12 13 11 0204 2064 22176 Motion For New Trial, Notice of Appeal NRS 189.030 (1) Requires RMC Add To ROA in CR11-2064 RMC Deficiencies Opt A9

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Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
Tele: 775229!7"7
#a$: 9%9!!77%02
&ro 'er (e)en*ant+,''ellant
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Ca<e No:11 CR 2217! 2/
(e't No: -u*ge 3o=ar*
1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
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Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al5 >otion #or &u?lication 1) Tran<cri't at &u?lic 0$'en<e,
&etition )or /n #or@a &au'eri< Statu<
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(e)en*ant+,''ellant, Zach Coughlin, here?A )ile< thi< Notice o) ,''eal, >otion to Vacate an*
or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or Recon<i*eration5 >otion )or Recu<al5 >otion #or
&u?lication 1) Tran<cri't at &u?lic 0$'en<e, &etition )or /n #or@a &au'eri< Statu<.
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(a) Grounds. , ne= trial @aA ?e grante* to all or anA o) the 'artie< an* on all or 'art o) the i<<ue< )or anA o) the
)ollo=ing cau<e< or groun*< @ateriallA a))ecting the <u?<tantial right< o) an aggrie6e* 'artA: C1; /rregularitA in the
'rocee*ing< o) the court, DurA, @a<ter, or a*6er<e 'artA, or anA or*er o) the court, or @a<ter, or a?u<e o) *i<cretion ?A
=hich either 'artA =a< 're6ente* )ro@ ha6ing a )air trial5 C2; >i<con*uct o) the DurA or 're6ailing 'artA5 C"; ,cci*ent or
<ur'ri<e =hich or*inarA 'ru*ence coul* not ha6e guar*e* again<t5 C%; Ne=lA *i<co6ere* e6i*ence @aterial )or the 'artA
@aEing the @otion =hich the 'artA coul* not, =ith rea<ona?le *iligence, ha6e *i<co6ere* an* 'ro*uce* at the trial5 C5;
>ani)e<t *i<regar* ?A the DurA o) the in<truction< o) the court5 C!; 0$ce<<i6e *a@age< a''earing to ha6e ?een gi6en un*er
the in)luence o) 'a<<ion or 'reDu*ice5 or, C7; 0rror in la= occurring at the trial an* o?Decte* to ?A the 'artA @aEing the
@otion. 1n a @otion )or a ne= trial in an action trie* =ithout a DurA, the court @aA o'en the Du*g@ent i) one ha< ?een
entere*, taEe a**itional te<ti@onA, a@en* )in*ing< o) )act an* conclu<ion< o) la= or @aEe ne= )in*ing< an* conclu<ion<,
an* *irect the entrA o) a ne= Du*g@ent.
(b) Time for Motion. , @otion )or a ne= trial <hall ?e )ile* no later than 10 *aA< a)ter <er6ice o) =ritten notice o) the
entrA o) the Du*g@ent.
(c) Time for Serving Affidavits. 2hen a @otion )or ne= trial i< ?a<e* u'on a))i*a6it< theA <hall ?e )ile* =ith the @otion.
The o''o<ing 'artA ha< 10 *aA< a)ter <er6ice =ithin =hich to )ile o''o<ing a))i*a6it<, =hich 'erio* @aA ?e e$ten*e* )or
an a**itional 'erio* not e$cee*ing 20 *aA< either ?A the court )or goo* cau<e <ho=n or ?A the 'artie< ?A =ritten
<ti'ulation. The court @aA 'er@it re'lA a))i*a6it<.
(d) On Courts Initiative; Notice; Secif!ing Grounds. No later than 10 *aA< a)ter entrA o) Du*g@ent the court, on it<
o=n, @aA or*er a ne= trial )or anA rea<on that =oul* Du<ti)A granting one on a 'artAF< @otion. ,)ter gi6ing the 'artie<
notice an* an o''ortunitA to ?e hear*, the court @aA grant a ti@elA @otion )or a ne= trial )or a rea<on not <tate* in the
@otion. 2hen granting a ne= trial on it< o=n initiati6e or )or a rea<on not <tate* in a @otion, the court <hall <'eci)A the
groun*< in it< or*er.
(e) Motion to A"ter or Amend a #udgment. , @otion to alter or a@en* the Du*g@ent <hall ?e )ile* no later than 10 *aA<
a)ter <er6ice o) =ritten notice o) entrA o) the Du*g@ent.
G,< a@en*e*5 e))ecti6e -ulA 1, 2005.H
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(a) C"erica" Mista$es. Clerical @i<taEe< in Du*g@ent<, or*er< or other 'art< o) the recor* an* error< therein ari<ing )ro@
o6er<ight or o@i<<ion @aA ?e correcte* ?A the court at anA ti@e o) it< o=n initiati6e or on the @otion o) anA 'artA an*
a)ter <uch notice, i) anA, a< the court or*er<. (uring the 'en*encA o) an a''eal, <uch @i<taEe< @aA ?e <o correcte* ?e)ore
the a''eal i< *ocEete* in the a''ellate court, an* therea)ter =hile the a''eal i< 'en*ing @aA ?e <o correcte* =ith lea6e o)
the a''ellate court.
(b) Mista$es; Inadvertence; %&cusab"e Neg"ect; Ne'"! (iscovered %vidence; )raud* %tc. 1n @otion an* u'on <uch
ter@< a< are Du<t, the court @aA relie6e a 'artA or 'artAF< legal re're<entati6e )ro@ a )inal Du*g@ent, or*er, or 'rocee*ing
)or the )ollo=ing rea<on<: C1; @i<taEe, ina*6ertence, <ur'ri<e, or e$cu<a?le neglect5 C2; ne=lA *i<co6ere* e6i*ence =hich
?A *ue *iligence coul* not ha6e ?een *i<co6ere* in ti@e to @o6e )or a ne= trial un*er Rule 59C?;5 C"; )rau* C=hether
hereto)ore *eno@inate* intrin<ic or e$trin<ic;, @i<re're<entation or other @i<con*uct o) an a*6er<e 'artA5 C%; the
Du*g@ent i< 6oi*5 or, C