi l l aw.com>
> Subject: Reasonabl e storage etc
> Sent: Nov 12 '11 23:28
>
> Hi Dick and Casey, I wi sh you guys woul d respond to my attempts to
> get my stuf . .. i i magi ne you have done an i l legal lockout at thi s
> poi nt probably tryn' get atty fees even though thi s was not a civil
> action under NRS 69.030 see JCRCP R 3 for bthe 3 di stinct types of
> cases i n NV justice courts .... and i know you probablyy want to act
> like you have a lien over my property based on any void atty lien you
> may be able to get, but go ahead and see doyle and 118a.460 for
1

> l andlords duty re personal pro
J
ry. But first you guys have to
> respond to my requests to at least let me get the really urgent
> propery much less al l of it. I mean, dont you want to rent the pl ace
> out shoul d a duty to mitigate be appl ied towards your cl ient? Of
> course should the stay be granted, i would need you to get everythi ng
> ready for me quickly so my hi gh stakes l aw practice doesnt incur even
> more consequential damages ... matsoyacick for your mitig duty ... lease
> provide me written notice of when you agree to quit i l legal ly hol di ng
> my personalty i f that what you are up to now .... you now l andlord
> l iens have been abol ished right? So any such threats you may have
> made about that or about chargi ng rent for the resi dence as a stand in for your duty to put it in
storage just opens a pandora's box for you, m'kay?
2
Richard G. Hill
From: Richard Hill [rhi
'
lI@richardhilfaw.com]
Sent: Sunday, November 13,2011 9:11 AM
Subject: RE: Should i continue copying your associate
mr coughlin - why would you want to deprive casey or me of the awe of your ability to
fabricate and the truly breath taRing scope of your ravings.
can you say S T A L K I N C?77
clean up you act & move on - NOW
From: zachcoughlin@hotmail.com [mai lto:zachcoughlin@hotmal l.com]
Snt: SaturdaYI November 121 2011 11 :34 PM
. To:. cdbaker@richardhillaw.com; rhill@richardhi llaw.com
Subjec: Should i continue copying your associate
On corespondence in this case? Or has Dick come on as the middle relief pitcher here? Good
job casey, you have made a lot of progress as an aty, even filing errata and stuff,almost, almost
unprompted, doesn't that feel good? Someday maybe you will have your own practice and you
can stay on the cases when they get a litle involved ...
1 11 1 3/201 1
Richard G. Hill
From:
Sent:
To:
Subject:
Mr. Coughlin -
Wednesday, November 16,2011 5:55 AM
'zachcoughlin@hotmaii.com'
River rock, etc
1- stay away from my ofice, me & my staf
2- you owe $30 per day for storage alone, since the first of the month.
How unfair is that, especially since you were even living there until the 13th??
There is also the matter of the $1,000 that we had to spend to secure your propery after you
physically compromised the security of the house .
. The statute says that the landlord is entitled to collect the storage etc, BEFORE releasing the
tenant's property.
Sounds like a lien to me.
3- I will get your wallet for you, but will not allow you into the house until you have a plan - a real plan
- to get your stuf out - and you pay the money owed per nrs 118A.460.
PLEASE TRY TO CONTROL YOURSELF & DEAL WITH REALITY
Rgh
CONFIDENTIAL: A TORNEY WORK PRODUCT; A TORNEY -CLIENT PRIVILEGE This e-mail
you have received this message in error, please notif the sender and delete the email message from
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herein.
1
Richard G. Hi ll
Sent: Thursday, November 17,20113:11 PM
Subject: RE: FILING READY SANCTION MOTION ATTACHED; DEMAND FOR RETURN OF PROPERTY
Mr. Coughlin - your emails below are so ful l of outright lies and misstatements, that it is
impossible to address them all and tough to fgure out where to start.
1- we both Rnow that the reason you were not responding to my emails about getting your
. stuf out is because you wer ensconced in the basement for almost two weeRs & thought we
would never figure it out. you have fabricated the part about calling or contacting us to get
your stuff out (please be sure to save your cell phone bill, as it should show who you acually
called & when. please be sure to presere all evidence.) the fac is, I was em ailing you & you
were not responding. y now bear the consequences of your foolish decisions.
2- you had ample time to get your stuff out afer you were apprised that you were going to
actually be 10cRed out. you had a weeR, but did nothing.
your refrence to 10 minutes is j ust nonsense. you chose to use the time you had to get yourself
rat holed in the basement, rather than deal with reality and get your stuf out.
3- the form you slid through the mail slot last night cahllenes the landlor's "LIEN." please
100R at your form and the statute, NRS 118.460, AGAIN. It controls, whether you liRe It or
no.
4- you can get your possessions out ANYTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS:
a- you owe & must pay, in cash, $30 per day ($900/30 = $30)starting November 1, 2011, for
storage. there is no requirement that we move your stuff. you picR the date and pay through
that date - BEFORE you get your stuf. LOOK AT THE STATUTE!
yes, we coul d pay $2,000 to move your hoard of goods into a storage facility.
however, while the rent might be cheaper, the total would b far more than just leaving it
where YOU LEFT IT. w are mitigating your damages, and actually maRing it cheaper for you
to get your stuff released from the statutor lien.
b- because of your repeated breaR-ins, which compromised the security of the home, yu
need to also pay the $1,060 that the contractor charged to secure the home and its contents
( your valuable possessions). that price does not i nclude the basement door that was destroyed
in the prcess of geting you out when yu were arrested. but, if you pay the other related
cost, we will recommend that Dr. Merliss waive the damaged door.
c- you will NOT be allowed to taRe your computers & drugs and leave al l the rest of the mass
of junR for us to dean up at the house. you need to cooperate.
d- you will need to demonstrate the financial abilit and adequate manpower to get
substantial ly everhing out in one day. we suggest that means a u-haul, or something similar,
and some manpower to assist. we MAV be willing to al low you more time, depending on your
deporment, your sincerity and your e orts. to date, you have been sorely lacRing on all fronts.
if you want to maRe a proposal, put It in an email & send it baeR.
however, please Reep it real. you are not in control - on many levels.
5- we thlnR that you are correc, the justice's cour award of costs should be vacated.
we will prepare a stipulation & frward it to you electronical ly. please confirm that you will
1 1 11 7/201 1
......
sign & rtur the original. that would be a good step on the road to sincerity.
6 - PLESE STOP THE VULCARITV WITH MV STAFF. there is no excuse for abusing other people, it is
not your right. the more difficult you maRe things, the more difficult things will be.
7 - so we are al l clear: UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION FROM ME,
YOU ARE NOT TO BE ON THE PROPERTY FOR ANV REASON. plese see NRS 22.020.
may we please hear fom you - in an email?
rgh
Frm: Zach Coughlin [mai lto:zachcoughlin@hotmail.com]
Snt: Wednesday, November 16, 2011 5:20 PM
To: rhill@richardhi llaw.com; cdbaker@richardhillaw.com
Subjec: FlUNG READY SANCTON MonON ATTACHED; DEMAND FOR RETURN OF PROPERT
MERLISS V. COUGHLIN REV 2011-001708
MonON FOR SANCONS
THIS WRITING INTENDS TO S
ERVE AS A FIUNG READY MonON FOR SANCONS RElTED TO THE IMPERMISSIBLE AND LEGALLY
UNSUPPORTABLE REQUES BY BAKER AND HILL ON BEHALF OF THEIR CLIENT MERLISS FOR ATORNES FEES
IN JUSTICE COLIRT FOR A NON CIVIL ACON MATTER, SEE NRS 69.030 AND JCRCP RULE 3 AND THE lAW AND
ARGUMENT DEAILED HEREIN ..
RICHARD HILL, YOU HAVE MY WALLET AND MY CELL PHONE AND MY HARD DRIVES, CLIENT FILES, lAPTOPS,
DESKTOP COMPUTERS AND OHER 'PERSONAL PROPERT IN YOUR CONTROL AT 121 RIVER ROCK S RENO
NEVADA 89501. 1 DEMAND YOU ALLOW ME TO ACCESS I. I WAS NEVER PROVIDED THE 10 MINUTES TO GRAB
MY SUFF BEFORE ANY ILLEGAL OR LEGAL LOCKOUT WAS PUT IN PLACE.
Dear Richard and Casey,
Tbis is not a joke. I have written and called and made requests for a time and place to get my property. It sems that
you are perhaps trying to run up some impermissible "storage fee". I want to get my stuff. Of supreme importance is
getting my client files, hard drives, laptops, computers, printers, scanners, etc .... Please do not invade my privacy or any
of the attorney client privleged materials at 121 River Rock. You have failed to respond to my requests for a time and
place to get my stuff, instead choosing to threaten to have me arrested for the most dubious of reasons. I represent
poor people for peanuts, not Beverly Hills High School graduate Neurosurgeons who can afford to blow $20K on
seeking summary evictions despite a clear demonstration of a retaliatory motive on their part, established In emaisl,
photos, and videos.
I will be availabe whenever and wherever, just let me know when I can get my stuff. Any days for which you believe I
owe some lien, please provide proof that you returned any of my correspondence shOwing an intent on your part to
allow me access to the property to remove my stuf. Please do not destroy or fail to account for any returned to sender
or otherwise "undeliverable" messages you may have received for any em ails sent to my address .. A failure to do so on
your part is tantamount to fraud, in my opinion. Mr. Baker, if you have alleged proof of my receipt of any such
correspondences from you or Mr. Hm, please provide proof thereof, and further attest that neither you nor Mr. Hill
received any such return to sender communication. I have previously indicated to you that I do not consent to your
attempts to speed up what is already a "warp speed" process through your impermissible attempts to "serve" me
notice of anything electroniclly, as I do not consent to such service.
I do however, hereby consent to service via email, for the limited purpose, of your providing the date, time, and other
pertinent information related to, my right to retrieve my property and your intention to allow me access to so retrieve
my property, including any conditions upon which you place such a right of mine. You may email me at this address
for that purpose only.
1 1 / 1 7/201 1
Please provide me, in writing, information related to the availability or times during which I may have access to the
property to obtain my possessions. If you alleged some lien is owing prior to any success, access, please specify, in
itemized detail such a lien, tile legal basis for such a demand, and all other pertinent information in that regard.
Further,
Sincerely,
Zach Coughlin
I SEND YOU A WRmEN CORRESPONDENCE TO YOU EFILERS ON 1 1 12 11, WHICH READ:
Reasonable storage etc
11/12/11
zachcoughlin@hotmail.com
To cdbker@richarhlllaw.com, cdbaker@richardhillaw.com
Hi Dick and Casey, I wish you guys would respnd to my attempt to get my stuf . . . i imagine you have done an
illegal lockout at this point probably trn' get atty fee even though this was not a civil action under NRS 69.030
see JCRCP R 3 for bthe 3 distinct type of cases in NV justice courts .... and i know you probblyy want to act like
you have a lien over my propry based on any void atty lien you may be able t get, but go ahead and s doyl e
and 1 1 Sa.460 for landlords dut re personal property. But fi rst you guys have to respond to my request to at least
let me get the really urgent property much less all of it. I mean, dont you want to rent the pl ace out should a duty
to mitigate be applied towards your client? O course should the stay be granted, i would need you to get
everthing ready for me quickly so my high skes law practice doesnt incur even more consequential
damages ... matsoyaclck for your mitig duty .. .Iease provide me written notice of when you agree to quit Illegally
holding my personalty if that what you are up to now . . . . you now l andlord liens have been abolished right? So any
such threats you may have made about that or about charging rent for the residence as a stand in for your duty to
put it in storage just opens a pandora's box for you, m'kay?"
Furher, the undersigned sent a written correspondence to Baker and Hill on apprximately November 12th
wherein a "litigation hold noticd" was placed upon Baker and Hill respecting wheher any such emails Hill
allegedly sent the undersigned were returned to Hill as undeliverable. Regardless, the undersigned cn attes that
no emails such as those reference by Casey Baker were received from Richard Hill as of Novembr 12th, 2011.
Hill and Baker have been negligent i n allowing an attrney access to impornt client file, and furher have
potentially broken the law with regard to making written statements that they wer bi l l i ng the full $900 rental
value of the property to the undersigned, even afer any eviction they sought to enforce, perhpas even through an
illegal lockout, depending upon the i nterpretion of the term "receipt" of any such lokout order within "24
hours" ... whether that is "judicial hours" or not is debatabl e.
Merliss v Coughl i n rev 201 1 -00170S
CHAPTER 69 - COSTS
NRS 69.010
.
security for cost.
NRS 69.020 Prevailing party entitled to csts.
NRS 69.030 Prevailing party allowed attorney's fee to b taxed as cost in justice court.NRS
69.040

Coss must be included in judgment; cost bill; motion to retax costs.
1 1 1 1 71201 1
NRS 69.050
Award of cst to prevailing party by district cour on appeal frm justice cour.
NRS 69.010 Security for cst.
1. The justice may in all cases require a deposit of money t cover cost of cour befre issuing
the summons.
2. When the plaintif in an action is a nonrsident of the state of Nevada, or a foreign
crporation, upon motion of the opposite pary at any time befr final judgment such nonrsident
shall be requird to give security for all csts and charges that may be awarded against the
nonrsident plaintif. When such securit shall be ruird from a nonresident plaintif all
proceedings in the action shall be stayed until an underaking executd by to or more persons and
apprved by the justice shall be filed with the justice t the efect that they will pay such css and
charges as may be awarded against such nonrsident plaintif by judgment or during the progrss of
the acion. The underaking shall be in a sum not less than $100, or in lieu of the underaking the
nonresident plaintif may deposit $100 in lawl money with the justice, which shall be held subec
to the cnditions mentioned in this secon for the underking. When such securit shall be ordered
fom a nonresident plaintif, it shall be fumished within 30 days fom notice of the order, or upon
failure to fumish such security, judgment shall be entere for the defendant.
3. A new or additional underaking or deposit of cash may be orderd by the justice at any time
upon proof that the Original underaking or deposit is insuficient and procedings stayed for a
nonrsident plaintif until the same be furnishe or judgment entered. Afer the lapse of 30 days
from notice t a nonrsident plaintif that seurity has ben orere as rquird by this subsection
and upon proof tat no such underaking or deposit of cash has been made, the justice shall entr
judgment against such plaintif.
'
[1911 CPA 870; A 1917,424; NCL 9359]
NRS 69.020 Prevailing par entitled to costs. The prevailing party in justice cours is entitle t
c of te acion, and als of any predings taken In aid of an executon issued upon an
judgment rcvered therein.
[1911 CPA 871; RL 5813; NCL 9360]
NRS 69.030 Prvailing pary allowed attrney's fee to be taxed as costs in justice cour. The
prevailing party in any civil acion at law in the justic cours of this State shall receive, in
addition t the csts of cour as now allowed by law, a rasnable atorney fee. The atomey fe
shall be fxed by the justice and taxed as csts against the losing pary.
[Par 1911 CPA 872; A 1921,89; 1925,331; 1937,30; 1931 NCL 9361]
NRS 69.040 Cost must be included in judgment; cost bill; motion to rtax cst.
1. The justice must tax and include in te judgment the csts allowed by law to the prevailing
p
ary.
2. The par in whos 'favor judgment is rendered and who claims costs must deliver to te
justice, and sere a cpy upon the adverse par, within 2 days afer the verdict or notice of the
decision of the justic, or such furher time as may be granted, a memorandum of the items of the
coss and necssar disbursements in the acion, which memorandum must be verified by the oath
of the pary or the pary's atomey or agent or by the clerk of te par's atomey, stting that to the
best of his or her knowledge and belief the itms ar correc and that the disbursements have ben
necessarily incurred in the action. The party in whose favor judgment is rendered shall be entite to
rcover the witness fes, although at the time the pary may not have acually paid them.
3. Issuanc or serice of subpoena shall not be necssar t entitle the prvailing par t t as
1 1 1 1 7/201 1
costs witness fees and mileage, providing that such witnesss b swor and testify in the cuse.
4. It shall not be necessar to embody in the memorndum the fees of te justice, but the justic
shall add the same accring t the fees of the justic fxed by statute.
5. Within 2 days afer serice of a cpy of the memorandum, the advrse par may move the
cour, upon 2 days' notice to retax and setle the csts, a copy of which notice o motion shall b
flied and sered upon the prvailing pary claiming costs, and therupon the justic shall setle the
costs.
6. If the judgment is entered by default it shall not be necesr to make seric of a copy of the
cost blU.
[1911 CPA 836; A 1913, 364; 1925, 15; NCl 9325]
NRS 69.050 Awar of costs t prvailing pary by distric cour on appeal from justce cour. In
the event of an appeal, the disric cur is authorized t award t the prvailing pary aU c of
cur as now allowed by law incurred by such pary, and als a resonable attrey fee to b fixed
and allowed by the distric cour fr all serices rendered in behalf of the prevailing pary.
[Par 1911 CPA 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL 9361]
West's Nevada Revised Statutes Annotated Currentness
Justice Cour Rules of Civil Procedure
E.I Introducion--Scope of Rules--Thre Forms of Acion
.RULE 2. THREE FORMS OF ACTONS
Motion to Vacte Summar Eviction Order; Motion to Vacate Awar of Fees and Costs; Motion to Vacate Order for
Inspection;
(e) Motion t Alter or Amend a Judgment.
West's Nevada Revised Statutes Annotated Currentness
Justic Cour Rule of Civil Procdure
r VII Judgment
. RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(al Grounds. A new trial may be grante to all or any of the paries and on all or par of the issues for
any of the following causes or grunds materially afecing the substantal rights of an aggrieved
pary: (1) Irregularity in the proceings of the cour, jur, master, or adverse pary, or any orer of
the cour or master, or abuse of discretion by which either party was prvented from having a fair
trial; (2) Miscnduct of the Jur or prevailing party; (3) Acident or surprise which orinar prudence
could not have guarded against; (4) Newly discovered evidenc material fr the par making the
motion which the pary could not, with reasonable diligenc, have discovere and prduce at the
triali (5) Manifest disrgard by the jur of the insucions of the cour; (6) Excssive damages
appearing t have been given under the infuenc of passion or prejudic; or, (7) Errr in law
occurring at the trial and objeced t by the pary making the motion. On a motion for a ne trial in
an acion trie without a jur, the cour may open the judgment if one has been entered, take
additional testimony, amend fndings of fact and cnclusions of law or make new fndings and
conclusions, and direc the entr of a new judgment.
.
(b) Time for Motion. A motion for a new trial shall be fled no later than 10 days afer seric of
11117/2011
written notice of the entr of the judgment.
(c) Time fr Sering Afidavit. When a motion for new trial is based upon afdavits they shall be
fled with the motion. The opposing pary has 10 days afr seric within which to fle opposing
afidavits, which period may be extended for an additional period not exceding 20 days either by
the cour for good cus shown or by the paries by written stipulation. The cour may prmit rply
afdavits.
(d) On Cour's Initiative; Notic; Specifying Grounds. No later than 10 days afer entry of judgment
the cur, on its own, may order a new trial for any reason that would justif granting one on a
par's motion. Afer giving the paries notice and an opporunity to be heard, the cur may grant a
timely motion for a new trial for a reason not state in the moton. When granting a new trial on its
own initiative or for a reason not stated In a motion, the cour shall specif the grunds in its order.
(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall b fled no
later than 10 days afe . seric of writen notice of entr of the judgment.
CREDIT(S)
A amended, ef. July 1, 2005.
<ADOPTED
BY THE
SUPREME COURT OF NEVADA>
ADVISORY COMMI EE'S NOTE.
The 1965 amendment to JCRCP 59(a) deleted ground (7) ("Insufcienc of the evidence to justif
the veric or other deciSion, or that it is agains law. j. See cncurring opinion of Thompson, J., in
Cit of Reno v. Van Ermen, 79 Nev. 369, 385 P.2d 345 {1963}.
.
Justice Cour Civil Procdure RULE 59, NV S J CTS RCP RULE
There shall be three forms of acion in justce curs to be known as " civil actionsI" "small daims
actions" and "summar evicion actions." Rules 3 thrugh 87 govern civil actions. Rules goveming
small daims actions begin with Rule 88 and end wit Rule 100. Rules governing summary evicions
commence with Rule 101.
) Irregularity in the proceedings of the cour, jur, master, or advere pary, or any order of the
cour, or maser, or abuse of discrtion by which either pary was preventd frm having a fair trial;
11/1712011
clearly, the court's confiscating tenant bank account, practically in its entiret for about one month
qualifes, paricuularly where the BENCH BOOK and nevada law forbids doing such. furher, an
unnoticd Order For Insepction at te close of trial and the i mpermissi ble admitting writen
setlement negotiations in to the recor calls fr a new trial and vacting the judgment. all this was
objeced to on the rcrd.
2) Misconduct of the jury or prevai l i ng par;
The argument made in previous filings are hereby i ncorporated by reference; evidnet impariality.
(3) Accident or surprise which ordinary prudence could not have guarded against;
i llegal lockout and problems incident thereto cover an untimeliness of an opposition to the motion for fees and
cost.
(4) Newly discovered evidence material for the party making the motion which the party could not, with
reasonable dil igence, have discvered and produced at the trial;
(5) Manifest disregard by the jur of the instructions of te court;
(6) Excessive damages appearing to have been given under the influence of passion or prejudice; or,
(7) Error in law occurring at the trial and objected to by the party making the motion. On a motion for a
new trial in an action tied without a jury, the court may open the judgment if one has been entered, tke
additional testimony, amend findings of fact and concl usions of law or make new findings and conclUSions, and
direct the entry of a new judgment.
Many errors i n l aw in the Order, particularly Judge Sferraza saying a white male cannot be discriminated against
in open cour. Further the unduly burdensome nature of Judge Sferraza, essentially, convering to the court the
tenants only money in the world, practically $2275, impermissibly under the BENCH BOOK and NRS 40.253(6) calls
for a new "Tria/" and the judgment to b vacate in toto.
Justice Cour Rules of Cil Procedre RULE 2
RULE 2. THREE FORMS OF ACIONS
There shall be three forms of acion in justic curs to b known as " civil actions," "small claims
actions" and "summar eviction actions." Rules 3 through 87 govern civil acions. Rules governing
small claims actions begin with Rule 88 and end with Rule 100. Rules governing summar evictions
cmmence with Rule 101. Afercare of Clark Count v. Justice of Las Vegas Tp. ex rei. County of Clark, 82
P.3d 931, 936, 120 Nev. 11 9 (Nev. Jan 231 2004) (NO. 38625, 38626)
Clearly, this was a Summary Evicion Proceeding later converted to a Summary EViction Trial, regardlessl it was
not a "Civil Action" as defined under JCRRP 2, an as such NRS 69.030 in inapplicable and the attorney's fees and
csts should b vacated or stricken. As to the csts, the issues is law of the case or res judiciat (as is te mater
1 11 1 7/20 1 1
. . ....,,
of any superseadeas appeal bnd being, if any, only $2275, that is if the IFP does not cover such a bond, will
arguably, it does . . .. )
A party who prevai l s on a summar . evicion cl ai m is not entitled to an award of
atorney's fees where there is neither contractual nor statutory authorit for an award.
[ FN2] A prevai l i ng party may be awarded attorney's fees pursuant to a lease provi si on. [ FN3]
However, i t has been held that a trial court's statutor authority to award attorney's fees
incurred by a lessor i n a successful forcible-detai ner acti on coul d not be expanded by the lease
where the statute did not authorize attorney's fee awards. [ FN4]
[FN1] Keal v. Day, 164 Ohi o App. 3d 21, 2005-0hi o-5551, 840 N. E. 2d 1 139 (1st Dist.
Hami l ton Count 2005).
[FN2] Hami lton v. Wi lHam Cal omi ris Inv. Corp., Inc., 461 A.2d 466 (D. C. 1983); Satel l ite
Gateway Communications, Inc. v. Musi Di ni ng Car Co. ( I nc., 110 N. J. 280, 540 A. 2d 1267
(1988); H-T Enterprises v. Antelope Creek Bison Ranch, 2005 ND 71, 694 N.W. 2d 691
(N. D. 2005); Ot of Gahanna v. Eastgate Properies, Inc., 36 Ohi o St. 3d 65, 521 N. E. 2d
814 ( 1988).
[FN31 Tufco, Inc. v. Pacifc Envi ronmental Corp. , 113 P. 3d 668 (Al aska 2005); North
Associates v. Bel l, 184 Cal . AP. 3d 860, 229 Cal . Rptr. 305 (st Dist. 1986); Integra
Financial, Inc. v. Grnberg Petrol eum Co. , 74 P. 3d 347 (Col o. Ct. APR. 2002) (recognizing
the rule); Hardwick, Cook & Co. v. 3379 Peachtree, Ltd. , 184 Ga. AP. 822, 363 S. E. 2d 31
(1987); ShiRka v. I nserra, 21 1 II I . AR. 3d 735, 156 II I . Dec. 128, 570 N. E.2d 604 (1s
Dist. 1991); Borne v. Wi /ander, 509 So. 2d 572 (La. Ct. App. 3d Or. 1987); Bay Park One
Co. v. Crosby, 109 Mi sc. 2d 47, 442 N.y. s. 2d 837 (App. Term 1981); Keal v. Day 164
Ohio AR. 3d 21, 2005-0hi o-5551, 840 N. E. 2d 1139 ( 1st Di st. Hami lton Count 2005);
Desmarai s v. The Stayers, Inc. , 182 Or. App. 338, 5 1 P. 3d 1 (2002); M H 2 Co. v. Hwang,
104 Wash. App. 680, 16 P. 3d 1272 (Div. 3 2001).
[FN4] Camel back Plaza Development, L. C. v. Hard Rock Cafe I ntern. (Phoenix), Inc. , 200 Ariz.
206, 25 P. 3d 8 (Ct. AP. Div. 1 2001).
concl usi on:
1 1 / 1 7120 1 1
As such the undersigned herei n requests and emergency order al l owing the undersigned to at
least obtai n such exigent materi al s as hi s wal l et, hard drives, computers, l aptops, pri nters,
scan ners, and client files and cel l ular phones from teh 121 River Rock St. 89501 Residence in
addition to a n order setti ng aside th recent i mpermi ssi bl e award of attorneys fees.
Signed thiS NOvember 16th, 201 1
/5/ ZACH COUGHLIN ELECRONICALLY SIGNED
Zach Coughl i n
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
W* Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 1 8
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contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you
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computer, and destroy any copies in any form imediately. Receipt by anyone other than the named recipient(s) is
not a waiver of any attorney-client, work product, or other applicable privilege.
11117/2011
Richard G. Hi l i
Sent: . Friday, November 18, 2011 6:52 AM
To: 'zachcoughl i n@hotmaiI,Cm'r
'
Subject: RE: issues
. mr coughl in - for a moment ther, i thought that you were going to hold it together.
you need to respond to my email of yesterday, which is pasted below. it adequately describes
what you need to do and pay. see partagraph 4!!
my ofer to retrieve your wallet Is still open, and it extends to your "client files," even though
you had a residential lease that did not contemplate you running an unl icensed business.
if you continue the game that you did not get my emails, then I thin that you put the
contents of your computers at issue, and we need to be concerned about issues such as
spoliation.
you need to respond to this, or my email of ysteday - pasted belo.
rgh
Mr. Coughlin - your emails below are so full of outright lies and misstatements, that it is
impossible to address them all and tough to figure out where to star.
1- we both now that the reason you were not responding to my emails about getting your
stuf out is because you were ensconced in the basement for almost two wes & thought we
would never figure it out. you have fabricated the part about calling or contacting us to get
your stuf out. (please be sure to save your cell phone bill, as it should show who you actually
called & when. please be sure to presele all evidence.) the fac is, I was emailing you & you
were no responding. you now bear the consequences of your foolish decisions.
2- you had ample time to get your stuff out afer you were apprised that you were going to
actually be loced out. you had a wee, but did nothing.
your reference to 10 minutes is just nonsense. you chose to use the time you had to get yourself
rat holed in the basement, rather than deal with reality and get your stuf out.
3- the form you slid through the mall slot last night cahllenegs the landlor's "LIEN." please
loo a your form and the statute, NRS 118.460, AGAIN. it controls, whether you Iie it or
not.
4- you can get your possessions out ANYIME, BUT ONLY ON THE FOLLOWI NG
CONDITIONS:
a- you owe & must pay, i n cash, $30 per day ($900/30 " $30)staring Noember 1, 2011, fr
storage. there is no requirement that we move your stuf. you plc the dae and pay through
that date - BEFORE you get your stuff. LOOK AT THE STATUTE!
yes, we could pay $2,000 to move your hoard of goods into a storage facility.
however, while the rent might be cheaper, the total would be far more than j ust leaving it
where YOU LEFT IT. we are mitigating your damages, and acually maing it cheaper for you
to get your stuff released from the statutory lien.
11118/2011
1 aj1 A V1
b- because of your rpeated braR-ins, which compromised the security of the home, you need to also
pay the $1,060 that the contractor charged to secure the home and its contents( yur valuable
possessions). that price does not Include the basement door that was destroyed in the process of
getting you out when you were arrested. but, if you pay the other related costs, we will recommend
that Dr. Merliss waive the damaged door.
c- you will NOT be allowed to taRe your computers & drugs and leave al l the rest of the mass of junR
for us to clean up at the house. you need to cooperate.
d- you will need to demonstrate the financial ability and adequate manpower to get substantially
everything out in one day. we suggest that means a u-haul, or something similar, and some
manpoer to assist. we MAY be wil ling to al l ow you more time, depending on your deportment, your
sincerity and your effors. to date, you have been sorely lacRing on al l fronts.
if you want to maRe a proposal, put it in an email & send it bacR.
however, please Reep it real . you are not in control - on many levels.
5- we thinR that you are correct, the justice's court award of costs should be vacated.
w will prepare a stipulation & forard it to you electronically. please confin that you will Sign &
return the original. that would be a good step on the road to sincerity.
6 - PLEASE STOP THE VULGARITY WITH MY STAFF. there is no excuse for abusing other people, i is
no your right. the more difficult you moie thlngs, the more difficult things will be. '
YOU ARE NOT TO BE ON THE PROPERTY FOR ANY REASON. please see NRS 22.020.
may we please hear from you - in an email??
rgh
Frm: Zach Cughlin [mailto: zachcoughlin@hotmail .com]
Snt: Friday, November 18, 2011 2: 54 AM
To: rhill@richardhlllaw.comi cdbaker@richardhi llaw.com
Subje: issues
To the Law Offces of Baker ad Hill:
Dear Mr. Hill and Mr. Baker,
If l owe you or your client money, please just tell me how much. I need to get
my client fles. I am sure you can imagine how uncomfortable you would be
if I had ousted you fom your offce and had crews running in an out, able to
do who knows what with confdential fles, hard drves, etc,
I just want my stuff, If you feel l owe something or that you have a lien
please email me an itemzed statement ad who knows i might pay it problem
solved. I don't want to go to court on this, you don't need to bill more on
1 1 / 1 8/201 1
,,.
thi s; at this point, I didn't cause Mr. Hill to go over to 1 21 river rock the oter
day, THere is no law I know of that I says I can't be on the sidewalk near the
home. Mr. Hill was driving while filming me on the sidewalk and told me he
was going to have me arrested, then refused to even let me get my client fes
or hard drive or cell phon eo rwallet even fom the house made fn of me for
not beng as successfl a attorey as he or havng enough clients. He asked
me how moved my car, which tends to indicate Mr. Hill had discussions with
reno police department about the moving my car, not sure how appropriate
that is",Mr. Hill drove past my parked ca the other day in font of 33 st.
lawrence st. afer the police told me I would need to pursue a civil tact to get
my stuff and that I should move on . . .! dd but then they pulled me over. There
was an i ssue, I was told to park my ca, I did" Mr. Hill dove by shorty
thereafer probably purely by coincidence. . I was not up to something. I
didn't and don't have my wallet ide, bank cad etc, and the police made me
pak my car,
anyways, if you have a lien please itemize it from what date would you say I
failed to pick my styuff up? do you have confrmation that ay emal you sent
responding to my requests to get my stuffwas not retued undel iverabe to
you? If not, how can I be charged storage or fll maret value if you didn't
give me a opportunity to move stuff? frther I want to leave the property in
a condition that will beneft Dr. Merliss. The doors were takken off some
interior doors because they just seemed to clutter things (don't laugh) and I
was a single solo practitioner living and working alone I didnt need a door
every two feet. They were kept nice though and I can put them back, its not
hard, same wthn the cabinents etc . . . would like to touch up the steps a bit and
see what Dr. Merliss thinks of the tile in the foyer, kitchen ad bathroom, i
always intended to get te carpet back as its was if that is what the dr wanted,
but when atonion fooded the kitchen dining room area while fxng the
. washer the capet and padding got wet and moldy and smelled, plus, it is
slumlord caret no offense. it looked good for a short while, but it has no
densit to it and even steam cleaning it ad all that doesn not keep it looking
good for much more than a day, so i started the project you see there, and was
learnng to seem carpet together there is two layers of padding under the
carpet, previousy there was one it feels nice, the basement i s capeted now, b
efore t was a dirt hole with insulation fallen in places and cultvating mold.
there is a vapor layor. there is a foor to the attic now, i get it the house
looked great empt, but it lacks shelving and cabinents; and once you start
1 1 1 1 8/20 1 1
living in it looks different.
Rich, how are you going to call me a hoarder when you have like 6 Porsches?
i don't think dr. merliss is a bad guy at all, his aol make your own movie
things ;are very fnny and well written. i just think he fnds it easier and more
social acceptabe to blame me for things and ask me to foot the bill for them
where others are more justly the object of the intended accountability,
besides, if your diagnoseis is correct, ten i should have gotten to dsability
extensioin thing to stay longer.
also your client seems clueless to the fact that atty fee awads n justice ct are
imted to civil actions . . . . he should hae been infored of that before getting
20K deep, maybe he was, these neurosurgeons are very strong willed I know
my grandfather was the 4th ever in the state of Nevada:
Morell i v. Morelli, 102 Nev. 326, 720 P. 2d 704, 706 (1986), i l i ke
neurosurgeons my l aw school cl ass was ful l of them once they figured
out l awyers run the worl d. j ust ki ddi ng.
I dont feel i have hit bel ow the belt i n thi s case, and I don't hol d
grudges ask Spri nggate, that bloodsporti n' fencer. okay, maybe a i i i of
Tom Hall's "go to a guy's funeral just to make sure he i s, i n fact, dead
because you felt so antagoni cstic to hi m" bent rubbed off on me a
l i ttle bi t. . . . just ki ddi ng Tom' s the best. .
if the neurosurgeon wants to throw al l that money at an i ssue he
shoul d have the ri ght too, but thi s guy ki nd of pl ays dumb when hi s
own control freak nature (i nherent to al l doctors, especi al ly
neurosurgeons) and wi l l ful l ness begi n to turn on hi m, I doubt he was
not aware of the downsi des to goi ng the summary route (l i mited i n
what can be rul ed on or addressed, no atty fees, etc. etc) but now he
wants to act l ike its preposterous he i s hol di ng a 20K atty
bi l l ? seri ously, were my i nitial repai r ofers not competel y l ow bal l i ng
myself? it was the l ack of control and trust issues that got hi m, not
the costs of the repai rs, in my opi ni on. there are probl ems with hi s
retel l i ng of several events, the antoni on thi ng (what if I have
documentati on showi ng antoni o agreed there was a probl em and set
up an appt to come out and fix the toi let afer he had al ready been out
to exami ne it?) then the whol e darl ene green action 3 days 2K redo
1 11 181201 1
the weeds tel l i ng is very fl awed, etc etc . . . wel l doc don' t get your heart
set on evi cti ng a patent attorney with a l egal services background
where the facts are ki nd of bad on retal i ati on and habi tabl ity issues,
and al so want to get it done n a summary arena, then also want atty
fees, etc, maybe when you save peoOpl e l ives and your work is so
i mportant that l evel of i mpati ence and self centeredness i s
i nevitabl e . . . . i see where you are gong you feel there i s stronger
authort for getti ng atty fees on an enforcement theory, so, fi ne just
give me a bi l l and a ti me to get my stuf out of your hai r, and I wi l l
consi der l i tigati ng the hoarder/movng expenses/reasonabl e storage
issue l ater reservi ng my rght to but I don' t want to partici pate i n this
further runni ng up a justice court bi l l over si mpl e stuf . . . . when i was i n
the jOi nt i l earned to get i n touch with my femi ni ne/conci l iatory si de
real qui ck, counsel or, and maybe you coul d do that too to channel the
spi rit of settl ement? i saw an ad for you guys on that youtube thi ng
Ri ch tol d me about and t made you guys l ook great! real ly agressive
and thorough, you guys got a real ly badass cool ni ckname l i ke "The
Lycan Ri chard Hi l L . . " or somethi ng l i ke that, man, I wi sh i had a cool
ni ckname, that sounds l i ke a feroci ous mi ddl e l i nebacker or somethi ng
liThe Lycan" . . . thats great. . . now Rich, you di d seem to say some stuf
to me today or yesterday about bei ng a crackhead or somethi ng . . the
Iri sh have struggl ed and endured through the Engl ish maki ng fi shi ng
i l l egal where surrounded by water and fami ne (2 mi l l i on Irish stared
to death between 1848 to 1850) and have endured despite chemical
dependenci es issues bei ng rather preval ent, and perhaps more of a
medi cal i ssue than a moral fai l i ng, so I know you probaby woul d take
i t back if given a chance.
ivileged, attorey work product or exempt from disclosure under applicable low. If you are not the intended
recipient(s), you are notified that any disclosure, copying, distributio or any action token or omitted to be token in
reliance on the contents of this information is prohibited and may be unlawful. If you receive this message in error,
or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy .any
copies in any for immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any
attorey-client, work product, or other applicable privilege.
1 1 1 1 8/20 1 1
Richard G. Hi
Sent: Saturday, November 1 9, 201 1 6:43 AM
Subject: RE: filing ready sanctions motion
mr coughlin - thanb you for confirming that you have been receiving my emalls.
I will no waste my time arguing with you.
it is obvious that you are trying to create a flse paper trail.
your lacR of veracity is well documented.
the imporant points are:
1- you bnow what is claimed and why.
we have a bill, and, will have the contractor at the hearing on Tuesday - at your expense.
2- you bnow what you need to do to get your stuff. it's real Simple.
3- my offers regarding yur wallet & "client papers," remain open.
are you referring to the two smal l piles of paper on the car seat in the basement?
or, are you referring to the papers in the big blue bag11
4- cracR pipe & bag of weed - don't thinlb they are prescription
5- your statement about officer carter Is flse & defmatory and wi l l be forarded to rpd
time to get real
please act responsibly
rgh
From: Zach Coughlin [mai lto:zachcoughlin@hotmail.com]
Snt: Satrday, November 19, 2011 1: 26 AM
To: rhill@richardhillaw.com
Subje: filing ready sancions motion
Mat Merli ss v. Zach Coughlin Rev201 1 -001 708, Department 2
Dear Mr. Hill,
This is a fling ready sanctions motion.
rug\ 1 Vi I
I want to mae an initial written statement (and I believe I have already made an across the boad
announcement to Baker in a similar vein) that maes clear that I will not respond or refte every
baseless or false allegation you make or seem to make in your communications to me. For
instance, I do not know what you are referring to in your statements, in your email below, when
you wrote tat:
4- you can get your possessions out ANYTI ME, BUT ONL V ON THE FOLLOWINC
CONDITIONS: ... b- bcause of yur repeated breab-ins, which compromised the security of the
home, yu need to also pay the $,060 that the contractor charged to secure the home and It
contents( your valuable possessi ons) ....
1 1 1 1 91201 1
c- you will NOT be allowed to taRe your computers & drugs and leave aI/ the rest of the mass of jun
II
Mr. Hill, please provide factual support in witing for the extremely infammatory allegations you made
above. Also, please provide a detailed, itemized receipt from the "contractor" charge of $ 1 ,060 for
"securing the home". As far as I ca tell, someone nailed a few $20 pieces of plywood over the screens
on the back porch. Since when does that cost$1 ,060? Furter, you may well have caused your client
to
have to defend a wrongful arrest lawsuit, including defamation damages, consequential damages, etc . . .
All for what, so you can continue to bill, bill, bill? Aen' t you embarassed that the associate you are
under a duty to supervise attempted to sneak a $2,275 conversion to your client of a impermissible rent
escrow deposit past the court, while also trying to get about $20K in attorey' s fees where there exists
absolutely no basis in fact or law for such an award?
Now for your scadalous statement in your recent email, paragraph 4(c): "you will NOT be allowd to
taRe your computers & drugs and leave al l the rest of the mass of junR for us to clean up at the house.
you need to cooperate. ""
What on earth do you mean, sir, by "your computers & drugs"? Please prvide detailed and specific
fctual suppor for your accusation, otherise, I tORe your writing to be, esentially, some sort of
extorionate threat to attempt to frame me in some manner by planting "drugs" of some sor at the
residence. Perhaps, this is some last gasp attempt on your par to manufcture a basis for the
attorney fee award yur associate BaRer sought, when he cited to an attorney's fees provision in NRS
40, though, at the time, he admitted he was very much unaware that that prvision related only to
thos circumstances where a tenant ws guilt of manufacuring certain controlled substances at the
rental residence.
To me, your "drugs" blast is particularly Busch league and low rent and I hope that you will apologize
to me for maRing such a slanderous allegation. By "drugs" do you mean antibiotics? Do you mean
over the counter Unisom sleep aid? Do you mean Vitamins? Because, as I am sure you Rnow, the
tenor of your written comment implies something firly nefrious and prejudicial. I Rnow, from
reviewing your wr, that you are firly lazy and not al l that adept with research or computers.
Rather, you seem to be a paper reseller, prviding that serice to your clients at approximately a
90,00000 marRup. Did you find a prescription for an antibiotic or something and not bother to even
IOR up the prescription medication inser information? How might you have come upon such an
antibiotic, were you going through my personal items in an obsessive and patheic, brownshirt worhy,
attempt to find something, anything, to support what has beome a fairly pathetic case for yu to be
involved in? You are not to violate my privacy or my clients in any way, Mr. Hill. You have
manufactured a phony need to "store" my property In an, attempt to tr to collect something,
anything for yu or yur neursurgeon client, by refUSing to retur my calls or provide an appropriate
written response to my numerous request and attempts to get my personal prpery. You teach for
ever more far flung suppor fr your tenuous arguments related to some need to "secure" the
property ... you are doing a great job insuring I am prevented from getting my propery (which Includes
imporant and exigent client files, for
w
hich your filure to provide me access to is reprehensible and
tacRy beyond measure).
This recent apparently extortionate and patentl y false accusation on your par falls in line with th
character you evidence on or about November 16
th
, 2011 when you yelled at Coughlin, while you were
both driving one of you vintage Porches and simultaneously attempting to film Coughlin walRng on a
public sidewalR, that you "were calling the police and were going to have" Coughlin arrested, again.
Mr. Hill, I realize yu did not grow up with the internet and email. However, please realize, if one
sends an email and it is retured to them as undeliverable, it is rather easy to prove that. For instance,
let's say one adds to their email account's "blocRed sender" list the email address of an attorney(s) or
frm who continually attempts to circumvent the serice rquirements o a summary eviction
proceeding and maRe what is al ready a process that proceeds at warp speed even faster by
continuing to attempt to serice the opposing party elecronically or by email, even where the
opposing party was not a registered efller and continually provided written statements to opposing
counsel that email or other electronic methods of service would not be accepted and were inefective
1 1 / 1 9/201 1
in efecting serice of proess with respect to any matter. What then? What if there is rocR solid proof
that such an attomey was added to the "blocRed sender list", and that such proof concl usively shows
not only that the opposing counsel's asserions that he "Rnows" the other attorey received his emalls,
only furher dem(strate the baseless natur of nearly every asserion made b the said biocRed
sender?
Then, the blocRed sender 100Rs furher ridiculous by attempting to maintain that he didn't ever receive
any "retured as undeliverable" message upon his attempted emalls to the opposing counsel being
"bloCRed", as a consquence of the attorney's email adress being added to the "bloRed sender" list,
doesn't he? So, are you sti l l thlnRing you are going to suddenly grasp the complexities of email
communications, litigation hold notices, caching, time stamping, etc?
Mr. Hili, I did not receive any emails
What is interesting is that your neurosurgeon client must understand the concept of "informed
consent", one would imagine, right? Well, did he give you his informed consent to bill him $20,000 or
so i n attomey's fees within a summary eviction proceeding, even where, Nevada law is extremely clear
as to when and where attomey's fees awards are available in Justice Cour, and where it Is ver well
settled biacR letter law that a summary eviction proceeding Is not one of those situations where
attory's fes awards are available? Well, did Dr. Merliss provide you his infrmed consent? Did you
commit a 1.lttie IIwrong site surger" of your own there, or is Dr. Merliss figning a complete and utter
lacR of awareness of the state of the law in Nevada in that regard? Is Dr. Merliss trotting out his old
standby, "your communications were unclear, I just didn't understand the content you were conveying
to me, the neurosurgeon ... " Dr. Merliss trotted out the old "you were unclear, I misinterpreted the rules,
I didn't understand" song in dance numerous times while on the witness stand in the lnstant case, frst
when explaining away how the May 14, 2011 email explicitly detailing, in writing the habitability issues
and request to cure made upon Dr. Merliss related to the extremely moldy insulation found in the
home as well as the broRen Window, both habitability issues per se under NRS 118a.290 .... There, gosh
dam i, Dr. Merliss just IIdldn't understand?" because the message was "unclear". Is Dr Merliss going to
be suing you and yur firm someday, because, dam i, somebody is responsible for the $201 he spent i n
attorney's fes on a summar eviction proceding that yielded an imminently voidable and vacatable
and amendable and appealable Judgment, especially where It is J ustice Court 101 that such actions do
not allow for attorney's fee awards? Is Dr. Merliss Similarly going to be suing you al leging that your
negligence in maRing flse and or negligent statements to a police ofcer caused an attomey to be
arrested (and all the defamatory and consequential damages stemming therefrom, especially
considering your refusal to allow that attorey to access his client files, eve under exigent
circumstances that you were made aware of numerous times and in numerous ways) and therby
managed to get Dr. Merliss ensnared in a wrongful arrest suit, a defmation action, etc .. Is this even
more true where the aSSCiate you had and have a duty to superise did In fact send the tenant a
written statement or bill for rent for $900 for the 121 River RocR St property, thereby eviscerating any
eviction as well as any basis for seeRing an arrest for trespassing, much less the more egregious charges
you were overhead imploring the Oficer Carter to file. I am referring to the Reno Police Oficer Carer
who also stated to me that you paid him a lot of money and that he would arrest whoever you said to
arrest and do what you said to do. Is Dr. Merliss gOing to be answering your questions at a deposition
someday, with mincing attepts to explain how you were "unclear" until you have him corered in
some analytical quagmire, at which point he will attempt to change the subject, feign an inability to
discer simple English i n a manner that would maRe Sammy Som responding to steroid questions
blush, and just generally embarrass his profssion over what does not even amount to an unbelievably
small fraction of his yearly salary (liRe say, $500 bucRs to quash complaints of moldy insulation
infestation in the rental).
Further, you stated t Officer Carer near the end of the trespassing arrst of November 13
th
, 2011 that
neither you nor anyone from you firm had sent the tenant, Coughlin, anything i n writing purporting to
charge Coughlin $900 fr rent of the property fr November 2011, nor had you or your firm sent
anything to Coughlin asserting that you and your firm would not allow Coughlin access to any of his
propery (including exigent client files) In light of an unspecified, un detailed, unltemized "lien" that
1 111 91201 1
your ofce assered to have over Coughlin's property. You robbed Oficer Carter of that vital bit of
information by your statement that no such written communication was sent to Coughlin, either by
you or your ofice, and in so maRlng such a staement you lied or were extremely negligent in your
response to Officer Carer' s question, and thus you, and by extension, your client are lIabile for a
wrongful arrest, a deamation claim, ec., etc. Please be sure to obtain from Mr. BaRer copies of all
the correspondences he has sent Coughlin, paricularly those from Novembr. 2011 that purpor to
charge Coughlin $900 rent for the 12'j River RocR St. property for the month of November 2011 and
which refuse to provide Coughlin access to his propery or allow Coughlin to remove his propery based
upon some unidentified, unitemized "lien" BaRer assers over Coughlin's property.
Also, please read the Least Agreement for the first time. You will find the Lease Agreemen is quite
clear that the rental propery may be used for ANY purpose, including a commercial purpose, such as
a law ofice, or, say, some other business tha my or may not require any of the business licensure
requi rements you allude to.
.
I Rnow you IiRely wi l l not even read the Lease Agreement a single time,
rather will "looR at the 'voluminous' stacR of emails propounded by the opposing party purporing to
encapsulate the written correspondence between landlord and tenant" then fail to even sRim the
stacR, but rather throw a hefy enr onto the billable hours pile (which will not stop you or your
associate from billing fr such a review several more times over the net 6 weeRS, nor from committing
numerous violations of JCRCP 11, NRS 7.085, the FDCPA, etc) .. But, you might actually want to read
the Lease Agreement, it is clear, the rental could be used for a variet of purposes, including a
commercial one, or a hybrid purpoe, such a fr a home law ofice of a solo proprietor.
Furher, the Lease Agreement is clear on the liability of your client for the property damage done by
Green Action LaWn Service, whom your client made the outlandish asserion was paid over $2,00 to
do the same job of "taRing care of the weeds" just 3 days afer our client enthusiastically agreed to, i n
writing, pay the tenant $300 to "taRe care of the weeds".
Mr. Hill, you have my phone. Please do not assume any number I have called you from are not pa
phones or phones that I borrowd from someone to maRe a call or other such temporary phone
numbers. For now, for the sole purpose of letting me Rnow when and how you will allow me to access
and remove my property fom 121 River ROCR and to establish, itemize, and provide documentation i n
support of any Iin you claim, Y\ may email me communications to my email on file at
www.nvbar.org. Please do not fax me. If you have been faxing me please let me Rnow. Your
conversion of my propery has rendered phone and fx communication less reliable than it normally
would be. Furher, your conversion of both my wal let and the state issued identification it contains,
and for which you have been made are of, has made maRing the necessary arrangements involved
with moving, r\nning my life, protecting my clients, helping YO\r client, and j ust generally doing
anything other than allow you to continue Y\r attomey's fees rain dance and extortionate,
defamatory diatribes, well, rather dificult. So, to be clear, regarding any emails my oficial
www.nvbr. org email account. zachcoughlin@hotmail.com. received from your
rhil l @richardhi l law.com, I did receive your two em ails from 11/18/11, one at 6:1 a.m. and one at 2:14 p.m.
Beyond that the only email receive from your oficial email address to mine was your introductory
email of 8/16/1 at 4:33 p.m., to me alering me to Y\r \nderaRing the representation of Dr. Merliss
with respec to the matter to which I had al ready beg\n to "i nitiate or defend against" vis a vis NRS
118a.510. So, I assure you I will have no problem testifing to, signing an afidavit, or otherise proving
that I did not receive any emails fm your rhill@richardhlllaw.com ofcial email address at anytime
between the iIIegal loRout on or about November 1 up to the email you sent me on 11/18/11 at 6:1
a.m.. So, please adjust your pleadings to reflect that your email address did not successfully transmit
any emails to my email address, and that yu do not have any wrtten support for your contentions
that you did receive confirmation of any such successful email transmission from your email address to
mine, much less an email related to allowing me to access to or the ability to remove my property.
Your successfully transmitted emails from yur rhill@richardhillaw.com address are included, in their
entirety below. So, just please email me the time, even anytime this weebend, Saturday, Sunday,
whenever, when you will allow me to ge my property, including my state issued Identification, wallet,
client fles, computers, hard drives, etc., etc ... Please include an itemized, detailed statement of any
11/19/2011
amounts you believe I must pay prior to your allowing such access, legal suppor for your taRing such
positions, and fctual support and documentation, including writen asserions that you did not receive
any "retured as undeliverable" emails in response to any of your alleged attempts to email me at any
time in November 2011 about anything at all.
Again, I have more pressing matter than to specifically address every false allegation you maRe, but
please provide some written and specific documentation in support of your allegations of profnity or
obscenity being uttered in communications with your staf, rather than your malignant hearsay.
Final ly, a hint. Maybe checR your "failed" email flder for infrmation relatd to your NRCP 11 duty to
the court with respect to you assertions that you "Rnow" I "receivedll your alleed emails in November
2011. Also, ple e 1 .u.e '0 .emem"e. 'h.' ,ou h.ve len pl.ee" on -LitiGAtiON HOLD
NOtIC.w'h . me '0 .n, em.'" ,ou h ... eeel .. which In _, w, Info.m ,OU 'h
-
.n, em ... ,ou h .. "'emp'e" '0 .e .. '0 m, .... e .. mlgh' h.ve no' "een luce . lIl,
-
' . n . ltte . o. w.e o,he.w.e retuned un"ellve "le.
As for your emails. Mr. Hill, I received the fllowing from your email address on file with the State Bar
of Nevada, rhil l@richardhillaw.com:
From: Richard Hill (rhil l@richardhfllaw.com)
Sent: Tue 8/16/11 4:33 PM
To: 'Matt Merl iss' (magunda@aol.com): zachcoughlin@hotmall.com
mr coughlin - please direct all further communictaions on the river rocR property to my ofice.
rgh
652 forest street
reno 89509
From: Richard Hill (rhi\l@richardhillaw.com)
Sent: Fri 11/18/11 2:14 PM
.
To: zachcoughlin@hotmail .com
Mr coughlin - this confirms a vole mail lef for you this aferoon, afer
you spoRe with my receptionist.
She did not report any vulgarity or other in appropriate behavior.
ThanR you.
I have sent you two emails in the last 24 hour.
May we please have the pelasure of a response?
Regards
Rgh
rhi11@richardhillaw.com
To: zachcoughlin@hotmaiLcom
Subject: R: issues
Date: Fri, 1 8 Nov 201 1 06:5 1 : 41 -0800
mr coughlin - for a moment there, i thought that you wre going to hold it together.
you need to respond to my email of yesterday, which is pasted below. it adequately describe what
you need to do and pay. see partagraph 4!!
my ofer to retrieve your wallet is still open, and it extends to your "client files," even though you had a
residential lease that did not contemplate you running an unlicensed business.
if you continue the game that you did not get my emails, then i thinR that you put the contents of
your computers at issue, and we need to be concemed about issues such as spoliation.
you need to respond to this, or my email of yesteday - pasted below.
rgh
1 111 9/2011
rugc U,U1 I
Mr. Coughl in - your emails below are so full of outright l ies and misstatements, that it is impossi ble to
address them al l and tough to figure out where to star.
1- w both Rnow that the reason you were not responding to my emails about getting your stuff out is
because you were ensconced in the basement for almost two weeRs & thought we would never fgure
it out. you have fabricated the part about calling or contacting us to get your stuff out. (please be
sure to save your cell phone bill, as i should show who you actually called & when. please be sure to
presere all evidence.) the fact is, I was emailing you & you were not respnding. you now bear the
consequences of your foolish decisions.
2- you had ample time to get your stuf out afer you were apprised that you were gOing to actually
be locled out. you had a weeR, but did nothing.
your reference to 10 minutes is just nonsense. you choe to use the time you had to get yourself rat
holed i n the basement, rather than deal with reality and get your stuf out.
3- the form you slid through the mail slot last night cohllenegs the landlord's "LIEN." please looR
at your form and the statute, NRS l1sA.460, AGAIN. it controls, whether you liRe it or not.
4- you can get your posessions out ANVTIME, BUT ONL V ON THE FOLLOWING CONDITIONS:
a- you owe & must pay, in cosh, $30 per day ($900/30 : $30)staring November 1, 2011, for storoge.
there is no requi rement that we moe your stuf. you piCR the date and pay through that date -
BEFORE you get your stuf. LOOK ATTHE STATUTE!
y, we could pay $2,000 to move your hoard of gods i nto a storage fucility.
however, while the rent might be cheaper, the total would be far more than just leaving it where
YOU LEFT IT. we are mitigating your damages, and actually maRing it cheaper for you to get your
stuff rleased from the statutory lien.
b- because of your rpeated breaR-ins, which compromised the securit of the home, you need to also
pay the $1,060 that the contractor charged to secure the home and it contents( your valuable
possessions). that price does not include the basement door that was destroyed in the proess of getting
you out when you were arrested. but, if you pay the other related costs, we wi ll recommend that Dr.
Merliss waive the damaged door.
c- yu will NOT be al lowd to taRe your computers & drugs and leave all the rest of the mass of junR
d- you wiil need to demonstrate the financial abilit and adequate manpower to get substantially
everything out i n one day. we suggest that means a u-haul, or something similar, and some manpower
to assist. we MAV be willing to al low you more time, depending on your deporment, your sincerity
and your efors. to date, you have been sorely lacRing on all fronts.
if you want to maRe a proposal, put it in an email & send it bacR.
however, pl ease Reep It ral. you are not in control - on many levels.
5- we thin! that you are correct, the justice's cour award of costs should be vacated.
we will prepare a stipulation & frard it to you electronically. please confirm that you will sign &
reurn the original. that would be a good step on the road to sincerity.
6 - PLEASE STOP THE VULGARITV WITH MV STAFF. there is no excuse for abusing other people, it is
not your right. the more dificult you maRe things, the more difficult things will be.
YOU ARE NOT TO BE ON THE PROPERTY FOR ANV REASON. pl ease se NRS 22.020.
may we please hear from you - i n an email??
rgh
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 81 18
Licensed in Nevada
1 1 1 1 9/201 1
..
rug. l L] I
** Notice** Thi s message and accompanying documents are covered by the electronic Communications Privacy Act, 1 8
U, S. C. 25 1 0-252 1 , and may contain confdential inforation intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notifed that you have
received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents
of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may
contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you
are not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action taken or
omitted to be taken in reliance on the contents of this information is prohibited and may b unlawful. If you receive
this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from yor
computer, and destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is
not a waiver of any attorneyclient, work product, or other applicable privilege.
11119/2011
Richard G. Hill
From:
Sent:
To:
Subject:
Ri chard Hi l l [rhi l l @ri chardhi l l aw. com]
Sunday, November 20, 2011 12:45 PM
' zachcoughl i n@hotmai l . com'
FW: I di spute any and al l debts and supposed verificati ons
of debts you, your fi rm or Merl iss al leges or have sent me
Mr. Coughl in - you conti nue to l i e.
You & I have spoken several times.
You cal l & rant at my secretary & then hang up before I can get on the line.
Please go back and re-
read my emai ls to you.
You wi l l not be al l owed to cherry-pick the property & leave us wi th several thousand dol lars worth of
clean-up.
May I suggest that a good starting point would be for you to arrange a dumpster and throw all the
crap in the backyard into it??
If you wish to do that, as a staring poi nt, and to demonstrate your good faith, please contact me and
we wi l l get you written authorization for that purpose. Unti l ypu have that authorization, pl ease do not
go to the property.
Ni ce touch on the "yard sale si gns.
I thi nk that there are useable fi nger pri nts on the tape.
We' l l let you know on that.
As before, my ofer to get your wallet & files remains open
Rgh
-----Ori gi nal Message-----
From: cdbaker@ri chardhi l l aw. com [mai lto: cdbaker@richardhi l law.com]
Sent: Sunday, November 20, 201 1 7: 06 AM
To: rhi l l @richardhi l l aw. com
Subject: Fw: I di spute any and al l debts and supposed verifications of debts you, your firm or Merl i ss
al leges or have sent me
> -------Origi nal Message-------
> From: Zach Coughl i n <zachcoughl i n@hotmai l . com>
> To: cdbaker@ri chardhi l l aw.com
> Subject: I dispute any and all debts and supposed verifications of
> debts you, your firm or Merliss al leges or have sent me
> Sent: Nov 20 ' 1 1 04: 1 7
>
1
. .. .
,.

1
> I dispute them al l . Further, I Llnot bel i eve you ever sent any itemizJd.
> . 1 just want to get my property. Your letter i s stupi d. You refuse
> to let me get my proper, you don't return my calls or
.
> communicati ons, written and otherise, then you try to charge rent
> for the propery bei ng there, pl us say you are chargi ng for movi ng
> expenses . . . . this is ri di cul ous. I want my property. I don't want
> you to now try and jack up some moving expenses. I can pay you l i en
> today, Sunday. If you are not worki ng today, I can pay it Monday,
> then I want access to my property. Pl ease do not thi nk the ol d "My
> boss Rich told me to do it" defense is goi ng to excuse any mi sconduct on your part. Furher,
Ri chard is now suddenly al l egi ng a
> "crack pi pe and bag of weed" was found at the property. This is getting
> ver very low rent from you guys, pathetic real l y. I didn't make anything
> up about what RPD Oficer Carter sai d. Rich mi ght not l i ke hearing i,
> what Officer Carter sai d mi ght not be true, Officer Carter may be
> able to expl ai n away why he said that, but I have a feel i ng you guys
> are goi ng to have a dificult time explai ni ng away this bul l shit
> about a "crack pi pe and a bag of weed" and I doubt Hi l l is paying you
> enough to be on board with anyone maki ng fraudulent accusations or pl anting i l l icit materials.
> furher, Rich is gloating i n writing about readi ng confi dential
> cl i ent files and or mail of mi ne currently at the propery, maki ng
> threats to have people arrested for bei ng on sidewalks no where near
> his offce (and even that i s not a crime, even where RPD tell people
> who aren't Ri ch they need to "pursue a civil remedy" while treating
> Rich's ridicul ous civil stal ki ng accusations as a potenti al l y
> "cri mi nal matter'" then pul l i ng people over for mysterious "fai l ure to come to a complete stop
before the white line"
> and other ridi cul ous reasons. Further, you and your firm are withholding
> my state issued identifcation, bank cards, etc. , etc. You might want to
> try to tal k some sense into your boy because he is maki ng your bl ock
> get pretty hot, and I am not sure that the rules of professi onal
> conduct do not apply to either of you.
>
> Zach Coughl i n, Esq.
> 1 21 River Rock St.
> Reno, NV 89501
> 775 338 81 1 8
> Licensed i n Nevada
>
> ** Notice** This message and accompanying documents are covered by
> the electroni c Communications PrivacyAct, 1 8 U. S. C. 251 0-2521 ,
> and may contai n confidential i nformati on i ntended for the specified
> i ndivi dual (s) only. If you are not the i ntended reci pi ent or an
> agent responsible for delivering i t to the intended reci pient, you
> are hereby notified that you have received thi s document i n error and
> that any review, dissemi nation, copyi ng, or the taking of any action
> based on the contents of this information i s strictly prohi bited.
> Thi s message i s confidenti al , i ntended onl y for the named
> reci pient(s) and may contai n informati on that is privileged, attorney
> work product or exempt from disclosure under appli cabl e law. If you
> are not the intended reci pient(s), you are notified that any
> disclosure, copyi ng, distribution or any action taken or omitted to
2
\ .
"
. '
> be taken in rel i ance on the cOI .. Jts of thi s i nformation is prohi bited
> and may be unl awful . If you receive thi s message in error, or are not
> the named recipient(s), please notif the sender, delete this e-mai l
> from your computer, and destroy any copi es i n any form i mmediately.
> Receipt by anyone other than the named reci pient(s) i s not a waiver of any attorney-client, work
product, or other applicable privilege.
3
aby Reccelle
-
From:
To:
Sent:
"Richard Hill" <rhi l l @richardhi l l aw. com>
"Matt Merliss" <magunda@aol. com>; "Gaby Reccel l e" <greccel l e@richardhi l law.com>
Sunday, November 20, 2011 5:06 PM
Subject: Fwd: I dispute any and all debts and supposed verificat ions of debts you, your firm or Merliss al l eges
or have sent me
Sent from my iPhone probably while diving.
RGH
Begin forwarded message:
From: Richard Hill <rhill@richardhillaw.com>
Date: November 20, 2011 5: 05 :15 PM PST
To: "<zachcoughlin@hotmail.com>1t <zachcoughlin@hotmaiLcom>
Cc: "<cdbaker@richardhillaw.com>" <cdbaker@richardhillaw.com>
Subject: Re: I dispute any and all debts and supposed verifcations of debts
you, your frm or Merliss alleges or have sent me
You continue to make stuff up as you go. If you tell me where the things are that
you want, I will go get them for you. I will get the wallet & fles, .without you
needing to pay frst. Should i just go over & find them?
As to your level of trustworthiness, who was hiding in the basement? You don't see
any element of dishonesty in your conduct, do you? You have done nothing to
demonstrate honesty & ae incapable of remorse.
Looks like you can tell the judge your story & we'll tell him the truth.
You have yet to deny that it is your intention to leave your former landlord to deal
with thousands of dollars in trash.
Time to deal with reality zach
Rgh
Sent from my iPhone probably while diving.
RGH
On Nov 20, 2011, at 4: 32 PM, Zach Coughlin <zachcoughlin@hotmail. com> wrote:
Okay, no idea what you mean by the "yad sale"
signs . . . Yes, please let me get my wallet, which
includes my state issued identifcation and my client
fles, which you have admitted to going throug. Let
me get them at once. Just let me know when and how
11/2112011
I can get them. I do not bel ieve you are entitled to act as a
foreman while I move my stuff, nor do you have a statutory
right to be a grade school teacher making me do this and
that in the order you want. Just keep it up, Rich, I don't you
are going to be so comfortable in ever court room we take
this too. You have indicated y'ou won't give me my wallet
or client fles without paying some amounts you allege are
owed, some of which you or Baker have classifed as rent,
which is rent distraint and has been prohibited by NS
1 1 8A. Regardless, I need those materials immediately its
urgent my clients interests may have already been damaged
by your refsal to allow me access to my and their
property. I will pay your ransom under protest and we can
litigate it later, but I don't see my client' s as cash cows, and
I don't call the property of those who ae not as rich as you
may b "junk", nor do I put your client and your taste for
bloodsport above the interest of lower middle class
Amercians custody cases and mortgage foreclosure
avoidance interests. How about today anytime between
now and midnight can meet you or anyone at the proper
and at least get my wallet/identifcation, and client fles?
Just give me a email and let me know and I wil l be there.
Sincerely
Zach Coughin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 81 1 8
Licensed in Nevada
. I
** Notice"* This message and accompanying documents are covered by the electronic
Communic.ations Privacy Act, 1 8 U. S. C. 25 1 0-2521 , and may contain confdential
informatiof intended for the specified individual (s) only. lfyou are not the intended recipient
or a agent responsible for delivering it to the intended recipient, you are hereby notifed that
you have received this document in error and that any review, dissemination, copying, or the
taking of any action based on the contents of this information is strictly prohibited. This
message is confidential, intended only for the named recipient(s) and may contain
information that is privileged, attorey work product or exempt from disclosure under
fPpl icable law. If you are not the intended recipient(s), you are notifie that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance
on the contents of this inforation is prohibited and may be unlaWful. If yo receive this
message in error, or are not the named recipient(s), please notify the sender, delete this
e-mail from your computer, and destroy any copies in any form imediately. Receipt by
anyone other than the named recipient(s) is not a waiver of any attorey-client, work
1 1 /21 /201 1
..
,
> From: rhill@richardhillaw.com
> To: zachcoughlin@hotmail.com
> Subject: FW: I dispute any and all debts and supposed verifcations of debts
> Date:
u
n, 20 Nov 2011 12: 44: 49 -0800
>
> Mr. Coughlin - you continue to lie.
> You & I have spoken several times.
> Y ou'call & rant at my secretary & then hang up before I can get on the line.
>
> Please go back and re-read my emails to you.
> You' will not be allowed to cherry-pick the property & leave us with several
> thousad dollars worth of clean-up.
>
> May I suggest that a good starting point would be for you to arrange a
> dumpster and throw all the crap in the backyard into it??
> If you wish to do that, as a staing point, and to demonstrate your good
> faith, please contact me and we will get you written authorization for that
> purpose. Until ypu have that authorization, please do not go to the
> property.
'
>
> Nice touch on the "yard sale " signs.
> I think that there ae useable fnger prints on the tape.
> We'll lt you know on that.
>
> As bef
o
re, my offer to get your wallet & fles remains open
>
>
> Rgh
>
> -----Original Message-----
> From: cdbaker@richadhillaw.com [mailto:cdbaker@richardhillaw.com]
> Sent: Sunday, November 20, 201 1 7:06 AM
> To: rhill@richardhilIaw.com
> Subject: Fw: I dispute ay and all debts and supposed verifcations of debts
> you, your frm or Merliss alleges or have sent me
>
>
>
>
> > -----
--Original Message-------
> > From: Zach Coughlin <zachcoughlin@otmaiLc
o
m>
> > To: cdbaker@richardhillaw.com
> > Subject: I dispute any and all debts and supposed verifcations of
> > debt
s
> > Sent; Nov 20 ' 1 1 04: 17

> > I dispute them all. Furter, I do not believe you ever sent ay
1 112112011
> itemized.
> > I just want to get my propert. Your letter is stupid. You refuse
> > to let me get my property, you don't return my calls or
> > communications, written and otherwise, then you try to charge rent
> > f
o
r te property being tere, plus say you are charging for moving
> > expenses . . .. tis is ridiculous. I want my property. I don't want
> > you to now try and jack up some moving expenses. I can pay you lien
> > today, Sunday. If you are not working today, I can pay it Monday,
> > then I want access to my property. Please do not think the old "My
> > boss Rich told me to do it" defense is going to excuse any misconduct on
> your part. Further, Richard is now suddenly alleging a
> > "crack pipe and bag of weed" was found at the propert. This is getting
> > very very low rent from you guys, pathetic really. I didn't make
> anythi
n
g
> > up a
b
out what RD Ofcer Carter said. Rich might not like hearing it,
> > what Ofcer Carter said might not be true, Ofcer Carter may be
> > able to explain away why he said that, but I have a feeling you guys
> > are going to have a diffcult time explaining away this bullshit
> > about a "crack pipe and a bag of weed" and I doubt Hill is paying you
> > enough to be on board with anyone making fraudulent accusations or
> planting illicit materials.
> > further, Rich is gloating in writing about reading confdential
> > client fles and or mail of mine currently at the property, maing
> > threats to have people arrested for being on sidewalks no where near
> > his ofce (and even that is not a crime, even where RD tell people
> > who aren't Rich they need to "pursue a civil remedy" while treating
> > Ric's ridiculous civil stalking accusations as a potentially
> > "criminal matter", then pulling, people pvr for mysterious "failure to
> come to a complete stop before the white
l
ine"
> > an d other ridiculous reasons. Further, you and your frm are withholding
> > my state issued identifcation, bak cads, etc. , etc. You might want to
> > try to talk some sense into your boy because he is making your block
> > get pretty hot, and I a not sure that the rules of professional
> > condct do not apply to either of you,

>
> > Zach Coughlin, Esq.
> > 1 21 River Rock St.
> > Reno, NV 89501
> > 775 338 8 1 1 8
> > Licensed in Nevada

> > * * Notice* * This message and accompanying documents are covered by
> > the electronic Communications Privacy Act, 1 8 U. S.C. 25 1 0-2521 ,
> > and may contain confdential information intended for the specifed
> > individual (s) only. If you are not the intended recipient or an
> > agent responsible for delivering it to the intended recipient, you
> > are hereby notifed that you have received this document in error ad
> > that any review, disseminatio
, copyin
,
p
r the taing of any action
> > based on the contents of this information ,is strictly prohibited.
> > This message is confdential, intended only for the named
> > recipient(s) and may contain information that is privileged, attorney
1 1 121 /201 1
> > work product or exempt from disclosure under applicable law. If you
> > are not the intended recipient(s), you are notifed that any
> > di sclosure, copying, distribution or any action taken or omitted to
> > b taken in reliance on the contents of this information i s prohibited
> > and may be unlawful. If you receive this message in error, or are not
> > the named recipient(s), please notif te sender, delete this e-mail
> > fom your computer, and destroy any copies in any form immediately.
> > Receipt by anyone oter than the named recipient(s) is not a waiver of
> any attorey-client, work product, or oter applicable privilege.
>
1 1/2 1 120 1 1
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
. .
.. . .... ,<::,E '. i) . .. . ........
E
.. X' . M'" IB''I,." 3'
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1'_ It.A.,-,- """111.1./'
FILED
.11 DEC 2 I PH 12: 15
'IE nrrTt.E
.
J 'fIJIUIJul.
DEPUTY ' ...
..
'.'.0 ,
.. IN THE J[JSnCE COURT OF RENO TOWNSH]p"
"" ':
! 1
j:
... .,
,
; J
r
. . ., .". ,,- -" .. .. .... ..
COUNrY OF WASHOE, STATE OF NEVADA
. , . , .............. , .. ' '" - "
, i
MATTHEW J4ERLISS,
!
. """'" . , ..
;Plaintiff/Landlord,
'i f
vs. i;
;./
Case NO.; REV '2011 :091708" ....
ZACHARY BARKER COUGID.-IN,
.!DefendantITenant.
, . .;.,. " .. tt .:'. I

:
, , ',!" ," , ..
'.'.' .. ' ...... -, .. ... , .. -." ..... " ...... "" ...
ORDER RESOLVING MOTION TO CON'J:iST
PERSONAL PROPERTY LiEN .
: i Having considered the evidence presented to :tlii:spoinratio. tlle})atties-lmving'
I "
agreed to the Court to enter an order based on said evidence, the finds that $480.00
is fait .and compensation for sto:mge of the personal Pl"OPetty 6fthe Defendant for
! : "I , -. 'l
I, 2611 to November 16, 2011... . ...... . - ....... .
"." ''''''_'_''M' ____ ... __ 0, __ "" .... ,,. ... _ .... 'M", ,
; : Based upont.b.e foregoing, the Court hereby enters' the' fo'tloWmg Order:'
.," " ..:., ,
certified to the Plaintiff at the Law Offices of Casey Baker on or hefore Wednesday;
22 _.... . ..._. ,J. . . ' ...
December 2011 at 4:00 p.m. . ...... -.... --..-- --"-._ ....... ' ... _.. .._. , __ "._ ..
.. : i .
;' i '2. Plamtiff shall have the right tOvide6fapirthe'Pfemise:s ftonr 9:00 .
" . ..#.4...... .. . ..... :./. ". '" . ...... _ .: . " " ... ".:" .
25 a.m. to 5:00;,.m. on Thursday, December 22, 2011 and sa1.,fVideo"SIDiITmcludepetSOllal and'"
, 1,1 ' ,
26 real property; they shall not identify any persanal information of any client:; of the
-1-
""-""'''''''''.I. y"""".... ... ""'t ""' ... i ................. ....""' .... """
,
\_ ,.___ I ItwF
: ,
1 la:W practice. In addition, the Plaintiff, by IDS attorneys or-oilier authoriZed'" , ",
; ,
2 representativej have the right to videotape the property followmg'fueremoval'by tD.e
ii' , ,
3 Defendant' personal property, which shall occur on orbefore-S':OO p.llI". on December 23,
: !
4 2011. The Puwose of the video is to determine whether there is' any' diniage to' the' real or'
!: ': '
5 oithe which shall include'all'fiXtUies"ii.D.d-tppmiilces tfuitoeliing tb ..
1 ' . '.",., ,, ,,:.. ; .' :' (, ....' ,: ... " ,,"
. 6, .. the. Plaintiff., ,k video shall be used to is left.oifthe
: I ., ,.",', -",,-..,.' ... ,.-.. ... .... <" ..... , .... , .... , ''' .. ,
7 premises:by Defendant.
i
8. .: . '): ... Anythmg and left oli the
9 December :?-O 11, may be disposed of by the Plain-tiffin his sore' ' ..
" .:: .
, '
, I
10 , 4. Defendant shall have access to the propeitY'froIIi 9:00 a:lli.. to 5:00 p.Ol ..
, 1,.
, : i
..... " ,.u .on ThutSday"p,Elcember 22,2011, to videotape; ifbe the real and personal property and
, i .. .. ............................... ' .... , , .... ,.. ..... , ... ,." ..
12 from 'the In additiOn, tllO'UeferiairifsnaD.1iavifftoiifg-:OO 'i[Ii:L .
1 , '..... ,,. ,-'" .. ,-_, __ .... 'w , "', .. , " ..... .., " ..
13 to 5;00 drl FridaYI December 23,2011 to videotape aDd ftomthe"
, '" , ! i . ., .... ,: "
14 . , .. be provided by a representative of llie'lmdlord;-who" Will -iinlOCK the' .
" :: " , .. , ' .. ... - .. _" ___ ...... _ ... ' . "."'''_w,., .. _.
15 property at 9:$ a.m. and lock the property at 5:00 p.m. on both ".,
16
" I Is. . The Landlord'shall have no liability for 'any1n;jimes suffefed"by . " ..
: I ... ' ...... '''' .,
17 . orl else during said removal process, except 'for a.tJ. iliteti:tionai tort cOJl'.l1nitted
.... , . i. !.. ,., " ' , '
.18 ,by or bis representatives against the person: of the De'fenoaiit and;"likeWlSe;the' ..
'; . '. .... , .. --. __ , . ____ .............. " .,
.. 19 liability for any injury to the person of the his agents,
. 20 for cui,ktentional tort by the Defendant. be '
. "'_, .. , ". ',' '." .... i .... " ,'.. " .... " .. '" .... .. ,,', -, ...... , "" ,,- '.' "."
21 . on the during the period Thursday, December-22
n
cr:'ftOm:'9:OCfa:m:"U;S':OCfp:m.-ana .. :. '"
: i . '" .
!! ' '
,22, Rrld.a.y, from 9:00 a;m. to.5:00 p.m. shall sign the Releaae of Liability, attached '
i ' ,', .. , ..... '_,10 __ ' ...... "u'.'" . ., .,.., ... .. 'I, ' ....... '*"
23 hereto as Ex:b!bit A. Jf any third party is on the premises without sig:i.liiig the waiver, they'shall
" '
i,j' , '
24 be and the Plaintiff or his agents can ha-ve them removed. by taw enl'orcement.
:.1, '" . ' .", .. -, '"'' ., ," ,
: i 6. The'Defendant shall not Cause ot" .,' .
, ,
25
., , I!' ,
. 26 persoDalproP,erty ofthe Plaintiff located at 121 River Rock> Reno; Nevada. ftcnn tl+is date '
: I ' "," ' . #.. .. 'I' "
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-----. - -'-----
: : .
, , , ;'i " .
'1 forward. The :Gourt will retain jurisdiction over the issue of my dariiageifcausea to the real .
, I ' . ,
3
, . ;1 ,,'
2 property or perSonal property of the landlord during the retnovalproceSs;.: .
. I .
:-i ' " .
; 11. The Defendant shall have no claim for 'dariiliges"W'itJ:i'respect to 1liissmg ..
I . . " , . .
.. . , .. : i .... .
. . ,4 . Qf. property at 121 River Rock, except for propertY ldennfied by mm; in
".,," .. " . " .. :" I ... .. . . ..., ." """" .. "." """-;-.. " ..... '" ". ".. '"''''''''
... 5.. Writing, by.1 on ThUI'!)day, December 22, 2011 by' efriilino :Mt:Bli.Ker, with it wpy to .
i . , . ''"'' ...... _ ... ,.- _, ........ _, :-... - ... - ......... ......... -, .. " . '".
6' the Court. nid Defendant reserves any other claims he has that may his persona!'
,I '
7 property at the pren:nses to the extent legally allowed by statli.te or case law.
I . .
: !
: 1
8
. The Plaintiff reserves all.claims of any nature. iDhiliing, but not limited
. :1', . .."...., .. ': ... . .' .
tp, additional: fees from November 17. 2011 up Until'Deeerooer 23, damages to
: !. " . . ' ...... .'. :1. .:. ".". " , 't' ,., .,
8
9.
the property caused by the Defendant, disposal costs 'ofatiy j,1liJl)ert.Y left 'behind, ".
. I .... " , ...
10
and CQsts to tP,e extent legally'allowed by statute caSe law. .
. j ...... ; .... " .
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N 'J .', . ,,' , i r 'l"
)1.
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IS
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- 3 -
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, i
RELEASE OF LIABILITY,
, By sigmng yoUr agents hereby release Dr. Matthew Memss;tniHvTatlliew'J:" -'''.''''''''''''''
firm Qflu,charq G. , ... ,,",: "
, ' .
caSey D. Baker,. Esq.t in advance, from any and all injuries, from any and of any kind,
arising out pf y'?ID: presence on the property at 121 .or: '
I '
in the future (assumrqg future authorization for saJIle). except those'arisfp.g ojifofan intentiorial"
'I '
',... the other .. You, personally!. ,
s:gch ,cost .. inclUd;ing fees. ,. , ... ''''''
. I '
, '
By you agree to all of the foregoing.
, I '
i
, I
Dated this __ ..... ! i __ day of December. 2011.
; I
: i
: !
i
i
, !
, i i

____ -_-,...,.---.,-+.. "c.-. ... " " ,
':.: ," . ,; j: '. _ ..... _ ..... ,., .. ,::
Exhibit A
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1
3
4
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. ,,--_ ... y__ ...... r ,,", ... 1 ""' ............ ... _......... """ ..... -,.""" ......
, i
: i
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OF SERVICE', '
, iLori Townsend, certifies: (a) she is a citizen of the United over 18 yean> of
i ' "'" " ,.. ,'.', ,
!
age, and not a. party to the 'Within action, and (b) that affiant served a copy of the attached on the
, ! I ' ' ,:, , ".:' , .', "
persons, ,at 'the on the date, and in the manner indicate,4 ,,',
6 . !
, .,' 7 ..
9 ..
10
11
12
14
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16 ,,,,
17
18
19
20
21
, 22
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, ""I ' ,
: : !Name:
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, : i mailedJdeliyered:
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: I December 21, 2011
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: I Name:
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ess
to. Which
. ;, mailed/delivered:
,
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!,i-
I
, ,::'1 -D-ec-em-b-er-.-21-,
...... , .... , ... , "'. ;. '" .. ,: . ",.. t . , .
, 23 ,: i Decemper 21,2011
24
25
26
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Richard G. ,HiR , '.'"
CaaeyD. Es(!. M' """ " ,
652 Forest Street .. : .:,' :
. ,,, .. , ..... - ... -.. ",.""". " .. "" ... ,
Reno, NY .... ..... . .. ,
date hand delivered.
date placed hi coiniW mtil. ......;;
date placed iIi coiinij'ma'ilirig'system furpo5fage .
and depOsit matt.:::.::."": ':: .' ";., .. ,:.... ;. ;;.
. transmitted via mcsii.iiiIe-'tci 'riS::348';08SS':'"
, , ,. ,,,'" y/".' ,,";:, ,'"...... ". " ' , "
Zachary Barker Coughlin, ESq. ,
817 North Vir . . street" .. , , .. ' .
. '" .. ... -,-... -... ,-, ...... ,., ......
Reno,NV 89501 : :. , "
, ., ,,, .. ,. , ... ,. ""..... .., -. ". ,_. ,,, ...... .
,. ',J ,:" ,l
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
Casey Baker
From:
Sent:
To:
Sferrazza, Pete [psferrazza@washoecounty.usJ
Thursday, December 22, 2011 2:33 PM
zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
Cc: Stancil, Karen
Subject: RE: inventory continued
Dear MrCoughlin:
The stay was denied. You will need to ask the District Court for a stay.
Pete Sferrazza
From: Zach COughlin [mailto:zachcoughlin@hotmail.com]
Sent: Thursday, December 22, 201112:09 PM
To: Sferrazza,Pete; cdbaker@richardhillaw.com
NRS40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay
rentdurirlg stay. Upon an appeal from an orderenteredpUfsuantto NRS 40.253:
Page 1 01'2
1. Exceptas otherwise provided in this subsection,a stay of execution maybe 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 bood 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 of the premises that are the subject of the appeal during the
pendency of theappeal shall pay to the landlord rent intheamount provided inthe underlying contract
between the tenant and the landlord as it becomes due.If the tenant fails to pay such rent, the landlord
may initiate neW proceedings for a summary eviction by serving the tenant with a new notice pursuantto
NRS 40.253. .
Sincerely,
Zach Coughlin, Esq.
113/2012
Reno, NV 89501
tel: 775 229-6737
fax: 949 6677402
Nevada Bar No: 9473
Pagel 01"2
** Notice** This message and accompanying documents are covered by the electronic Connnunications Privacy Act, 18
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113/2012
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
EXHlBIT 5.
EXHIBIT5
--:----Original Message-----
Sent: Wednesday, December 28,20119:03 AM
TO:'zachcoughlin@hotmail.com'
Subject: An adult conversation
Mr. Coughlin -let's have a reality check.
1- your list of "stolen" items continues to spiral throughfantasyland;
You know WE didn't take any of your stuff.
If you did think we took your stuff, you would have filed a police report.
2'" if we don't haveit, then who does??
The most likely candidate---->YOU!!
You turned breaking into that house into an art form, before you were arrested & finally locked out.
Who, besides you, would have known that there was anything in the basement to steal?
Who, besides you, would have known how to work the lights down in that spider hole you were living in?
Why haven't you filed a police report?
3-Dr. Merliss is only liable for negligence in terms of dealing with any of your property-look at the statute.
The facts that you had to kick the front door down, and then had to take the back door apart, show that adequate
protections were taken. You did not gain entry through the window with the air conditioner - at least as far as we know, so
it is anon-issue. There isn't a judge in town who will not grant summary judgment on that issue.
4-IFyou really had the stuff you say, and IF you really didn't take it (or know who did), then you would be filing a police
report.
That would do two things: . . . '
First, it would help your abysmal lack of cr'edibilitySecond, it would possibly trigger the cops to go look for your stuff &
maybe get it back.
5-your claims.
The only real claim you have is a malpractice claim against yourself.
Your work product is terrible, and, most of the time, you can't even get it filed and served.
please look at RPC 1.1(competence)
6- neither Mr. baker nor I will take your calls.
Allyou do is hassle & harangue.
Confine yourself to written communications.
7-we don't want the stuff left in the house,butwe don't trust you -at all. .
Your stunt last time, announcing that you were going to stay, does not inspire us to place ANY confidence in a.nything you
say.
If you want in, you need to do up a stipulation & order, to be approved by judge Flanagan. Suggest that you use Sferrazza's
order as a starting point. . .' '!
It needs to include a waiver of your security deposit. It will need to include signed waivers by you & your posse (and we
want the ones from the last venture - a compliance/credibility thing! I). The boards on the back stay up (your fault on that
one!); you need to fix the back gate and, you need to be done by son Friday (12/30/11). We need to be very specific that
1
you aren't taking anything attached to the house, or any flooring - except the carpet in the basement and outside. You need
to list what you think you want to take for our approval.
That means no games by you on the terms - you need to get moving & submit something for our consideration. I wiU edit
it, but if it is going to take any more than about 1/2 hour of my time, it will make it cheaper to just throw the stuff away. We
do have an order that we can dispose of the property and hold you for the cost. You should regard what you send as an
offer that we mayor may not take.
Wemay counter.
If you send over more of your self-serving crap, the deal is off. We are not looking to engage in the protracted haggling that
you so love.
We do not have a deal until the judge signs off Show us how good a job you can do - you know what we will want.
. We think that you are more interested in the hassle and the attention than any real progress.
Again, don't call or waste our time
, .
Rgh
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLffiNTPRMLEGE This e-mail may contain legally'
privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this
communication to anyone other than the intended recipient. If you have received this message in error, please notify tIle
sender and delete the email message from your system. Thank you. '
To ensure compliance with requirements imposed by the IRS, we inform you that any u.s. federal tax advice contained in
this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding penalties under the Internal Revenue Code or '
(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Version: 2012.0.1901/ Virus Database: 2109/4708 - Release Date: 12/28/11
2
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
--
Casey Baker
From:
Sent:
TQ:
Cc:
Casey Baker [cdbaker@richardhillaw.com]
Thursday, December 29, 2011 8:02 AM
'rhill@richardhillaw.com'
Subject: FW: An adult conversation
Mr, Coughlin:
In the event you did not receive the email below because you added Mr. Hill back on your blocked senders list, I am
resending it to you.
At> an attorney, I am sure you recognize that this is yet another opportunity for you to mitigate what you claim to be your
damages. I suggest you take it.
May we please hear from you?
Casey Baker
.,..--.;.-Original Message-----
From: Richard Hill [lllailto:rhill@richardhillaw.com]
Sent: Wednesday, December 28, 2011 9:03 AM
To:'zachcoughlin@hotmail.com'
Mr. Coughlin -let's have a reality check.
1- your list of "stolen" items continues to spiral through fantasyland.
2,.. if we don't have it, then who does??
'The most likely candidate-.;.--> YOU!!
Youturned breaking into that house into an art form, before you were arrested & finally locked out.
Who, besides you, would have known that there was anything in the basementto steal?
Who, besides you, would have known how to work the lights down in that spider hole you were livihgin?
3- Dr. Merliss is only liable for negligence in terms of dealing with any of your property-look atthe statute.
The facts that you had to kick the front door down, and then had to take the back door apart, show that adequate
protections were taken. You did not gain entry through the window with the air conditioner - at least as far as we know, so
it is a non-issue. There isn't a judge in town who will not grant summary judgment on that iSSue.
4-IF you really had the stuff you say, and IF you really didn't take it ( or know who did), then you would be filing a police
r ~ p o r t
Thatwoulq. do two things:
First, it would help your abysmal lack of credibility Second, itwould possibly trigger the cops to go look for YOllrstuff&:
maybe get it back.
s-your claims.
Your work product is terrible, and, most of the time, you can't even get it filed and served.
1
Please look at RPC 1.1(competence)
All you do is hassle & harangue.
7 - we don't want the stuff left in the house, but we don't trust you at all.
Your stunt last time, announcing that you were going to stay, does not inspire us to place ANYconfidence in anything you
say.
If you want in, you need to do up a stipulation & order, to be approved by judge Flanagan. Suggest that you use Sferrazza's
order as a starting point. i.
Itneeds to include a waiver of your security deposit. It will need to include signed waivers by you &your posse (and we
want the ones from the last venture - a compliance/ credibility thing!!), The boardS on the back stay up ( yourfault on that
one!); you need to fix the back gate and, you need to be done by 5 on Friday (12/30/11). We need to be very specific that
you aren't taking anything attached to the house, or any flooring - except the carpet in the basement and outside. You need
to list what you think you want to take for our approval.
That means no games by you on the terms - you need to get moving & submit something for our consideration. I will edit
it, but ifit is going to take any more than about 1/2 hOllr of my time, it will make it cheaper to just throw the stuff away. We
do have an order that we can dispose of the property and hold you for the cost. You should regard what you send as an
offer that we mayor may not take.
We may counter.
Ifycm selld over more of your self-serving crap, the deal is off, We are not looking to engage in the protracted haggling. that
you so love.
We do not have a deal until the judge signs off Show us how good a job you can do -you know what we will want.
We think that you are more interested in the hassle and the attentio.n than any real progress.
Rgh
. CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CliENT PRNILEGE This e-mail may contain legally
privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose t/:1is
communication to anyone other than the intended recipient. If you have received this message in error, please notify tpe
sender and delete the email message from your system. Thank you.
'foensurecompliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in
of (i) avoiding penalties under the Internal Revenue Code or .
(ii) promoting, lllarketing or recommending to another party any transaction or matter addressed herein;
No virus found inthis message.
Version: 2012.0.1901/ Virus Database: 2109/4708 -ReleaseDate: 12/28/11
2
.,;, ;
-!'
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
EXHIBIT 7
;,":;"-Original Message-:"--
From: Richard Hill [mailto:rhill@richardhillaw.comJ
Sent: Friday, December 30,20117:07 AM
Subject: Offer withdrawn
Mr. Coughlin you proved me correct, you are obviously more interested in haggling and hassling than you are in actually
getting any of the remaining stuff at the river rock house. Further, although given adequate time, you have n()t even
bothered to file a motion with the district court.
THE PRIOR OFFERTO LET YOU BACK INTO THE PROPERTY IS REVOKED.
We will start the disposal process immediately.
Rgh
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENTPRlVILEGE This e-mail may contain legally
privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this
communication to anyone other than the intended recipient. If you have received this message in error, please notify the
sender and delete the email message frot;n- your system. Thank you.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in
of (i) avoiding penalties under the Internal Revenue Code or .
(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
No. virus found in this message.
Checked by,AVG - www.avg.com
Version: 2012.0.18691 Virus Database: 2102/4674 - Release Date: 12/11/11 Internal Virus Database is out of date.
Checked by AVG -
Version; 2012.0.1869/ Virus Database: 2102/4674 - Release Date: 12/11/n Internal Virus Database is. out of date.
1
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
eXHliBIT .8
, ,I <'.,
: ~ I
gr
LAW OFFICE
RICHARD G. HILL
1 Code No. 1520
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
17
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of
18 perjury avers:
19 1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
20 and over 18 years of age. This declaration is based on my personal knowledge, except those
21 matters stated on information and belief, and as to those items I believe them to be true.
22 This declaration is made in support of respondent's Opposition to Amended Emergency
23 Motion for Temporary Restraining Order, and represents my testimony if called on to
24 present same in court.
25 2. I am an attorney duly licensed as such by the State of Nevada to practice
26 before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
27 I am also licensed to practice before the United States District Court for the District of
Reno, Nevada 89505 Nevada.
(77 5) 348-0888
Fax(775) 348-0858
LAW OFfiCE
RICHARD G. HILL
1
2
3. My office represents the respondent, Dr. Matthew Merliss, in this matter.
4. My office was never properly served with the instant motion by mail or
3 hand-delivery. The only copies we received were by email and fax. Cf., NRCP 5.
4 5. Attached hereto as EXHIBIT 1 is a true and correct (redacted) copy of a
5 billing "activity report" generated by my office showing all work performed as part of my
6 representation of plaintiff in connection with the opposition referenced above. I have only
7 redacted those portions of the billings which might reveal privileged information (Le.,
8 attorney-client andlor attorney work product) or charges which do not pertain to the
9 instant opposition. All charges arising from the entries on the attached report were actually,
10 reasonably and necessarily incurred on behalf of my client in this case. The data presented
11 is, essentially, the billings sent to the clients in a slightly modified format.
12 a) The charges for my time were all assessed atthe rate of $225.00 per
13 hour, which is my standard hourly rate. Upon investigation and experience, this rate is well
14 within the range of fees charged by other attorneys in the community.
15 6. The total fees incurred by plaintiff in preparing and filing the instant
16 motion and reply are $ 1,485.00.
17 7. In accordance with the factors enunciated by the Nevada Supreme Court
18 in Brunzell v. Golden Gate Nat. Bank, 85 Nev. 345, 349, 455 p.2d 31 (1969) and as set forth
19 in SCR 155, I show the Court:
20 a) I have been practicing law in Nevada for approximately 6 years. My
21 practice emphasizes collections, real estate, real estate litigation, construction, construction
22 defect, business, business litigation and general commercial law.
23 My current standard hourly rate is $225.00 per hour. Upon inquiry, I
24 understand that rates to be well within the range of fees charged by other attorneys with
25 comparable qualifications in the community for similar services. The fees charged were
26
27
actually, reasonably and necessarily incurred.
Reno, Nevada 69505
III
III
(775) 3480888
Fax(77 5) 3480858
2
1 b) The work that was actually performed in connection with the
2 instant opposition is itemized on EXHIBIT 1. The entries on EXHIBIT 1 were made by me
3 when and as the charges were incurred. The billings show a total of 6.6 hours spent on this
LAW OFFICE
RICHARD G. HILL
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Reno, Nevada 69505
(775) 348-0888
Fax(775) 348-0858
matter, each and every instance of which was necessary and reasonable under the
circumstances.
8. I have personally reviewed exhibits 1, 3, 4, 6, 10, and 11 to the opposition
referenced above, and each exhibit is a true and correct copy of what it purports to be.
9. I declare under penalty of perjury that the foregoing is true and correct.
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not
contain the social security numJer of any person.
DATED this day of January, 2012.
3
LAW OFFICE
RICHARD G. HILL
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
Reno, Nevada 69505
(775) 346-0686
Fax(775) 3460656
EXHIBIT NO.
1
EXHIBIT INDEX
DESCRIPTION
PAGES
Activity Report 1
4
EXHIBIT 1
EXHIBIT 1
Richard G. Hill, Chartered
... ... ...
For the dates: 12/30/2011 to 113/2012
Client: Merliss, Dr. Matthew J.
Matter: General (Default)
Bill Detail
Date

Biller
12/30/2011 Fee CB Emails and another emergency motion from Coughlin.
12/30/2011 Fee CB Opposition to emergency motion for TRO.
113/2012 Fee CB Edit, revise, and finalize opposition to emergency
motion for TRO.
1/3/2012
Activity Report
Hours Amount
0.50 $112.50
3.60 $810.00
2.50 $562.50
Page 1
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
gr
LAW OFFICE
RICHARD G. HILL
1
2
3
4
5
6
7
8
9
Code No. 1520
State Bar No. 596
State Bar No. 9504
652 Forest Street
Reno, Nevada 89509
(775) 348-0888
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
10 ZACHARY BARKER COUGHLIN, )
)
)
)
)
)
)
)
11
12 v.
13 MATT MERLISS,
Appellant,
Respondent. )
Case No.: CVll-03628
Dept. NO.7
14
15
-------------------------)
16
17
DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
18 of perjury avers:
19 1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
20 and over 18 years of age. This declaration is based on my personal knowledge, except those
2.1 matters stated on information and belief,and as to those items I believe them to be true.
22 This declaration is made in support of plaintiffs Opposition to Amended Emergency
23 Motion/or Temporary Restraining Order, and represents my testimony if called on to
24 present same in court.
25 2. I am an attorney duly licensed as such by the State of Nevada to practice
26 before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
27 I am also licensed to practice before the United States District Court for the District of
~ : ~ ~ : a ~ ~ x ~ m 28 Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
(775) 348'()S8S
Fax(775) 3480858
LAW OFFICE
RICHARD G, HILL
1 3. My office represents the respondent, Dr. Matthew Merliss, in this matter.
2 4. On Sunday, November 13, 2011, Dr. Merliss and I found Mr. Coughlin
3 living in the basement of the home on River Rock. He had barricaded himself in the
4 basement and had clearly been living there for quite some time.
5 5. I have personally reviewed exhibits 2, 5 and 7 to the opposition referenced
6 above, and each exhibit is a true and correct copy of what it purports to be.
7 6. I declare under penalty of perjury that the foregoing is true and correct.
8 AFFIRMATION Pursuant toNRS 239B.030
9 The undersigned does hereby affirm that the preceding document does not
10 contain the social security number of any person.
"2
11 DATED this.,,/ day of January, 2012
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
2
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
. EXH>ISIT 10 .
77';i3256715
RECEIVED 12/19/2011 08:23 7753480858
NO: REV 2011-001708
DEPARTMENT NO.2
RG HILL CHTD
08:2{ a.m. 12-19-2011
In the Justice Court of Reno Township, County of\Vashoe
STATE OF NEVADA
MATTHEW MERLISS ACTION: NOTICE TO VACATE
LANDLORD,
1/5
Vs DEMAND: RESTITUTION OF PREMISES
CASEY BAKER, ESQ.
652 Forest Street
Reno NV 895909
P.O. Box 2551
Reno NV 89505
ZACHARY COUGHLIN
DATE
2011
OCT 6
OCT 11
OCT 12
OCl' 13
OCT 17
OCT 17
OCT 17
TENANT.
ATJ'YFOR PLAlNTIFF.

FAX # 775-348-0858
Phone Number
ZACHARY COUGHLIN, IN PRO PER
817 North Virginia Street #2
Reno NV 89501
Any FOR DEFENDANT
775-229-6737
FAX # 775-949-667-7402
Phone Number
PROCEEDINGS
VOLUMEl
Motion to Proceed in Forma Pauperis filed and submitted. GRANTED per Judge Sferrazza.dss
Tenant's Answer/Affidavit to 30 Day No Cause Eviction & Unlawful Detainer; Motion for
Sanctions and Attorney's Fees; Counterclaim for Damages filed. Hearing set for OCTOBER
13, 2011 at 8:30 AM. Both parties notified by mail. Left message for tenant. Spoke to
Landlords attorney. Dss
Motion to Continue filed by Tenant SUBMITTED. ks
Landlord's Opposition to Tenant's Answer/Affidavit to 30 Day No Cause Eviction; Motion for
Sanctions and Attorney's Fees; and Counterclaim for Damages filed. cv
Plaintiff: represented by CASEY BAKER, ESQ.
Defendant, ZACHARY COUGHLIN appeared for a Summary Eviction hearing before Judge
SFERRA.zZA.
Hearing held. Tenant's Motion to Continue Deni.ed. If tenant posts rent of$2.275.oo by 9:00 am,
Monday October 17,2011 a trial will be set for OCTOBER 25, 20 II AT 10:00 am.
If tenant does not post the monies, eviction GRANTED at 9:00 am. October 17,2011. Jj
Emergency Ex Parte Motion filed. cv
Opposition to Emergency Ex Parte Motion filed. cv
Emergency Motion To Stay, Set Vacate Eviction Hearing Order tiled. be
Emergency Parte Motion filed. cv
$2,275.00 CASH posted ZACHARY COUGHUN, 121 River Rock St., NV. &9501
1 5 1 .. 001708
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Opposition to Emergency Motion To Stay Set Aside; Vacate Eviction H.earing Order filed. be
Order for emergency Motion To Stay Set Aside; Vacate Eviction HeMing DENIED. Be
Letter returned to court "Notice of Hearing"to Green Action Lawn Service.
Motion for Order Requiring Inspection of Real Property Pursuant to NJCRCP 34 filed.
Ex Parte Motion for Order Shortening Time filed.
Request for Submission of Ex Parte Motion for Order Shortening Time filed.
Order Shortening time SUBMITTED. cv
Errata To Opposition To Emergency Motion To Stay, Set Aside, Vacate Eviction Hearing
Received -Notice of Appeal to District Court. be
Order filed. bc
Request For Audio Copy of Proceedings along with a Motion lnfonna Pauperis Granted.
Subpoena Duces Tecum Re Hearing issued to RANDY FISHER.
Subpoena Duces Tecum Re Hearing issued to ZAeH NASH. Jj
Subpoena Duces Tecum Re Hearing issued to NV Energy.be
Certificate of Service filed.
Declaration of Casey D Baker, Esq. Pursuant to NRS 40.254 filed.
Notice of Entry of Order filed. be .
Notice of Appeal to District Court filed. dss
Faxed Emergency Request for Conference Call filed.
Order Shortening Time filed, requiring Inspection of Real Property on Monday the 24th
Of October 2011 at 10:00 A.M. bc
Emergency Request for Hearing submitted. Be
VOLUME II
Emergency Request for Hearingissues will all be taken care of at the October 25, 2011
Hearing. be
Subpoena Duces Tecum Re Hearing (NV Energy) filed with an Affidavit of Service to Joanne
McMaster. Legal Assistant ON October 20, 2011. jJ
Emergency Demand for Jury Trial and Amended Tenant's AffidavitiAnswer/Counterclaim
tiled.
Plaintiff, MATTHEW MERLISS appeared and represented by CASEY BAKER, ESQ.
Plaintiff's 1
st
Witness: Denise Tsuda, NV Energy represented by Brandon Barkhuff, Esq.
Plaintiff s 2
nd
Witness: Matthew Merliss
Defendant's l ~ t Witness: Zachary Coughlin
Defendant's 2
nd
Witness: Matthew Merliss
Plaintiff's Exhibits: A,B,C,n,E,F;G,H,l marked - A I admitted
Defendant's Exhibits: 1,2,3,4.5,6,7,8,9 marked 19 admitted
Defendant, ZACHARY COUGHLIN appeared for a Summary Eviction hearing before Judge
SFERRAZZA
Hearing beld.
Landlord has met his burden of proof EVICTION GRANTED effective October 31, 2011 at 5 :00
pm. Landl.ord may in 48 hours from today, inspect the property. Order to be submitted to the
court by ooon on Thursday.
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Deny request for a Jury Trial, not timely. Bail/rent posted of $2275.00 not to be disbursed at this
time. Tenant has 10 days to appeal and posted rent will suftke a<; appeal bond.
Court finds that there is no Defense of retaliation by the landlord. Tenant's Verbal Motion to Stay,
Denied.jJ
Motion to Set Aside Eviction Order filed. mm
SUBMIITED and DENIED.
Order Requiring Inspection. of Real Property SUBMITTED and GRANTED. cv
Memorandum of Costs and Disbursements tiled.
Findings of Fact, Conclusions of Law, and Order for Summary Eviction SUBMITTED and
GRANTED.Cv
Motion to Set Aside and or Stay Eviction Order/Motion for Sanctions filed. Ce
Note from Judge Peter 1. Sferrazza: "Already DENIED the Stay in Court."
VOLUME III
Emergency Appeal and Motion to Stay Eviction filed and SUBMITTED.
Letter requesting last hour of CD filed. ks
Notice of Entry or Order filed.
Notice of Entry of Order filed.
Per Judge Sferrazza: This is an appeal to the District Court so it needs to be transferred there.
ks
Motion to Stay Lockout and Complaint for Illegal Lockout filed. ks
Notice of Hearing tIled. (Set for Monday, NOVEMBER 7, 2011 at 8:30 a.m.)
Notice of Appeal to District Court filed.
Motion for Expedited Relieffor the Unlawful Removal or Exclusion of the tenant or the
Willful Interruption of Essential Services filed.
Motion to Release Bond filed,
Motion to Stay andlor Vacate Order for Summary Eviction t1led.
Motion to Continue in Possession (Elderly or Disabled Tenants Only) filed. ks
Returned maiL Not deliverable as addressed. dss
Plaintiff, represented by Casey Baker, Esq.
Detendant, Z.achary Cougbhlin appeared for a Summary Eviction hearing before Judge
Sferrazza.
Hearing held, Decision:
1. Rent deposit to be refunded to plaintiff in the amount of $2275.00.
2. Stay denied.
3. Supercedes bond if stay granted by District Court is 3 times monthly rent or $2700,00. jJ
Affidavit of Service filed.
Request for Submission of Memorandum of Costs and Disbursements filed. dss
Tenants Opposition to Landlord's Memorandum of Fees and Costs and Tenants Memorandum
Of Fees and Costs because Sellers does not predude Attorneys lee Sanction awards to
Attorney llro Se Litigants where NRCP is involked as it clearly should be Here filed.
Motion for Sanctions against Merliss and Motion For Sanction againsi MerUss's Counsel
And Counsel's Law Fim'l, Personally, Jury Trial Demand filed. be
Correction oflnadvertent Misstatement of Law Pursuant to NRPC 3.3 FILl:-])"
Order Awarding Costs and Attorney's Fees SUBMITTED. ks
Order Awarding Costs and Attorney's Fees filed. ks
Atlidavit of Service filed. (LANE KARl HARTMAN served NOVEMBER 2, 201 1)
Affldavil of Service tiled,
Order felT of transct'ipt at Public Expense filed.
3 :} RJC: 201 t -001
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Motion to Contest Personal Property Lien and for Return of Personal Property & Motion to Set
Aside or Vacate Atty Fee Award filed.
Verified Complaint for Illegal Lockout or Utility Shutoff filed. Jj
Motion to Waive Transcript Costs at Public Expense and Deposition Costs and Fees filed. ks
SUBMITTED all three for this date. jJ
Request for Audio Copy Proceedings filed. rw
Judge Wants hearing set. Unable to reach tenant File on counter with the Audio cd for him to
pick up.jJ
Opposition to Motion to Waive Transcript Costs and Deposition Costs and Fees at Public
Expense filed.
Oppositon to Motion to Contest Personal Property Lien; Joinder in Motion to Set Aside or
Vacate Attorney Fee Award filed.
Motion for Order to Show Cause .filed. dss
Order for Hearing filed.
Motion to Set Bond and Stay Eviction filed.
Designation of Record and Statement of Points Oll Appeal and Notice of Intent to File Brief
filed.
AffidavitlDeclaration in Support of Motion to Contest Personal Property Lien and for Return
of Personal Property tUcd.
Certificate of No Transcript filed.
Notice of Appeal filed.
Statement of Proceedings filed.
VOLUME IV
Notice of Posting and Acceptance of Supersedeas/Cost Bond on Appeal submitted. Dss
Notice of Redaction filed. Jj
Opposition to and Reservation of Right to Oppose on the Merits All Papers Filed or Submitted
by Defendant on or about November 23, 2011. jJ
Order filed by Judge Peter J Sferrazza. (The Order Awarding Attorney's Fees is VACATED;
This Court no longer has jurisdiction in this matter with respect to the evicti.on, since this case
was appealed to the Second Judicial District Court; it is further ordered that any other motions
that have been filed with the Court shall be stayed until such time as the appeal is decided.)
Opposition to Motion to Show Cause; Motion to Vacata and or Set Aside and or Stay Eviction
Order/Motion for Sanctions filed.
Affidavit/Declaration in Support of Motion to Contest Personal Pro perth Lien and for Return
of Personal Property filed.
Motion to Contest Personal Property Lien and for Return of Personal Property filed.
Order for Hearing field. (Set tor DECEMBER 20, 201! at 9:45 a.m.)
(Both parties notified by mailing this date) ks
Notice of Entry of Order filed. Dss
Received a check made payable to 'Second Judicial District Court' dated 1118/11 for $216.00.
(This is for District Court's appeal fee when appeal goes over) ks
Received chc<:k # 1422 from Zachary Coughlin payable to District Court for appeal fee. jJ
Receipt to Zachary Coughlin from Reno Justice Court for $250.00 for appeal bond and a
recei pt for $1.00 tor 'supersedeas bond'.
Emergency Motion for TRO; Injunction Request tbr Sul:nnission of this Motion Attempting to
Pay Appeal Bond of $250.00 and Supersedeas Whatever it Is filed. Jj
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Subpoena Re Hearing issued on DARLENE SHARPE of DICKSON REALTY. Dss
Emergency Ex Parte Motion: Amended Case Appeal Statement. Statement of Record on
Appeal Motion to Set Aside Eviction Order, Emergency Ex Parte Motion for Order Shortening
Time, Motion for TRO and or Injunction Against Landlord's 12 19 2011 Property Disposal
Deadline; 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; Aj\lD
NOTICE OF INTENT TO FILE BRIEF; Statement of Proceedings; CERTIFICATE OF NO
TRANSCRIPT; NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST
BOND ON APPEAL filed.
Faxed letter to Judge Clifton, Judge Sferrazza and Casey Baker, Esq. received. (Per Judge
Sferraz1,as' notes: Tenant refused to set this for hearing. It is now set for DECEMBER 20,
2011)ks
Order Shortening Time to Answer received. SUBMITTED 12/19111.
Statement by Jocelyn Jonas, Deputy Clerk.
Statement by Karen Stancil, Chief Civil Clerk.
Letter dated to Judge Sferrazza and Reno Justice Court SUBMITI'ED 12/19/11. ks
5 5 RJC 11
F I L E D
Electronically
01-03-2012:03:31:20 PM
Clerk of the Court
. ----------
EXHIBIT 11
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EXHIBIT 11
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Document Code:
Zach Coughlin, Esq.
NV Bar No: 9473
4!! E. 9
th
"t. #!
$eno, NV %9&'
(ele: 77&)!!9)*737
+a,: 949)**7)74'!
-ro .er /..ellant
0N (1E "EC2ND 34D0C0/5 D0"($0C( C24$( 2+ (1E
"(/(E 2+ NEV/D/ 0N /ND +2$
(1E C24N(6 2+ 7/"12E
Z/C1/$6 B/$8E$ C249150N
-lainti::,
;s.
</(( <E$50"", <D, = </((1E7 3.
<E$50"" 50V0N9 ($4"(=
De:endant.
>
>
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>
>
>
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>
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C/"E N2: CV11-03628
DE-(. N2: 7
REPLY TO DEFENDANT'S AMENDED
EMERGENCY MOTION FOR
TEMPORARY RESTRAINING ORDER
OR INJUNCTION PREVENTING
MERLISS FROM DISPOSING OF
TENANTS PROPERTY; OR, IN THE
ALTERNATIVE; MOTION FOR STAY
REPLY TO DEFENDANT'S AMENDED EMERGENCY MOTION FOR TEMPORARY
RESTRAINING ORDER OR INJUNCTION PREVENTING MERLISS FROM
DISPOSING OF TENANTS PROPERTY; OR, IN THE ALTERNATIVE; MOTION FOR
STAY
/--E5/N(, Z/C1 C249150N, a..earing .ro se and, unli?e Ba?er or 1ill, not getting
.aid @4&,''' in attorneABs :ees since the :iling o: the N2 C/4"E e;iction notice in $3C $e;!')
''7'%, hereCA :iles this $e.lA to <erlissBs attem.ts to o..ose a..ellantBs Damended emergencA
motion :or tem.orarA restraining order.D Des.ite the com.lete lac? o: merit o: the o..osition to the
instant motion Ere.lete Fith $ichard 9. 1ill, EsqBs Fell ?noFn tactics, Fhich include lAing regularlA,
G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
2$DE$ 2$ 0N34NC(02N -$EVEN(0N9 <E$50"" +$2< HD0"-2"0N9I 2+ (EN/N(" -$2-E$(6= 2$, 0N
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
F I L E D
Electronically
01-05-2012:11:00:17 PM
Clerk of the Court
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alleging o..osing counsel is lAing des.ite :ailing to include anA s.eci:ics Fith regard to hoF that
maA Ce, and 1illBs numerous attem.ts to state something as aCsolute :act to the court Fhen, in realitA,
it is nothing more than Fhat 1ill Fishes or thin?s might ?ind o: Ce the truth, or something that 1ill
Fould :ind a lot more con;enient Fere it the truth and he didnBt ha;e to Cother Fith actuallA ha;ing a
Casis :or asserting that it Fas the truth....>, <erliss has :ailed to re:rain :rom dis.osing o: anA .ro.ertA
le:t Cehind CA <r. Coughlin .ending this courtBs ruling on the motion, es.eciallA Fhere Ba?er and
1ill continue to lea;e CoughlinBs .ro.ertA unloc?ed, outside the house, .racticallA re.lete Fith a neon
sign as?ing .asserCAs to steal it. (his $e.lA to the o..osition is Cased on the .oints and authorities
CeloF and all .a.ers and .leadings on :ile herein. THERE IS one thing that is reallA im.ortant to
rememCer here, though...FhA is it that $ichard 9. 1ill, Esq. and <erliss :eel the need to go into all
these outrageous allegations in the conte,t o: o..osing a ($2 or <otion +or "taAJ 7hA not Kust
:ocus on the rele;ant :acts and laFJ 0s it Cecause N$" 4'.3%& is so ;erA Cad :or their caseJ 0s it
Cecause one sim.lA cannot use a "ummarA E;iction -roceeding against a commercial tenant
according to Cright line Clac? letter laF in Ne;ada, .ursuant to N$" 4'.!&3J 0s it Cecause theA ?noF
theA ha;e to .ic? their .oison, ie, either 0 am a residential tenant and mA rent is under @,''', so
under N$" 4'.3%&, CA de.ositing the statutorilA set sum o: @!&' Fith the 3ustice Court 0 DmaAD get a
staA during the .endencA o: the a..eal, ;ersus, Fhere 0 am deemed a Dcommercial tenantD....sure the
Cond can Ce set someFhere near three times the monthlA rent...Cut, 90VEN (1E +/C( (1/(
B/8E$ /ND 1055 C2ND4C(ED 71/( E/ND (1E0$ NE4$2"4$9E2N C50EN( 7055
4NDE$"(/ND (10", 0NC54D0N9 71E(1E$ 2$ N2( (1E6 92( 10" 0N+2$<ED
C2N"EN( (2 0(> 7/", E""EN(0/56, / B7$2N9 "0(E "4$9E$6D B6 4"0N9 / N2
C/4"E EV0C(02N N2(0CE (2 EV0C( / C2<<E$C0/5 (EN/N(, 0N D0$EC(
C2N($/VEN(02N 2+ (1E EL-$E"" D0C(/(E" 2+ (1E BENC1 B228, N$" 4'.!&3, /ND
!G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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(1E /NV40 /ND 95/Z0E$ DEC0"02N" 2+ (1E NEV/D/ "4-$E<E C24$(, <E$50""B"
7125E C/"E +/55" D27N 508E / 124"E 2+ C/$D". /nd cue the sad, mourn:ul Frong:ul
e;iction soundtrac? and ensuing litigation..../lso, <r. 1ill is curiouslA silent Fith res.ect to the
5ease /greement Eattached herein as E,hiCit >, Fhich, at -aragra.h ', clearlA states: DResiden
!"#$e# %&' "se $e (#e%ises !)# &n' *)%%e#*i&+ ene#(#ise, ," n) !)# &n' ("#()se -$i*$
"n+&-!"+.D 5i?eFise, the 5ease /greement in this matters, at -aragra.h holds: D2CC4-/NC6:
2ccu.ancA o: the .remises is limited to ! adults...and shall Ce used :or a residence &nd !)# )$e#
("#()ses.D EEm.hasis added>.
POINTS AND AUTHORITIES
(his is an a..eal :rom a summarA e;iction granted in the $eno 3ustice Court. (he .ertinent
:acts :or .ur.oses o: this motion are as :olloFs:
. 2n No;emCer 3th, !'$es.ondent, </(( <E$50"" ED<E$50""D> and his attorneA
$ichard 9. 1ill, contriCuted to the Frong:ul arrest o: Coughlin :or tres.ass, misleading the $eno
-olice De.artment as to 1illBs 2::ices No;emCer 'th, !' corres.ondence to Coughlin Fherein it
in:ormed Coughlin it Fas charging Coughlin the D:ull rental ;alue o: the .ro.ertAD :or the entire
month o: No;emCer. +urther 1ill :ailed to in:orm the $eno -olice De.arment o::icerBs Carter and
5o.eM that Coughlin had Coth called and Fritten 1illBs o::ice numerous Fith res.ect to CoughlinBs
.ersonal .ro.ertA and that Coughlin had, on numerous occasions, in Friting and ;erCallA, in:ormed
1ill and his associate and sta:: that the undersigned did not consent to ser;ice o: /N6(10N9 :rom
1ill or anAone Fith his o::ice ;ia electronic means, es.eciallA Fhere 1ill and Ba?er had continuallA
sought to im.ermissiClA s.eed u. a "ummarA E;iction -roceeding that is alreadA too :ast,
.articularlA Fhere it is Ceing used im.ermissiClA against one o: Ne;adaBs :eF remaining small
3G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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Cusinessmen, in direct contra;ention o: N$" 4'.!&3. / not so ha..A CA .roduct o: <erliss Ba?er
and 1illBs attem.ts to .ro;e to the Ne;ada legal communitA that, Fith enough moneA s.ent litigatinB
and Fhatnot, a landlord can get the courtBs to rule Fhiche;er FaA theA need the court to rule,
regardless o: Fhat the laF actuallA saAs. "ure, Ba?er and 1illBs DFrong site surgerAD here, in
Cringing a "ummarA E;iction -roceeding, Fith onlA a No Cause Notice o: E;iction ser;ice Eie, no
allegation o: non).aAment o: rent Fas stood Cehind> has done de;astating damage to not on
CoughlinBs .ractice and li:e, Cut that o: his :amilA and lo;ed ones. Besides the cataclAsmic disaster
this e;iction has Frought on CoughlinBs :i;e Aear relationshi. Fith his then girl:riend and co)tenant
<elissa 4lloa, is the terriCle emotional toll e,acted u.on CoughlinBs e,tended :amilA Eincluding a
mother Fho has ser;ed the local non).ro:it, VerA ".ecial /rts Ne;ada admiraClA :or !' Aears, a
:ather Fho has Courne untold miseries, con:idences, and late night .hone calls :rom .atients as a
gladiator :amilA .hAsician in the $eno area since 979 Fith a s.ecial em.hasis on addiction medicine
Eand Fhich has, at times, Crought him in :airlA close .ro,imitA Fith some indi;iduals :airlA integral
to the o.eration o: Kustice in our communitA>. "ome o: those CoughlinBs :atherBs addiction medicine
em.hasis Fas relaAed to are .articularlA disgusted Fith this ridiculous god damn lAing CullshNt 1ill
and Ba?er see? to .eddle Ce:ore this court aCout :inding a Dcrac? .i.e and a Cag o: FeedD at the
undersignedBs laF o::iceD. 0: 3udge $oCert -errA EFho managed to Ce a casino change .erson and a
4.". Na;al /cademA graduate>, maA he rest in .eace, Fas around to hear the Cilge and drec? that 1ill
and Ba?er see? to .aint on those so rec?lesslA, so duCiouslA, and so totallA de;oid o: anA Casis in
:act, 0 ha;e to imagine, :rom .ersonal e,.erience Fith the man Corn o: manA a (hursdaA night get
together, and manA a lunch time meeting, that he Fould smac? them across their god damn lilA
li;ered :aces>. +urther distress and trouCle on :amilA relationshi.s has this Frong:ul e;iction e,acted
on the undersigned relationshi. Fith a sister Fho is an occu.ational thera.ist, tFo othersB Fho are
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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educators in grade and middle school, etc., etc>. <erliss, 1ill, and Ba?er :ret and strut their hour
u.on the Cench, :ull o: sound and :urA, signi:Aing onlA their oFn a;arice and greed and com.lete lac?
o: :idelitA to the dictates o: N$C- . (heA are a .o, on the legal .ro:ession.
/t the scene o: the arrest, the :olloFing Fords came out o: $eno -olice De.artment /rresting
2::icer CarterBs mouth: D$ichard 1ill .aAs me a lot o: moneA so 0 arrest Fho he saAs to arrest and 0
do Fhat he tells me to do...D. Both 2::icerBs Carter and 5o.eM re:used to querA 1ill Fith res.ect to
the e,istence and im.ort o: 1illBs No;emCer 'th, !' Fritten corres.ondenceGCill to Coughlin :or
the :ull rental ;alue o: the .ro.ertA :or No;emCer, some @9'', on the arrest date o: No;emCer 3th,
!', ma?ing e;en more curious the arresting o::icers decision to conduct a :ull on custodial arrest
Erather than declare the situation Da ci;il matterD as the $eno -olice De.artment does Kust aCout
anAtime Coughlin calls them to see? to ha;e them ?ee. the .eace, including a recent indicent Fhere
the ;erA same 2::icer 5o.eM shoFed u. to the most recent .ro.ertA Coughlin has rented and re:used
to .rotect Coughlin or ma?e an arrest e;en though Coughlin o::ered 2::icer 5o.eM audio and ;ideo
recordings o: an domestic relationshi. assault and CatterA against Coughlin, e;en Fhere CoughlinBs
tires Fere slashed and an illegal loc?out and interru.tion o: essential ser;ices Fere .er:ormed against
Coughlin and Coughlin .leaded Fith 2::icer 5o.eM to do something. "omehoF, the circumstances
detailed in the 4)* 9 calls CA Coughlin, starting on a..ro,imatelA DecemCer !9th, !', through
3anuarA !, !' did not Kusti:A a custodial arrest, Cut Fhate;er it is that $eno -olice De.artment
2::icerBs Carter and 5o.eM used :or moti;ation on No;emCer 3th, !', did result in a custodial
arrest o: Coughlin, re.lete Fith the stri. search, issuance o: Kail clothes and tinA toothCrush, angrA
"heri::Bs De.uties re:using to .ro;ide Dtier timeD to Coughlin, e;en Fhere is Fas aCsolutelA necessarA
to do so i: Coughlin Fere to Ce a::orded an o..ortunitA to ma?e other arrangments :or his laF
.racticeBs clients su::icient to a;oid .reKudicing their cases....
&G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
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<erliss is the oFner o: the residential real .ro.ertA located at ! $i;er $oc?, $eno, Ne;ada
Ethe D-$2-E$(6D>, though 9reen /ction 5aF "er;iceBs :oreman stated that Dic?son $ealtA $ealtor
and quasi .ro.ertA manager Darlene "har.e Fas the DlenderD.
!. /mongst the .ro.ertA 1ill <erliss and Ba?er Frong:ullA a..lied a lien to Fere har dri;es,
including those containing sensiti;e client in:ormation. (1E$E 0" EV0DENCE (1/( (12"E
1/$D D$0VE" 7E$E /CCE""ED /ND 2$ C2-0ED 7105E 0N 1055 /ND B/8E$"
-2""E""02NO (1/( 0" /N 24($/9E 2+ E-0C -$2-2$(02N". /..ellant, Z/C1/$6
B/$8E$ C249150N, Esq.Bs laF .ractice and mattressG:urniture Cusiness DCoughlin <emorA
+oamD EDC249150ND>, Fas a commercial tenant at the -ro.ertA Ceginning in late +eCruarA !''.
CoughlinBs rent .ursuant to the lease Fas @9''.'' .er month Eie, under the @,''' limit mentioned in
N$" 4'.3%&, and there:ore a @!&' Cond .osting should ha;e Aielded a staA, much less the $3C
?ee.ing CoughlinBs @!,!7&...es.eciallA Fhere Ba?er Dremi,edD 3udge ":erraMMaBs .ronouncement o:
his ruling :rom the Cench on 2ctoCer !*, !', a .ractice that the Feasel Ba?er re.ortedlA does
Fhene;er .ossiCle. 7hen Coughlin Dlast .aid rentD has not Ceen litigated at all in this case or $3C
$e;!')''7'%, indeed, 0( 7/" / N2 C/4"E EV0C(02N N2(0CE that Fas ser;ed in that case,
FhA Fould a court s.end anA time on Fhen rent Fas last .aid. 1ill continues to trA to .aint the court
in cloFn ma?eu. Fith his ruCCish allegations o: hoF DFhen rent Fas last .aidD Fas this or that. "to.
it $ichard, Aou emCarass not onlA Aoursel:, Cut Aour Crethren in the legal .ro:ession in the .rocess.
1ill lies in his tA.ical and .atented stAle Eand :urther, the undersigned has re.eatedlA, and does so
again herein, state that he has neither the time nor inclination to res.ond to e;erA Caseless allegation
1ill ma?es, as such, a Clan?et denial a..lies to anAthing uttered or Fritten CA 1ill, his associate, his
sta::, anAone 1ill has e;erA lo;ed, anAthing 1ill has e;er touched, gaMed u.on, or otherFise
Cesmirched>, in his 2..osition, a state o: a::airs Fhich he has unseeminglA .assed on to his associate
*G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
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Ba?er, Fhen he Frites that: D/s discussed CeloF, the Kustice court reKected all o: CoughlinBs reasons
:or not .aAing rent....D -raA tell, <r. 1ill, FhA Fould the 3ustice Court e;en Cother loo?ing into to
Fhether rent Fas .aid or not Eit didnBt and no testimonA Fas o::ered in that regard, nor Fas anA
e;idence .roduced as 1ill and Ba?er Fere to :ear:ul o: the N$C- $ule motion Coughlin had sa:e
harCored against them> 71EN 1055 /ND B/8E$ 2N56 "E$VED C249150N 70(1 / N2
C/4"E N2(0CE 2+ "4<</$6 EV0C(02N.
3. 2n 2ctoCer !7, !', not, as 1ill mis)states Da:ter tFo e;identiarA hearings on the matterD,
Cut a:ter 2ctoCer 3th, !' hearing, Fhich 3udge ":erraMMa then continued to a ($0/5 on
No;emCer !*th, !' Ethat Fas ina..ro.riatelA notice and did not com.lA Fith the ser;ice, notice,
and .rocess requirements o: ($0/5")thin? !' daAs to res.ond to a Notice ser;ed on No;emCer &th,
!', not 9 daAs to .re.are :or a ($0/5....), under Ne;adaBs 3C$C- '&)'>, Fhich 7/"
N2(0CE 0N 7$0(0N9 /" / ($0/5, $E+E$$ED (2 /" / ($0/5, E(C., E(C. Ee;en Ba?er has
to admit to 3udge ":erraMMa in o.en court that Dthe use o: the Ford (rial, 6our 1onor, Fas
regrettaCle....D>...-erha.s the $3C Fanted the 2ctoCer !*th !' court date to Ce a ($0/5, as it Fas
indicated to Ce 0N 7$0(0N9 /ND N2(0CE 2+ (1E $3C Cecause, .ursuant to N$" 4'.!&3E*>, the
$3C and 3udge ":erraMMa are not .ermitted to ta?e CoughlinBs @!,!7& as some sort o: Drent escroF
de.osit required to litigate haCitaCilitA issues>, es.eciallA Fhere N. 3C$C- %3 requires the $3C to
.uClish and get a..ro;ed CA the N. ". Ct. anA sort o: analogue to 3C$5V $ule 44, Fhich is
something e;en 5as Vegas CarelA can en:orce Fithout Clushing considering the inhuman toll it e,acts
u.on tenants....
4. +unnA thing aCout the $eno 3ustice Court: Fhen it comes to setting a hearing Fithin '
daAs o: mA :iling <otion to Contest -ersonal -ro.ertA 5ien on No;emCer *th, !', the $3C is all
Doh, Fe needed Aour .ermission, <r. Coughlin, to set such a hearing, its Aour :ault that Fe couldnBt
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get it on Fithin the ' daAs required CA statute under N$" 4'.!&3E7)%>= hoFe;er, Fhen Coughlin
Fent in to :iled something on No;emCer 3, !' at 4:&%.m, $3C :iling o::ice Chie: Cler? 8aren
"tancil didnBt need no .ermission to ser;e .ersonallA on Coughlin Notice o: a 1earing to ta?e .lace
on <ondaA, No;emCer 7, !'. 7ell, actuallA, allegatheticallA, another cler? had to snea? that
Notice o: the 1earing on No;emCer 7, !' into a stac? o: .a.ers she sli..ed Coughlin Fhen she
Fas .retending to Ce hel.:ul :or a change, rather than sullen, and o;erlA o.inionated :or someone
Fho cares so little o: the im.ort o: the 7hitman, De;odo, and "ulli;an decisions o: the Ne;ada
"u.reme Court Fith res.ect to court em.loAees legislating :rom the :iling o::ice des? and re:using to
acce.t :ilings Cecause theA Kust arenBt :eeling it that daA.... 6ou see, someCodA at the $3C :igure out
that it .roCaClA Fas not legal to hold on to Coughlin last @!,!7& on earth i: it Fas not granting him a
staA Ees.eciallA Fhere N$" 4'.3%& entitles Coughlin to one, :or his .osting a Cond as little as @!&'
Einstead the $3C ?e.t CoughlinBs @!,!7&, and i: Aou Celie;e 1ill, did not grant a staA> as, in 3udge
":erraMMaBs Fords, that Fould Ce Dcon;ersionD. "o, hoF again is it <r. 1illBs outrageous allegations
o: Coughlin li;ing here or there during this or that .eriod Esomethign Fhich 1ill ne;er Cothers to
su..ort Fith anAthing other than his oFn Cluster, hot air, and conKecture, and a..arent Fillingness to
to incur N$C- $ule sanctions i: it means mil?ing a Fill:ul neurosurgeon good and drA in the
.rocess> 2n No;emCer , !', Coughlin Fas laF:ullA and .ro.erlA loc?ed out o: the -ro.ertA.
&. 2n No;emCer 3, !', Dr. <erliss and <r. 1ill turned their little sonA ;ideo camera on
Fhen it Fas con;enient and, .resumaClA, dis.osed o: anA :ootage that Fas not quite so con;enient. 0
could saA 0 ?noF theA did this, Cut then 0 Fould Ce a Kac?ass li?e $ichard 1ill Friting that 0 ?noF
things Fhen 0 can onlA guess as to Fhether theA are true or not, and Ce :orced to coFer Cehind some
AelloF Cellied D.ri;elege o: the .artici.antD aCilitA to de:ame litigants Fith im.unitA Ea suCKect 0
Frote aCout :or the laF Kournal DFrite on com.etitionD Fhile .art o: the earlA daAs croFd at 4N5VBs
%G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
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BoAd "chool o: 5aF EFhere 1ill and Ba?er Fould not ha;e lasted a second>, earning one o: tFo or
three D$ights o: +irst $e:usalD to the astonishment o: mA classmates, Fho Fould somehoF still
manage to Ce astonished Fhen 0 .assed the Car e,am in the summer :olloFing onlA mA second Aear
o: laF school...Aet 1ill and Ba?er descriCe me to the $3C, in Kusti:Aing the need to so curtail mA
access to the .ro.ertA, as some sort o: laFAerlA 4ncle +ester idiot sa;ant crac?head...go :igure....>.
"o 1ill rec?lesslA de:ames the undersigned, Friting in his 2..osition that he Ddisco;ered Coughlin
li;ing in the Casement o: the -ro.ertA. Coughlin Fas arrested and charged Fith criminal tres.assing
at that time. / motion :or order to shoF cause FhA Coughlin should not Ce held in contem.t o: the
Kustice court .ursuant to N$" !!.'!' is currentlA .ending in that court. 0t Fas clear that Coughlin had
not made anA attem.t to remo;e anA o: his Celongings :rom the -ro.ertA Ce:ore he Fas caught li;ing
in the Casement, although he had Ceen li;ing there illegallA :or tFo Fee?s....D 7ell, <r. 1ill, i: that
is true Eand the &th /mendment a..lies in a ci;il conte,t, and :urther, Fhat Fould that ha;e to do
Fith a <otion :or ($2 or "taA anAFaAsJ>, then FouldnBt Aour :ailure to oCKect during that time
constitute some sort o: laches, or .ermission to Ce their, .articularlA Fhere Aour No;emCer ', !'
Friting alleges the D:ull rental ;alueD o: the .ro.ertA Fas currentlA Ceing charged and accruedJ
$egardless, though 1ill continues to maintain that he has all this .roo: that Coughlin Fas DillegallA
li;ing thereD, 1ill ne;er does quite manage to .roduce anA such .roo:, that is, unless 1ill Celie;es his
oFn conKecture to Ce tantamount to incontro;ertiCle e;idence, Fhich he .roCaClA does, as anAone
Fho ?noFs $ichard Fould li?elA agree.
*. E;en i: 1illBs allegation that DDuring the time Coughlin Fas secretlA li;ing in the Casement,
<r. 1ill Fas sending him emails almost dailA in an e::ort to get Coughlin to ma?e some e::ort to
remo;e his .ersonal .ro.ertA :rom the residence..D Fere true EFhich is clearlA is not> 1ill had Ceen
noti:ied in Friting numerous, numerous times and told ;erCallA as Fell that email and other
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electronic means o: anA corres.ondence, communication, :iling, or notice Fas not consented to CA the
undersigned. 0: 1ill Fere added to a DCloc?ed sender listD in the undersignedBs email, 1ill certainlA
Fould Ce unaCle to saA he Fas not Farned in that regard. 1ill cannot saA the same :or Fritten
corres.ondences sent CA Coughlin.
7. 2n DecemCer !, !', during hearing on CoughlinBs motion to contest <erlissB .ersonal
.ro.ertA lien, Coughlin chided 1ill :or entering the court room surre.tiouslA des.ite Ceing as?ed to
lea;e CA 3udge ":erraMMa gi;en the antici.ation that 1ill Fould Ce called as a Fitness, and :urther
chided 1ill :or ta?ing such a DCig chanceD CA re:using to return CoughlinBs clientBs :iles to Coughlin,
their attorneA, .articularlA Fhere those clients matters Fere so li?elA to Ce .reKudiced CA 1illBs
misconduct, Fhere 1illBs client stood to gain so little CA 1ill doing som etc, etc. 0n res.onse to
Coughlin in;o?ing his distaste :or 1ill ta?ing such a Clase a..roach to the homeoFners rights o:
middle class citiMens o: 7ashoe CountA, 1ill made some sort o: grotesque hand signal and :acial
gesture seeminglA meant to connote some masturCatorA re:erence illustrating 1illBs com.lete an utter
disconnection :rom his :elloF man and those citiMens Fho, unli?e 1ill, do not ha;e a staCle o: some
*)% -orches at home. 3udge ":erraMMa, ine,.licaClA, e,.loded at Coughlin :or .ointing this out :or
the record. Not sure hoF CoughlinBs doing so necessitated such an u.roar out o: 3udge ":erraMMa
Fhen the undersigned Fas merelA .ro;iding some accurate .laA CA .laA :or 1illBs tac?A sac? dance.
%. 1ill Fent to great lengths to limit, curtail, and oCstruct Coughlin anA access Couglin Fas
.ro;ided to the -ro.ertA on (hursdaA, DecemCer !!, !', and +ridaA, DecemCer !3, !',
necessitating Coughlin ha;ing deli;ered .ersonallA Fritten notice to 1illBs o::ice demanding 1ill
remo;e the .adloc? and metal chain on the Cac? gate and ta?e the Coards o: o: the door to the rear o:
the house and rear .orch, all o: Fhich 1ill :ailed to do.
'G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
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9. 2n DecemCer !!, !', Coughlin sent an email to the undersigned and 3udge ":erraMMa,
.ointing out, again, the e,istence o: N$" 4'.3%&, something :or Fhich 3udge ":erraMMa and 1ill, to
this daA, are seeminglA Cliss:ullA unaFare o:. 3udge ":erraMMa quic?lA res.onded CA email, and
reminded <r. Coughlin that the staA had Ceen denied, going on to cite to Aet another $ule o: the
3ustice Court o: 5as Vegas that the $eno 3ustice Court has ta?en to en:orcing as a secret Dhouse ruleD
a..lied Fhen needed, des.ite the $3CBs :ailing to com.lA Fith the dictates o: 3C$C- %3, ie,
.uClishing the re;ieF, suCKecting it to actual sunshine, and getting it a..ro;ed CA the Ne;ada
"u.reme Court, :or to do so Fould Ce so Cothersome and greatlA curtail the aCilitA o: the $3C and its
:iling o::ice sta:: to ma?e the Forld a Cetter .lace :or the $ichard 9. 1illBs o: the Forld, as theA do
through so manA a..lications o: those neat old secret Dhouse rulesD, the ones that, des.ite 3C$$( !Bs
dictate, alloF $3C :iling o::ice sta:: to order citiMens to come doFn to the :iling o::ice Fithin !
hours and .ersonallA ser;e themsel;es some notice o: some summarA e;iction hearing that is set to
ta?e .lace entirelA too soon under anA reasonaCle reading o: the statute, etc., etc....
'. Coughlin Fas not a::orded anA legitimate o..ortunitA remo;e all o: his .ersonal .ro.ertA
:rom the .remises, and 1ill is tirelesslA see?ing to a..lA some unlaF:ul rent distraint and get out o:
com.lAing Fith the laF related to securitA de.oists CA trum.ing u. some allegations that D a
suCstantial amount o: cleanu. remains to Ce done.D 1ill goes on to ma?e more allegations :or Fhich
he lac?s .roo::D Coughlin also :ailed to com.lA Fith the courtBs order that anA .erson accom.anAing
him to the .ro.ertA must sign the liaCilitA Fai;er attached to the courtBs order.D 7hat ma?es Aou
Celie;e such signatures Fere not gathered $ichardJ Did the 2$der saA theA had to Ce deli;er to <r.
1illJ No, it dint.
. Both on (hursdaA and +ridaA, DecemCer !!)!3, !', counsel :or <erliss .ur.ose:ullA
:ailed remo;e the .adloc? to the Cac? gate o: the .ro.ertA Ea .adloc? Fhich Fas onlA .laced on the
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gate the daA Ce:ore Coughlin Fas to Ce alloFed access to the .ro.ertA, a .adloc? Fhich Fas not their
on that gate :or the .receeding * some odd Fee?s that the .ro.ertA Fent unsecured, unFatched,
unli;ed in, Cut :or Fhich it did ha;e the Cright neon sign o: Ceing Coarded u. that screamed to the
nearCA residents o: the 5a?emill 5odge DheA, come and Crea? into me and steal the .ossessions inside
that Aou can see through the FindoFs, Fhich are not oCscured CA shades or anAthign, see that *! inch
1D(VJ (a?e it. (he guitars and monitors and audio equi.ment and %% ?eA hammer Feighted action
?eACoardJ (a?e itOD . 1ill onlA shoFed u. to remo;e the .adloc? des.ite numerous requests
;erCallA, tele.honicallA, and in Friting .ersonallA hand deli;ered to his o::ice E:or Fhich a stam. o:
Drecei;edD Fas oCtained CA 1illBs cler?> Fith aCout hour to go on the access to the .ro.ertA
hourglass.
!. 7hile 1ill alleges that D7hile at the .ro.ertA to remo;e the .adloc?, Coughlin, on more
than one occasion, screamed .ro:anities at <erlissB counsel, and, at one .oint, charged <r. 1ill and
attem.ted to .hAsicallA intimidate him. /t least the audio o: this incident Fas ca.tured on ta.eD 1ill
and Ba?er, Fho had a ;ideo camera, curiouslA did not manage to get that on ta.e. Not did theA
manage to ma?e a ta.e o: the Dins.ectionD theA com.lained o: on 2ctoCer 4th, !'. Nor did theA
manage to, des.ite ;ideoing nearlA e;erAthing else on No;emCer 3th, !' get anA :ootage o:
anAone, $-D, <erliss, 1ill anACodA, announcing Fho theA Fere to Coughlin or as?ing Coughlin to
lea;e the .remises .rior to shutting the .oFer o:: to the Casement and assaulting Coughlin, then
e::ectuating a Frong:ul arrest o: Coughlin, attem.ting to steal CoughlinBs three Aear old -e?ingnese
dog., etc., etc...
3. 1ill Fas Kust :lat out lAing li?e a Feasel in his 2..osition Fhen he Frote that:
DNe;ertheless, at &:'' ..m. on +ridaA, DecemCer !3,!', counsel granted Coughlin and his agents
additional, un:ettered, and unlimited access to the outside o: the .ro.ertA to remo;e anA remaining
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items. (he onlA condition .laced on that access Fas that CoughlinBs hel.ers agreed to re.lace the gate
on its hinges as Cest theA could. Coughlin and his agents :ailed to remo;e the remainder o: CoughinBs
.ro.ertA :rom the Aard that night, and :ailed to .ut the gate Cac? on the hinges.D 0ndeed, 1ill
glee:ullA stated to Coughlin that he Fould Ce there as the .ro.ertA at &.m, re:used to alloF anA
additional access and actuallA too? .ro.ertA o: CoughlinBs o:: the sideFal? and remo;ed it to Cac?
Cehind the gates o: the .ro.ertA, Fhich, some might saA constitutes larcenA on 1illBs .art.
4. 2n a..ro,imatelA DecemCer !%, !' Coughlin Fas :orced to mo;e again, as the
managers o: the "il;er Dollar <otor 5odge Fhere Coughlin Fas .aAing @*'' a month in rent :or the
.ri;ilege o: ha;ing his :eet stic? to the Clac? mold groFing on the :loorGcar.et, and ha;ing the
managers in:orm him in a hostile manner that theA could Denter his room anAtime theA :elt li?e itD
and a:ter the managers .roduced some DattachmentD to a contact in:ormation .age that theA ne;er
.resented to Coughlin that sought to claim all sort o: unconscionaCle rights oFing to them, and a:ter
see?ing to ;erCallA and .hAsicallA threaten Coughlin Ein addition to threaten to ma?e :alse accusation
against Coughlin designed to de:ame CoughlinBs .ro:essional re.utation in retalitation :or Coughlin
hand deli;erA a haCitaCilitA notice on DecemCer 7th, !' u.on the "il;er Dollar <otor 5odge
related to the moldA car.et....> Ne;adaBs landlordBs ha;e Ceen sent a .rettA clear message CA the
courtBs: Do Fhate;er the hell Aa :eel li?e CoAs, is o?aAJ 7hereu.on Couglin :ound a rental on
Craiglist...sadlA that did result in Couglin Ceing chase u. stairs CA the landlord Fith a Cutcher ?ni:e,
CoughlinBs tires on his ;ehicle Ceing slashed, Coughlin ha;ing the loc?s to his rental changed at am
on NeF 6ears DaA, etc., etc. in retaliation :or Couglin :ailing to agree to additional charges CeAond
those Cargained :or and meeting Fith o::er and acce.tance on DecemCer !%, !'. CuriouslA,
des.ite all the domestic ;iolence committed u.on Coughlin CA his DroomatesGlandlordsD, the $-D did
not see :it to ma?e a custodial arrest li?e that made on Coughlin on No;emCer 3, !'. 1ill
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attem.ts to .aint the court in cloFn ma?eu. so more, Friting D2n DecemCer !%, !', <r. 1ill sent
an email to Coughlin, o::ering him another o..ortunitA to :inish retrie;ing his Celongings :rom the
-ro.ertA. / true and correct co.A o: that email is attached hereto as EL10B0( &. Coughlin did not
acce.t <r. 1illBs o::er, or res.ond in anA FaA to that email.D 4m, Fhat do Aou call all the emails
attached in E,hiCit ! <r. 1illJ $egardless, much li?e their .er:ormance at the DecemCer !', !'
hearing, unattended CA their neurosurgeon client, 10ll and Ba?er, in those emails, mainlA sought to
curtail their oFn liaCilitA Fith res.ect to the Frong:ul e;iction action Coughlin has .re;iouslA sought
to :ile in the 7DC and Fhich he :ullA intends to :ile once he can .aA the :iling :ee. 0n the !G!% and
!G!9 email 1ill mainlA see?s to get Coughlin to Fai;e the rights he has to the securitA de.osit o:
some @7'' under the 5ease /greement and the a..ro,imatelA @,''' statutorA .enaltA no oFing
considering 1ill and Ba?erBs :ailure to account :or in Friting Fithin 3' daAs the state o: the securitA
de.osit or otherFise return it.
&. 2n DecemCer !9, !', the 1ill allegedlA re)sent <r. 1illBs email to Coughlin. / true and
correct co.A o: the undersignedBs email.
*. 2n DecemCer 3', !', a:ter ha;ing Kust CarelA sent it to someone Fho had .re;iouslA
indicate to 1ill in Friting that he did not consent to email ser;ice o: anAthing, <r. 1ill re;o?ed the
o::er e,tended in his DecemCer !%, !' email.
7. /lso .roClematic :or <erliss is -aragra.h 3 o: the 5ease /greement Esee E,hiCit >,
Fhich holds that: D3. 4(050(0E": $esident agrees to .aA :or the :olloFing utilities: 9as ,
ElectricitA , 2ilPPP, 5ight ,, 1eat ,, EnergA ,, 2therPPPPP, $esidentBs res.onsiCilitA :or these Cegins
at the commencement o: this agreement. "ee attached trans:er o: account /ddendum Enote: there isG
Fas no such (rans:er o: /ccount /ddendum attached to the 5ease /greement>. Ui+iies n)
(&'&,+e ,' $e Residen -i++ ,e (&id ,' $e M&n&/e%en.0 <erlissBs counsel clearlA s.ent a lot o:
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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other .eo.leBs moneA and time at the hearings in $eno 3ustice Court in this matter estaClishing that
<erliss had a D"tanding 2rderD Fith NV EnergA Fhich resulted in the electric Cill re;erting to
<erlissBs name u.on 4lloa mo;ing out. (his created a situation that Cene:ited <erliss E0t enaCle him
the D.oFer and controlD so o:ten sought CA domestic Catterers to turn o:: the electricitA to CoughlinBs
commercial lease .ro.ertA Kust hours Ce:ore a Cad :aith Dins.ectionD CA Ba?er and the ;ideogra.her
he ?e.t in toF and a daA Ce:ore CoughlinBs (enantBs /nsFer or /::ida;it Fas due>, Cut it also cut
against his interests, as clearlA, Fith the NV EnergA Cill in <erlissBs name, comCined Fith the :act
that <erliss ne;er attached a (rans:er o: $es.onsiCilitA /ddendum to the 5ease /greement, in
conKunction Fith the strict .ri;acA laFs NV EnergA :olloFs, resulted in a situation Fhere the utilities
Fere Dnot .aAaCle CA the $esidentD and there:ore those utilities, under the 5ease /greement that
<erliss Fas .ro;ided as a :ull groFn man, a learned doctor, in :act, and :reelA aCle to sign or not sign
a:ter re;ieFing Fith his aCilitA to read and discern, D-i++ ,e (&id ,' $e M&n&/e%en....0 7hether
that means Dic?son $ealtA, Darlene "har.e, or <erliss himsel: must .aA those utilities is a matter :or
another daA, Cut clearlA, Coughlin is not liaCle :or them.
%. -aragra.h !% o: the 5ease /greement is .articularlA Cad :or <erliss, es.eciallA Fhere his
5andsca.ing CreF, 9reen /ction 5aF "er;ice, Fhich can clearlA Ce seen in ;ideos included in the
record on a..eal in this matter and :urnished CA Coughlin admitting to Ceing controlled CA Darlene
"har.e and <erliss, citing to "har.eBs distaste :or CoughlinBs outdoor car.et, etc., etc. D!%.
50/B050(6: management shall not Ce liaCle :or anA damage or inKurA to $esident or anA other
.erson or to anA .ro.ertA occurring on the .remises or anA .art thereo:, or in common areas thereo:,
"n+ess s"*$ +i&,i+i' is ,&sed )n $e ne/+i/en &*s )# )%issi)n )! %&n&/e%en, $is &/en, )#
e%(+)'ee, ," Residen -i++ n) &/#ee ) $)+d %&n&/e%en $&#%+ess !#)% &n' *+&i%s !)#
d&%&/es i! *&"sed ,' $e ne/+i/en &*s )# )%issi)ns )! $e Residen )# $is /"ess.D
&G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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9. +urther, -aragra.h 3' o: the 5ease /greement Fas ;iolated in that (enant Fas a::orded
no ins.ection in the $esidentBs .resence u.on termination o: the tenancA: D3'. (EN/NC6
(E$<0N/(02N:... $esident shall alloF <anagement ) ins(e* $e (#e%ises in $e Residen's
(#esen*e ) 1e#i!' $e *)ndii)n )! (#e%ises &nd *)nens.D
!'. +urther, -aragra.h 3! o: the 5ease /greement .ro;ides that <erliss isGFas to .ro;ide
$enterBs 0nsurance :or the (enantBs -ro.ertA, and <erliss :urther made mention o: this in an /ugust
!' email to Coughlin, Fherein he mentioned querAing his insurance com.anA Fith res.ect to the
damage cause CA 9reen /ction 5aFn "er;ice to Coughlin and CoughlinBs .ro.ertA.
!. /nA Fea? im.lication CA <erliss that he did not read or understand this 5ease
/greement, des.ite Ceing a neurosurgeon, is :urther undermined CA -aragra.h 33 o: the 5ease
/greement: D33. C2N($/C(: (he aCo;e agreement is acce.ted and agreed to, KointlA and
se;erallA. (he undersigned ha;e read the aCo;e contract and understand and agree to all the
.ro;isions thereo: and :urther ac?noFledge that theA ha;e recei;ed a co.A o: said contract.D
!!. +urther, contrarA to Ba?er and 1illBs machinations on <erlissBs Cehal:, the 5ease
/greement did not D.oo:D and terminate u.on the e,i.iration o: ! months :rom the enterA into it,
rather -aragra.h 3 o: the 5ease /greement holds that: D3. 125D2VE$: 4nder Ne;ada laF this
$ental /greement and anA changes .ro.erlA agreed to -i++ #e%&in in e!!e* on a monthlA Casis a:ter
the initial term...D
!3. 2n +ridaA, DecemCer !3rd, in addition to se;eral .hone calls Ceing made to the 5aF
2::ice o: $ichard 9. 1ill, Esq. Fherein the .roClems associated Fith and oCKections to 1ill and
<erlissBs continued .ractice, e;en during the 4 hours allotted :or remo;ing CoughlinBs .ersonal
.ro.ertA, o: ?ee.ing the Cac? Aard :ence loc?ed u. Fith a .adloc? and metal chain, in addition to
?ee.ing the entire Cac? entrance to the house and .orch com.letelA Coarded u.. CuriouslA, the same
*G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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contractor Fho charged some @,'*' :or Coarding u. the .ro.ertA and D:i,ing a lea? in the CasementD
:or the recei.t :or Fhich 1ill re.resented to the Court Fas :or the DreasonaCle storage, mo;ing, and
in;entorAingD costs contem.lated CA N$" %/.4%', managed to Coard u. the .ro.ertA Fith onlA
.lAFood and "C$E7" 0N(2 (1E -56722D 2N (1E 24("0DE 2+ (1E -$2-E$(6, (1/(
0", 71E$E /N62NE 70(1 (1E $091( -27E$ D$055 C245D 4N"C$E7 (1E<
$/(1E$ E/"056, Fhile also, in this outrageous o;ercharged :or DsecuringD the .ro.ertA)Fhich
arguaClA does not come Fithin the .ur;ieF o: DreasonaCle storage, mo;ing, and in;entorAing
e,.ensesD, es.eciallA Fhere the D:ull rental ;alueD Ceing charged :or DstorageD Fas some @9'' .er
month, Fhich should .roCaClA entitle one to an armed guard on dutA at least % hours a daA, Cut should
at least include ta?ing the FindoF unit air conditioner held in CA nothing Cut duct ta.e and lac?ing a
Crac? CetFeen the to. o: the FindoF sill and the unit, out o: the FindoF and loc?ing the FindoF,
and ho.e:ullA, lea;ing at least a tinA night light on....
LA2
. $e:erence is made to N$C- *&EC>, Fhich .ro;ides in .ertinent .art as:
/ tem.orarA restraining order maA Ce granted Fithout Fritten or oral notice
to the ad;erse .artA or that .artABs attorneA onlA i: E> it clearlA a..ears :rom
s.eci:ic :acts shoFn CA a::ida;it or CA the ;eri:ied com.laint that immediate
and irre.araCle inKurA loss, or damage Fill result to the a..licant Ce:ore the
ad;erse .artA or that .artABs attorneA can Ce heard in o..osition, and E!> the
a..licantBs attorneA certi:ies to the court in Friting the e::orts, i: anA, Fhich
ha;e Ceen made to gi;e the notice and the reasons su..orting the claim that
notice should not. Ce required.
N$C- *&EC>
!. $e:erence is made to N$C- *&Ec>, Fhich .ro;ides in .ertinent .art as :olloFs:
No restraining order or .reliminarA inKunction shall issue e,ce.t u.on the
gi;ing o: securitA CA the a..licant, in such sum as the court deems
.ro.er, :or the .aAment o: such costs and damages as maA Ce incurred or
su::ered CA anA .artA Fho is :ound to ha;e Ceen Frong:ullA enKoined or
restrained. N$C- *&Ec> !. $e:erence is made to N$" 33.'', Fhich
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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.ro;ides in :ull as :olloFs: /n inKunction maA Ce granted in the :olloFing
cases: . 7hen it shall a..ear CA the com.laint that the .lainti:: is
entitled to the relie: demanded, and such relie: or anA .art thereo:
consists in restraining the commission or continuance o: the act
com.lained o:, either :or a limited .eriod or .er.etuallA. !. 7hen it shall
a..ear CA the com.laint or a::ida;it that the commission or continuance
o: some act, during the litigation, Fould .roduce great or irre.araCle
inKurA to the .lainti::. 3. 7hen it shall a..ear, during the litigation, that
the de:endant is doing or threatens, or is aCout to do, or is .Brocuring or
su::ering to Ce done, some act in ;iolation o: the .laint0::s rights
res.ecting the suCKect o: the action, and tending to render the Kudgment
ine::ectual.
N$" 33.''.
ANALYSIS
Based on the ca.tion o: <r. CoughlinBs :iling Fith the court, it a..ears that he is as?ing the
court to tem.orarilA restrain <erliss :rom dis.osing o: the .ersonal .ro.ertA <r. Coughlin
aCandoned and le:t at the -ro.ertA. 1oFe;er, <r. CoughlinBs .a.er :ails to .ro;ide anA analAsis or
e;identiarA Casis :or that request, and is :atallA de:icient :or a numCer o: reasons.
<r. Coughlin ma?es no citation to anA authoritA, nor does he .ro;ide anA analAsis, that Fould
e;en remotelA su..ort the issuance o: a tem.orarA restraining order or .reliminarA inKunction. 0n 3*
.ages o: ramCling, <r. Coughlin, a licensed Ne;ada attorneA, does not manage to e;en mention,
much less analAMe, N$C- *& or N$" 33.'', Fhich are the controlling .ro;isions o: laF. (he court
is le:t to s.eculate as to the Casis :or <r. CoughlinBs request. 0n :act, there is no Casis.
A. C)"/$+in's Re3"es !)# & Te%()#&#' Res#&inin/ O#de# is P#)*ed"#&++' &nd S",s&ni1e+'
J"s Fine
(hus, there is e;idence to su..ort an e,ercise o: discretion CA this court. +urther, Coughlin
certainlA can e,.lain hoF he Fill su::er irre.araCle inKurA in the e;ent <erliss is alloFed to com.lA
Fith 3udge ":erraMMaBs order and dis.ose o: the .ro.ertA Coughlin chose to aCandon at the house as
manA irre.laceaCle ?ee.sa?es, heirlooms, and one o: a ?ind items remain there, in addition to items
%G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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that are unique and e,.ensi;e. 0n :act, Coughlin Fill su::er irre.araCle inKurA, Cecause moneA
damages are unquestionaClA an inadequate remedA :or anA loss o: .ersonal .ro.ertA he maA su::er.
(o $ichard 1ill, moneA is the onlA thing Forth anAthing, Cut that is not the case to the undersigned.
(he undersigned Fants to e,traordinarilA sentimental caricature draFing o: himsel: and <s. 4lloa.
(hroughout counselBs dealings Fith Ba?er and 1ill, theA consistentlA re:use to :olloFs 2rders o: the
Court Esuch as :or 1ill to lea;e and staA out o: the court room at the DecemCer !'th, !' 1earing on
<otion to Contest -ersonal -ro.ertA 5ien Fhere 1ill Fas to Ce a Fitness, instead 1ill continuallA
reentered the court room, and e;en crossed the Car to .ass little .ost it notes to his associate, CaseA
Ba?er, Fith this or that instruction to Ba?er Fritten thereon. Coughlin is not entitled to anA relie:
under N$C- *& Cecause he has an adequate legal remedA. /nd e;en i: he did not, his unclean hands
and inequitaCle conduct should .reclude him :rom anA relie: :rom this court at this time.
Coughlin has .aid, and the $3C still has, the @!&' Cond Coughlin .ut u. Fith the $3C and
notice 1ill o:, des.ite 1illBs lies to the contrarA. 3udge ":erraMMaBs order is ho.elesslA out o: touch
Fith storage costs and the communitA that .aAs him so much moneA to the e,tent it suggest the
reasonaCle costs o: storage at the -ro.ertA is @3'.'' .er daA. (hats a room at the "ands :or
chrisBsa?es, not a storage shed. 1ill and Ba?er again see? to get attorneABs :ees in a landlord tenant
action Ethe record re;eals numerous ridiculous attem.ts on their .art at doign so> Fhere there is no
Casis in the laF :or doing so.
4. C)"/$+in H&s S$)-n An' 4&sis !)# An In5"n*i)n ) Iss"e
(he issuance o: an inKunction is controlled CA N$" 33.'', Cut one must rememCer N$"
4'.3%& as Fell, and Coughlin did .led in the alternti;e. Coughlin declares the :actual assertions made
herein are made under .enatlA o: .erKurA and suCmits this declaration in lieu o: an a::ida;it, Fhich
rich .eo.le li?e $ichard 10ll can ha;e their in house notarA do :or them, Cut to me, is an undulA
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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Curdensome litigation e,.ense, .articularlA i: 0 am at the same time e,.osed to N$C- , Aet cannot
get attorneABs :ees as a .ro se attorneA litigant. (hat statute maACe requires that there Ce a com.laint
or an a::ida;it on :ile, and some shoFing o: great or irre.araCle harm, or a ;iolation o: the mo;ing
.artABs rights. Fhat is so e,traordinarA aCout the relie: requestJ 1ill saAs there is tons o: clean u.. 0
saF 0 Fant all the .ro.ertA at the .ro.ertA and Fould lo;e the chance to return the .ro.ertA to as
good or Cetter sha.e than 0 le:t is, the lease agreeement alloFs :or the resident to clean to car.et, etc.
;ia a method o: his oFn choossing, etc. etc ... 0 thin? <erliss Kust Fants mA e,.ensi;e collection o:
im.orted .orceline and natural stone tile Esee the mosaic design in .ictures on :ile in this matter>
instead o: the draC chea. linoleum he .ut in...hoFe;er, the tile Fas ne;er mortared doFn or
otherFise a::i,ed to the .ro.ertA, there:ore, its mine. (here is at least a..ro,. @!8 o: tile there...
/s discussed aCo;e, Coughlin has ;eri:ied this and the .receding motion and suCmitted this,
.led in the alternti;e as a delcaration in lieu o: the a::ida;it requirement, to sa;e on notarA costs. 0:
Coughlin has to rent a room o:: o: Craigslist :rom .eo.le to ?ill him i: he doesnBt cough u. more
dough :or this or that a:ter he mo;es in, then he has demonstrated a :inancial need to Fai;e the
,.ensi;e notarA reqs.. +urther, there can Ce no irre.araCle harm Fhere moneA damages are an
adequate remedA, Cut here theA arenBt.
C. C)"/$+in is S) Eni+ed ) A S&'
+rom: CaseA Ba?er EcdCa?erQrichardhillaF.com>
"ent: 7ed !G4G :& -<
(o: MachcoughlinQhotmail.com
Cc: B$ichard 1illB ErhillQrichardhillaF.com>
!'G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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2n DecemCer 4th, !', o..osing counsel Ba?er Frote the undersigned re.orting the
CurglarA o: CoughlinBs laF o::ice .ro.ertA: D<r. Coughlin: (he $i;er $oc? .ro.ertA has Ceen
Cro?en into. 7e Celie;e the Crea?)in occurred sometime on <ondaA, DecemCer !, !'. (here
a..ear to Ce items missing, including the (V in the li;ing room, .erha.s a com.uter monitor, and
.erha.s some stereo equi.ment. 0 canRt tell Fhat else. (he contents o: the residence a..ear to ha;e
Ceen ri:led through.D "omehoF, and 0 could not Cegin to ?noF hoF, the $eno 3ustice Court :ound it
reasonaCle to not onlA charge Coughlin @4%' :or DstorageD :ees :or a Fho..ing * daAs Edes.ite the
:act that Coughlin .ut on e;idence o: numerous Fritings and .hone calls, that Fent unres.onded to
CA either 1ill or Ba?er, Fith res.ect to CoughlinBs .ersonal .ro.ertA>, Cut to do so e;en Fhere, old
CaseA Ba?er Kust FasnBt e;en quite sure Fhat theA hell had Ceen stolen o: CoughlinBs .ro.ertA and
Kust Fhat it Fas that still remained. 4nCelie;aCle.
D. C)"/$+in As6s !)# E7#&)#din&#' E3"i&,+e Re+ie!, And H&s S"**eeded ) Mii/&e
His D&%&/es )# O$e#-ise 4e$&1e E3"i&,+'
-aragra.h ! o: the 5ease /greement, Fhich is aCout all 1ill clings to, reallA onlA manages to
shoF e,actlA FhA this case, and com.le, issues o: contract contructuion and intent Emuch less the
:iner .oints o: discrimination> reallA do not lend themsel;es at all Fell to "ummarA 3udgment, Fhich
is the standard a..lied to "ummarA E;iction -roceedings, that .aragra.h states that DD!. (E$<":
<anagement does hereCA rent to (enants and (enant hereCA rents :rom management :or residential
.ur.oses onlA those certain .remises descriCed at: ! $i;er $oc? "t., $eno, NV %9&'3, located at:
! $i;er $oc? "t., $eno, NV %9&'3 :or a .eriod o: not less than ! months tenancA,...D NoF, the
undersigned reads that and thin?s it is saAing that the onlA .ro.ertA Ceing rented is that .ro.ertA
located at that address, Fhereas <erliss Fants to argue that that sentence o: the 5ease /greement
creates some construction o: the 5ease Fherein it is onlA :or residential .ur.oses Edes.ite the
e,.ressing disa;oFal o: such an inter.retation at se;eral other .oints in the same ;erA 5ease
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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/greement>. /lso, <r. 1ill is curiouslA silent Fith res.ect to the 5ease /greement Eattached herein
as E,hiCit >, Fhich, at -aragra.h ', clearlA states: DResiden !"#$e# %&' "se $e (#e%ises !)#
&n' *)%%e#*i&+ ene#(#ise, ," n) !)# &n' ("#()se -$i*$ "n+&-!"+.D 5i?eFise, the 5ease
/greement in this matters, at -aragra.h holds: D2CC4-/NC6: 2ccu.ancA o: the .remises is
limited to ! adults...and shall Ce used :or a residence &nd !)# )$e# ("#()ses.D EEm.hasis added>.
C
CONCLUSION
CoughlinBs motion is .rocedurallA and suCstanti;elA Kust :ine in all res.ects. 1e has indeed
satis:ied the threshold requirements o: N$" 4'.3%&, and N$C- *& and N$" 33.''. 1e has shoFn
the court solid legal amd :actual Casis :or the relie: he .ur.orts to see?, and, in :act, does address the
merits o: his motion . CoughlinBs res.ect:ullAs as?s this most honoraCle Court to grant his <otion
and or $equest..

D/(ED this &th daA o: 3anuarA, !'!.
AFFIRMATION P"#s"&n ) NRS 89:4.;9;
(he undersigned does hereCA a::irm that the .receding document does not contain
the social securitA numCer o: anA .erson.
PGsG Zach Coughlin
Zach Coughlin
/..ellant
!!G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
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-$22+ 2+ "E$V0CE
0, Zach Coughlin, declare:
2n 3anuarA &, !'!, 0, <r. Zach Coughlin ser;ed the :oregoing REPLY TO OPPOSITION
TO AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR
OR, IN THE ALTERNATIVE; MOTION FOR STAY CA :iling and ser;ing electronicallA on
registered E)+ilers:
$ichard 9. 1ill, Esq.
CaseA D. Ba?er, Esq.
*&! +orest "treet
$eno, NV %9&'9
/ttorneAs :or <attheF <erliss
GsG Zach Coughlin
Zach Coughlin
/..ellant
!3G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
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INDE< TO E<H4ITS
. Commercial 5ease /greement CetFeen Zach Coughlin and <att <erliss, in more readaCle
2C$ scanned :ormat and original re.roduction as Fell, Cac? to Cac?= eights E%> .ages.
!. Collection o: emails to and :rom Zach Coughlin, Esq. and $ichard 1ill, Esq. and CaseA
Ba?er, Esq. Eo..osing counsel re.resenting <att <erliss> dis.ro;ing 1illBs s.urious
allegations= :ortA three E&%> .ages.
!4G!4 $E-56 (2 2--2"0(02N (2 /<ENDED E<E$9ENC6 <2(02N +2$ (E<-2$/$6 $E"($/0N0N9
(1E /5(E$N/(0VE= <2(02N +2$ "(/6
EXHIBIT 1
F I L E D
Electronically
01-05-2012:11:00:17 PM
Clerk of the Court
STANDARD RENTAL AGREEMENT
Meadowood West
This AGREEMENT entered into on the 20
th
day of February, 200 between hereinafter referred to Mana!e"ent, and Me#issa $##oa and %a&h 'ou!h#in, hereinafter
referred to as Tenant, whi&h (arties hereby a!ree to as fo##ows)
1. SUMMARY of initia# rents &har!es and de(osits
RE'E*+ED AND ,A-A.LE ,R*/R T/ /''$,AN-)
Tota# rent for the (eriod of Mar&h , 200 to February 20, 20) 1200300
Last "onths rent) b#an4
'#eanin! fee) 1200300
Se&urity De(osit) 5see Se&tion 67 1800300
9ey and Re:4ey De(osit) b#an4
/ther) b#an4
Tota#) 1,600
2. TERMS: Mana!e"ent does hereby rent to Tenants and Tenant hereby rents fro" "ana!e"ent for residentia# (ur(oses on#y those &ertain (re"ises des&ribed at) 2
Ri;er Ro&4 St3, Reno, N+ 0280<, #o&ated at) 2 Ri;er Ro&4 St3, Reno, N+ 0280< for a (eriod of not #ess than 2 "onths tenan&y, &o""en&in! on the
st
day of Mar&h, 200 for
a tota# a"ount of 10,000300 at a "onth#y rate of 1200 (ayab#e in ad;an&e on the st day of ea&h and e;ery "onth3 ,ay"ents wi## be a&&e(ted at =2 Rid!e Ri" Road, 'hi&o,
'A 28220, durin! nor"a# business hours un#ess otherwise a!ree to3 Ma4e a## &he&4s (ayab#e to Matthew Mer#iss 5Mer#iss initia#ed here7 and PLEASE MAIL3
3. HOLDOVER: $nder Ne;ada #aw this Renta# A!ree"ent and any &han!es (ro(er#y a!reed to wi## re"ain in effe&t on a "onth#y basis after the initia# ter"3 A <0 day
written noti&e to ;a&ate "ust be issued by the Resident (rior to ;a&atin! anyti"e durin! or after the initia# ter" of this a!ree"ent3 *f i"(ro(er noti&e or no noti&e to ;a&ate is
!i;en by Resident, Resident is #iab#e for (rorated rent unti# #awfu# ter"ination and Mana!e"ent "ay dedu&t this fro" the Se&urity De(osit on hand, or &o##e&t any "oney due by
other #awfu# "eans3
4. CLEANING: $(on ;a&atin! Tenant, at Tenant>s e?(ense, sha## ha;e the &ar(et &#eaned3 Tenant wi## ;a&ate ho"e in the sa"e &ondition or better than when initia##y
o&&u(ied3 This in&#udes, but is not #i"ited to, the interior, the e?terior, a## &o;erin!s , wa##s, &ei#in!s, windows, baseboards, window &o;erin!s, a((#ian&es, fi?tures, dri;eways,
(ar4in! areas, et&3
5. SECURITY DEPOSIT: T@E SE'$R*T- DE,/S*T @ELD .- T@E /WNER, W*LL SE'$RE T@E ,ERF/RMAN'E /N TENANT>S /.L*GAT*/NS3 /WNER
S@ALL A,,L- ALL ,/RT*/NS /F SA*D DE,/S*T /N A''/$NT /F TENANT>S /.L*GAT*/NS3 AN- .ALAN'E REMA*N*NG $,/N TERM*NAT*/N W*LL .E
RET$RNED T/ TENANT3
6. KEY & RE-KEY DEPOSIT: AAA nBa The abo;e state 9ey and re:4ey De(osit sha## be refunded in a&&ordan&e with #aw if a## 4eys &onsistin! of AAA door 4ey5s7,
AAAA "ai# bo? 4ey5s7, AAA #aundry roo" 4ey5s7, AAA (oo#s and tennis &ourt 4ey5s7, AAA other 4ey5s7 AAA are returned the day (re"ises are ;a&ated3
7. COLLECTION: *f Resident owes "ore "oney than has been he#d in his a&&ount the Mana!e"ent after issuin! a (ro(er ite"iCed state"ent notin! a"ount owed "ay
(ursue as his o(tion any #e!a# "eans of &o##e&tion3
. RENT PAYMENTS: Rent (ay"ents are #e!a##y the res(onsibi#ity of the Resident without noti&e or de"and and "ay be a&ted u(on anyti"e after the due date stated
abo;e3 ,ay"ents of rent before the due date wi## be !#ad#y a&&e(ted with a D dis&ount 5if a!reed to by the Mana!e"ent and initiated by sa"e AAAAAAAAAAA73
!. PENALITIES: Rent (ay"ents "ade after the 8
th
day of the "onth wi## be subEe&t to a (ena#ty of 18300 (#us 1<300 (er day3 Resident sha## (ay at a dai#y rate of 1nBa for
ea&h (artia# (ay"ent of rent3 Resident sha## (ay 180300 for any dishonored ban4 &he&4 "ade to "ana!e"ent3 A&&e(tan&e of a &he&4 in no way !rants the resident &redit shou#d
there by insuffi&ient funds in the a&&ount3
1". SU#LEASING: Resident "ay not assi!n, sub#et, or transfer his interest, no any (art thereof without (rior written &onsent of "ana!e"ent, whi&h wi## not be
unreasonab#y withhe#d3 Resident further "ay use the (re"ises for any &o""er&ia# enter(rise, but not for any (ur(ose whi&h un#awfu#3
11. OCCUPANCY: /&&u(an&y of the (re"ises is #i"ited to 2 adu#ts 2 'hi#dren, and sha## be used for a residen&e and for other (ur(oses3 Resident does not a!ree to (ay
1AAAA (er day for ea&h !uest re"ainin! on the (re"ises for "ore than AAAAAdays3
12. MULTIPLE OCCUPANCY: *t is e?(ress#y understood that this a!ree"ent is between the owner and ea&h si!natory Eoint#y3 Ea&h si!natory wi## be res(onsib#e for
ti"e#y (ay"ent of rent and (erfor"an&e of a## other (ro;isions of this A!ree"ent3
,AGE of <
si!ned by Mer#iss 2:F:0, not si!ned or initia#ed by either $##oa or 'ou!h#in
13. UTILITIES: Resident agrees to pay for the following utilities: Gas x Electricity x Oil___, Light x, Heat x, Energy x, Other_____, Resident's
responsibility for these begins at the coenceent of this agreeent! "ee attached transfer of account #ddendu $note: there is%was no such &ransfer of
#ccount #ddendu attached to the Lease #greeent'! (tilities not payable by the Resident will be paid by the )anageent!
14 PETS: Resident agrees that an anial, bird, pet or of any *ind ay be *ept in, on or about the preises by the Resident or his Guests without prior
separate agreeent signed by )anageent!
15. WATERBEDS, ETC.: Resident shall not *eep in or about said preises waterbeds, boats, caper, trailers, obile hoes or on+operati,e ,ehicles
without separate written agreeent signed by )anageent!
16. ALTERATIONS: Resident shall a*e no alterations or do any painting to the property without )anageents appro,al and all alterations shall reain!
17. BREACH OF CONTRACT: -ailure of Resident to pay rent or other charges proptly when due or to coply with any other ters or conditions hereto
or to coply with any applicable pro,isions of the law of the "tate of .e,ada, shall at the option of the )anageent epower the to terinate this tenancy
upon gi,ing proper notice as set forth in the Residential Landlord and &enant act contained in the .e,ada Re,ised "tatues!
18. WAIVER OF TERMS: #ny failure by )anageent after any default shall not be construed to wai,e any right of anageent / #ffect any notice or
legal action theretofore gi,en or coend!
19 WAIVER OF RIHTS OR OBLIATIONS: .othing contained in this agreeent shall be construed as wai,ing any of the Resident' s or anagent's
right or obligations under the laws of the "tate of .e,ada!
!" TERMINATION: &his #greeent and the tenancy hereby granted ay be terinated by either party within 01 days of the defined terination date
$refer to 2aragraph 3', or any tie thereafter by gi,ing the other party not less than thirty $01'day prior notice in writing or as otherwise allowed by the laws of
the "tate of .e,ada $Refer to 2aragraph 4 and 5 for onetary liabilities'!
!1 OWNER: &he principal or corporate owner$s' of the lease preises is $are': )atthew )erliss! $note: )erliss initialed here'
!! MAINTENANCE, REPAIRS, OR ALTERATIONS: &enant ac*nowledges that they preises are in good order and repair, unless otherwise indicated!
&enant will as his%her own expense, aintain the preises in a clean sanitary anner including all e6uipent, appliances, so*e detectors, plubing, heating
and air conditioning and will surrender the sae at terination in as good condition as recei,ed noral wear and tear excepted! &enant will not paint paper or
otherwise redecorate or a*e alterations to the preises without the prior written consent of the Owner! #ll three prong outlets shall coply with all applicable
codes with respect to electrical grounding! &enant will irrigate and aintain any surrounding grounds, including laws and shrubbery, if they are for the tenant's
exclusi,e use! &enant will not perit any waste upon the preises or any nuisance or act which ay disturb the 6uiet en7oyent of any tenant in the building!
Owner will be responsible for the cost of any retrofitting re6uired by go,ernental agencies!
!3. DAMAES TO PREMISES: 8f the preise are daaged by tie or through any other cause which renders the preises untenantable, either party
will ha,e the right to terinated this #greeent as the date on which the daage occurs!
9ritten notice of terination will be gi,e to the other party within fifteen $4:' days after occurrence of such daage! "hould such daage or destruction occur
as the result of negligence of &enant, or his%her in,itee, then only the Owner will ha,e the right to terinate! "hould this right be exercised by her Owner or
&enant, the rent in the current onth will be prorated between the parties as of the date the daage occurred! #ny prepaid rent and unused security deposit will
be refunded to &enant! 8f this #greeent is not terinated, then Owner will proptly repair the preises and there will be a proportionate reduction of rent until
the preises are repaired and ready for &enant's occupancy! &he proportionate reduction will be based on the extent which repairs interfere with &enant's
reasonable use of the preises!
!4. POLICIES: Resident agrees to abide by any and all rules and policies including, but not liited to, rules with respect to noise, odors, disposal of
refuse, pets, par*ing and use of coon areas! -urther, Resident does not agree to abide by all aendents and additions to these rules after due notice of any
such aendents or additions! Resident at the tie of execution of this #greeent ac*nowledges that he has notice of all existing rules and regulation pertaining
to the 2reises $Resident initials $note )(%;< handwritten here'!
!5. INSPECTION: Resident agrees to grant anageent the right to enter the preise as all reasonable ties and for all reasonable purposes including
showing to the perspecti,e residents, buyers, loan officers or insurance agents or others with lawful business therein and for east one aintenance inspection
each onth! 8n accordance with .R" re6uireents, )anageents agrees to gi,e Resident twice the twenty $3=' hour notification re6uireent for entry!
!6. AMENITIES: (se of washing achines or other e6uipent, in any, are furnished by anageent for the pleasure and con,enience of Resident and
are to be construed in a anner as as a part of the rent paid by the Resident! &he swiing pool, recreational and other ser,ice facilities, if any, in the preises
are for the use of the Resident only, at the discretion of )anageent! .othing
2#GE 3 O- 0
.O&E: "igned at the botto of the page by )erliss only, dated 3+4=+41
#>>RE"" 434 Ri,er Roc*, Reno, .? @5:10
herein shall be construed to re6uire anageent, during the ter of the #greeent to *eep said swiing pool and other facilities in a condition for use by
Resident, and the tie of anner of use, or the closing, teporarily or peranently of said pool and facilities shall be at the sole discretion of anageent and in
accordance with rules and regulations issued by anageent! #ny breach of said rules and regulations shall constitute a breach hereto!
!7. VEHICLES: #ll ,ehicles operated by resident ust be registered with the anageent! Only ,ehicles aintained and properly license ay be par*ed
in appro,ed areas! (nauthoriAed ,ehicles y be towed by anageent at owners epxense upon on a wee*'s notice! Resident ay par* no ore than 0 ,ehicles
on the preise at any one tie! &here is one designated par*ing spot! Other cars can be par*ed where allowed!
!8. LIABILIT#: anageent shall not be liable for any daage or in7ury to Resident or any other person or to any property occurring on the preises or
any part thereof, or in coon areas thereof, unless such liability is based on the negligent acts or oission of anageent, his agent, or eployee, but Resident
will not agree to hold anageent harless fro any clais for daages if caused by the negligent acts or oissions of the Resident or his guests!
!9. INVENTOR#: # written in,entory of the preise and is contents will be attached for your inspection! 2lease re,iew it carefully and sign both your
copy and the offices copy within two wee*s! Bou will be responsible for conditions of the preises when ,acating in accordance with the attached! $Resident's
initials: )(%;<' ac*nowledge receipt of in,entory by Resident!
3". TENANC# TERMINATION:. (pon terination of the tenancy, the Resident shall surrender and ,acate the preises, including the reo,al of an and
all of the Resident's property! Cefore >eparture, the Resident shall return *eys and personal property listed on the in,entory to the owner in good clean and
sanitary condition, noral wear accepted! Resident shall allow )anageent to inspect the preises in the Resident's presence to ,erify the condition of preises
and contents!
31. TA$ES: 8n accordance with the .e,ada Re,ised "tates, as a resident of rental property, you are entitled to *now what portion of your rent goes for
real estate taxes! &he following is a brea*down for your inforation:
&#D #LLO<#&8O." E4F=!@G O&HER &H#. &#DE" E_____ &O&#L )O.&HLB RE.& E_____
3!. INSURANCE: 8t is agreed that &E.#.& ay obtain RE.&ER" 8."(#.<E #" L#.>LOR>" or his #gent's insurance suppleents co,er of &E.#.&'"
2roperty!
33. CONTRACT: &he abo,e agreeent is accepted and agreed to, 7ointly and se,erally! &he undersigned ha,e read the abo,e contract and understand
and agree to all the pro,isions thereof and further ac*nowledge that they ha,e recei,ed a copy of said contract!
34 NOTE: the abo,e paragraph Heading are for reference only and do not add to or diinish the intended eaning of any paragraph!
35. ADDITIONAL TERMS % CONDITIONS
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Resident "ignatures dated 3%34%41 )elissa (lloa and ;ach <oughlin
Owner signature )att )erliss 3+3=+41
2#GE 0 O- 0
#>>RE"" 434 Ri,er Roc*, Reno, .? @5:10
*n;entory
2 Ri;er Ro&4
Reno, N+ 0280<
Residents Me#issa $##oa and %a&h 'ou!h#in a&4now#ed!e that the fo##owin!
ite"s are a(art of the in;entory at 2 Ri;er Ro&4, RenoG N+ 0280<3
The ite"s wi## not be re"o;ed and stay wi## stay the (ro(erty u(on ;a&atin!
Sta&4 ab#e washer and dryer, refri!erator, !as ran!e o;en, water:heater
furna&e3 b#inds 5window &o;erin!s7 and a## other ite"s that are atta&hed to
wa##s or f#oors or &ei#in!s3
Residents) Me#issa $##oa and %a&h 'ou!h#in a&4now#ed!e this in;entoryH #ist by initia#in! (a!e < ite" 22
Si!ned by Mer#iss 232F30
ANDAllD RENT.ttL AGREEMENT
MeadowoDd WEst
THIS AQRf!EMCNT 1l"!fO 01'1 tnis of bQtw.,en ! to II; _
iJn(J ZII,d lac" C9'\l;!!!.h1il) hOTClinaflar fi'J IW which partl!i:S agree lIS talk.n\'!::
""e"" . - PA,JABLEPRtOa
REt:r:IVI:l.Il TO
I. SUMMARV ofiniliul Renls. C.hilrg.e:; and
Total rent far Ibe period frnm Msch J 2010 10 'FebrulSry ,,0 r I $, ____ -9.:;..;O;;..;:O:...;,osL_
Last J\llontn's Ri.)UL.. ........... .. .......................... ".. ......................... $ ___ .. b. ___
Clog,/1,ingF8f' " .................. , ..... . .............. . . ...... !\ !' __ ...--r10MQ...
Seclirily Ucpc!$iL (see 6) ................. ,............... ....................... s: _ .. _ .J._ $ SOO..o/)_
& .Re--Kr:y ()eroliit ... __.......... " ............ , ................. .. " ........ ,., ..... - S ____ .____ S __
.. ,__ _ :---, ..
1. TERMS: Management doeti ]u:reby mIlt 'fetl:tnl and Tenfmt rents f:-om M:mngcmr:nL far t'(::lidential purpose, only tfl()Se ceMl::Iil't
premlk5 .dcr.cribcd IS ___ A .... 121 Ri\ir Rack. Rc.:go. NV S9S!U aL 1
River Rgd:. Rrmo, . ' ._ __ ., NevEliD. rot 11 period ()'f oc-t Jeli$
U\:ln J2 'CI:f'I!U1(;y. cOmHl61'1tiinK on l:n._ uuy of Mor<.:n. 20.l!1. IOr&l:rotaJ at II monthl}i
QOO.OQ ad'JMC:c r,.n rhe 3./1.ri c\lery mcmh. ''a)o'munl! \\IiJI !:;c j I 19L.BJ.d1t.: ghl'l Rqad..,,ctriw. CA
dur;ng norm 3 I business hall n. uuJess o'.bl:'rwi&o agreed ,C!. M.ke al i rberk' pnyftble to M;aftbtC'R M erUp ___
DJIJ PLEASE MAn .
1 Under Ne\'%lda Jaw hi, Rl!hlal Agl'eenle.At Gdld an)' properly a.s;reed (0 wrrt remain in e:!fecl on a mOCltnby
basi:. after Ihu inniallenn. A 30 du;, wriUcn nolit.:1.: to vucl;li.c mtiliL be Rl.:Sidcnl tn llIl}'umu Dr after Ih= In;itial
teml afmis St:reem(jnr. lfimprnrer or nC' notiec t.O vacate ;6 "Y Resideni ... Resident 1s Ilable fo1 rent
I.Cm\lmmul1, Wld tna:! dC"dl.lc( (rorr: SecuTlry 0e)301011 on hand
l
('It roF!en any due by dLhe:r
4. f:'1.EANING: IJpon v3".ating. Tenant. ill shell! Jta\'o tile (:UJ)et 'TcRllflC wiil VElCIIle in the OOffle
candIdo,. or wlw,'!:O jnitially occupied. Tl1b j(l( /udC'.'l:la but is not limJtcd to. Ihc inti:!: iOt the e!ll:ter-iw-, all fJoor covcrmgs, willis,
wIndows, bBSebcnrds. windl>w cuvtlring:!l, E!.P1lril.l1lcr.:s.. fiXIIll'C8, porkin1-': area.!!" d,e.
S. SJI:;CUHJTV The depusi:.lreltl by lhtt awn"r) will :rC:I::un; tho pcriomumce!lf Tenon. obJ4lations. Owner sl1BlI
iil'r1y illt IlOltiOn9 of daptliiL gn a.c;;;l)Llnl or Tenant \ AllY babm&;C rematnfng ul10n renninltion win be retllB.eQ to Tenant.
6. KEY &. IUi"KEY Dt:I'OSrr' __ I'1/a The ahnws !itRfl'ld KI!Y &: R.&-l:e}' .shaH btl refunded in a;::cor4.ul;.:::e wi.dt law ifall
keys cQ'!lsistiin.q ot _._ dnOr ___ mail "ax ___ Lln'rrdr'!" Room kc:r-(,l,J, ___ f'gol &; TeltDLe. Ke,Y{s) __
M:her Bt't! returl'led the dcry prtml.QIHi at'! v'Ilc(lrt:d.
", COJ .. L:p'CTJON: rf Residenl owes mere mone}' lrus l,lccll ht:h:1 Tn Ids [he MIJl'I8gernen( p.fi:er a prop itemized
SlatemenlllOfing QJl1ountowad III hl:; lWf,im1 Wly k:galll"le3lls nfcoU()c[/on.
tJ, REI'I'I"A Rt:J1t fll'lyrt'lCn':c I!!rc leglllly the Rl:'!>lclent without norlca or demand and may be acred
upon anyrinlt> aflllr the date !i-;;ated. Payment3 of rent berorQ' dw: dere will he ghWly accepted with a (If egJ'eed 1.0 I;ry
the Man!\,gemanl and inttli:JJed b.1'.5D.ITi9 _'. _ .. __ __' __ - __ 1
9. PENALTlES: Rem payments made aftct day month win be. subjGC1 to l1pc:nl:dty of.' S "(10 .fllIa S 1.on
p/da .. shall PlY or a. daily rale -ofSnIlil fur each purial payment of rer.r. Resident shan pDy S50.fJO for any disborr;oo:d bulk check
mw 10 mlUlagement. 1,\c;ceptllnL:e of a check iJ'l no gnmtl; tha r.n:dir should there bel iUllllffit:icnt funds in the:
10. SU8LEASINC: Iknident may no.t or 'I1:am rei' nor l:IIlY Plill prior written of
MIiIIUS:m1o:':ftt. \.IIilidl not bo unrv.u::onohly withhold. R<:IIlidcnt fLlrtb:r 'rllly U3: l'rcmi:lc::l f.or l:U1)' bllt nUl nJi' 4UJ
purpoSe .... -hic:h Is ur.lllwti.d.
11. OCCUPANCY; OCCl1pancy of the premists j,) limirtd a.adullll llJ1a and shall heul\'M fur a re.::rdenc;e IlOO tor
purpOSOS. Rcskll:.!!l dnc.l!i. agree ro $ ___ pCidny foC' each gue.&l remaining on the pl'eml515s more rhan __ ,
ll. I\tLlL1U".l:.1!: OCt.:UP .. It lS lrnderatood tbll.l thi5 AgreeJnglll ia bdowccn Ole Uwnc:r and each joiztUy.
Eoch sigrwrory will be responsibJe fot p.1)'ment of rent lind penolmanc: ur all 01 cr of th Is
1 D'3
13. lJTILITfli:'S: A,gteeS to ?3Y fur the Fnlfmdllg ucilities: nll::&'iclty !, 11i1 __ , LI,;ln Heat!. Othet
1U;;OLmr's. for lhc$ot' bc:$;Il :n Dr rhi.s St"J'" J!I1...v.hed !:ramfi.:r of ac.."Count
litilitic!!i not piI)'abl!: by wi!! b; p;aiJ by the 1\!1IDlJlgement. . ,_ _
1-4" !!J!lrel!!) that an llnim.ql, hird, or pet of any kiud bo kept 111. on nr .about Ih-= by the 1)1" his
Guest wh:nnul prior !iepamtl! B(lreemcnl dg:,2 b)' Mnnl1ge!'llel'1T- .
IS. WA'.'ERBEnS! t!:TC.; nOf keep ill oraoout !laid premls<:s Gampers. lIom.e.!i
,
liT
OOft'Op-eI''4li!t'e \lefiir;;le.<>; :!lepn11lte wtiaen by I,
16.. AIJTERIt TIOl\"S: Resident mHke no ur do on)' prmttmg to rho propcny"'" Ithout MWla;e
mflli
. apprffilal a,CI aU
ullrmlfinll$ ;o;I1nff n-I'n:lin wirh fhe Pn'!I'tITJiz:n;:. -.1..
11. OF OClNTliACr: FiIl.ilure of Resident to pay a.ilier proDlpdy whm dUI: or to \111m lUi)' odJ.er
rsrrTl:' or cundiuQrLS Ill!tuo or c"{;Imp)), l.i'Itl any opplictl.blc o(lbc of the, SUite of Ntvsda. sluM at the Optl04!l or
clllpo\Vl!!l' \'..her)l In lenniraml this .cndllc)- Upllfl gi'lllllg proper AS set ronh In the R I;lsldcnlluJ lW1d1ord aDd r enaot Act In the
NellfU1,j Rcyfl',ied Stamuea,
18. "".,uVER OF TERMS: AllY by Manngc",enno enfnrre rem,s. ormis !thall not C01'1itwule a WillWM" of said
t'em15 b)l AeccJ'ltance ufreot d UI: by tilt: Managcmenr l:lfier an)' cl efault ,shltlr nof b!!l con&rJ"ued tu waive any rialtrt of M
or arrCl.."t am' notice Qr II!'..ea I action theretOfore :c i\'tlfi or commenced,
19. \VAIVER OF RIGHT.1i; OR 0 TrONS: No.'ili I'tg in thi!! Sllclll he walVtllg aAy of the
or r;ght or ubligaljOU:l uflder dJU la\J;!I of the Scare ..... dl1.
30. TF.RMJ:NATION; Thl" Agrcemem WId the JC1I8Ilcy hereby mu)! be" lmnitllLal by ether party wl1hin 30 IlB)'S o{rhe
I.j.rum:d (,.r:r.:,. to >. or lJtTy limo by G.h'inA th..: oJh\:.r p.arty Hat 'Ihil't,)' PO] prior I}(.II ice ttl
writjn;g orBS otnt.l'\l'kc 3Uowtd by rf1.e Im.-s orme Slate ofNe'lf.ru:ia. ['0 .PArngr.'lph J.IU'ld g rarmon018ry l1abt)Wc!!i)
21. ow rv rUt! lne priflCiptlJ or C'(1rprn'<!te owner(s) of dIe prcmifles (are): M.IlI!jhfW !M-:rl.i!ur. AlifIltf. .
22. J'14fNTENANC'E. AI!:PAI rut, OR ALTERA TIO'NS; TtlIlf'.Ilt that the premise!; are ift good o,"lfer Arld reps'!'.
unless indiealed- Tenom: wnr.lJt Ids/ller own f':.rpel'St:. Jl':Bi!l':.:1il'] dIe premises In {l C.Jflm and 83l1hllry ntanllElr lnc.ludIlIg aJJ
smnke iNH::clors\ bllllTllling.: healing !! ir condWOllil'lg. St,r! wi 1/ SUl7imdar the snme, IU terminatil)D. in B,I!. goo6ieondirlon 8S
roct:ived. nornml wl!arand ce-ar TcsnaJlt wiU nO! p3i1U, paper 01' otht:rwCse rcuecoralL: 01' mnHt! to thtl j;IlUJlIthte9 wjtnOO2 rl1C
rJl'1',)r Io'...-itll.?l1 DOlHltJl'l1 (fornU' o""l"lC..'f'. At threo protlS Dullen !.ihnJl CIOmpr,Y 'WIth n" llppllc;:gb!o t;.OUQ!! wtth 'ftl,pelDt [0
irrigate a1ICI tnlllsullin IIl'IY 5tJI"TOul1dlng grnr.rnd.i, including fawns eflci If Ihey are Tl!nant's <:)(I;JllaJ\ie usc. TenAnt w1li nor
comani, any wash! "pol'l the pteIl1jseii. or any Dul!:3l1ce or ACt \,IIMe'l lUll.)' disturb the quiet OfullY k:nsml if! alii: building. Owner- wiI'll be:
fur the co:'l.b ufany rc:!ronufllgroquimf g,ovcrnmcntlll 1900cic/f,.
DAMACES TO PflEMiSLS: fflhc: premmL':s.are dltmaged by tire or tram any OIh!r Cause whf.clt l'\::nders
LJn(en8I'1rabrC. either PartY Will have Ihl! rlgr.t to fermtnnte rbi5 the: date OIl wil1L!h the damage act:ur5. Written notice
be giwm 1o tho!?: atller POSt)' lYirhw fifteen (15) da)'lI ,af[rr oceurrente ofsl.lc!l darnftSI!. Should sl&h damage ordcsl.tudion 0= .... UB the
n=lOlrll "rtl)1.'! (If" in\o'j[OQI<. chell only the l)1,\-'nc.:1" , .. m hn.,.c the right '0 tllrmlnHte. Should mig by
Dr TcnanL then rent thrtl1e currem mnntfJ wjJI be betwtcJJ!he parties ali oflhe daze [he o:eun,!4. Any prepaid
cnl and !f:curity wtl r be I'r:fundetl tn TenW1[, J f mis AGreement is nor toonitll:1tcc!. then Owner will rmm ptly Ii,eps.ir the preD1jsos
and lJ1cre will be I rcdl.lCtion ofrent ltmiJ he are ropa:Nd ana rwdy f<lr TBnann o(;Cupancy_ 1110 proooJ1iuuat.e
.f.'doclru.1 I/tJJI 1Jr. lmSe'tl 0.1 which r(;pu.irs ime:ri'eru \'aith I C'tlan!'! feaSOJlEl,bJo U':II! o1'the prcmlN,Cs. '
.24. POLJ('"!ESi H esiden: m i!bk/; b;,' li'lY tlnd sJ1 rule!; 3m.!. lncltu:iJn,g. bw not limi.ed to. rulclJ \\'ilb 't!5p.ecf.O DOlse,
dr!tposai nf rerWi6. pam. parking &r.!t.I U!5(: uf ("..om rn 00 1Irt".IlS'. F'w1her. R.e.glJenr docs nol agree &0 abide by all iDJId additions 10
fiilid after due 11ntioc: of allY nmoPldrnentrl or add!fiuulJ. r(Cllttiel1t at rne time of I.f Ih it Agre:omal'lt 8dge=. that h<! illlS
ofnU l'1IJes tilId rc.:;ulatinM penail'liflg fo lfle preudt;;:.s, (Resf.denr."s
. ResidC'l'll' lu /{,lilJl4 Mal'la.gemt'llJr the right CO tllter IFle premises 51 :..,1 rlme.3 itn,a for aJ.r
Iflc!whng rmowmg lO prO.lljllCCr.niC n:=,siO!'Lnr.s, bl&&rs. IQil1 or as:enbi orotfrt!n:; with JllwRIi Dusim!&s therein llod foJ'
;.U Jell;";' one: m.::.iinlCl'JIlr)C.lc "HlD,h. tn.ru:c"rQ4'lrl":'c war . \If{:,f. 11S'Ililre.::nc:,ml Management to give (he
four (211) holll' fnr l!brty .
. 26. lJ.'ie ofwashil'1g ma.t:hin .. ":1 or o!It: fu:misI-ed by Ml:}rptgernen1 fbrth6 and
10 be oC('),srrtJed In .1lnOllflt:r u ptBT (Jf tht rent paid by tbe Real'dent. po,)I, I'ed"eaTion8J
rKJ ilther if wly. on rn.: (l1'f!m18eg are (or the tlse of me;; RCQidellt only, at ofManQ=:rtlcJlt.
1,-/Lf-IU
ADORESS ____ . ___ __ . __ ...:.121 g9S03_--_, .--
hcreb :ih.U be re during rile I.snn tJf lhe [0 keep said sW'illlming poo! and rJthe.r faeiliDrlS in a
cofldirion f(\r U$e bv ltosident
l
um.li/)c time IJrme.nner ofiJsez.. or the clo.ll,ing. te1'l'lj'.mrarily or pt.:rrrmDMtly, of poot and ihclHries, SMII bo in
!:Illle! diSC(llrran lind in w!Lh the roles lUld \'egulal'lcns r!l."lued by Mt!Jl3SCme
r
n. Any brelKb oli' suid "Ics and
cnn5illltule U tm:acn '
. 2', AU Upt'lllt"c.I by Il!:sldellt must bE!! with 11l1l.na,elncm.. Only \lehiclt=t und
lit'(lflSf'd mirY be jli amuowc:d arc:IJII. I JmnJrllCli-J.l=d vehicles llJll,Y be by flliJ'l3,gement at O'WlIet"S e'ltiptmSe upnl'l week'}!
Rt::lidcnr m!1J' no mall-L- on the Rt IIW (me t [me. lli: "AI:! dt:sianste.d !i:J3nt.. r.ar.t: CZIl he
parked where
.18- I J A BU .. IT": M anllgefllcm: sh.!\lt not be liAble far llny (.hm18gc inj IllY ttl RcsiUt.:lll.. lmy adler or tl" any propen.YJ
ut'clll'ring LUI tile or p/al'l rhereof. or ia common Ne49 artless such j!i b/!!lt!d on the negligenr aC1'S or omissrlliJ of
Mi:lntycuu:nr. hils !l8t:rlt. wl wiil lll;l/"i;t:" to holli Mt:IIluteul-:nt ftcln uny cluirns (Dr bytnc
negtigl>nt aclf1 Or omrs. ...iolls of Me ReS or
29. 'NVEN1'ORY: A \.I.Tilli;n inYClltory or the prcmi!<l::'i I::md i l;, Cl,nUJr.l!> will he: fol' .)"('\ur 1'/1..<;pedlon. Ille'ElSe: it
fInd sl2n both y()lu- copy ilnd the .,mc:e co,,\' weeks_ You wiif bro. responsible (or the condition oftlJt, p'.emisc Wz.w..."11 vacatiu{
il'l with r!1 inlfial& rllccip: of by Q.esidClnr.
30 Tl.N,:\/tICV'TERJ'.1INATJO!\; Upon tctmillOJliQIl Oflirc {Cnancy. the l{esld'e:nr shall SLll1'eI'Iricr and V&.Caf.C Ute l!>t'emisas.
the of .m}, .(Joel! all of Rc. .. k:knl"s tlc.iOre dClp."IrtUre, rnr. RC!iidetnr retunJ key.> and personal )I"operlt' lisred au lhe
inY'C'nkiry to the:, owner' in good, cleft ... Q"ld cOIldi.i.,n; 11I;.nud weill' dGCcpl1;d i!ll!uw lQ [JIH p.rernP!teg
in tho 10 \o'efity eondninn and eollEc tg,
31. T_""XES: In <lcoordanca wiu. the [>,cVl1da Kevjgecf smtutt,., .f.!:!i 3: reflidet'lt of rentaJ propany you IUl: cluitlcd 10 what poni(l!o <:;1
yow rent go.:s f()r r1i!ttJ emak: ls:<6S. The rollowing iSla brcakdl:l\\IIJ for yu1.11' JI'1 mnJ1Ii:iDn:
TA){ALL(}(:AT1O:'IlS' J14.RU OTHc!;R THAN TAXES $ TOTAl-MONTHLY RENT$;
J2, I NSV.RA'NCE: It is agreed that 'tBNANT'mIlY obtain "RE'NTeRS Tl\'SUR ANCB 45 l..ANlJLOR-D-S- a-r-l1-is inSIlra:.ca
co .... r;r of1iENANT'S propw'lY .
.n, ('ON1'lt.tCr:. Thll abn"'1! iJ: lIClct11"-"1ld llnd .:ISNCd iointly Q.na Ju' ... crlltiy_ Th.-: 1111; ai.lc.'YC:;
COln!.rl:ttl tm/J LlflaerWind Sl'ld agree 10 all tbtl proVl5jgllS> thcn::of und fllrthtr Dcknowl rhat they ]u,'Ve CCi'y (Jf !i.81d.
34. NOTE: The abollli:' parogrnp'l H09cJing.are for OI1ly and do no! add kJ ordiminisfl the- inrBlldod "'MUlling ahoy
plll"flgraph.
JS. ADnfHONAI. 'J''';''l'I.IS &: (,'ONDJTIONS:
------. ----_. ...
---- -, -- .-- ,-------- --. --
----- - - ---------
-- _._----- _ .. -------
--
nORSS 1.21 Biver;Rocrb 8.!h9 NV 825QJ
Inventory
121 River Rock
Reno, NV 89503
Residemts Melissa IJlloa and Zach Coughlin acknowledge that the follo'ivillg
items are apart of the inventory at 121 River Rock, NV 89503.
items will not be remuved and stay willi the property upon vacathlg.
StackaQIe washer and dryer, refrigerator, range/oven'\! V.later
furna.ce. blinds (window coverings) and all other itetus that are attached to
walls or floors or ceilings.
--------------------------------------------------------
Residents: Melissa Ulloa aDd Zach Coughlin acknowledge this inventory" list
by initialing page 3 ltOln 29.
EXHIBIT 2
F I L E D
Electronically
01-05-2012:11:00:17 PM
Clerk of the Court
emergency motion
Sharpe's liability and status as a necessary party to REV201-001708
Sent: Tue 12/13/11 3:48 PM
To: cdbaker@richardhillaw.com; sgallagher@richardhillaw.com
1 attachment
12 11 11 Emergency Ex Parte Motion Merliss v Coughlin rev2011-001708 final.pdf (8.7 MB)
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
Sent: Wed 12/14/11 3:24 AM
To: stars@softcom.net; cdbaker@richardhillaw.com
NRS 118A.260 Disclosure of names and addresses of managers and owners; emergency telephone number;
service of process.
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to
the tenant in writing at or before the commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=63...
1 of 136 1/5/2012 3:53 PM
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of
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 of where the
premises are located may be called in case of emergency.
2. The information required to be furnished by this section must be kept current, and this section is enforceable
against any successor landlord or manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an
agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. In any action against a landlord which involves his or her rental property, service of process upon the manager
of the property or a person described in paragraph (a) of subsection 1 shall be deemed to be service upon the
landlord. The obligations of the landlord devolve upon the persons authorized to enter into a rental agreement
on his or her behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
2 of 136 1/5/2012 3:53 PM
Zach Coughlin has shared a folder with you.
privilege.
Sent: Wed 12/14/11 11:06 PM
To: cdbaker@richardhillaw.com
Please see fax of 12/ 14/ 2011 relating to this matter Zach Coughlin, Esq. 817 N. Virginia St. #2 Reno, NV
89501 Tel: please only communicate in writing Fax: 949 667 7402 Licensed in Nevada, NV Bar No: 9473
merliss v Coughlin
photo video
evidence
View photos Download all
You are invited to view Zach's album. This album has
125 files.
3 of 136 1/5/2012 3:53 PM
Zach Coughlin has shared a folder with you.
Casey Baker, Esq., Richard G. Hill, Esq., Dr. Matthew J. Merliss, MD neurologist Chico California landlord
tenant evictions nevada legal services VIDEO0126.avi
Coughlin explaining faults of Green Action Lawn Service conversion destruction to property VIDEO0077.avi
COUGHLIN FORCED TO PUT CARPET BACK EMERGENCY CONVERSION DESTRUCTION TO PROPERTY
GREEN ACTION LAWN SERVICE VIDEO0075.avi
EXPLAINING CARPET PROBLEMS TO MERLISS VIDEO0074.avi
green action merliss coughlin discussing problems VIDEO0076 g.avi
Share your files with
4 of 136 1/5/2012 3:53 PM
RJC Rev201-001708 Emergency Ex Parte Motion
Sent: Wed 12/14/11 11:11 PM
Please see fax and email of 12/14/2011 to follow for RJC Rev2011-001708
Zach has 7 files to share with you on SkyDrive. To view them, click the links below.
101311 merliss v coughlin1.mp3
101311merliss v coughlin2.mp3
102511coughlin1.mp3
102511coughlin2.mp3
102511coughlin3.mp3
102511coughlin4.mp3
102511coughlin5.mp3
Download all
Share your files with
Sent: Wed 12/14/11 11:42 PM
To: dclifton@washoecounty.us; cdbaker@richardhillaw.com; psferrazza@washoecounty.us;
kstancil@washoecounty.us; stuttle@washoecounty.us; Zach Coughlin (zachcoughlin@hotmail.com);
rjcweb@washoecounty.us
1 attachment
12 14 11 Fax to Chief Justice of the Peace Judge Clifton and 12 14 11 Motion attached.pdf (8.9 MB)
Please find a courtesy copy of the fax with 12/14/2011 Motion/Case Appeal
Statement attached in pdf format.
Sincerely,
Zach Coughlin, Esq.
5 of 136 1/5/2012 3:53 PM
your full rental value estimate
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
Sent: Mon 12/19/11 6:16 AM
To: cdbaker@richardhillaw.com; Richard Hill (rhill@richardhillaw.com)
2 attachments
252 Mill St, Reno, NV 89501 which includes 121 River Rock St. - Zillow.pdf (62.0 KB) , 12 19 11 fax to
Casey Baker including Zillow rental estimate sheet.pdf (121.4 KB)
Is way too high. Its not based on any Lease Agreement....I don't agree you get to rewrite
NRS to avoid moving things, and the lower cost of a storage shed...but even if you do win
on that point, see the attached evidence suggesting the rental value for BOTH properties on
252 Mill St. (its one plot that contains both house, Dr. Merliss bought them for $545K total
in 2006, now they are worth $155K TOGETHER. The zillow estimate for rent is $652 a
month for both properties all TOGETHER. You are goign to go into court alleging a fair
market value of $900, and I strongly consider moving for sanctions for misconduct
6 of 136 1/5/2012 3:53 PM
committed in the presence of the court under NRS 7.085.

If I can pay your demanded "storage fees" today, can I access my property?
If I can pay both your demanded "storage fees" and the "securing" expenses of $1060, can I
access my property?
If I can pay all "storage fees" or "securing expenses", but cannot afford to make a showing
in accordance with your other demands, are you refusing to allow me to access and retrieve
my property?
If I can pay all your demands, and make all showings, but refuse to start moving my
property but removing everythign on the outside of the house first, are you refusing to allow
me to access and retrieve my property?

Please note, despite your written promises to and written statements in pleadings on file
with the court that you were allowing me to, you have continued to fail to provide me
access to the client files connected to my law practice.

What say you of the offset for the over $3,000 of property burglared due to your negligent
"storing"?

Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
7 of 136 1/5/2012 3:53 PM
partial inventory
privilege.
Sent: Thu 12/22/11 11:01 AM
Dear Judge Sferrazza,
I respectfully submit to you that the inventorying of stolen, lost, or damaged personal property i simply not
possible by 11 am given the interference conducted by Baker and Hill, their removing a ladder to the attic (that
belonged to me, no less) from the property, their keeping the property boarded up, the incredibly strewn
about/burglarized appearance and state of the entire property, etc, etc. It is simply not possible to provide a
complete accounting or no exactly how accurate any accounting might be at this time.
Personal Property, including that used in the commercial business run out of 121 River Rock St. Reno, NV
62hm15
Toshiba 62HM15A Projection TV (62HM15A)
expensive suits missing, expensive fixtures and kitchen appliances missing. 32 inch lcd television computer
monitor, other computer monitor/s lcd/led
Several vintage and expensive high end audio recievers
several guitars, several high end professional audio recording microphones, all expensive, music equipment
several high end memory foam mattress, broken wooden memory foam mattress platform, partially missing,
wooden shutter on porch,
jewelry
watches
several hard drives, both external and internal
several HDTV's and computer monitors,
audio interfaces, sound and video cards,
computer RAM sticks, guitar amplifiers, family heirlooms, mementos and keepsakes, obviously its ridiculous and
damn near impossible to rush into a this property and deliver you a perfect inventory of all that is missing or
damaged within an hour or so.....
expensive electric shavers, multiple high end car audio amplifiers, family heirlooms, audio and video tapes
missing, my intellectual property and creative media missing, etc. ,etc.
8 of 136 1/5/2012 3:53 PM
inventory continued
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
Sent: Thu 12/22/11 12:09 PM
Dear Judge Sferrazza and Mr. Baker,
Additionally some rare book are missing, family 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 filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a
stay of 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
9 of 136 1/5/2012 3:53 PM
Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order of
December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio
record clearly reflects that.
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 of the premises that are the subject of the appeal during the pendency of 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. If the tenant fails to pay such rent, the landlord may initiate new proceedings for
a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
10 of 136 1/5/2012 3:53 PM
privilege.
Sent: Fri 12/23/11 2:33 AM
5 attachments
IMG_20110522_163658 missing items Onkyo receiver tuner Sony subwoofer Technic speaker.jpg (750.3
KB) , IMG_20110818_205455 Toshiba 62hm15a hdtv.jpg (1075.7 KB) , Line 6 Spider III 15 15W 1x8 Guitar
Combo Amp and more Guitar Amplifiers at GuitarCenter_com.htm (146.2 KB) , receipt for purchase of
lamp for Toshiba 62HM15A $87.pdf (31.7 KB) , IMG_20110818_203900 hdtv 52 inch in back
bedroom.jpg (234.7 KB)
I am writing to further supplement and clarify the inventory of items missing. Mr. Baker and Mr. Hill, please
know YOU ARE PLACED ON A LITIGATION HOLD NOTICE REQUIRING YOU TO RETAIN AND PRODUCE ALL
PHOTOGRAPHIC/VIDEO/AUDIO EVIDENCE YOU OR YOUR AGENTS HAVE COMPILED TO THIS DATE AND IN THE
FUTURE, ESPECIALLY WITH RESPECT TO PERSONAL PROPERTY ON THE PREMISES, INCLUDING ANY EVIDENCE
WHICH REFLECTS UPON WHAT WAS STOLEN OR DAMAGED INCIDENT TO THE BURGLARY OF APPROXIMATELY
DECEMBER 12TH, 2011 (INCLUDING THE POLICE REPORTS YOU SHOULD HAVE MADE). I reserve the right to
update this inventory if any of these items are found, or if others are discovered lost or damaged
I hereby reserve the right to amend this inventory should any of these items turn up under some of the "rifled"
through, the use Casey Baker, Esq.'s expression property, that was completely strewn about the premises. But I
doubt they will.
Amongst the items that were missing upon what was obviously an upsetting emotional hurried inventory (you
can imagine going into your home and seeing it look like it been subject to an extensive burglary), were:
http://www.zzounds.com/item--CASPX330 That is the 88 key keyboard, with hammer weighted action, Casio
Previa PX-330 that sat atop the desk in the front office is missing, very obviously
http://www.musiciansfriend.com/accessories/lr-baggs-dual-source-system That LR Baggs Dual Source blend
system was put into the Charvel acoustic "cutaway" guitar that is missing, which was in the front office, and was
in excellent condition, in addition to having the expensive after market LR Baggs dual source system added to it:
http://en.allexperts.com/q/Guitar-General-649/Charvel-jackson-guitar.htm-Drive/13055863
http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm I had just purchased a new lamp for that
television. Please see attached receipt for that lamp and attached picture of that Toshiba 62 inch television.
http://www.guitarcenter.com/Line-6-Spider-III-15-15W-1x8-Guitar-Combo-Amp-482276-i1979323.gc That is a
Line 6 Spyder III guitar amplifier that is missing
http://reviews.cnet.com/projection-tvs/samsung-hl-p5685w-56/4505-6484_7-31008492.html?tag=subnav I did
not see this Samsung HLP5685W hdtv dlp at the property. I want to verify tomorrow that it is for sure gone (Yes,
its a large television, but it the top had been temporarily removed from its pedestal.
Additionally, amongst the items that were "rifled" through incident to the burglary was an AKG C300B
microphone that is heavily scratched up and is obviously damaged:
11 of 136 1/5/2012 3:53 PM
http://www.sweetwater.com/store/detail/C3000B/?utm_source=Google&utm_medium=PPC&
utm_campaign=livesound&utm_term=akg_c_3000_b&adpos=1t1&gclid=CJ6S_4rkl60CFQ5lhwodV2YG4w
missing speaker as well technic sb-2840
Sony power subwoofer (see picture attached of Onkyo Receiver stacked audio system)
I believe a 1000W Sony Xplod Car Audio 12 inch subwoofer, new in box was taken as well, it retailed for, I believe,
about $75 after taxes: http://www.walmart.com/ip/Sony-Xplod-XS-GTX120LW-12-Car-Subwoofer/12016333
A Sony audio receiver appears to be damaged, I will provide the model number later.
http://www.amazon.com/Philips-32PFL3505D-F7-32-Inch-Black/dp/B003IT6Z40 That is the model of the
manufacture in 2010 Phillips 32 inch lcd television/computer monitor that was utilized in a dual screen display
setup at the lawyer's desk in the commercial law office at 121 River Rock St. Mr. Baker correctly identified it as
missing after the break in, as he did the 62HM15A Toshiba HDTV in the living room, and the various audio
receivers, etc. in Mr. Bakers attached December 14th, email (attached and admitted into evidence along with the
reply from zachcoughlin@hotmail.com at the hearing on December 21, 2011). In his December 14, 2011 writing
Mr. Baker wrote: "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 cant tell what else. The contents of the residence
appear to
have been rifled through."
http://www.americanmusical.com/Item--i-SHU-BETA58A-LIST I believe that microphone is missing, it is a Shure
Beta 58A Dynamic Microphone. I reserve the right to update this inventory if it is found.
A foam mattress, size full is missing. The wooden platform for it is oddly part in the flower bed and part
seemingly used to secure a window in some fashion, estimated value $800
Two, (2), of these http://www.amazon.com/Keurig-B60-Special-Single-Cup-Home-Brewing/dp/B000AQSMPO
$165 Kuerig B60 Coffee Machines appear to be missing
http://www.walmart.com/ip/Western-Digital-WDBAAU0020HBK-NESN-Elements-Desktop-Hard-Drive/13055863
Two, (2) of those Western Digital Elements 2TB external hard drives $190.
As for damaged items, the Sony hdtv 52 inch television in the back bedroom is not turning on, please see
attached picture (a clearer picture and model number will be forthcoming).
Strangely, its appears that, even where the contractor (whose bill for $1,060 included a notation of "fixing leak in
the basement") boarded up the back porch, he apparently did not do it very well, as the window to the back
door, inside the porch, appears to have been smashed.
I believe there are more things missing or damaged but this is not a task that can be done extremely quickly, and
I reserve the right to supplement this inventory as more missing or damaged items become apparent. I would
like some additional time at the property due to Richard Hill's interference on Thursday and Hill's contractor
having taken my ladder, which I was relying on for accessing and inventorying the attic. Further, I wish to leave
this property in very, very good shape for Dr. Merliss. I have respect for Dr. Merliss as I do for this Court, Mr.
Baker, and Mr. Hill, for whatever it is worth. Admittedly this litigation has gotten a bit scrappy, and we have all
been challenged by a Landlord Tenant Statute that is not always entirely clear and does not have the benefit of a
great deal of intermediate level appellate court case law to guide litigants through the ambiguities encountered
throughout this case. I want to leave this property in as good as shape as possible for Dr. Merliss, and believe
Hill and Baker are intent on limiting my opportunity to do that as much as they possibly can because they want
to pursue some theories of recovery based upon leaving property at the location, etc., etc., and have their
contractors do their typically inflated billing for work that, as here, ultimately is not very effective, as this
"securing" of the property, especially where a window unit air conditioner held in place by nothing but duct tape
and lacking even a simple jam rod atop the sliding window, was left in place on a side of the house exposed to a
sidewalk near the Lakemill Lodge. Or, Hill and Baker may just be legitimately fearful that I may do something to
harm their client's interest at the property and merely zealously advocating on Dr. Merliss's behalf. I feel like an
additional 8-16 hours at the property may yield a lot of benefit to the overall appearance and state of the
property.
12 of 136 1/5/2012 3:53 PM
I realize a stay was denied, however, I believe NRS 40.385 may be akin to the automatic stays attendant to
bankruptcies.
Sincerely and Respectfully,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
Date: Thu, 22 Dec 2011 12:09:18 -0800
Additionally some rare book are missing, family 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 filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a
stay of 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
13 of 136 1/5/2012 3:53 PM
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 filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order of
December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio
record clearly reflects that.
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 of the premises that are the subject of the appeal during the pendency of 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. If the tenant fails to pay such rent, the landlord may initiate new proceedings for
a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
14 of 136 1/5/2012 3:53 PM
interference with my right to get my property
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FOLLOW GUITAR CENTER:
Sent: Sat 12/24/11 1:44 AM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com; psferrazza@washoecounty.us
38 of 136 1/5/2012 3:53 PM
Some of my property remains on the premises. I want access to it, some of it,
I believe even involves both my law practice and my mattress business, and
reserve my rights to sue for damages, even the consequential/punitive kind in
the Schiff case where a seafood distributor in Nevada was awared as damages
the entire value of his business, which went under as a result of a Landlord's
nefarious deeds. My rights under the Court's Order of December 21, 2011
where interferred with. To wit, Richard Hill's contractor, for some strange
reason, removed a ladder I own from the property, preventing my access to
the attic. Further, the entire back porch remained boarded up during the
entirety of my access to the property this Thursday and Friday, that prevented
me from both removing my property and in returning Dr. Merliss's property
to the state I would have liked to leave it in. Additionally, despite not having
a chained padlock on the back fence for the vast majority of the time the
property was unoccupied, even where refusing to let me so secure the
property, all of the sudden, a chain link padlocked is secured to the
backyard/porch gate when it comes time for me to be allowed to access the
property and remove my belongs. Neither Hill or Baker responded to my
calls and written, hand delivered requests for them to remove the lock from
the back gate until it was far too late to avoid interfering with my rights under
the Order, nor did either of them ever have the door the house on the back
porch be put in an accessible state, as it remained boarded up.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
39 of 136 1/5/2012 3:53 PM
invenotry of missing personal property continued: sony DCR-DVD610
with 8gb duo memory card
privilege.
Sent: Sun 12/25/11 5:22 PM

There is a very sentimental hand drawn picture/caricture of my former girlfriend and
cotenant of 5 years Melissa Ulloa and myself that I believe I forgot to grab on my hurried
way out near 5:00pm on Friday. It was resting above the crown modling atop the area
attaching the dining room to the kitchen, where dishes were stored, in the dining room area,
it is a picture of her and I (she has glasses on in it) and I would very much like the
opportunity to retrieve it. It would have been one of the first things grabbed, but I wanted
to place it some place where it would not get bent or damaged and decided it would be
safest to bring it in my uhaul's cab near the end of this moving ordeal, but I am afraid I did
not get a chance to grab it before Richard Hill showed up with Casey Baker in tow and
video cameras. How it was at all fair to expect me to enter my former home and law office,
which has been completely turned upside down by a burglary that was able to occure due to
Baker and Hill's negligence, then demand that I ignore that extremely emotionally upsetting
occurance and immediately conduvct some crack inventory of items damaged or stolen, all
in less than an hour (after accounting for the travel time to get to somewhere to send the
Court and Baker an email inventory and the time that Richard Hill remained on the property
after 9 am on Thursday) is not at all clear to me.

40 of 136 1/5/2012 3:53 PM
In addition to the items previously disclosed as missing or damaged is the following, which
is missing:
http://www.amazon.com/Sony-DCR-DVD610-Handycam-Camcorder-Optical/dp/tech-data/B00123Q8YQ
/ref=de_a_smtd
That is a Sony DCR-DVD610. It had a somewhat expensive media card in it, which
sentimental and work related media on it that is irreplaceable. The card itself (and
this camera had one inside and one taped to it) cost money too:
http://www.amazon.com/SanDisk-16GB-Memory-Stick-PRO/dp/B00488CN1O/ref=sr_1_12?s=electronics&
ie=UTF8&qid=1324862012&sr=1-12

I believe one of the microphones previously indicated as missing has been found, a Shure
SM58a, however, I have not been able to test whether it is damaged or not, yet).

Two of these are missing as well: http://www.amazon.com/SanDisk-Cruzer-Flash-Drive-SDCZ36-032G-
A11/dp/B001T9CTS2/ref=sr_1_2?s=electronics&ie=UTF8&qid=1324862190&sr=1-2 at a current price of
$27 per on amazon, however, media and files were on those that is irreplaceable and
valuable to me.

The mold that I wrote to Merliss of on May 14, 2011 is in a very large clear bag on the
property. The original carpet, the 100% nylon brown shag, slumlord 101 carept is on the
property as well and should be retained should Dr. Merliss want it. That carpet became
moldy and had a poor smell when Merliss' handyman twice flooded (on two separate
occasions) the washing machine in the kitchen). I would like my car seats and other items
that are still on the property for which Richard Hill and Casey Baker's interference
preveneted me from having adequate time and access to remove such.

Additionally, while I have not conducted a complete review of all my hard drives, the
desktops hard drive indicates file on it were modified on at least two occasions while in Hill
and Baker's custody, both on December 6th, and December 14th, 2011. This is completely
unacceptable.

Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
41 of 136 1/5/2012 3:53 PM
Nevada Bar No: 9473
privilege.

To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; psferrazza@washoecounty.us
Date: Sat, 24 Dec 2011 01:44:51 -0800
42 of 136 1/5/2012 3:53 PM
Inventory continued: screen is cracked on my 17 inch dell laptop
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
43 of 136 1/5/2012 3:53 PM
inventory continued
Sent: Mon 12/26/11 3:27 PM
Dell Studio 1737 Screen is cracked. The screen was an upgraded screen that
is 1920 by 1080 LED/LCD screen. I fired up the laptop and the screen is
shattered in appearance an is not usable.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
Sent: Tue 12/27/11 2:47 PM
Among the items either stolen, missing, damaged, etc are the following:
44 of 136 1/5/2012 3:53 PM
4 1997 (approx) VW Jetta alloy wheels with performance racing tires (14 inches 4 x100
bolt pattern)
my collection of leather 8-14 way electric car seats: (3 lexus LS400 tan leather 14 way car
seats, 2 silver, 1 black 1991 ish BMW 735iL front bucket car seats), Subura, half purple
suede, half black leather Legacy sport car seat, Toyota avalon cloth driver power seat, 1995
Lexus sport coupe front bucket black leather power seat, lexus LS400 unique back seat tan
leather built into a loveseat/couch, all my cream high density carpet, approx 900 square feet
of it, my Sony 52 inch television, black velvet chairs (2), a number of other office chairs
and furniture, etc., various kitchen appliances and utensils and cleaning supplies, etc.,
various expensive accordion style cloth windows shade/blinds by levolor and other
expensive makers, approximately 15 light switch "dimmers", 900 square feet of green
woolen outdoor carpet, black Ikea office desk with glass top, approxmiatley $1,500 worth
of rare and exotic natural stone tile, porcleain, and ceramic tile, full size woode bed frame,
queen size wood bed platform, a number of extension cords, a great deal of tools, including
power tools, power recipro saw, power drill, a number of leather Lexus and BMW back car
seats incident to unique furniture creations of Coughlin Memory Foam. A BMW black
leather back seat built into a love seats, Lexus es300 silver leath back seat, LS 400 back
seats top and botton, tinted front driver and passenger glass windows for Lexus ls400 (4
total) and 2 total for corolla 1999 (also tinted), another wooden queen size bed platform,
Red stainless steel glass top patio table (large), several hibachi style grills, a huge collection
of tools and screw, nuts bolts, rope, many automobile expenisve electrical items, includign
5 auto climate controls units from Acura Legend, Lexus LS400 and ES300 and BMW's,
large collection of premium automobile speakers (approximately 25 speakers ranging from
tweeters to subwoofers), large collection of premium BMW/Lexus automobile amplifiers.
Approximately 1,000 square feet of both carpeting and plywood. The landlord should not
simply get to have his previously dirt floor basement be both vapored barriered with 10 mil
plastic sheeting and quality carpeting. I want the vapor barriers and the carpeting. It was
my hard work that got that material and all the plywood in the attic, Merliss should not
simply be given it by this Court with the help of an uneccesarily narrow in time frame
opportunity to retrieve my property (particularly where the court required i pay basically
my last $500 for the lien, for property which no certainty was provided by Baker or Hill
that it had not already BEEN STOLEN!) only to require an impossible accounting of
damage and stolen inventory of personal property (it takes time to fire up electronics and
see if they are broken etc....). I do not, and have not given anyone the right to take away
any of this property, it is my, I sweated and work hard to collect it, I could care less if
BAKER AND HILL HAVE SAID IN COURT THAT THEY THINK IT IS JUNK. HOW
WOULD YOU LIKE IT IF I SAID YOUR COLLECTINO OF 8 PORCHES WAS JUNK
MR. HILL? WHETHER YOU THINK IT IS JUNK OR NOT, IT IS MINE, I PAID THE
LIEN, AND YOUR INTEFERENCE IN REMAINING ON THE PROPERTY DURING
THE TIME THE ORDER ALLOWED ME ACCESS TOO, PUTTING A PADLOCK ON
THE BACK GATE AND ONLY REMOVING IT WITH APPROXIMATELY 3 HOURS
LEFT IN THE 16 I WAS ALLOTED TO BOTH MOVE AND CONDUCT THIS
"EMERGENCY" INVENTORY) AND IN KEEPING THE ENTIRE BACK DOOR TO
45 of 136 1/5/2012 3:53 PM
THE HOUSE AND BACK PORCH BOARD UP ENTIRELY AND INACCESIBLE,
PREVENTED ME FROM HAVING AN APPROPRIATE OPPORTUNITY TO REMOVE
MY PROPERTY. THIS INVENTORY STILL NEEDS TO BE SUPPLEMENTED. 4
ACURA LEGEND AND HOND ACCORD ALLOY WHEELS (15 INCHES) WITH TIRE
WITH APPROX 50% USABLE TREAD ON THEM. THIS IS NOT JUNK, ITS WHAT
YOU DO WHEN THE ECONOMY SUCKS AND YOU DONT' GO AROUND ASKING
THE GOVERMENT FOR A HANDOUT EVERY 5 SECONDS, LIKE I WAS TAUGHT
ABOUT NATIVE AMERICANS IN SCHOOL, YOU USE EVERYTHING YOU HAVE
AND WASTE NOTHING.

I WANT ALL OF MY PROPERTY PLEASE. IT WOULD BE RECKLESS TO THROW
AWAY MY PROPERTY ON SOME BASELESS AND UNFOUNDED ACCUSATION
THAT I WOULD SOMEHOW DAMAGE THE PREMISES. HILL AND BAKER
SHOULD NOT BE ALLOWED TO LEAD THEIR CLIENT INTO MORE AND MORE
LIABILITY IN SOME IMPRUDENT ATTEMPT TO BILL UP SOME LARGE
"DAMAGES" CAUSES OF ACTION FOR PROPERTY LEFT ON THE PREMISES OR
DISPOSAL COSTS. HILL AND BAKER HAVE AN ESTABLISHED PATTERN OF
HIRING "CONTRACTORS" TO SECURE THE PREMISES, ONLY TO LEAVE A
WINDOW UNIT AIR CONDITIONER IN A WINDOW, UNSECURED BY ANYTHING
MORE THAN DUCT TAPE, AND THEREFORE, CAUSE BY THEIR OWN
NEGLIGENCE AND THAT OF THE CONTRACTORS, THE THEFT OFF
APPROXIMATELY $7,500 IN TANGIBLE, NON SENTIMENTAL ITEMS, AND
UNTOLD AMOUNTS IN DAMAGE TO SENTIMENTAL ITEMS.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
46 of 136 1/5/2012 3:53 PM
I believe these emails should be part of the file, same as faxes from Baker
are included in the file
privilege.
Sent: Tue 12/27/11 2:53 PM
To: kstancil@washoecounty.us; cdbaker@richardhillaw.com; rjcweb@washoecounty.us;
stuttle@washoecounty.us
Close Print
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FW: Disposal of Personal Property at River Rock
12/04/11
Zach Coughlin
To stuttle@washoecounty.us, kstancil@washoecounty.us, cdbaker@richardhillaw.com
From:Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/04/11 1:40 AM
To: stuttle@washoecounty.us; kstancil@washoecounty.us; cdbaker@richardhillaw.com
1 attachment
LT Coughlin (disp of pers ppty - with encl)(12-2-11).pdf (86.4 KB)
I know what was said during the telephone conversation, believe me, I know
verbatim what was said...there was a condition placed on getting my hearing
for a motion to return personal property. I showed up to the first hearing, saw
47 of 136 1/5/2012 3:53 PM
JCRCP 84 emergency correspondence due to Judge Sferrazza's absence
privilege.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
118 of 136 1/5/2012 3:53 PM
Sent: Tue 12/27/11 7:03 PM
To: jschroeder@washoecounty.us; kstancil@washoecounty.us; psferrazza@washoecounty.us;
stuttle@washoecounty.us; cdbaker@richardhillaw.com
1 attachment
12_21_11_Order_resolving_Motion_to_Contest_PErsonal_Property_lien.pdf (2.4 MB)
Dear Chief Judge Schroeder, Judge Sferrazza, and Mr. Hill and Mr. Baker,

I am emailing this correspondence in addition to the more traditional faxing approach due
to the large number of hyperlinks it contains, and the ease wtih which one can access those
links when one receives the correspondence in an email format (simply clicking on the links
versus typing them in from a fax). Earlier in this case I had written Judge Clifton in this
case during a time when Judge Sferrazza was to be unavailable during a particular time
frame, under the belief that it was appropriate to do so under JCRCP Rule 84, in light of an
indication I do have a strong recollection fo seeing but which cannot find on the website
now, which indicated that the Chief Justice of the Peace was Judge Clifton, and further,
Casey Baker, Esq.'s October 17th, 2011 letter seeking an Emergency Order granting the
inspection of my law office was addressed to Justice of the Peace Clifton, causing me to
further confuse whom I should write to under JCRCP 84. I apologize for my mistake as it
now seems very clear that Chief Judge Schroeder is the "Chief Justice of the Peace"
mentioned in JCRCP 84 and to whom I should appropriately direct this inquiry. I take this
step of writing pursuant to Nevada's JCRCP 84 in light of the Reno Justice Court's filing
office's indication to me today that Judge Sferrazza was away this week, and while a
mention of Senior Judge Dannan was made, in an abundance of caution, I revert to the
dictates of JCRCP 84. I feel there is an exigent need to pursue this means of
correspondence given the thousands of dollars of property of mine that Mr. Hill and Mr.
Baker have indicated they will, essentially, throw away, with the intention of suing me for
thousands of dollars in "disposal" costs, which to me, seems like an unlawful rent distraint,
disallowed by NRS 40.520. Judge Sferrazza was implored to enter an Order as narrowly
curtailing my opportunity to retrieve my property, even after paying, essentially, my last
$480 dollars to Dr. Merliss, a California neurosurgeon graduate of Beverly Hills High
School, despite the fact that it had not been made clear at all, nor had any real inventory
been provided to me indicating what personatly was there prior to and after the December
12th, 2011 burglary. Mr. Baker and Mr. Hill apparently argued that my "bad faith" in
defending against a Summary Eviction Proceeding based upon a No Cause Eviction Notice
against a commercial tenant such as myself, dictated that my opportunity to retrieve my
personalty be reduced to something akin to a scene from a television game show where a
constestant is allowed into a plexiglass closet/vacuum chamber type apparatus and allowed
to grab as many dollars as they can within the few minutes afforded them. I was also
supposed to conduct a thorough inventory and accounting during my minutes in the
plexiglass chamber and email such to Judge Sferrazza. I would like an opportunity to
retrieve my belongings without a padlock and chain being place on the back gate
119 of 136 1/5/2012 3:53 PM
immediately before my visits to the property and without the back door being completely
boarded up.

http://www.co.washoe.nv.us/rjc/chiefjudge.htm :"Chief Judge The Chief Judge for 2011 is Judge Jack
Schroeder .
The duties of the Chief Judge include: administrative responsibilities, sitting for judges who are out of the office
due to sickness, vacations or schooling, verified citation trials and other hearings as necessary. "

JCRCP RULE 84. CHIEF JUSTICES OF THE PEACE

(b) Responsibilities. The chief justice of the peace in a township shall:

(3) Hear or reassign emergency matters when the assigned justice is absent or otherwise
unavailable.

(4) Designate another justice to perform the duties of chief justice of the peace when the
chief justice of the peace is absent.

Judge Sferrazza issued a ruling following the hearing on my November 16th, 2011 Motion to Contest
Personal Property Lien after the hearing held on December 20th, 2011. The Order (please find it
attached to this correspondence) allowed me access to the property, upon paying Mr. Hill and Mr.
Baker's client, Matt Merliss, MD, $480 for "storage costs" of my personal property for the period
between November 1st thorugh November 16, 2011. I was granted the time period between Thursday,
December 22nd, 2011 from 9am to 11 am to conduct an inventory of all of my personal property on the
premises and by 11 am on 12/22/11 send an email from a wifi location near the property to both Mr.
Baker and Judge Sferrazza describing all the property that was either stolen (Mr. Baker wrote me on
December 14th, 2011 reporting that the boarded up property containing so many of my possessions and
client files was burglarized and "rifled through", with a number of items of personalty missing,
including a 62 inch HDTV Digital Light Projection (DLP) television set that retailed for over $2,300 in
late 2007 (a Toshiba 62HM15A):
http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm

Please consider the value of my luxury automobile leather power seat collection, which is
an offshoot of my business, Coughlin Memory Foam which had at least one type of address
with the Nevada Department of Taxation listing the 121 River Rock St. 89501 address...Just
120 of 136 1/5/2012 3:53 PM
imagine a nice 14 way power seat (front to back, side to side, 4 way lumbar, head rest up
back, 4 way bottom seat tilt, heated, aftermarket massage modification built in, etc., etc),
put on a wheel base....how player wouuld that be at your desk, Mr. Hill? I know you would
probably go with something from the Porsche line given your affinity for that fine make.
Your Honor, I imagine those long hours on the bench could be made much more
comfortable with something, say, from an Cadillac Escalade in judicial robe black. Of
course, I am jesting, and this is not meant to be taken as an offer of anything, but merely to
illustrate that I have plans for those seats, they are incident to my Coughlin Memory Foam
business, and it was my sweat equity in gathering foam, luxury automobile power seats,
wheel bases, tools, plywood, metal storage shelfs (like the white ones in the attic), all the
plywood that created the attic floor, etc., etc. One of these example luxury automobile
bucket seat to office desk chair conversions was seen at my office desk at 121 River Rock,
on a wheel basis, with a power source attached, sat a tan leather Lexus LS400 second
generation driver bucket seat, with the patented coil suspension system built into the seat
(far more advanced than the simple sinusoidal variety of springs so often used):

http://www.google.com/patents/about/3913975_SUSPENSION_SEAT.html?id=rOA4AAAAEBAJ
"The redesigned LS 400 interior received upgraded features, varying from dual-zone climate controls to rear
cupholders.
[42]
A newly patented seat cushion design, similar to the car's suspension, utilized lightweight
internal coil springs and stabilizer bars to improve comfort.
[46]
" 1995 Lexus LS 400: Improving on near
perfection". New Car Test Drive.com. 2005. http://www.nctd.com/review-
intro.cfm?Vehicle=1995_Lexus_LS%20400&ReviewID=2588. Retrieved 2006-12-01. "0-60: 7.1 sec."

I believe I had 4 Lexus LS400 bucket front seats at the property, and hopefully they remain there and I will be
allowed to access them. They are all in about the best condition you could find them in, as one might go on
many, many trips to Pick N Pull junkyards resulted in a haul of these seats, in a year, make, and model, that is
very rarely found in a junk yards, and even more rarely found in any useful condition:
http://www.picknpull.com/check_inventory.aspx?Address=89501&Lat=39.526215&Lng=-119.810633&
Make=Lexus&Model=LS+400&Distance=25000
Indeed, the link above shows there are only 2 second generation Lexus LS400 cars available within an unlimited
distance of area code 89501 from the 1995-2000 model years of that generation, one in Stockton, one in Rancho
Cordova. They are too heavy to ship economically...Plus it takes work to go figure out how to get them out of a
car in a junkyard (hint, a cordless power drill, some wires, and hard earned know how gained from looking at
wiring diagrams for the sometimes 50 wires under those seats will allow one to move them forward and
backward sufficient to get at all four of the 14mm bolts holding these seats down).

I focused on the 1995-2000 second generation era of LS400 front power leather bucket
seats as they had the newly patented suspension system and I found them uniquely superior
in comfort and performance. I am a licensed patent attorney with the USPTO, and, like a
lot of creative types and inventors, can be somewhat "outside the box", and sure, to some it
looks crazy and looks like I am a "hoarded" and that my stuff is "junk".
Those 4 LS400 seats alone could be parted out for approximately $6,000:
http://www.ebay.com
/sch/i.html?_trkparms=65%253A12%257C66%253A2%257C39%253A1%257C72%253A5952&rt=nc&
_nkw=lexus+power+seat&_sticky=1&_trksid=p3286.c0.m14&_sop=16&_sc=1
121 of 136 1/5/2012 3:53 PM

Or, I believe I could sell them, after making modifications, as premium unique office desk chairs to lawyers,
doctors, business people, etc. as well as couches/love seats in a similar vein when combined with existing
couches or love seats, and there are two such prototypes at the property still, a tan Lexus LS400 back seat
incorporated into a tan sued loveseat and a black leather 1991 BMW 735il backseat incorporated into a
wicker/wood couch that is currently on the porch and not secured enough for my tastes to guard against theft.
If one takes a look at what a very nice, motorized leather office chair can cost at fine furnitures stores, it is not at
all hard to believe I could garner over $1,000 per seat. http://www.ebay.com/itm/LEXUS-LS-400-BLACK-
LEATHER-SEAT-DRIVER-POWER-95-00-OEM-/160596876448?pt=Motors_Car_Truck_Parts_Accessories&
vxp=mtr&hash=item256451dca0

But, I beg to differ, and feel I should be given some credit for being a lifelong Nevadan
who did not move when our economy began to take on a drastic appearance, rivaled by only
Rhoad Island and Michigan, but, instead buckled down and got creative and tried to find a
way to make it happen here in Reno, Nevada, both as an attorney and an entrepreneur. I
don't know about you, but ugly metal strips separating the ugly slumlord 100% nylon
medium brown shag carpet (that carpet looks good, barely, for about a day after one buys it,
after that, it is forever matted down and lackign any resistance to staining) from the ugly
linoluem inside the property (compare the linoleum to the exotice natural stone and
porceline tile from Italy, France, Indonesia, Bali, Japan, etc. that had been puzzled pieced in
by borders, ie, not mortared down, at the property, here):

https://skydrive.live.com/redir.aspx?cid=43084638f32f5f28&resid=43084638F32F5F28!452&parid=root

after walking past what is essentially a dirt yard would not seam to inspire confidence in
potential clients such that they would plunk down their hard earned money to an attorney
and entrust him with their high stakes litigations (whatever decomposed granite that was
leftover from the two story pink Victorian turn of the century house the landlord owns next
door to the property I rented had long since blown away in the wind, plus a multiple times
per year practically overnight weed problem would metastasize grotesquely, for which Dr.
Merliss himself said he paid a crew of landscapers $2,000 to weed for the property I rented
alone....plus, my dog, Jackson Pawluck-feature in the December "Animal Law" issue of
Nevada Lawyer, was constantly getting those painful goatsheads from dried out weed in his
paws, plus the dirt lawn resulted in an inordinate need for constant dusting.....enter my
ingenuity in securing over 800 square feet of very high quality high density green woolen
outdoor carpet...the result? No more paying yearly for weeding, no more constant dusting
inside, no more dogs getting goatsheads in their paws, no more stigma of having a law
office with a dirt lawn, etc., etc.)
http://www.ebay.com/itm/PORSCHE-986-996-FULL-LEATHER-SEATS-2-WAY-POWER-BLACK-
/260921596407?pt=Motors_Car_Truck_Parts_Accessories&vxp=mtr&hash=item3cc02399f7

You guys say its junk, but my seat collection could be parted out for a nice chunk of
change:
http://www.ebay.com
/sch/i.html?_trkparms=65%253A12%257C66%253A2%257C39%253A1%257C72%253A5952&rt=nc&
122 of 136 1/5/2012 3:53 PM
Re: Offer withdrawn
_nkw=porsche+power+seat&_sticky=1&_trksid=p3286.c0.m14&_sop=16&_sc=1

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
From: zachcoughlin@hotmail.com (zachcoughlin@hotmail.com)
Sent: Fri 12/30/11 7:55 AM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com (cdbaker@richardhillaw.com)
I had to move again over the last couple days 8 want my property, dispose of it at yours and your clients own
liability. I didnt get your email until late last night and i still dont consent to service of anything from you or your
firm electronically. You are on a litigation hold notice as to the moldy insulation in a clear water tight bag in the
front of the property and as to any video, photo, or other evidence you have collected. You allegation that i
burglared the property is pathetic and beneath you. Did you file a police report when the property was
123 of 136 1/5/2012 3:53 PM
ADR
burglarized on approx December 12th? You are making other people look bad.
Sent from my HTC
----- Reply message -----
From: "Richard Hill" <rhill@richardhillaw.com>
To: <zachcoughlin@hotmail.com>
Date: Fri, Dec 30, 2011 7:07 am
Mr. Coughlin - you proved me correct, you are obviously more interested in
haggling and hassling than you are in actually getting any of the remaining
stuff at the river rock house. Further, although given adequate time, you
have not even bothered to file a motion with the district court.
THE PRIOR OFFER TO LET YOU BACK INTO THE PROPERTY IS REVOKED.
Rgh
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Sent: Fri 12/30/11 8:01 AM
Your contractor and you may face fraud charges for charging $1,060 to board up the porch with screws in
plywood facing the exterior, leaving the window unit ac in without a brace, leaving property on the yard abutting
the exterior fence, etc. I want the desk too. Rich, please don't do this to yourself, you have such a bright future
124 of 136 1/5/2012 3:53 PM
why muddy it up with your sanctionable conduct? You are better than that, I know it.
Date: Wed, Dec 28, 2011 9:03 am
Mr. Coughlin - let's have a reality check.
2- if we don't have it, then who does??
You turned breaking into that house into an art form, before you were
arrested & finally locked out.
Who, besides you, would have known that there was anything in the basement
to steal?
Who, besides you, would have known how to work the lights down in that
spider hole you were living in?
3- Dr. Merliss is only liable for negligence in terms of dealing with any of
your property- look at the statute.
The facts that you had to kick the front door down, and then had to take the
back door apart, show that adequate protections were taken. You did not gain
entry through the window with the air conditioner - at least as far as we
know, so it is a non-issue. There isn't a judge in town who will not grant
summary judgment on that issue.
4-IF you really had the stuff you say, and IF you really didn't take it ( or
know who did), then you would be filing a police report.
That would do two things:
First, it would help your abysmal lack of credibility
Second, it would possibly trigger the cops to go look for your stuff & maybe
get it back.
5-your claims.
Your work product is terrible, and, most of the time, you can't even get it
filed and served.
125 of 136 1/5/2012 3:53 PM
7 - we don't want the stuff left in the house, but we don't trust you - at
all.
Your stunt last time, announcing that you were going to stay, does not
inspire us to place ANY confidence in anything you say.
If you want in, you need to do up a stipulation & order, to be approved by
judge Flanagan. Suggest that you use Sferrazza's order as a starting point.
It needs to include a waiver of your security deposit. It will need to
include signed waivers by you & your posse (and we want the ones from the
last venture - a compliance/credibility thing!!). The boards on the back
stay up ( your fault on that one!); you need to fix the back gate and, you
need to be done by 5 on Friday (12/30/11). We need to be very specific that
you aren't taking anything attached to the house, or any flooring - except
the carpet in the basement and outside. You need to list what you think you
want to take for our approval.
That means no games by you on the terms - you need to get moving & submit
something for our consideration. I will edit it, but if it is going to take
any more than about 1/2 hour of my time, it will make it cheaper to just
throw the stuff away. We do have an order that we can dispose of the
property and hold you for the cost. You should regard what you send as an
offer that we may or may not take.
We may counter.
If you send over more of your self-serving crap, the deal is off. We are not
looking to engage in the protracted haggling that you so love.
We do not have a deal until the judge signs off
Show us how good a job you can do - you know what we will want.
We think that you are more interested in the hassle and the attention than
any real progress.
Rgh
126 of 136 1/5/2012 3:53 PM
TRO
RE: ADR
Triple
Sent: Fri 12/30/11 9:04 AM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com; knielsen@richardhillaw.com
1 attachment
amended emergency tro for shill, er hill 12 30 11 to fax.pdf (388.0 KB)
Rich,
I hate to see you resorting to implying an improper ability to influence a
tribunal.
Sent: Fri 12/30/11 9:07 AM
To: Richard Hill (rhill@richardhillaw.com); sgallagher@richardhillaw.com; cdbaker@richardhillaw.com
what does "demonstartes" mean? Is that some sort of ancient Lycan terminology?
From: rhill@richardhillaw.com
Subject: RE: ADR
Date: Fri, 30 Dec 2011 08:26:48 -0800
this email further demonstartes your utter lack of competence as a lawyer
Sent: Fri 12/30/11 10:37 AM
127 of 136 1/5/2012 3:53 PM
Coughlin v. Merliss
I have rarely seen a grown man employ the vaunted triple question mark or triple exclamation point with such
regularity as you, Richard...
Cc: <cdbaker@richardhillaw.com>
Subject: TRO
Date: Fri, Dec 30, 2011 9:12 am
is that what the voices are telling you???
Sent: Friday, December 30, 2011 9:04 AM
To: Richard Hill; cdbaker@richardhillaw.com; knielsen@richardhillaw.com
Subject: TRO
Rich,
tribunal.
Sent: Fri 12/30/11 8:56 PM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com

Dear Mr. Baker and Mr. Hill,
I appreciate your quick response. However, given that I have repeatedly told both of you in
writing that I do no consent to service of anything from anyone at your firm via email or
other electronic means, it should hardly be a surprise if I either do not receive emails like
those you recently sent wherein you attempted to get around the fact that you have violated
the NRS statute requiring you to return the $700 deposit under the Lease Agreement ($200
for a "cleaning fee" with an express reservation in the Lease Agreement that I may elect to
have the carpet cleaned myself and a $500 damage deposit, no to be used for rent as I read
the Lease Agreement, but I could be wrong) and under statute within 30 days of the lockout
or provide a specific, detailed, itemization of how the deposit monies were spent. Now, you
have subjected your client to the statutory penalties for your failure to so comply with NRS
regarding the return of a damage/security deposit. I realize that you are likely doing this
case on a flat fee now, or some contigency basis wherein any recovery you are able to chisel
128 of 136 1/5/2012 3:53 PM
out pursuant to your novel "disposal costs" DSM-IV diagnoses attempts would help offset
all the time you have spent putting Merliss and my names on old pleadings.

So, regardless of whether I had any duty to mitigate by checking for emails from opposing
counsel where I have previously provided numerous notices in writing that I do not consent
to such means for notice or transmissions of correspondence/pleadings related to these
matters, I believe what has encumbered me so much these past few days will provide
sufficient justification for any delay on my part. You see, I have a new address, as I have
found it necessary to move locations, yet again. Please note my new address for all
communications/pleadings/etc.:
1422 E. 9th St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402

In addition to all the Goodwill and Office Supply store expenses your wrongful
eviction/illegal lockout/contributing to a wrongful arrest/filing a false police report, etc.
have caused me, was the need to rent an immediate replacement residence, which proved
unsuitable, necessitating another move, a move which resulted in another police report
being filed due to yet another Nevada landlord feeling able to do whatever it is the like to a
tenant, be it call him a "White N*gg#r" (you get the idea, hopefully), repeatedly assault and
battery him, etc., all because the landlord sought to add additional consideration to an
agreement after offer and acceptance were complete.

By the way, are you so sure I have not already filed a police report in relation to the
burglary of my law office that Casey Baker, Esq. reported to me in a correspondence dated
12/14/11? The property is located in very close proximity to the Lakemill Lodge, Mr. Hill,
it is hardly a surprise to anyone if it is burglarized , especially where you essentially put a
big sign in neon on the outside of the building announcing that it was not being inhabited,
while at the same time leaving many of the blinds up (by the way, the blind above the
kitchen sink is mine and I want it back, it is an expensive accordian style cloth blind that
raises and lowers or adjust from both the top and bottom, I believe the brand name is
actually "Bali".

Anyway, I don't know why you would think I suspect either you are Baker of stealing the
property. Neither of you seem to have a creative or musical bone in your bodies, so what
would you want with an $800 (approx.) Casio Previa PX-330 88 key keyboard with
hammer weighted action or a Charvel acoustic guitar with Abalone inlays and a LR Baggs
dual source aftermarket pickup (complete with a FET microphone to blend with the pickup
and or piezo source vibrations)? Now, I am not sure why you seem to indicate the stolen
items were only in the basement. Clearly, the discovery/pictures/invasion of privacy of my
law office/Fourth Amendment violations/media you produced to Reno City Attorney
Hazlett-Stevens can show that so many of the stolen items were in the front office at the
129 of 136 1/5/2012 3:53 PM
property, the Previa keyboard and 32 inch LCD Television (that was used as part of a dual
monitor desktop display at the attorney's desk along with another 32 inch LCD monitor).
What else do you see in all the pictures/videos you took that was upstair (ie, not in the
basement) at the property, and which ultimately was listed amongst the stolen or damaged
property?

Further, now it is clear you and your client want my expensive collection of imported
natural stone and porcelain tile. However, the tile is merely laid on the floor...it is not
affixed to the property, it was never mortared down, no thin set, no grout, etc., etc. It is not
yours or your clients. Sure, I understand, you and he want it, you find it exotic and
creatively done, in a pastiche/melange, however, Merliss is going to have to live with the
slumlord cutrate lino he had installed by "Antonio" rather than benefit from all the items
that I mentioned as possible avenues of settlement. You and Baker steadfastly refused to
even consider any settlement throught this matter. I am sure your client, looking back,
would prefer to have his property not have been burglarized and damaged extensively by
the 12/14/11 breaking and entering Baker wrote of, and would prefer to now own the large
swamp cooler with new premium diffuser pads and brackets for mounting to an exterior
backyard window, and would prefer to own the approximately $1,500 worth of plywood
that I collected during my stay at the property and for which is currently providing an attic
floor, but which, is not "affixed" to the property, as no nails or other methods were ever
used to so affix that plywood to the property in anyway. I am sure your client would prefer
to have whatever it is you actually charged him in fees back, in addition to all the bloated
process server costs and "contractors" work, not to mention the charges wrough by Nash
Pest Control et al for "inspections" that failed to comply with the notice requirements of the
Lease Agreement (not to mention the witness fees, etc, involved in arranging for such
individuals to testify on pointless non-sequiturs). I am sure your client would prefer to have
back the last 4 months of stress and worry your reckless pursuit of attorney's fees have
wrought on his life, and the various liabilities/lawsuits, you have now subjected him to, the
specter of which is a very, very real thing Mr. Hill, which your and Mr. Baker's malfeasance
has likely resulted in a situation where yours and Dr. Merliss's interests will diverge
significantly, requiring Dr. Merliss to, in all liklihood, retain new counsel, and pay them to
get up to speed on this matter, all of which could have been avoided had you or Mr. Baker
made any attempts at responding to my numerous settlement inquiries and proposals, all of
which appear exceedingly fair and reasonable in retrospect (just like all my repair estimates
for the various habitability issues).

So, please do let me know I can get my property out of the house at 121 River Rock St. If
you feel any damage was done to the property during the 16 hours I was accorded access to
it on December 22nd and 23rd, 2011, you certainly have not indicated so in writing.
Further, you have received nary a claim of injury/slip and fall/whatever from me or anyone
who assissted in the move, and I am indicating in writing here that I am unaware of any
such claims, other than, of course, my claims that you impeded my ability to remove my
property. All of those assisting with the move have much better things to do with their time
130 of 136 1/5/2012 3:53 PM
than fight with you or to attempt to shake you or your client down for anything, they are
simply above that, obviously.

So, please, let me know, give me a call, or email me (I am providing consent to receive
email notice from you for that limited purpose only, ie, for you to quickly communicate to
me that I may retrieve the remainder of my personalty from the property such that the same
can be done expeditiously and Dr. Merliss can all the more quickly move on towards a
fruitful station where he will be receiving rent for the property).

Additionally, the recent moving of property on 12/22 and 12/23, 2011, in combination with
yet another move to my present location approximately 5 or so days later has been, to say
the least, extremely challenging, especially considering that I have been running a law
practice to boot during that time, made all the more difficult by the fact that, unlike you, I
don't have a cast of thousands helping me make it all happen, ie, I don't have "the unknown
stuntman that makes Eastwood (you) look so fine" (though the legal research in the
pleadings your office have filed certainly leaves something to be desired). My point is, I
am continuing to express here in writing an indication that the list of stolen or damaged
property, the inventory, will likely need substantial revision. For instance, the HLP5685W
was recovered during the rushed, frenetic, chaotic move of 12/22/11 and 12/23/11, albeit in
component pieces, and with the caveat that testing to see whether or not it was damaged has
not been completed yet. Further, it appears that all jewelry and watches were ultimately
accounted for. There was the matter of the large (approximately 20 feet by 50 feet) black
mesh dropcloth/tarp that formed a very nice sunshade over the porch. That is missing. I
want my dimmers, they can cost around $30 a piece at Lowe's, etc. There are
approximately 15 of them at the property.

Further, I will again reiterate my general across the board indication that all the ridiculous,
reckless and baseless accusations you make in your various correspondences will not be
responded to and any failure to so respond on my part should not be taken as an admission
of any sort, far from it. If you want to continue to drag your client into the land of liability
for defamation, who am I to stop you.

I am not sure what exactly makes you think you know what "every Judge in town will rule"
with respect to some Summary Judgment motion you anticipate filing, however, please note
that the Rules of Professional Conduct forbid your implying an ability inappropriately
influence a tribunal.

Alas, there will be no waiver of the security/damage deposit. I won't be signing over my
firstborn to you either, Richard, nor will I be entering any stipulations wherein I agree to be
held accountable for all of yours or anyone else on earth's crimes against humanity or
waiving any claims I may have to any wrongs ever done to me by anyone at any point in
my lifetime, nor will I be agreeing to have each and every issue that I ever litigate anywhere
ever heard have jurisdiction be retained with a Judge of your choosing in a forum to your
131 of 136 1/5/2012 3:53 PM
update inventory of missing/damaged items
liking, etc., etc. or any of the other things on your "wish list" that you wasted everyone's
time with during the 6 hour hearing on 12/20/11, you triple exclamation point/triple
question mark using grown man, you.

Sincerely,

Zach Coughlin, Esq.

Zach Coughlin, Esq.
1422 E. 9th St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
132 of 136 1/5/2012 3:53 PM
Sent: Sat 12/31/11 12:42 AM
To: psferrazza@washoecounty.us; cdbaker@richardhillaw.com; kstancil@washoecounty.us;
rjcweb@washoecounty.us
1 attachment
pictures of toilet sludge Merliss rev2011-001708.pdf (18.1 MB)
Dear Judge Sferrazza and Mr. Hill and Mr. Baker,
I have an additional update to the inventory of property stolen, thanks, in
part, to all the pictures Mr. Hill had taken. The 62 inch HDTV 62HM15A
shows a combo/dubbing vcr dvd on the shelf below it:
http://www.walmart.com/ip/Sylvania-Dvd-Recorder-Vcr-Combo/11088889
That is missing/stolen.
Further, the very, very large mirror and wooden frame in that picture is mine
and I wish to have access to the property to retrieve it without Mr. Hill's
obstructive tactics, as is the case with my collection of imported and exotic
natural stone and porcelain tile as is the case with all of the white metal closet
shelf, for which there is approximately $400 worth of at the property that
belong to me, including those in the attic:
http://www.homedepot.com/Storage-Organization-Closet-Storage-Complete-Storage-Systems-Wire-Shelves-
Accessories/h_d1/N-bcf0Z5yc1v/R-202104723/h_d2/ProductDisplay?langId=-1&storeId=10051&
catalogId=10053
And attached is a collection pictures of the "toilet urine sludge" that was
involved in this matter, and which only recently was found. The HLP5685W
DLP HDTV has been located, though whether it has been damaged is unclear
at this point. Please Note, I have a new address for all future mailings, etc.
Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
Nevada Bar No: 9473
133 of 136 1/5/2012 3:53 PM
FW: key for back door
contain confidential information intended for the specified individual (s) only. If you are not the intended recipient or an agent responsible for delivering it
to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking
of any action based on the contents of this information is strictly prohibited. This message is confidential, intended only for the named
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Sent: Sat 12/31/11 1:07 AM
1 attachment
121 River Rock photos.rar (8.6 MB)
Mr. Baker,
The archive attachment is what was attached to the original 5/14/10 email.
Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
Nevada Bar No: 9473
contain confidential information intended for the specified individual (s) only. If you are not the intended recipient or an agent responsible for delivering it
to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking
of any action based on the contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable
134 of 136 1/5/2012 3:53 PM
law. If you are not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action taken or
omitted to be taken in reliance on the contents of this information is prohibited and may be unlawful. If you receive this message
in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any
copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work
To: magunda@aol.com
Subject: RE: key for back door
Date: Fri, 14 May 2010 14:32:49 -0700
Hello Matt,
We tried the key for the house in the back door again, and even used some graphite dust, but it still appears to
not be the right key for the door. We could take care of this in exchange for a $20 discount off one months
rent.
I am attaching some pictures of what has become, rather suddenly, quite a weed problem. I did not know whose
responsibility such a thing is normally, landlord or tenants. I reviewed the lease and don't feel it is conclusive
either way. As far as precedent there appears to be support either way. How about this, we could handle the
weed problem for a $40 discount off one month's rent?
Lastly, when we moved in, there was a number of insulation batts that had fallen from the ceiling in the
basement, and rested on the dirt ground. Some fell completely, some only partially. The portions touching the
ground became very infested with mold, The ground did not have a vapor barrier, such as 6 mil plastic sheeting.
About 8 of the 6 1/4"by 15"by 93" batts became mold infested and we don't feel comfortable having them
remain in the basement. There also appears to be a mold issue on the ceiling/underside of the floorboard in the
part of the house that seems to be near the wall separating the front bedroom from the bathroom. Strangely, I
would guess it is more under the bedroom than the bathroom. Please see the attached photos in these regards.
http://www.nextag.com/r19-insulation/products-html each of those batts are about $40. 8 x $40= $320. We
could replace and install new r19 insulation if you like in exchange for $380 off one month's rent. Additionally,
we could spray some anti-mold products on the effected ceiling parts for $50.
Of course, we are only offering ways to address these matters.
Sincerely,
Zach Coughlin
PS. the photos are attached and compressed into a .rar file. Winrar or 7Zip can be download for free from
download.com to open the archive and view these high resolution photos.
135 of 136 1/5/2012 3:53 PM
Subject: Re: key for back door
Date: Fri, 26 Mar 2010 22:09:17 -0400
From: magunda@aol.com
zach, i thought the front door key fit the back door too. if it does not i will ask darlene to rekey the door. please get
back to me. thanks.
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: magunda@aol.com
Sent: Fri, Mar 26, 2010 1:27 pm
Subject: RE: key for back door
Hi Matt,
Can we get a key for the back door?
From: stars@softcom.net
CC: melissa.l.ulloa@gmail.com
Subject: key for back door
Date: Mon, 22 Mar 2010 08:32:18 -0700
Melissa and Zach,

I do not have any extra keys. I would ask Matt he may know where they are. I am glad you are settling in and
enjoying your new diggs. Enjoy!

Best wishes,
Darlene Sharpe
Hotmail: Trusted email with Microsofts powerful SPAM protection. Sign up now.=
The New Busy is not the too busy. Combine all your e-mail accounts with Hotmail. Get busy.
136 of 136 1/5/2012 3:53 PM
121 River Rock
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Wed 12/14/11 1:51 PM
Cc: 'Richard Hill' (rhill@richardhillaw.com)
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 cant tell what else. The contents of the residence appear to
have been rifled through.
I am providing you with this information as a courtesy. This email does NOT constitute permission for you to go
to the River Rock property.
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this
communication to anyone other than the intended recipient. If you have received this message in error, please notify the sender and delete the email message from
To ensure compliance with requirements imposed by the IRS, we informyou that any U.S. federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed herein.
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=c6...
1 of 6 1/5/2012 8:39 PM
RE: your full rental value estimate
Sent: Mon 12/19/11 12:04 PM
To: zachcoughlin@hotmail.com; 'Richard Hill' (rhill@richardhillaw.com)
Mr. Coughlin:
Are you merely posing hypothetical questions, or are you prepared to deal with reality and pay what you owe?
We told you that Dr. Merliss is still willing to work with you, even though he is no longer under any obligation to
do so. See my letter to you dated December 2, 2011.
What are you willing to do?
Casey Baker
Sent: Monday, December 19, 2011 6:16 AM
To: cdbaker@richardhillaw.com; Richard Hill
Subject: your full rental value estimate
Is way too high. Its not based on any Lease Agreement....I don't agree you get to rewrite
NRS to avoid moving things, and the lower cost of a storage shed...but even if you do win
on that point, see the attached evidence suggesting the rental value for BOTH properties on
252 Mill St. (its one plot that contains both house, Dr. Merliss bought them for $545K total
in 2006, now they are worth $155K TOGETHER. The zillow estimate for rent is $652 a
month for both properties all TOGETHER. You are goign to go into court alleging a fair
market value of $900, and I strongly consider moving for sanctions for misconduct
committed in the presence of the court under NRS 7.085.
If I can pay your demanded "storage fees" today, can I access my property?
2 of 6 1/5/2012 8:39 PM
If I can pay both your demanded "storage fees" and the "securing" expenses of $1060, can I
access my property?
If I can pay all "storage fees" or "securing expenses", but cannot afford to make a showing
in accordance with your other demands, are you refusing to allow me to access and retrieve
my property?
If I can pay all your demands, and make all showings, but refuse to start moving my
property but removing everythign on the outside of the house first, are you refusing to allow
me to access and retrieve my property?
Please note, despite your written promises to and written statements in pleadings on file
with the court that you were allowing me to, you have continued to fail to provide me
access to the client files connected to my law practice.
What say you of the offset for the over $3,000 of property burglared due to your negligent
"storing"?
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
3 of 6 1/5/2012 8:39 PM
FW: An adult conversation
privilege.
Sent: Thu 12/29/11 8:03 AM
Cc: rhill@richardhillaw.com
Mr . Coughl i n:
I n t he event you di d not r ecei ve t he emai l bel ow because you added Mr . Hi l l
back on your bl ocked sender s l i st , I amr esendi ng i t t o you.
As an at t or ney, I amsur e you r ecogni ze t hat t hi s i s yet anot her oppor t uni t y
f or you t o mi t i gat e what you cl ai mt o be your damages. I suggest you t ake
i t .
May we pl ease hear f r omyou?
Casey Baker
- - - - - Or i gi nal Message- - - - -
Fr om: Ri char d Hi l l [ mai l t o: r hi l l @r i char dhi l l aw. com]
Sent : Wednesday, December 28, 2011 9: 03 AM
To: ' zachcoughl i n@hot mai l . com'
Subj ect : An adul t conver sat i on
Mr . Coughl i n - l et ' s have a r eal i t y check.
1- your l i st of " st ol en" i t ems cont i nues t o spi r al t hr ough f ant asyl and.
You know WE di dn' t t ake any of your st uf f .
I f you di d t hi nk we t ook your st uf f , you woul d have f i l ed a pol i ce r epor t .
2- i f we don' t have i t , t hen who does??
The most l i kel y candi dat e- - - - >YOU! !
You t ur ned br eaki ng i nt o t hat house i nt o an ar t f or m, bef or e you wer e
ar r est ed & f i nal l y l ocked out .
Who, besi des you, woul d have known t hat t her e was anyt hi ng i n t he basement
t o st eal ?
Who, besi des you, woul d have known how t o wor k t he l i ght s down i n t hat
spi der hol e you wer e l i vi ng i n?
Why haven' t you f i l ed a pol i ce r epor t ?
4 of 6 1/5/2012 8:39 PM
3- Dr . Mer l i ss i s onl y l i abl e f or negl i gence i n t er ms of deal i ng wi t h any of
your pr oper t y- l ook at t he st at ut e.
The f act s t hat you had t o ki ck t he f r ont door down, and t hen had t o t ake t he
back door apar t , show t hat adequat e pr ot ect i ons wer e t aken. You di d not gai n
ent r y t hr ough t he wi ndow wi t h t he ai r condi t i oner - at l east as f ar as we
know, so i t i s a non- i ssue. Ther e i sn' t a j udge i n t own who wi l l not gr ant
summar y j udgment on t hat i ssue.
4- I F you r eal l y had t he st uf f you say, and I F you r eal l y di dn' t t ake i t ( or
know who di d) , t hen you woul d be f i l i ng a pol i ce r epor t .
That woul d do t wo t hi ngs:
Fi r st , i t woul d hel p your abysmal l ack of cr edi bi l i t y Second, i t woul d
possi bl y t r i gger t he cops t o go l ook f or your st uf f & maybe get i t back.
5- your cl ai ms.
The onl y r eal cl ai myou have i s a mal pr act i ce cl ai magai nst your sel f .
Your wor k pr oduct i s t er r i bl e, and, most of t he t i me, you can' t even get i t
f i l ed and ser ved.
Pl ease l ook at RPC 1. 1( compet ence)
6- nei t her Mr . baker nor I wi l l t ake your cal l s.
Al l you do i s hassl e & har angue.
Conf i ne your sel f t o wr i t t en communi cat i ons.
7 - we don' t want t he st uf f l ef t i n t he house, but we don' t t r ust you - at
al l .
Your st unt l ast t i me, announci ng t hat you wer e goi ng t o st ay, does not
i nspi r e us t o pl ace ANY conf i dence i n anyt hi ng you say.
I f you want i n, you need t o do up a st i pul at i on & or der , t o be appr oved by
j udge Fl anagan. Suggest t hat you use Sf er r azza' s or der as a st ar t i ng poi nt .
I t needs t o i ncl ude a wai ver of your secur i t y deposi t . I t wi l l need t o
i ncl ude si gned wai ver s by you & your posse ( and we want t he ones f r omt he
l ast vent ur e - a compl i ance/ cr edi bi l i t y t hi ng! ! ) . The boar ds on t he back
st ay up ( your f aul t on t hat one! ) ; you need t o f i x t he back gat e and, you
need t o be done by 5 on Fr i day ( 12/ 30/ 11) . We need t o be ver y speci f i c t hat
you ar en' t t aki ng anyt hi ng at t ached t o t he house, or any f l oor i ng - except
t he car pet i n t he basement and out si de. You need t o l i st what you t hi nk you
want t o t ake f or our appr oval .
That means no games by you on t he t er ms - you need t o get movi ng & submi t
somet hi ng f or our consi der at i on. I wi l l edi t i t , but i f i t i s goi ng t o t ake
any mor e t han about 1/ 2 hour of my t i me, i t wi l l make i t cheaper t o j ust
t hr ow t he st uf f away. We do have an or der t hat we can di spose of t he
pr oper t y and hol d you f or t he cost . You shoul d r egar d what you send as an
of f er t hat we may or may not t ake.
We may count er .
I f you send over mor e of your sel f - ser vi ng cr ap, t he deal i s of f . We ar e not
l ooki ng t o engage i n t he pr ot r act ed haggl i ng t hat you so l ove.
We do not have a deal unt i l t he j udge si gns of f Show us how good a j ob you
can do - you know what we wi l l want .
We t hi nk t hat you ar e mor e i nt er est ed i n t he hassl e and t he at t ent i on t han
any r eal pr ogr ess.
Agai n, don' t cal l or wast e our t i me
Rgh
5 of 6 1/5/2012 8:39 PM
CONFI DENTI AL: ATTORNEY WORK PRODUCT; ATTORNEY- CLI ENT PRI VI LEGE Thi s e- mai l
may cont ai n l egal l y pr i vi l eged or conf i dent i al i nf or mat i on. I f you ar e not
t he i nt ended r eci pi ent , pl ease do not r ead, copy, use, or di scl ose t hi s
communi cat i on t o anyone ot her t han t he i nt ended r eci pi ent . I f you have
r ecei ved t hi s message i n er r or , pl ease not i f y t he sender and del et e t he
emai l message f r omyour syst em. Thank you.
Ci r cul ar 230 Not i ce.
To ensur e compl i ance wi t h r equi r ement s i mposed by t he I RS, we i nf or myou
t hat any U. S. f eder al t ax advi ce cont ai ned i n t hi s communi cat i on ( i ncl udi ng
any at t achment s) i s not i nt ended or wr i t t en t o be used, and cannot be used,
f or t he pur pose of ( i ) avoi di ng penal t i es under t he I nt er nal Revenue Code or
( i i ) pr omot i ng, mar ket i ng or r ecommendi ng t o anot her par t y any t r ansact i on
or mat t er addr essed her ei n.
- - - - -
No vi r us f ound i n t hi s message.
Checked by AVG - www. avg. com
Ver si on: 2012. 0. 1901 / Vi r us Dat abase: 2109/ 4708 - Rel ease Dat e: 12/ 28/ 11
6 of 6 1/5/2012 8:39 PM
RE: interference with my right to get my property
Sent: Sat 12/24/11 6:29 AM
your lying knows no bounds - does it?
you need to take stock of yourself.
just where do you think you will be in 5 years??

stay away from the property!
Sent: Saturday, December 24, 2011 1:45 AM
To: Richard Hill; cdbaker@richardhillaw.com; psferrazza@washoecounty.us
Sincerely,
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=a6...
1 of 9 1/5/2012 8:34 PM
An adult conversation
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
privilege.
Version: 2012.0.1873 / Virus Database: 2109/4700 - Release Date: 12/24/11
Sent: Wed 12/28/11 9:00 AM
2 of 9 1/5/2012 8:34 PM
to steal?
get it back.
5-your claims.
filed and served.
all.
3 of 9 1/5/2012 8:34 PM
Offer withdrawn
We may counter.
any real progress.
Rgh
Sent: Fri 12/30/11 7:04 AM
Rgh
4 of 9 1/5/2012 8:34 PM
RE: Offer withdrawn
Sent: Fri 12/30/11 8:18 AM
mr coughlin - whatever "evidence" you may have had was under your control.
your case = your responsibility.
we are not obligated to rummage through the garbage you & your posse left at the property, just to try to satisfy some
wild goose chase you have invented.
we have a court order.
even if you get reversed, acting pursuant to the order is reasonable.
you should have gotten a stay - or taken our offer.
of course, that would have required real legal work in a real court

new address?? be sure to tell DMV

as for my future, which one of us do you think will have their law license longer???

rgh
Subject: Re: Offer withdrawn
I had to move again over the last couple days 8 want my property, dispose of it at yours and your clients own
liability. I didnt get your email until late last night and i still dont consent to service of anything from you or your
firm electronically. You are on a litigation hold notice as to the moldy insulation in a clear water tight bag in the
front of the property and as to any video, photo, or other evidence you have collected. You allegation that i
burglared the property is pathetic and beneath you. Did you file a police report when the property was
burglarized on approx December 12th? You are making other people look bad.
Sent from my HTC
5 of 9 1/5/2012 8:34 PM
RE: ADR
Date: Fri, Dec 30, 2011 7:07 am
Rgh
Sent: Fri 12/30/11 8:23 AM
this email further demonstartes your utter lack of competence as a lawyer
Subject: ADR
Your contractor and you may face fraud charges for charging $1,060 to board up the porch with screws in
plywood facing the exterior, leaving the window unit ac in without a brace, leaving property on the yard abutting
6 of 9 1/5/2012 8:34 PM
the exterior fence, etc. I want the desk too. Rich, please don't do this to yourself, you have such a bright future
why muddy it up with your sanctionable conduct? You are better than that, I know it.
Date: Wed, Dec 28, 2011 9:03 am
to steal?
get it back.
5-your claims.
filed and served.
7 of 9 1/5/2012 8:34 PM
all.
We may counter.
any real progress.
Rgh
8 of 9 1/5/2012 8:34 PM
RE: TRO
Emergency motiom
Sent: Fri 12/30/11 9:09 AM
Cc: cdbaker@richardhillaw.com
is that what the voices are telling you???
To: Richard Hill; cdbaker@richardhillaw.com; knielsen@richardhillaw.com
Subject: TRO
Rich,
tribunal.
Sent: Thu 1/05/12 2:16 PM
1 attachment
CV11-03628-2628892.pdf (139.9 KB)
Zach - wanted to make sure you were served with this
Regards
Rgh
9 of 9 1/5/2012 8:34 PM
SUPPLEMENTAL TO REPLY TO OPPOSITION TO PLAINTIFF'S
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE
ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT
PLEASE NOTE THAT THE UNDERSIGNED COUNSEL APOLOGIZES FOR
THE SOMEWHAT SLAPDASH NATURE OF THIS FILING, HOWEVER, IT
MUST BE EXCUSED TO SOME EXTENT CONSIDERING THE
UNDERSIGNED JUST SPENT ! HOURS IN JAIL AFTER THE RENO POLICE
SUPPLEMENTAL REPLY TO OPPOSITION TO PLAINTIFF'SEMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE;
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1
Document Code: 3795
Zach Coughlin, Esq.
NV Ba No: 9!73
1!"" E. 9th #t. $"
%eno, NV &95'1
(ele: 775)""9)*737
+a,: 9!9)**7)7!'"
-o .e /..ellant
ZachCoughlin0hotmail.com
/ttone1 2o 3oni and 3ames Ca.entie
3/4E# C/%-EN(5E%, E( /6,
-lainti22
7.
//4E# +8ND5N9 C:%- E(/6,
De2endant

Case No: CV'&)'17'9
De.t No: 7
SUPPLEMENTAL REPLY TO
OPPOSITION TO PLAINTIFF'S
EMERGENCY MOTION FOR
TRO/INJUNCTION; or PLED IN THE
ALTERNATIVE; MOTION TO SET
ASIDE ORDER GRANTING
SUMMARY JUDGMENT
5N (;E #EC:ND 38D5C5/6 D5#(%5C( C:8%( :+ (;E
#(/(E :+ NEV/D/ 5N /ND +:%
(;E C:8N(< :+ =/#;:E
F I L E D
Electronically
01-13-2012:07:36:54 AM
Clerk of the Court
DEPARTMENT "WITH THE HELP OF OPPOSING COUNSEL IN THE
UNDERSIGNED EVICTION FROM HIS LAW OFFICE CASE, RICHARD G#
HILL, ES$% ARRESTED THE UNDERSIGNED FOR &JAYWAL'ING& OR
&FAILURE TO USE A SIDEWAL' WHERE PRESENT& OR SOME OTHER
SUCH CHARGE WHILE THE UNDERSIGNED WAS IN THE COURSE OF
FILMING THE DESTRUCTION OF ITEMS OF PERSONAL PROPERTY "LI'E
THE LAST THING THE UNDERSIGNED'S GRANDMOTHER GAVE HIM
BEFORE SHE DIED, LI'E THE CARICTURE DRAWING OF THE
UNDERSIGNEDS GIRLFRIEND AND DOMESTIC PARTNER FOR FIVE
YEARS WHOSE !! YEAR OLD COUSIN JUST DIED IN A CAR ACCIDENT
DAYS AGO% PEACEABLY AND ON PUBLIC PROPERTY AND AFTER A
RENO PD OFFICER WHO ACTUALLY HAS SOME CLASS INFORMED
RICHARD HILL THAT THE UNDERSIGNED WAS NOT DOING ANYTHING
ILLEGAL# BUT THEN IN COMES OFFICER DEL VECHIO WHO ACTUALLY
&DREW DOWN& AFTER SCREACHING TO A HALT AND VEERING ACROSS
THE LANE OF ONCOMING TRAFFIC ON THE UNDERSIGNED THIS
SUMMER IN FRONT OF THE SAME LAW OFFICE AT NIGHT DUE TO THE
UNDERSIGNED'S MOUNTAIN BI'E, ALLEGEDLY LAC'ING A PROPER
LIGHT, AND NOTHING ELSE# TODAY, WHILE BEING ARRESTED FOR
JAYWAL'ING "DESPITE THE FACT THAT RICHARD HILL'S CREW OF
MOVERS HAD THEIR TRUC' PAR'ED IN THE MIDDLE OF THE
SIDEWAL' THE UNDERSIGNED WAS ON% RICHARD HILL WENT BAC'
TO A PLACE HE REALLY, REALLY LI'ES, THE RENO JUSTICE COURT,
AND APPARENTLY GOT HIMSELF A PROTECTION ORDER, THEN DROVE
OFF IN ONE OF HIS APPROXIMATELY PORCHES WEARING A SHIRT
WITH FLAMING S'ULLS ON IT IN A REPEATING ED HARDY INSPIRED
DESIGN# THE UNDERSIGNED WAS DENIED ANY PHONE CALLS AT THE
WASHOE COUNTY JAIL FOR AT LEAST ( HOURS, IMMEDIATELY
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT "
PLACED IN A SOLITARY CONFINEMENT STYLE ICE LOC'ER DESPITE
HAVING MADE NO DEMONSTRATION OR RESISTENCE OR
DEMONSTRATING ANY INAPPROPRIATE CONDUCT TO THE JAIL STAFF,
WHEREUPON SEVERAL JAIL NURSE REFUSED TO PROVIDE MEDICAL
CARE "EXCESSIVE FORCE WAS USED DURING THE ARREST, WHICH
APPARENTLY, WAS CONDUCTED BY AN OFFICER LEEDY THAT OFFICER
DEL VECHIO WAS &TRAINING&, THEN MONEY WAS STOLEN FROM THE
UNDERSIGNED BY THE JAIL STAFF, A DEPUTY ADAMS, IN FRONT OF
DEPUTY DOCIO INFORMED THE UNDERSIGNED THAT HE &DIDN'T GIVE
A SHIT IF A DIPSHIT LI'E YOU HAS LIFE THREATENING MEDICAL
ISSUES& AND REFUSED TO SUMMON A NURSE# THE WASHOE COUNTY
JAIL FOUND IT APPROPRIATE TO FINALLY RELEASE THE
UNDERSIGNED FROM JAIL AFTER MA'ING HIM PAY SOME OF THE
LAST MONEY HE HAD FOR &BAIL&, TA'ING MOST OF THE REST OF THE
MONEY THE UNDERSIGNED HAD AND CLAIMING IT WAS EITHER
&LOST& OR THAT &THEY WERE WRONG EARLIER WHEN THE SWORE
THAT THAT AMOUNT WAS ALL YOU WOULD NEED TO BAIL OUT&
WHEREUPON THE JAIL STAFF DECIDED TO POC'ET CASH FROM THE
UNDERSIGNED, WITHOUT HIS CONSENT, PRIOR TO RELEASE# THE JAIL
SAW FIT TO RELEASE THE UNDERSIGNED ONLY MINUTES AFTER THE
LAST BUS FOR THE NIGHT LEFT PARR BLVD, AND AT )** AT NIGHT,
WITH THE UNDERSIGNED DRESS ONLY IN A THIN SHIRT AND JEANS,
THE TEMPERATURE A FREEZING !+ DEGREES, AND THE UNDERSIGNED
HAVING ,! IN HIS POC'ET, WHEREUPON THE UNDERSIGNED CALLED
- AND WAS HUNG UP ON BY SUPERVISOR &'ARI& WHO INFORMED
THE UNDERSIGNED THAT SHE 'NEW EVERYTHING THE RENO PD
COULD OR WOULD DO AND THAT THEY WOULDN'T DO ANYTHING
WRONG, AND THEN 'ARI REFUSED TO DIVULGE THE IDENTITY OF THE
- OPERATORS WHO INFORMED THE UNDERSIGNED THAT
HYPTHERMIA OR EXPOSURE TO COLD WEATHER DID NOT CONSITUTE
AN EMERGENCY, NEITHER WOULD A SITUATION WHERE POLICE OR
SHERIFF PERSONNEL WERE CONSPIRING TO MURDER SOMEONE RISE
TO THE LEVEL OF EMERGENCY# FINALLY THE UNDERSIGNED GOT TO
HIS VEHICLE, NEAR THE SIENNA HOTEL, ONLY TO PROMPTLY BE
PULLED OVER BY +.( ARMED RENO PD OFFICERS WHOM CITED THE
FACT THAT THE UNDERSIGNED LICENSE PLATE WAS GONE "IT HAD,
APPARENTLY, MYSTERIOUSLY DISAPPEARED WHILE THE
UNDERSIGNED WAS IN JAIL FOR A CUSTODIAL ARREST FOR
&JAYWAL'ING&, SOMETHING RICHARD HILL, ES$# DID IN FRONT OF
THESE VERY SAME OFFICERS SEVERAL TIMES WHILE THE
UNDERSIGNED WAS IN THE PATROL CAR%, INCLUDING ONE WHOM THE
UNDERSIGNED HAS SUBMITTED A COMPLAINT REGARDING TO THE
RENO PD JUST DAYS BEFORE, OFFICER NICHOLAS DURALDE, WHOM
WAS PRESENT WHEN OFFICER RON ROSA ATTEMPTED TO EXTORT A
CONFESSION OR CONSENT TO SEARCH FROM THE UNDERSIGNED
DURING AN INCIDENT IN AUGUST BY, IN ROSA'S WORDS &CALLING THE
STATE BAR& AND DEFAMING THE UNDERSIGNED, WHEREUPON
OFFICER DURALDE COMMITTED EGREGIOUS POLICE MISCONDUCT# IT
IS IMPORTANT TO NOTE THAT RENO PD OFFICER CARTER PREVIOUSLY
INFORMED THE UNDERSIGNED THAT &RICHARD HILL PAYS HIM A LOT
OF MONEY AND THEREFORE HE WILL ARREST WHO RICHARD HILL
SAYS TO AND HE WILL DO WHAT RICHARD HILLS SAYS&# PREVIOUSLY,
RENO PD SARGENT TARTER HAS TIC'ETED THE UNDERSIGNED FOR
FAILURE TO STOP COMPLETELY BEFORE THE WHITE LINE AT A STOP
SIGN, IN A RETALIATORY FASHION, AFTER THE UNDERSIGNED LEFT
RICHARD HILL, ES$#S OFFICE, WHERE RICHARD HILL HAD BEEN
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT !
REFUSING TO TURN OVER THE UNDERSIGNED STATE OF NEVADA
DRIVER'S LICENSE FOR OVER ONE WEE'# FURTHER, RICHARD HILL'S
LICENSED CONTRACTOR "WHOM HAD PREVIOUSLY SUBMITTED WHAT
APPEARS TO BE A FRAUDULENT BILL FOR ,*(* TO BOARD UP AND &FIX
A LEA' IN THE BASEMENT& "THE LEA', HE INFORMED THE
UNDERSIGNED, HE ACTUALLY JUST FIXED OUT OF THE &GOODNESS OF
HIS HEART&% AS, SOMEHOW, $UALIFYING AS &REASONABLE STORAGE,
MOVING, AND INVENTORYING EXPENSES& LANDLORD LIEN UNDER NRS
/A#0-*, DESPITE THE FACT THAT THE CONTRACTOR USED THE
UNDERSIGNED'S OWN WOOD AND PLYWOOD TO BOARD UP THE
PROPERTY DESPITE CHARGING ,*(* FOR DOING SO AND WHOM
TODAY WAS THROWING AWAY THE CALIFORNIA NUEROSURGEON,
MATTHEW JOEL MERLISS, MD#'S CARPET, WHILE RICHARD HILL WAS
APPARENTLY READYING HIMSELF TO SUE THE UNDERSIGNED BOTH
FOR THE COST OF DISPOSING IT AND FOR COST OF IT AS PROPERTY,
AND BOTH OF THESE DISCOVERIES SEEMED TO VEX THE
CONTRACTOR SO COMPLETELY THAT HE FELT IS NECESSARY TO
CALL UP RICHARD HILL RIGHT AWAY AND HAVE RICHARD DO HIS
THING WITH THE RENO PD "LI'E WHEN OFFICER CARTER AND
OFFICER LOPEZ ARRESTED THE UNDERSIGNED FOR TRESPASSING
DESPITE NOT ONCE IDENTYING THEMSELVES PRIOR TO ARREST AS
OFFICER AND NO ONE HAVING AS'ED THE UNDERSIGNED TO LEAVE
THE PREMISES, AND WHERE THESE OFFICERS, AGAIN, STRANGELY,
FOUND THE UNDERSIGNED NOT &CANDIDATE FOR A CITATION&# THE
ARREST TODAY WAS PARTICULARLY CONVENIENT FOR RICHARD HILL
CONSIDERING IT PREVENTED ANY FILMING OF THE DESTRUCTION OF
PROPERTY HE WAS ENGAGING IN# RICHARD HILL PREVIOUSLY GAVE
THE UNDERSIGNED A BAG OF TRASH IN RESPONSE TO THE
UNDERSIGNED'S DEMAND THAT HILL CEASE APPLYING AN UNLAWFUL
RENT DISTRAINT TO THE UNDERSIGNED'S CLIENT'S FILES# FURTHER,
WHEN THE UNDERSIGNED REFERENCE THE DAMAGE RICHARD HILL
WAS DOING TO CLIENT'S INTERESTS IN CASES JUST LI'E THE
CARPENTIER'S, RICHARD HILL, IN JUDGE SFERRAZZAS COURT ROOM
WATCHING THE PROCEEDINGS AND PERIODICALLY CROSSING THE
BAR TO PASS POST IT NOTES TO CASEY BA'ER "DESPITE JUDGE
SFERRAZZA DIRECTING HILL AND OTHER WITNESSES TO LEAVE THE
COURTROOM UNTIL CALLED TO TESTIFY% MADE A MASTURBATORY
JESTURE AND EXTREMELY DISMISSIVE AND CRUDE FACIAL
EXPRESSION AS IF TO SIGNAL HOW LITTLE HE CARED ABOUT THE
FORECLOSURE DEFENSE OF MIDDLE CLASS AMERICANS AND CITIZENS
OF WASHOE COUNTY LI'E JOAN AND JIM CARPENTIER#
4u.h1 7. #im.son Dua>Vent Co., 5nc., "''9 =6 !5&*'9 ?=.D.6a."''9@
?holding that an em.lo1e su22icientl1 demonstated good cause to set aside a de2ault
Audgment Bhee the em.lo1e agued that the em.lo1ee did not se7e the em.lo1e 2o
moe than si, months a2te the 2iling o2 the com.laint, se7ed the Bong com.an1, and
the em.lo1e immediatel1 attem.ted to oCtain an e,tension. (he em.lo1e also
immediatel1 2iled a motion to set aside the ent1 o2 de2ault Bhen it leaned that an
e,tension o2 time Bas una7ailaCle. +uthe, the em.lo1e .esented se7eal Dmeitoious
de2ensesE to the em.lo1eeFs claims@. +ed.%.Ci7.-. 55?c@ .o7ides that a cout ma1 set
aside an ent1 o2 de2ault 2o Dgood cause,E and it ma1 set aside a de2ault Audgment unde
+ed.%.Ci7.-. *'?C@. (he undesigned has located thee ?3@ cases in Bhich the 8.#. +i2th
Cicuit Cout o2 /..eals has Ceen con2onted Bith a motion to set aside a de2ault
Audgment Cased u.on a 2ailue to .o7ide notice as equied C1 +ed.%.Ci7.-. 55?C@?"@. 5n
the 2ist case, #a7oetti 7. %odigueG>3imineG, "5" +."d "9' ?5th Ci.195&@, the +i2th
Cicuit concluded that the distict cout eed in 2ailing to set aside a Audgment C1 de2ault
that had Ceen enteed Bithout the notice equied C1 +ed.%.Ci7.-. 55?C@?"@, and the
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT *
de2ault Audgment Bas thee2oe 7acated and the matte emanded 2o 2uthe .oceedings.
5n eaching that conclusion, the +i2th Cicuit onl1 geneall1 e2eed to +ed.%.Ci7.-. *'?C@
as its Casis and did not indicate Bhethe it Bas el1ing u.on a .aticula suCsection o2 that
.o7ision.+N1 +N1. (he cicuits ae s.lit as to Bhethe the 2ailue to .o7ide notice as
equied C1 %ule 55?C@?"@ endes a de2ault Audgment 7oid, unde %ule *'?C@?!@, o Aust
7oidaCle, unde %ule *'?C@?*@. #ee, CitiGens BanH 7. -anes, "'1' =6 1753"9*, >>>>&>9
?*th Ci."'1'@?citing cases 2om 7aious cicuits that ae s.lit on the issue@. =hile the
+i2th CicuitFs decision in #a7oetti suggests that the 2ailue to gi7e notice might ende a
de2ault Audgment 7oid unde %ule *'?C@?!@, the +i2th Cicuit did not s.eci2icall1 el1 u.on
%ule *'?C@?!@ in endeing its decision in that case, and its suCsequent decisions,
discussed in2a, indicate instead that the 2ailue to .o7ide notice as equied C1 %ule
55?C@?"@ endes a de2ault Audgment 7oidaCle unde %ule *'?C@?*@ since the +i2th Cicuit
s.eci2icall1 elies u.on that .o7ision in those cases. I3 #uCsequentl1, the +i2th Cicuit
endeed decisions in Chalton 6. Da7is J Co., -.C. 7. +edde Data Cente, 5nc., 55* +."d
3'& ?5th Ci.1977@ and (une 7. #al7atiea, 5&' +."d -age 3 #li. Co.1, "'11 =6
519'"&" ?4.D.6a.@ ?Cite as: "'11 =6 519'"&" ?4.D.6a.@@ 199 ?5th Ci.197&@, Bheein
it Cased its decisions to 7acate de2ault Audgments on +ed.%.Ci7.-. *'?C@?*@. 5n Coth o2
those cases, the +i2th Cicuit concluded that the de2ault Audgments should Ce 7acated
Cecause o2 the 2ailue to .o7ide notice as equied C1 +ed.%.Ci7.-. 55?C@?"@ and Cecause
the .at1 mo7ing to set aside the de2ault Audgment set 2oth a Dmeitoious de2enseE to the
laBsuit.+N" +N". #ee also, #e7en El7es, 5nc. 7. EsHenaGi, *35 +."d 39* ?5th Ci.19&1@
?Bhee the +i2th Cicuit elected not to chaacteiGe a Audgment as a de2ault Audgment o a
Audgment enteed a2te a tial on the meits, noting that %ule *'?C@ is a..licaCle to Coth
t1.es o2 Audgments. 5n eaching its decision that the %ule *'?C@ motion to 7acate should
ha7e Ceen ganted, the +i2th Cicuit consideed the 2act that ?1@ the mo7ants seeHing to set
aside the Audgment asseted a meitoious de2ense, ?"@ the1 timel1 2iled the motion to set
aside the Audgment Bithin a DeasonaCle timeE Cecause it Bas 2iled Bithin one ?1@ 1ea o2
the Audgment Ceing enteed and Bithin tBel7e ?1"@ da1s o2 the mo7ants oCtaining
HnoBledge o2 the AudgmentK and ?3@ Cecause a Dcon2luence L M o2 unusual cicumstancesE
esulted in the mo7ants not Ceing .esent at an e7identia1 heaing Bhee Audgment Bas
enteed against them@. 5n su..ot o2 his motion to 7acate the de2ault Audgment:nce the
Ca.enties 2ound out that the :de +o #umma1 3udgment e,isted and undestood its
im.act, the1 immediatel1 sought to etain counsel, ha7ing to settle moe the loBest, most
Casest o.tion an1one could imagine, hiing the undesigned a2te eading his incoheent
Caigslist .osting. /nd noB the1 shoB a meitoious de2ense and then some.
6e17a 7. NatFl De2ault #e7icing Co.., "55 -.3d 1"75 ?Ne7."'11@. N5n
6e17a, the Ne7ada #u.eme Cout addessed the issue o2 Bho has
standing to 2oeclose on a .o.et1 .usuant to a deed o2 tust o a
motgage note. /t the outset, the Cout disagees Bith De2endants that
6e17a is o2 no .ecedential 7alue in this suit meel1 Cecause it Bas
.imail1 2ocused on com.liance Bith Ne7adaFs 2oeclosue mediation
statutes. :n the conta1, the 6e17a cout 2ound it necessa1 to
detemine a .at1Fs standing to 2oeclose on the .o.et1 at issue in that
case and to clai21 Ne7ada 2oeclosue laB in light o2 the Dincease in
the numCe o2 2oeclosue a..eals in this state.E "55 -.3d at 1"&1.
/ccodingl1, the Cout Bill addess the a..lication o2 6e17a to the
instant case, Hee.ing in mind that onl1 clea eo andO o mani2est
inAustice Austi2ies ganting -lainti22 elie2 2om ou .e7ious :de ?$ "5@
.usuant to %ule 59?e@. I3 #.eci2icall1, -lainti22 claims that 6e17a
stands 2o the .o.osition that a .at1 cannot initiate a non)Audicial
2oeclosue until it estaClishes Bho the Dtue holdeE o2 the note is and
the tue holdeFs elationshi. Bith the entities 2oeclosing on the
.o.et1 as a matte o2 standing. -lainti22 claims that De2endants in this
case ha7e 2ailed to estaClish thei standing -age 3 #li. Co.1, "'11 =6
5"!&171 ?D.Ne7.@ ?Cite as: "'11 =6 5"!&171 ?D.Ne7.@@ to 2oeclose.
-lainti22 2inds su..ot in the 6e17a CoutFs assetion that DLtMhe oCligo
on the note has the ight to HnoB the identit1 o2 the entit1 that is
Pentitled to en2oceQ the motgage note unde /ticle 3 Lo2 the 8ni2om
Commecial Code ?D8.C.C.E@ M, see N%# 1'!.33'1, PLoMtheBise, the
LhomeoBneM ma1 .a1 2unds to a stange in the case.Q E "55 -.3d at
1"79>&' ?quoting 5n e Veal, !5' B.%. &97, 9"' ?B./.-. 9th Ci."'11@@.
=hile at 2ist glance this .o.osition a..eas to su..ot -lainti22Fs claim,
the 6e17a Cout Bas addessing en2ocement o2 a note DC1 a .at1 othe
than to Bhom the note is oiginall1 .a1aCle.E "55 -.3d at 1"&'. (he
6e17a Cout Bent on to hold that 2o such a note to Ce en2oceaCle C1
someone othe than the oiginal .at1 named on the note, it must Ce
assigned eithe C1 negotiation o tans2e in accod Bith /ticle 3 o2 the
8.C.C., as codi2ied in Ne7ada %e7ised #tatues ?DN%#E@ R 1'!.3"'1.
"55 -.3d at 1"&'>&1. 5n this case, the Audiciall1 noticed documents
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT &
con2im that the oiginal .at1 named on the Note, De2endant
9een-oint, is the .at1 seeHing to en2oce the Note. (he Note Bas
oiginall1 made .a1aCle to the ode o2 the 6ende, 9een-oint
4otgage +unding, 5nc. ?Note at 1 ?$ 9 E,. D@.@ (he Deed o2 (ust
names 9een-oint the 6ende, 4ain the (ustee, 4E%# the Cene2icia1
and nominee 2o 6ende, and e2es to the Note and .o.et1 at issue.
?Deed o2 (ust at " ?$ 9 E,. E@.@ (he Deed o2 (ust 2uthe .o7ides that
D4E%# ?as nominee 2o 6ende and 6endeFs successos and assigns@
has the ight: to e,ecise an1 o all o2 those inteests, including, Cut not
limited to, the ight to 2oeclose and sell the -o.et1K and to taHe an1
action equied o2 6ende ...E ?5d. at 3.@N -/%SE%, 7. 9%EEN-:5N(
4:%(9/9E +8ND5N9 5NC.K"'11 =6 5"!&171 ?D.Ne7.@@
NDoe agued in his %ule 59?e@ motion that the tial cout eed in den1ing his
%ule *'?C@ motion Cecause #u.eio Cout %ules 5 and 77 Bee 7iolated, in
deogation o2 his ights to notice and the o..otunit1 to Ce head. #u.e. Ct.
Ci7. %. 5?a@ states that De7e1 Bitten motion othe than one Bhich ma1 Ce
head e, .ate ... shall Ce se7ed u.on each o2 the .aties.E #e7ice unde
%ule 5?a@ ma1 Ce accom.lished C1 DLmMailing a co.1 to the last HnoBn
addess o2 the .eson se7ed.E #u.e. Ct. Ci7. %. 5?C@. D=ithout notice o2 an
im.ending gant o2 summa1 Audgment, a de2endant has no o..otunit1 to
Ce head ... Land so isM denied due .ocess o2 laB....E NeB <oH 6i2e 5ns. Co.
7. BoBn, &! +.3d 137, 1!3 ?5th Ci.199*@. L1"M #u.eio Cout %ule 77
demands that DLiMmmediatel1 u.on the ent1 o2 an ode o Audgment the
cleH shall se7e a notice o2 the ent1 in the manne .o7ided 2o in %ule
5?C@ u.on each .at1 Bho is not in de2ault 2o 2ailue to a..ea, and shall
maHe a note in the docHet o2 the se7ice.E #u.e. Ct. Ci7. %. 77?d@?1@.
9eneall1, a .at1 ma1 not el1 u.on a 2ailue to ecei7e notice o2 the ent1
o2 2inal Audgment as a Casis 2o elie2 2om that Audgment unde #u.e. Ct.
Ci7. %. *'?C@. 5d.K see also Distict o2 ColumCia 7. =atHins, *&! /."d 395,
39& ?D.C.199*@. ;oBe7e, as Be oCse7ed in =atHins, DLBMhile the actual
mailing o2 the notice is the citical element in the unning o2 the time 2o
notice o2 a..eal, Lcitation omittedM, the ule contem.lates that the mail Bill
Ce diected to the .at1Fs addesses Bhee he o she is liHel1 to ecei7e it.
:nl1 Bhen mail is .o.el1 diected can the act o2 mailing Austi21 the
.esum.tion o2 ecei.t.E 5d. at !'' ?citing (oome1 7. Distict o2 ColumCia,
315 /."d 5*5, 5*7 ?D.C.197!@@. =e held consequentl1 that Bhee the cout
cleH sent notice o2 the tial coutFs uling to the a..ellantFs .io addess
instead o2 to a..ellantFs Dlast HnoBn addessE and mailed the uling -age 13
9!& /."d 1"1' ?Cite as: 9!& /."d 1"1'@ though the coutFs Din)houseE
ciculation s1stem instead o2 though the Dodina1 mail,E and Bhee the
a..ellant did not ecei7e the ode, thee Bas Da su22icient shoBing o2
e,taodina1 cicumstances to su..ot the tial coutFs e,ecise o2 its
discetion to gant La..ellantFs %ule *'?C@ M motion.E +N1! 5d. +N1!.
#.eci2icall1, Be held that the a..ellantFs cicumstances made Dthe equisite
shoBing o2 e,taodina1 cicumstances 2o a 2inding o2 e,cusaCle
neglect....E 5d. (his Bas notBithstanding the geneal ule that D2o .u.oses
o2 %ule *'?C@, e,cusaCle neglect is undestood to encom.ass situations in
Bhich the 2ailue to com.l1 Bith a 2iling deadline is attiCutaCle to Lthe
.at1FsM negligenceE and that Da .at1Fs 2ailue to 2ile on time 2o easons
Ce1ond his o he contol is not consideed to constitute Pneglect.Q E -ionee
5n7. #e7. Co. 7. BunsBicH /ssocs. -Fshi., 5'7 8.#. 3&', 39!, 113 #.Ct.
1!&9, 1"3 6.Ed."d 7! ?1993@. L13ML1!ML15M ;ee, Cecause Be do not ha7e
Ce2oe us a co.1 o2 DoeFs %ule *'?C@ motion, Be cannot con2im diectl1
that the I1"19 motion ad7ised the cout that the cout cleH did not mail the
ode to DoeFs last HnoBn addess o that Doe e,.lained to the cout that he
2iled his motion immediatel1 a2te ecei7ing notice o2 the ode.+N15 But,
Cecause the #u.eio Cout AacHet contains the en7elo.e maHed Detun)to)
sendeE in Bhich the coutFs summa1 Audgment ode had Ceen mailed to
Doe at his .e7ious addess, the ecod maHes clea that Doe did not ecei7e
timel1 notice o2 the coutFs uling.+N1* =e also can in2e the content o2
DoeFs %ule *'?C@ motion 2om the coutFs uling on DoeFs %ule 59?e@ motion,
in Bhich the cout stated that Doe had not DaiseLdM an1 issues that Bee not
consideed in the CoutFs 3anua1 1", "''* :de Lden1ing his %ule *'?C@
motion 2o elie2M.E 5n his Cie2 and a22ida7it in su..ot o2 his %ule 59?e@
motionTand thus, .esumaCl1, in his %ule *'? C@ motion as BellTDoe
e,.lained that it Bas not until DecemCe 1", "''5, a2te ecei7ing a
es.onse 2om the cout to his inqui1 aCout the status o2 his litigation, that
he leaned o2 the DistictFs summa1 Audgment motion and the coutFs
summa1 Audgment uling, and that he 2iled his motion 2o elie2 2om
Audgment on the same da1. 5n light o2 the 2oegoing, the cout should not
ha7e egaded DoeFs %ule *'?C@ motion as uneasonaCl1 dela1ed. +N15.
D/..ellant has the Cuden o2 demonstating tial cout eo and must
.o7ide the a..ellate cout Bith a ecod su22icient to shoB a22imati7el1
that eo occued.E 3onathan =oodne Co. 7. /dams, 53! /."d "9", "9!
?D.C.19&7@. ;oBe7e, Doe is a .o se a..ellant and is incaceated,
cicumstances that Baant some lenience. DL-Mo se litigants ae not alBa1s
held to the same standads as ae a..lied to laB1es.E 4ac6eod 7.
9eogetoBn 8ni7. 4ed. Ct., 73* /."d 977, 9&' ?D.C.1999@ ?citation
omitted@. 4oeo7e, D.leadings .e.aed C1 .isones Bho do not ha7e
access to counsel Lae toM Ce liCeall1 constued.E 5d. +N1*. (hus, the cout
did not 2ul2ill its oCligation unde %ule 77?d@?1@ to Dse7e a notice o2 the
ent1 Lo2 summa1 AudgmentME C1 DLmMailing a co.1 to the last HnoBn
addess o2 the .eson se7ed.E #u.e. Ct. Ci7. %. 77?d@?1@. +uthe, Be can
in2e, 2om the tial coutFs Cie2 e2eence in its uling on the %ule *'? C@
motion, that Doe e,.lained in his motion, at the 7e1 least, that he had Ceen
tans2eed to a -age 1! 9!& /."d 1"1' ?Cite as: 9!& /."d 1"1'@ di22eent
2acilit1 and that he ne7e ecei7ed the DistictFs motion 2o summa1
Audgment. =ith the e,.lanation that he .o7ided, his change)o2)addess
notice that Bas docHeted Ce2oe the DistictFs summa1 Audgment motion
Bas 2iled, and his .io athe than cuent addess shoBn on the ceti2icate
o2 se7ice attached to the DistictFs motion, the cout had Ce2oe it e7idence
that at the 7e1 least called into question Bhethe Doe had e7e ecei7ed a
co.1 o2 the DistictFs motion. 5n light o2 all these cicumstances, Be must
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1'
conclude that the cout eed in den1ing DoeFs equest 2o elie2 unde %ule
*'? C@?!@ Bithout at least a heaing to inquie into mattes such as Bhethe
the Distict 2ailed to mail its summa1 Audgment motion to DoeFs last
addess o2 Bhich the Distict had Ceen a..ised and Bhethe the motion
.a.es Bee etuned as undeli7eaCle. +N17 /nd, as discussed in2a, such a
heaing Bould not Ce 2utile. +N17. =e cannot tell 2om the ecod Bhethe
the Distict HneB o should ha7e HnoBn that Doe had Ceen tans2eed to the
+C5 in (ennessee Bhen it mailed its motion 2o summa1 Audgment to the
+C5 in =est Viginia. DoeFs .aeci.e shoBs a mailing date o2 3ul1 "3, "''!,
and the #u.eio Cout date stam. and docHet sheet shoB that the cout
ecei7ed the .aeci.e on /ugust "3, "''!. 5t might Ce .esumed that the
Distict ecei7ed the change)o2)addess .aeci.e on o aCout the same date.
But it is also .ossiCle that the .aeci.e and the DistictFs /ugust "7, "''!
motion cossed in the mail, and that the Distict Bas not on notice o2 DoeFs
neB addess Bhen it attem.ted to se7e him C1 mail Bith its motion 2o
summa1 Audgment. C2. Sidd 5ntFl ;ome Cae, 5nc. 7. -ince, 917 /."d
1'&3, 1'&* ?D.C."''7@ ? Dthe alleged 2ailue o2 an indi7idual to ecei7e mail
sent to the coect addess unde these cicumstances does not constitute a
de.i7ation o2 due .ocessE@ ?intenal .unctuation and citation omitted@.
E7en in that case, hoBe7e, notice to Doe ma1 not ha7e Ceen
constitutionall1 adequate. C2. 3ones 7. 9ieg, &"9 /."d 195, 199 ?D.C."''3@
?holding, in a ta, sale case, that Bhile Dnotice C1 mail to the ecod oBne
geneall1 satis2ies due .ocess commands,E i2 Dthe notice is etuned
unclaimed, the Distict is then equied to taHe some additional ste. to
noti21 the ecod oBneE@ ?intenal quotation maHs and citations omitted@K
4alone 7. %oCinson, *1! /."d 33, 3& n. 9 ?D.C.199"@ ?D;ad the notice o2
e,.iing edem.tion .eiod not Ceen etuned, the DistictFs mailing o2 that
notice Bould ha7e ... Ceen constitutionall1 adequate, since se7ice C1 mail is
easonaCl1 calculated to gi7e notice in most cicumstancesE@. E7en in the
aCsence o2 a 2inding o2 de.i7ation o2 due .ocess, i2 the cout detemines
that Doe did not timel1 ecei7e actual notice o2 the DistictFs motion, it
could in its discetion gant him %ule *'? C@ elie2 2om the summa1
Audgment ode.N 3ohn D:E, /..ellant, 7. D5#(%5C( :+ C:684B5/
4E(%:-:65(/N -:65CE DE-/%(4EN(, 9!& /."d 1"1' ?"''&@
(he Ca.enties claims also 2all unde the 2edeal +ai DeCt Collection -actice /ct,
though unde the P=ell -leaded Com.laintQ ule,the claim 2o elie2 sounded as a
.edicate 2o the Ne7ada un2ai and Dece.ti7e (ade -actice statute.
Uualit1 goes to geat length in its litigating to demonstate that it is not 2actuall1, no
legall1 a deCt collecto no collection agenc1, des.ite all the language to the conta1 that
is set 2oth in its Notice o2 De2ault, and Notice o2 (usteeQs #ale. Ne7etheless, on
:ctoCe 1!, "'1', the #tate o2 Ne7ada,De.atment o2 Business and 5ndust1, +inancial
5nstitutions Di7ision L+5DM issued anK :%DE% (: CE/#E /ND DE#5#(
8N65CENCED /C(5V5(5E# /ND N:(5CE :+ %59;( (: /--E/6, to Uualit1 6oan
#e7ice, Co.., in connection Bith anothe 2oeclosue.
(hee the +5D detemined that Uualit1 Bas engaging in unlaB2ul collection acti7it1
C1 2oeclosing in the #tate o2 Ne7ada, Bithout 2ist oCtainingthe .o.e license.(his is
signi2icant Cecause in this case the +edeal Cout has Ceen called u.on to ansBe
aquestion o2 state laB, Bhen the Ne7ada #u.eme Cout has not .e7iousl1 addessed it.
=hile the +5Dis not the Ne7ada #u.eme Cout, it is a legitimate souce o2 guidance
aCout hoB this Ne7ada #tatute,N%# *!9.171 is to Ce a..lied. 5t is antici.ated that Uualit1
Bill e,ecise its a..eal ights Bith es.ect to this ode, and ma1 e7en 2ile a -etition 2o
%e7ieB in state cout, i2 it is unha..1 Bith the esult it ultimatel1 oCtains. Ne7etheless, i2
this Cease and Desist :de is coect, and it cetainl1 is entitled to a .esum.tion o2
coectness until such time as it is 7acated o e7esed, then it is a .edicate 2o one o2
-lainti22sQ claims 2o elie2. 5t is entitled to some de2eence C1 this Cout, as the onl1
souce o2 authoit1on the .aticula .oint o2 laB in question. (he -lainti22s ha7e alleged
that Uualit1 does not ha7e the.o.e license, and as such it has committed an 8n2ai and
Dece.ti7e (ade -actice L8D/-M unde N%#59&.'9"3?1@KDDece.ti7e tade .acticeE
de2ined. / .eson engages in a Ddece.ti7e tade .acticeEBhen in the couse o2 his o he
Cusiness o occu.ation he o she HnoBingl1: 1.Conducts the Cusiness o occu.ation
Bithout all equied state, count1 o cit1 licenses.E/ 7iolation o2 a state o 2edeal statute
o egulation is also such a 7iolation unde N%# 59&.'9"3?3@./s alleged in the com.laint,
the .lainti22s ae entitled to actual damages, costs and attone1 2ees Cecausethe1 then
Cecome P7ictims o2 2audQ unde N%# !1.*''?3@. 5ndeed, noB that this case is in 2edeal
coutthe1 intend to .usue thei +ai DeCt Collection -actice /ct diectl1, and not Aust as
a .edicate to a state8D/- claim. (his Bould entitle each o2 them to statuto1 damages
as Bell. (his Cout Bill also Ce called u.on to detemine i2 the actions taHen C1 Uualit1,
ae 7oid, 7oidaCle o meel1 se7e as a .edicate 2o the 8D/- claim Cecause o2 this
7iolation.5n the motion undue eliance is .lace u.on .ecedent cited C1 counsel that is not
contolling. (he ;ulse, case, in2a, is sim.l1 not a Ninth Cicuit case, it is 2om the
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1"
+edeal Distict Cout in :egon. +o easons that Bill Ce made clea, is noB Cad laB and
should not Ce 2olloBed C1 this cout. (he de2endant Uualit1 has .ointed to 2edeal cases
Bhich state that othe 2oeclosue tustees, unde othe 2actual cicumstances ha7e Ceen
held not to Ce PdeCt collectosQ in +DC-/ cases. (hose cases ma1 cetainl1 Ce .esuasi7e
authoit1, Cut the1 ae not contolling authoit1 Bhich this Cout is oCligated to 2olloB.
:nl1 the Ne7ada #u.eme Cout and the Ninth Cicuit Cout o2 /..eals could Ce taHen
as setting Cinding .ecedent, and that is not the case hee. (he Ninth Cicuit as sim.l1 not
uled squael1 on the issue o2 a 2oeclosue com.anies Ceing Bithin the +DC-/, o not.
(he case cited C1 Uualit1 2o the .o.osition that 2oeclosue tustee ae not deCt
collectos is that o2K ;ulse 7. :cBen +ed. BanH, 195 +.#u..."d 11&& ?D.:. "''"@. 5n
;ulse the Cout detemined that 2oeclosue Bas not a DdeCt collectionE acti7it1 as
de2ined C1 the +ai DeCtCollection -actices /ct and the coolla1 :egon statute. (he
state cout and state agenc1 hee ha7e held the o..osite. (his is not a Cinding decision
that 2edeal couts in Ne7ada Bould Ce oCliged to2olloB, Cut meel1 a .esuasi7e one.
Because its easoning is 2laBed, it should not Ce 2olloBed C1 thiscout. 5t cited to onl1 one
case, ;einemann 7. 3im =alte ;omes, 5nc., !7 +.#u..."d 71* ?D.=.Va.199&@, a22QQd
173 +.3d &5' ?!th Ci. 1999@, Bhich contained no anal1sis o2 2oeclosue laB Cut
ne7etheless held that the +DC-/ did not a..l1. ;oBe7e, the ;einemann decision
su.a, has Ceen o7euled C1 =ilson 7. Da.e J 9oldCeg, !!3 +.3d 373 ?!th Ci. "''*@.
5n =ilson, su.a, the !th Cicuit e,.essl1 eAected the 2oeclosue laB1eQs assetion that
the1 Bee not collecting a deCt asde2ined C1 the +DC-/ Cecause the action Bas in em
and noted, as is the case hee, that the laB1esad7ised that einstatement could occu i2
monies Bee .aidK 5d. at 37*. (hus, the =ilson Cout e,.essl1eAects the summa1
decision endeed in ;einemann , Bhich is the case that su..oted the CoutQQsholding in
;ulse . /n identical issue has Ceen .ending in the (enth Cicuit Cout o2 a..eals 2o
moethan a 1ea noB, and it Bill Ce Cought to this CoutQs attention Bhen it is uled
u.on, eithe Ba1.(he =ilson decision su.a , Bas endeed at a..o,imatel1 the same
time asK SaltenCach 7.%ichads , !*! +.3d 5"! ?5 th Ci. "''*@. (he Cout in SaltenCach
did not el1 u.on the =ilson decision,Cut still eached the same conclusion >> that the
+DC-/ did a..l1 to attone1s andOo tustees Bho Beeattem.ting to collect a deCt C1
2oeclosing. (he 3 d Cicuit in -i.e 7. -otno22 6aB /ssocs . , 39* +.3d""7, "3! ?3 d
Ci. "''5@ eached the same conclusion and em.hasiGed the im.otance o2 the 2act that
the2oeclosing laB 2im Bas asHing 2o mone1 to einstate the loan. 5d. 5n ;ulse , su.a ,
thee is no indication that the Cout e7en consideed that Bhen 2oeclosing, atustee and
Cene2icia1 ae concuentl1 maHing demands 2o mone1 to sto. the sale, Bhich is o2
couse,ha..ening in the case at Ca. 5t is clea that the 3 d , ! th and 5 th Cicuit Couts in
=ilson, SaltenCach and -i.e 2ound that the demand 2o .a1ment Bas deCt collection
acti7it1 in lieu o2 seiGing the eal .o.et1.(he Ninth Cicuit ma1 come doBn conta1,
Cut it Bould o.en the matte 2o a .etition 2o cetioai,Bhich is something it has Ceen
loath to do o2 late, and case in the (enth Cicuit ma1 Bell gi7e muchneeded guidance in
this egad. -eha.s the touchstone is Bhethe the 2oeclosue tustee also is collecting
mone1 in the .ocess o2 2oeclosue, o meel1 getting the collateal CacH 2om the
homeoBnes in em . 52 memo1 se7es this 7e1 issue Bas touched u.on in this 7e1
Cout duing the oal agument on the motion.
$123456 7o5 o736 8ro9:;;:; <or:93o;1r: =o91>:75;, 45 9o33:95; >o7:6 o7 ?:@23< o<
?27A;/3:7=:r;/;:rB49:r;#
%e.ossessing on eal estate, cou.led Bith collecting mone1 due on the undel1ing notes,
Cings Uualit1 Bithin the de2inition o2 a deCt collecto unde 2edeal laB, o a collection
agenc1 unde state laB. -at o2 this detemination has alead1 Ceen made C1 the state
cout and state agenc1,and it is one that this ;onoaCle Cout is Cound to es.ect. +o the
2oegoing easons, the Ca.enties should Ce alloBed to amend thei Com.laint as to the
+DC-/ and 8D/- issues and ha7e the :de 9anting #umma1 3udgment set aside,
and the -lainti22s Ce alloBed to go 2oBad Bith disco7e1.N
I>8ro8:r For:93o;1r: U7=:r NRS S:954o7 *C#*/*
-lainti22 seeHs a declaation that the N:D is Nnull and 7oid.N (he most common
statuto1 de2ect in 2oeclosue in Ne7ada occus Bhen a 2oeclosing entit1 2ails to adhee
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1!
to N%# section 1'7.'&', ecoding a N:D Ce2oe it has Ceen named as the tustee ?as
hee@, and Bithout an1 e7idence o2 agenc1 on Cehal2 o2 the tustee o Cene2icia1 o2 the
undel1ing deCt at the time o2 ecodation ?as hee@. #ee Ne7. %e7. #tat. R 1'7.'&'?"@?c@.
-lainti22 alleges a 7iolation o2 this statute, and alleges that the N:D 2ailed to include
cetain notices as equied unde the D:(, U6# Bas a..aentl1 neithe the tustee no the
Cene2icia1 Bhen it ecoded the N:D. ;oBe7e, it claimed on the N:D to ha7e Ceen
N/9EN( +:% BENE+5C5/%<,N and it identi2ied the Cene2icia1 as ... (he onl1 e7idence
in the ecod as to the identit1 o2 the Cene2icia1 at the time the N:D Bas ecoded is the
D:( itsel2, Bhich namesVVVVVVV as the lende, maHing it the Cene2icia1 as a matte o2
laB, egadless o2 the D:(Fs language aCout 4E%# Ceing a NCene2icia1.N /lthough
4E%# is not a Cene2icia1, its agenc1 2o...N
Co.eland 7. 5BE= 6ocal No. &, "''* =6 "9!*9!' ?N.D.:hio "''*@ ?%ule
*'? C@?*@ elie2 ganted Bhee the client made Ddiligent attem.tsE to contact his
counselK 1et, his counsel 2ailed to in2om him o2 the CoutFs ganting o2 summa1
Audgment to the de2endant until a2te the time 2o a..eal had .assed, and the attone1Fs
conduct constituted Dgoss negligenceE@K 6.-. #teuat, 5nc. 7. 4attheBs, 3"9
+."d "3! ?C./.D.C.19*!@?/ .lainti22Fs suit Bas dismissed 2o 2ailue to .osecuteK
cout einstated suit tBo 1eas a2te its dismissal .usuant to %ule *'? C@?1@ and ?*@
Cecause .esonal .oClems o2 counsel had caused him to neglect the diligent
.lainti22Fs case and to mislead the .lainti22. (he .lainti22 had made numeous inquies
o2 his attone1, Bho had e2used to ansBe such inquies and had occasionall1 assued
the client that the case Bas .oceeding@.
4E%# has since e7ol7ed 2om that o2 a sim.le egistation s1stem to that o2 the
custodian o2 .oBes. /s such, 4E%# has essentiall1 ClocHed homeoBnes 2om
.e7enting thei houses 2om Cecoming 2oeclosues and loan 2aud 7ictims 2om .usuing
thei cases in cout Cecause the1 could not identi21 the com.anies holding thei motgage
notes. %ecent cout ulings in se7eal states ha7e challenged 4E%# in 2oeclosue cases
and ha7e 2ound that, at Cest, 4E%# onl1 holds a co.1 o2 the ClanH note Bith the tue
Cene2icia1 holding the oiginal note. 4E%# hoBe7e commences the 2oeclosue .ocess
C1 su..osedl1 assigning the secuit1 instuments to a (ustee. /t Cest, the (ustee is in
.ossession o2 ClanH secuit1 instuments at the time the Notice :2 De2ault is ecoded
Bhile the still unidenti2ied holde o2 the eal Note emains oCscued.
5n a 2oeclosue situation BheeC1 4E%# is the claimed Cene2icia1 and the tue
Cene2icia1 oCtains the (usteeQs Deed a22ecting a cedit sale CacH to the lende, 4E%#
schemes to a7oid the tans2e ta, o2 the tansaction. +uthemoe, in non)Audicial states,
4E%# admits to meel1 holding title as nominee 2o the tue Cene2icia1. ;ee is an e,et
2om thei on BeC site. DNomall1, Bhee the name o2 the gantee unde the (usteeQs
Deed 8.on #ale is di22eent than the name o2 the 2oeclosing entit1, the (usteeQs Deed
8.on #ale states that the N9antee Bas not the 2oeclosing Cene2icia1.N (his designation
tigges the im.osition o2 tans2e ta,es on the sale. 5t is im.otant to note that in a 4E%#
2oeclosue sale, e7en Bhee the .o.et1 e7ets, the name o2 the gantee Bill Ce di22eent
than the name o2 the entit1 2oeclosing. Nonetheless, the (usteeQs Deed 8.on #ale
should state that N(he 9antee Bas the 2oeclosing Cene2icia1.N (his is Cecause 4E%#
meel1 holds title as nominee 2o the tue Cene2icia1K it is the tue Cene2icia1 that has
actuall1 2oeclosed and acquied titleE. B1 this admission, 4E%# has stated that the1 ae
not, and Bas not, the tue Cene2icia1 theeC1 nulli21ing the nomination .usuant to the
Deed :2 (ust. -usuant to the 2oegoing, as Ne7ada is a non)Audicial 2oeclosue cases,
the Ca.enties demand that the 2oeclosing institutions .o7ide .ima 2ascia e7idence
that the1 ae indeed the legal Cene2icia1, and legitimate oBne o2 the Note Bith .oBe o2
sale.
N4acHlin also agues that the tusteeFs sale is 7oid Cecause Deutsche
BanH, "''*>" (ust, and the tustees, =indso 4anagement and Uualit1
6oan #e7icing, Bee acting outside o2 thei authoit1 Bhen the1
2oeclosed Cecause the1 Bee not in .h1sical .ossession o2 the Note. /s
Deutsche BanH .oints out, Cali2onia laB has no such equiement.
/l7aa 7. /uoa 6oan #e7ices, No. C>'9>151" #C, "''9 =6
1*&9*!', at I * ?N.D.Cal. 3une 1*, "''9@ ?DL8Mnde Cali2onia laB,
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1*
tustee need not .ossess a Note in ode to initiate 2oeclosue unde a
Deed o2 (ust.E@K +ane 7. Count1Bide ;ome 6oans, 5nc., No. '&>CV
"193, "''& =6 1&9'"5, at I " ?#.D.Cal. 3an. "9, "''9@ ?DL(Mhee does
not a..ea to Ce an1 equiement unde Cali2onia laB that the oiginal
Note Ce .oduced in ode to ende the 2oeclosue .oceedings 7alid.E@K
Uuintos 7. Decision :ne 4otgage Co., 66C, No. '&>CV>1757 34
?-:%@, "''& =65!11*3*, at I 3 ?#.D.Cal. Dec. "9, "''&@ ?D Cal.
Ci7.Code R "9"! outlines the equiements 2o non)Audicial 2oeclosues
in Cali2onia, and does not include .o7iding the oiginal Note .io to
the saleE@. L17ML1&M /lmost lost in the clutte o2 misstatements aCout the
5ndentue, allegations Bithout an1 su..ot in laB o 2act, and the
selecti7e eading o2 documents, 4acHlin does aise an issue concening
hoB Deutsche BanH conducted the noticing o2 the 2oeclosue sale. (he
cout stats Bith the Casic .emise that 2o Deutsche BanH to .oceed
Bith a 2oeclosue it had to Ce entitled to .a1ment on the Note. Cal.
Ci7.Code RR "93".5, "93*K Cal. Comm.Code R 33'1. Deutsche BanH
.esents the Note Bith an allonge to document the tans2e o2 the Note.
;oBe7e, the allonge is undated. (he /ssignment o2 the Deed o2 (ust,
Bhich Bas ecoded on No7emCe 3', "''9, has an illegiCle date as to
Bhen it Bas e,ecuted. -esumaCl1, it Bas e,ecuted on o aCout
No7emCe 17, "''9, shotl1 Ce2oe it Bas ecoded. +uthe, one could
.esume that a No7emCe 17, "''9 date 2o the /ssignment o2 the Deed
o2 (ust Bould coes.ond Bith the allonge to tans2e the Note to
Deutsche BanH. But the #uCstitution o2 (ustee C1 Deutsche BanH
ecoded on No7emCe "9, "''9, .u.oting to suCstitute Uualit1 6oan
#e7ice Co.. 2o =indso 4anagement Co. as tustee unde the Deed o2
(ust, states that it Bas signed C1 Deutsche BanH on /ugust "1, "''9.
(his Bould Ce Bell in ad7ance o2 the No7emCe 17, "''9 assignment o2
the Deed o2 (ust. No e,.lanation has Ceen .o7ided 2o these a..aentl1
inconsistent dates. (he cout Bill not meel1 assume that Deutsche BanH
acquied the Note much ealie Cut did not ecod the Notice o2
/ssignment o2 Deed o2 (ust until a late date. %ecent cases ha7e
discussed Bhethe a Deed o2 (ust is suCAect to 7aious .o7isions o2 the
Ci7il Code Bhich e2eence motgages, motgagees, o othe
encumCances. #e7eal tial couts ha7e concluded that Ci7il Code R
"93".5 does not a..l1 Bhen the encumCance is en2ocing ights
.usuant to a Deed o2 (ust. (hough o2 .esuasi7e 7alue, these tial cout
cases ae not Cinding .ecedent 2o this cout. I11 L19M 5n consideing
Bhat is mean C1 Dmotgagee o othe encumCanceE holding a .oBe o2
sale, the cout 2ist consides the distinction CetBeen a DmotgageE and a
DDeed o2 (ust.E +o a Deed o2 (ust, title is 7ested in the tustee, Bho
has a .oBe to sell the .o.et1 u.on the e7ent o2 s.eci2ied contactual
de2aults. (his alloBs 2o the sale o2 the collateal Bithout Audicial
inte7ention. But this is a limited DtitleE in the tustee. /s addessed C1
the Cali2onia #u.eme Cout in BanH o2 5tal1 Nat. (ust J #a7. /ssn. 7.
Bentle1, "17 Cal. *!!, *5*, "' -."d 9!' ?1933@, the legal title held C1 the
tustee is to the e,tent necessa1 2o e,ecu)tion o2 the tust, Cut does not
ca1 Bith it the incidents o2 oBneshi.. 5n .actical e22ect, a Deed o2
(ust is a motgage Bith a .oBe to con7e1, Bith the incidents o2
oBneshi. etained C1 the tusto. (he Deed o2 (ust is teated as an
encumCance on the eal .o.et1, and gi7en .otection as a lien athe
than an inteest in the land suCAect to a mateialmanFs lien. ;oll1Bood
6umCe Co. 7. 6o7e, 155 Cal. "7', 1'' -. *9& ?19'9@.+N1" L"'M :7e
the 1eas, couts and the 6egislatue ha7e continued to diminish the
distinction CetBeen a Deed o2 (ust and motgage, othe than the
2undamental di22eence that the .oBe o2 sale unde the Deed o2 (ust is
e,ecised nonAudiciall1, Bhile the motgage still equies Audicial
inte7ention.+N13 (he 6egislatue has made Coth deeds o2 tust and
motgages suCAect to time limitations on en2ocement, Ci7il Code RR
&&'.'">&&7.'9 ?4aHetaCle %ecod (itle /ct@ and ceated a ight o2
edem.tion 2olloBing a Audicial sale unde eithe a motgage o Deed o2
(ust, Cal.Ci7.-oc.Code R 7"9 .'1'. 5n stating its intent Cehind the
4aHetaCle %ecod (itle /ct, the 6egislatue con2imed that eal
.o.et1 is a Casic esouce o2 the .eo.le and title tansactions should
.oceed Bith econom1 and e,.edienc1. +o this to Ce achie7ed, eal
.o.et1 ecods must cleal1 and accuatel1 document title to the
.o.et1. Cal. Ci7.Code R &&'.'"'. Because thee is no Audgment o
ode su..oting a nonAudicial 2oeclosue sale, documentation o2
com.liance Bith Cali2onia laB 2o a nonAudicial 2oeclosue sale is
essential. :nl1 the o22icial ecod contains the documentation o2 Bho
Bas entitled to en2oce the ights unde the Deed o2 (ust. :n .e7ious
occasions, the Cali2onia #u.eme Cout has a..lied a statute e2eencing
a DmotgageE to deeds o2 tust Bhen it im.acts the ights o2 the CooBe.
5n #ecuit1 -aci2ic National BanH 7. =oGaC, 51 Cal.3d 991, 99&, "75
Cal.%.t. "'1, &'' -."d 557, the cout a..lied the one)action ule, Code
o2 Ci7il -ocedue 7"*?a@, to oCligations secued C1 a Deed o2 (ust as
Bell as othe .esonal .o.et1. #ee also =alHe 7. Communit1 BanH, 1'
Cal.3d 7"9, 73" n. 1, 111 Cal.%.t. &97, 51& -."d 3"9 ?197!@. Ci7il
Code R "93".5 .o7ides that, Bhee a .oBe o2 sale 2o eal .o.et1 is
gi7en to a motgagee o othe encumCance to secue an oCligation, such
.oBe o2 sale ma1 Ce e,ecised C1 the assignee Bho is entitled to ecei7e
.a1ment o2 the oCligation Di2 the assignment is dul1 acHnoBledged and
ecoded.E 52 the assignment has not Ceen ecoded, then the .oBe
cannot Ce e,ecised. (he a..lication o2 Ci7il Code R "93".5 to all
encumCances, including deeds o2 tust, BoHs to .otect the CooBe
?tusto@, lende ?Cene2icia1@, tustee, .uchase at a 2oeclosue sale, and
suCsequent oBnes o2 the .o.et1. Be2oe .esons .u.ot to taHe action
and e,ecise ights unde a Deed o2 (ust, the assignment documenting
the acquisition o2 those ights is ecoded Bith the count1 ecode. (his
esults in the eal .o.et1 ecods cleal1 and unamCiguousl1 stating
Bho held the ights and Bho asseted the ights. (his minimiGes title
dis.utes 1eas late as to Bhethe a notice o2 de2ault o notice o2 sale Bas
gi7en C1 a .o.el1 authoiGed .at1 and Bhethe the .u.oted sale
unde the Deed o2 (ust is 7oid. (his im.oses the minimalist o2 Cudens
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT 1&
on the Cene2icia1 acquiing a Note secued C1 a Deed o2 (ustT
ecoding the notice o2 assignment Ce2oe .u.oting to change the
tustee o authoiGe a 2oeclosue. I1" 5n the .esent case, 4acHlin and
Deutsche BanH ha7e demonstated that the ecoding o2 the assignment
o2 the Deed o2 (ust .ost)dated Deutsche BanH ecoding documents
.u).oting to change the tustee to =indso 4anagement and then
=indso 4anagement .u.oting to gi7e a notice o2 sale. (hough thee
ae onl1 da1s C1 Bhich Deutsche BanH, "''*>" 2ailed to ecod the
assignment o2 the tust deed, a ecod has Ceen ceated that someone not
o2 ecod title .u.oted to taHe action on a Deed o2 (ust .io to
com.liance Bith Ci7il Code R "93".5. 5ssues o2 title and the ecod u.on
Bhich 2utue geneations o2 oBnes Bill e.l1 cannot Ce suCAect to a
Bould)1ou)Celie7e)5)missed)it)C1)that)much im.lied Bai7e o2 this
statuto1 equiement. 4acHlin has shoBn a liHelihood o2 .e7ailing on
the issue o2 the .u.oted 2oeclosue sale not ha7ing Ceen .o.el1
conducted, theeC1 esulting in a 7oid deed. (he cout issues the
.elimina1 inAunction on this gound.N 5n %e 4acHlin, "'11 =6
"'155"' ?BHtc1.E.D.Cal.@@.
/nd the Ca.enties seeH to amend thei Com.laint as thei case is
suCstantiall1 simila to the 2olloBing: N". De2endant Uualit1 6oan
#e7ice Co.. ?NUualit1N@ ecoded a Notice o2 W Beach and De2ault and
o2 Election to Cause #ale o2 eal -o.et1 8nde Deed o2 (ust ?NN:DN@
on 4a1, !, "'1'. Uualit1 desciCes itsel2 on the N:D as N ... eithe the
oiginal tustee, the dul1 a..ointed suCstituted tustee, o acting as agent
2o the Cene2icia1 unde a Deed o2 (us6.N Uualit1 is not egisteed
Bith the Ne7ada #eceta1 o2 #tate no does Uualit1 .osses a +oeign
DeCt CollectoFs 6icence X7ith the Ne7ada De.t. o2 Business and
5ndust1 as equied C1 N%# *!9. 171, though it is a FdeCt collectoF
Bithin the meaning o2 15 8.#.C. R 1*9"?a@?*@, as inco.oated into
Ne7ada laB C1 N%# *!9.37'. 5t is Celie7ed to Ce one o2 the neB
ceations o2 the N+oeclosue 5ndust1.N 3. De2endant ;#BC B/NS,
8#/, N/, as (ustee 2o 4eill 61nch /ltenati7e Note /sset (ust,
#eies "''7)/3, ?N;#BCN@ is desciCed as the Note ;olde o2 -lainti22Fs
motgage note C1 De2endant /meicaFs #e7ice Com.an1. 5t is unHnoBn
i2 ;#BC claims to Ce the Cene2icia1 on a Deed o2 (ust, .esumaCl1
ecoded on No7emCe 17,"''*, Bhich desciCes the lende as 8ni7esal
/meican 4otgage Com.an1 o2 Cali2onia. ;#BC BanH is not
egisteed Bith the Ne7ada #eceta1 o2 #tate. 5n es.onse to a Uuali2ied
=itten %equest .usuant to 1" 8.#.C. R "*'5?e@ and 15 8.#.C. R 1*!
1?2@?"@ !. De2endant /meicaFs #e7ice Com.an1 ?N/#CN@ is a
collection com.an1 attem.ting to collect mone1 2om -lainti22 Cased
u.on he motgage. /#C is not egisteed Bith the Ne7ada #eceta1 o2
#tate no does it ha7e a +oeign DeCt CollectoFs 6icence Bith the
Ne7ada De.t. o2 Business and 5ndust1 as equied C1 N%# *!9. 171,
though it is a FdeCt ..ollectoF Bithin the meaning o2 15 8.#.c. R 1*9"?a@
?*@, as inco.oated into Ne7ada laB C1 F22i.# *!9.37' 5. (he tue names
and ca.acities, Bhethe indi7idual, co.oate, associate, .atneshi. o
otheBise o2 the de2endants heein designated as Does 1 though 1'',
inclusi7e, ae unHnoBn to .lainti22, Bho thee2oe sues said de2endants
C1 such 2ictitious names. *. -lainti22 alleges that each named de2endant
and each de2endant heein designated as a Doe de2endant is negligentl1,
Bill2ull1, maliciousl1, contactuall1 o otheBise legall1 es.onsiCle 2o
the e7ents and ha..enings heein e2eed to and .o,imatel1 caused
inAu1 and damages to -lainti22, as heein alleged. -lainti22 Bill seeH
lea7e o2 this Cout to inset the tue names and ca.acities o2 such
de2endants Bhen the same ha7e Ceen ascetained and Bill 2uthe asH
lea7e to Aoin said de2endants in these .oceedings .usuant to N%C- 1'.
7. Based u.on in2oYation and Celie2 .lainti22 alleges that at all times
mentioned heein, the de2endants, and each o2 them, Bee the agents,
se7ants, em.lo1ees andOo Aoint 7entues o2 thei co)de2endants, and
each Bee as such, acting Bithin the couse, sco.e, and authoit1 o2 such
agenc1, em.lo1ment andOo 7entue, and that each and e7e1 de2endant,
as a2oesaid, Bhen acting as a .inci.al, Bas negligent in the selection,
hiing, taining and a..ointment o2 each and e7e1 othe de2endant as an
agent, em.lo1ee andOo Aoint 7entue. +/C(8/6 /66E9/(5:N# &.
-lainti22 alleges, ealleges and inco.oates C1 e2eence each and e7e1
allegation contained in the .eceding .aaga.hs. 9. 5n ode 2o
-lainti22, a .uClic school music teache, to get out o2 the ental maHet
Bhee she Bas ne7e going to Cuild a 2utue, -lainti22 .uchased a
modist home in %eno C1 Ceing talHed into an adAustaCle ate motgage.
-lainti22, liHe e7e1one else at the time, Bas told Bods to the e22ect:
NDonFt Bo1, a2te 1ou ha7e estaClished a good .a1ment ecod, Be Bill
e2i and get 1ou into a loBe ate, maHe it into a 3' 1ea 2ull1 amotiGed
loan ... and 1ou can Cuild equit1 . . . N -lainti22 Bas ne7e equied to
.o7ide an1 documentation as to he 2inancial aCilit1 to .a1 the
.a1ments that the inceases in inteest ates equied. /nd, -lainti22 Bas
e.eatedl1 told that she could e2inance he loan?s@ so that she Bould not
Ce equied to .a1 the huge inceases in inteest that Bould maHe it
im.ossiCle to sta1 in he home. 1'. /2te -lainti22 estaClished he
e,cellent .a1ment ecod, the housing maHet cashed, and -lainti22
2ound hesel2 not onl1 u.side doBn, Cut Bith a a.idl1 ad7ancing
incease in he /%4, Bhich she could neithe e2inance no a22od to
.a1. Due to the economic de.ession, engineeed and Cought on C1
entities such as the de2endants heein, -lainti22Fs home, liHe millions o2
othe /meicans, lost at least . one hal2 o2 its 7alue. 55. :n in2omation
and Celie2, -lainti22 alleges that he motgages Bee almost immediatel1
tans2eed, Bithout he HnoBledge o notice, in 7iolation o2 in 7iolation
o2 5# 8.#.C. R 1*!1?2@?"@ Bhich equies notice to the CooBe a2te
assignment o2 the motgage documents, to some othe entit1 o entities.
1". 8ntil such time as -lainti22 etained counsel to send a Uuali2ied
=itten %equest .usuant to 1" 8.#.C. R "*'5?e@ and 15 8.#.C. R
1*!1?2@?"@ lette to /#C, -lainti22 Bas NEVE% in2omed Bho he Note
and Deed o2 (ust Bee tans2eed to. No tans2es o2 the note no deed
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT "'
o2 tust Bee ecoded at the =ashoe Count1 %ecode. (hus, -lainti22,
and quite .ossiCl1, none o2 the De2endants, ha7e an1 .oo2 Bhatsoe7e
o2 the e,istence o2 an1 .eson o entit1 that is the cuent NoBneN o2 an1
.at o2 he motgages. 13. 5n .lace o2 an adequate es.onse to -lainti22Fs
Uuali2ied =itten %equest lette 2o in2omation, on aCout 4a1 !, "' 5 ',
Uualit1 ecoded a Notice o2 De2ault and Election to #ell unde Deed o
(ust ?FN:DN@. (his N:D Bas and is 2atall1 de2ecti7e 2o the 2olloBing
easons: /. -aaga.h "" o2 the Deed o2 (ust and N%# 1'7.'&'?"@
equie the 6ende to gi7e notice o2 an1 de2ault .io to acceleating the
note. B. -aaga.h "" o2 the Deed o2 (ust equies an1 notice o2 de2ault
to s.eci21: ?a@ the de2aultK ?C@ the action equied to cue the de2aultK ? c@
a date, not less than 3' da1s 2om the date the notice is gi7en to
BooBe, C1 Bhich the de2ault must Ce cuedK and ?d@ that 2ailue to
cue the de2ault on o Ce2oe the date s.eci2ied in the notice ma< esult
in acceleation o2 the sums secued C1 this #ecuit1 5nstument and sale
o2 the suCAect .o.et1. C. -aaga.h 19 o2 the Deed o2 (ust gi7es the
CooBes the ight, i2 the1 meet cetain conditions, to ha7e en2ocement
o2 the secuit1 inteest discontinued at an1 time .io to the ealiest o2
?1@ +i7e da1s Ce2oe the sale, ?"@ #uch .eiod as a..licaCle laB might
s.eci21 2o the temination o2 CooBeFs ight to einstate o ?3@ ent1 o2
a Audgment en2ocing the secuit1 inteest. D. Uualit1 and /#C do not
ha7e, and did not ha7e at the times mentioned heein, a 2oeign
collectos license as equied C1 N%# *!9.171, and ae not domestic
collection agenc5es. E. (his N:D 2ailed to com.l1 Bith .aaga.h "" o2
the note in the 2olloBing as.ects: 1. ". 3. !. (he N:D 2ailed to s.eci21
the amount o2 the de2ault. (he N:D 2ailed to s.eci21 the action equied
to cue the de2ault. (he N:D 2ailed to s.eci21 the date C1 Bhich the
de2ault ma1 Ce cued. .J K.OO5O6 (he N:D 2ailed to ad7ise the BooBe
o2 V ight to ha7e en2ocement o2 the secuit1 inteest discontinued i2
the1 meet cetain conditions. 5. (he N:D stated that the Cene2icia1
unde the deed o2 tust had alead1 declaed all sums secued
immediatel1 due. *. (he N:D 2ailed to unequi7ocall1 state that i2 the
de2aults Bee not cued, the amount due unde the note Bould Ce
acceleated and that the Cene2icia1 Bould conduct a 2oeclosue sale. 7.
(he N:D Bas an attem.t to collect a deCt. +5%#( C6/54 +:%
%E6E5+ DEC6/%/(:%< %E65E+ 1!. -lainti22 ealleges the a2oesaid
.aaga.hs as though set 2oth in 2ull heein. 15. N%# 3'.'!' alloBs an1
.eson Bhose ights, status o othe legal elations ae a22ected C1 a deed
to ha7e the Distict Cout detemine an1 questions o2 constuction o
7alidit1 aising unde the instument and to oCtain a declaation o2
ights, status o othe legal elations theeunde. 1*. (he Notice o2
De2ault and Election to #ell 2ailed to s.eci21 the amount o2 the de2ault.
17. (he N:D 2ailed to itemiGe the amount necessa1 to cue and a date
cetain Bithin Bhich to cue. 1&. (he N:D and election to sell 2ailed to
state the BooBes ha7e the ight to ha7e en2ocement o2 the secuit1
inteest discontinued i2 the1 meet cetain conditions. 19. (he N:D and
election to sell stated that the Cene2icia1 unde the deed o2 tust had
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT "1
alead1 declaed all sums secued immediatel1 due. "'. (he N:D and
election to sell 2ailed to unequi7ocall1 state that i2 the de2aults Bee not
cued, the amount due unde the note Bould Ce acceleated and that the
(ustee Bould conduct a 2oeclosue sale. "1. (he 2ailue to adhee to
the notice .o7isions contained in the deed o2 tust, the statement in the
Notice o2 De2ault and Election to #ell declaing that the Cene2icia1 had
alead1 declaed a de2ault and acceleated the oCligation and the 2ailue
to gi7e unequi7ocal notice o2 acceleation and sale ae NsuCstantial
iegulaitiesN Bhich ae gounds to 7acate the N:D. "". (he -lainti22 is
entitled to a declaato1 Audgement that the a2oesaid N:D is null and
7oid. #EC:ND C6/54 +:% %E65E+ DEB( C:66EC(5:N
V5:6/(5:N# "3. -lainti22 eallege# the 2oegoing .aaga.hs as
though set 2oth in 2ull heein. "!. (his is a action 2o damages Cought
C1 a indi7idual consume 2o 7iolations o2 :he Ne7ada +ai DeCt
Collection laB 2ound in (itle *!9 o2 the Ne7ada %e7ised #tatutes. 5n
laticula, N%# *!9.37' .o7ides that an1 7iolation o2 the +edeal +ai
DeCt Collection @actice /ct, is a 7iolation o2 Ne7ada laB as an
inde.endent state cause o2 action. (he o55oBing allegations ecite the
2edeal laBK +ai DeCt Collection -actices /ct, 15 8.#.C. K 1*9", et seq.
?heeina2te N+DC-/N@, Bhich ae inco.oated into the laBs o2 the
#tate o2 5 Ne7ada, as noted aCo7e. (hese
laBs .ohiCit deCt collectos 2om engaging in aCusi7e, dece.ti7e, and
un2ai .actices. "5. Uualit1 and %(C ae NdeCt collectosN as de2ined C1
15 8.#.C. R 1 *9"?a@?*@ and N%# *!9.'"'. "*. (he a2oesaid Notice o2
De2ault and Election to #ell ecoded in the =ashoe Count1t1
%ecodeFs :22ice ?heeina2te N:D@ is a NcommunicationN as de2ined C1
R1*9"?a@?"@. ?5@. "7. (he N:D 2ailed to contain the language mandated
C1 15 8.#.C. R1*9"e?11@. "&. (he N:D 2ailed to contain the language
mandated C1 15 8.#.c. R1*9"g?a@?1@) "9. (he N:D is a 2alse and
dece.ti7e means o2 collecting a deCt in that it e.esented the note
secued C 1 the deed o2 tust had Ceen acceleated Bhen in 2act the note
cannot Ce legall1 acceleated Bithout 2ist sending a notice to the
-lainti22 o2 a ight to cue the alleged de2ault. 3'. (he N:D is a 2alse
and dece.ti7e means o2 collecting a deCt in that it 2ailed to .o7ide the
notices equied C1 the undel1ing deed o2 tust. 31. (he da2ting,
tendeing, ecodation and mailing o2 a notice o2 de2ault Bhich contains
the in2omation equied C1 .aaga.h "" o2 the Deed o2 (ust is a
condition .ecedent to initiate 2oeclosue .oceedings and acquie the
ight o2 .ossession o2 the .o.et1. 3". -lainti22 is entitled to statuto1
damages .usuant to 15 8.#.c. R1*9"H?a@ in the amount o2Z5,:::.::
each. 33. -lainti22 is entitled to actual damages .usuant to 15 8.#.C.
R1*9"H?a@ in an 5mount accoding to .oo2 at the time o2tial. 3!.
-lainti22 is entitled to easonaCle attone1 2ees and costs o2 the action
.usuant .' 15 8.#.C.R1*9"H?a@. 55 (;5%D C6/54 +:% %E65E+
8N+/5% /ND DECE-(5VE (%/DE -%/C(5CE# 35. -lainti22
ealleges the 2oegoing .aaga.hs as though set 2oth in 2ull heein 3*.
(he Ne7ada 8n2ai and Dece.ti7e (ade -actice /ct, N%# 59&.'9"3
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT ""
de2ines a Fdece.ti7e tade .acticeF as conducting a Cusiness o
occu.ation Bithout all equied state, , count1 o cit1 licensesK N%#
59&.'9"3?1@, and as 7iolating a state o 2edeal statute o egulation
elating to the sale o lease o2 goods o se7icesK N%# 59&.'9"3?3@. 37.
(hat a 7iolation o2 N%# 59&.'9"3 is a dece.ti7e tade .actice and C1
sending the .lainti22 the a2oementioned notice, /uoa has 7iolated
Coth suCsections ?1@ and ?3@ o2 that laB, maHing the .lainti22s FVictims
o2 +audF as de2med C1 N%#!1.*''?"@?d@. 3&. (hat Uualit1 did not ha7e
the equied 2oeign collectoFs license Bhen it sent the a2oementioned
notice to the .lainti22 and 7iolated the N%# *!9.37' inco.oating the
+DC- /, in sending the notice that it did. 39. /s 7ictims o2 2aud the
.lainti22s ae entitled to damages, costs and attone1 2ees unde N%#
!1.*''?3@. +:8%(; C6/54 +:% %E65E+ D/4/9E# +:%
V5:6/(5:N :+ N%# 59&D.5'' !'. -lainti22 alleges, eallege and
inco.oates C1 e2eence each and e7e1 allegation contained in the
.eceding .aaga.hs. !1. -lainti22 is a CooBeK one o moe o2
De2endantsF o thei .edecessos o successos in inteest, i2 an1 such
inteest e,ists, is a lendeK Bhich, one o moe o2 the lendes made the
loan?s@ in question on -lainti22Fs home. !". #aid home loan?s@ Bee
made to -lainti22 Bithout detemining that -lainti22 had :he aCilit1 to
e.a1 the loan?s@ in 7iolation o2 N%# 59&D. 5n 2act, -lainti22 Bas
induced to ..nte into an adAustaCle ate motgage Cased u.on .omises
that she could e2inance Ce2oe he inteest ate incease Bould ha7e to Ce
.aid, thus thee Bas no need 2o he to ha7e to @o7e o shoB an aCilit1
to .a1 the u.coming inceases in motgage .a1ments .. +5+(; C6/54
+:% %E65E+ ?Uuiet (itle, N%# !'.'1'@ !3. -lainti22 alleges, ealleges
and inco.oates C1 e2eence each and e7e1 allegation contained in the
.eceding .aaga.hs. !!. :n in2omation and Celie2 .lainti22 alleges
that no e,isting de2endant oBns o he .omisso1 note o he deed o2
tustK that no de2endant has standing to Ce a .lainti22 o can 2oeclose
u.on he .o.et1K that all ights, title and inteest in he .o.et1 Bee
suClimated into a non)2unctional Nsecuit1N instument that gi7es no one
entit1 ights in 5 indi7idual notes and deeds o2 tust. !5. :n in2omation
and Celie2 .lainti22 alleges that 4E%# has intenall1 tans2eed an1
ights o titles o title o loan instuments, e2uting and 2launting the
%ecoding laBs o2 this #tate, de2auding =ashoe Count1 o2 %ecoding
2ees and maHing it im.ossiCle to ascetain, o 2o an1 de2endant to
.o7e, it has oCtained all the ights necessa1 to oCtain an inteest in
.lainti22Fs .o.et1, thus no entit1 has such inteest. !*. De2endants ha7e
.laced a cloud u.on .lainti22Fs title. !7. -lainti22 seeHs to quiet title
against all de2endants and each o2 them as o2 the date o2 this com.laint.
=;E%E+:%E, -lainti22 .a1s 2o the 2olloBing elie2: 1. +o a
declaato1 Audgment that the a2oesaid N:D Bas im.o.el1 noticed
and is null and 7oid aC initio. ". +o a declaation that the actions taHen
C1 a 2oeign co.oations, in attem.ting to collect a deCt Bithout a
2oeign collectoF s license ae 7oid aC initio, and that the same
constituted Dece.ti7e (ade -actices Bithin the meaning o2N%#
59&.'9"3. 3. +o statuto1 damages .usuant to 15 8.#.C. R1*9"H?a@, as
inco.oated C1 N%# *!9.37', in the amount o2 Z1,'''.'' 2o each
.lainti22 against +ist 6oan #e7icing. !. +o actual damages .usuant to
15 8.#.C. R1*9"H?a@ as inco.oated C1N%# *!9.37', in an amount
accoding to .oo2 at the time o2 tial against an1 and all .aties causing
diect and .o,imate ham to the .lainti22. 5. +o geneal damages
against de2endants in e,cess o2Z1','''.''. *. +o 3udgment quieting
title in .lainti22sF 2a7o as oBne in 2ee sim.le o2 the -o.et1 desciCed
heein. (hat de2endant?s@ aud each o2 them ha7e no ight, title, estate,
lien o inteest in the -o.et1 ad7ese to .lainti22 sK 7. +o such othe
and 2uthe damages o2 an1 Hind against all .aties ... ma1 .. a..ea Aust
and .o.e at tial. &. +o easonaCle attone1 2ees and costs o2 the
action....N
/nd the Ca.enties ha7e a meitoious case.
AFFIRMATION P1r;1275 5o NRS !D-B#*D*
D/(ED this 3anua1 13, "'1":
OsO Zach Coughlin
Zach Coughlin, Esq.
/ttone1 2o -lainti22s 3oan E. and 3ames Ca.entie
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT "!
DECLARATION OF JAMES S CARPENTIER AND JOAN E# CARPENTIER
27= ZACH COUGHLIN, ES$# IN SUPPORT OF SUPPLEMNT TO MOTION
TO SET ASIDE ORDER 27= REPLY TO OPPOSITION TO MOTION TO SET
ASIDE ORDER
1. (his Declaation is made .usuant to the .o7isions o2 N%# 53.'!5, Be ae .esentl1
in the #tate o2 Ne7ada and 5 declae unde .enalt1 o2 .eAu1 that the 2oegoing is tue
and coect.
". Declaants ae the -lainti22s in CV'&)'17'9 o attone1 o2 ecod.
3. Declaants a7e that the 2actual statements set 2o aCo7e in this %e.l1 to :..osition
to -lainti22Fs 4otion to #et /side and in the ealie 2iled -lainti22Fs 4otion to #et /side
ae ae accuate.
!. 5, 3/4E# # C/%-EN(5E% and 5, 3:/N E. C/%-EN(5E%, and Z/C; C:89;65N
ae a7ailaCle to testi21, i2 necessa1, as to these mattes. 5 declae unde .enalt1 o2
.eAu1 that the 2oegoing is tue and coect.
E,ecuted on 3anua1 13, "'11
VVOs[ 3im Ca.entieVVVVV
3/4E# # C/%-EN(5E%
-6/5N(5++
VVVV3oen E. Ca.entieVVV
3:/N E C/%-EN(5E%
-6/5N(5++
OsO Zach Coughlin
Zach Coughlin, Esq.
attone1 2o the Ca.enties
PROOF OF SERVICE
5, Zach Coughlin, declae, that on 3anua1 13, "'1", 5 caused the 2oegoing to
Ce deli7e to all named De2endantFs in this action, C1 electonic 2iling to:
Sistin /. #chule);intG, Esq.
Chisto.e ;unte, Esq.
4cCath1 J ;olthus, 66-
951' =. #ahaa /7e., #uite 11'
6as Vegas , NV &9117
-hone: 7'")*&5)'3"9
+a,: &**)339)5*91
HhintG0mccath1holthus.com
/tt1 2o DE+(F# %E#5DEN(5/6 C%ED5( #:68(5:N# 5NC, /ND U8/65(<
6:/N #E%V5CE C:%-:%/(5:NF#
/nd 7ia deli7eing to thei attone1Fs o2 ecod C1 e2iling ?i2 he is an e2ile@, 2a,,
email and de.ositing a tue and coect co.1 o2 this document in the 8# mail on this
date addessed to:
Eic B. ZimCelman, Esq.
-eel Bimle1, 66-
"'1! E. 4adison, #uite 1''
#eattle , =/ 9&1""
-hone: "'*)77')3339
+a,: "'*)77')3!9'
eGimCelman0.eelCimle1.com
/tt1 2o DE+(F#=5ND#:% 4/N/9E4E(N C:. /ND /CC%ED5(ED
;:4E 6ENDE%#, 5NC. /# #8CCE##:% 5N 5N(E%E#( (: //4E# +8ND5N9
C:%-:%/(5:N DB/ //4E# ;:4E 6:/N
D/(ED this 3anua1 13th, "'1"
OsO Zach Coughlin
Zach Coughlin, Esq.
/ttone1 2o -lainti22s 3oni and 3ames Ca.entie%
MOTION TO SET ASIDE ORDER GRANTING SUMMARY JUDGMENT "*

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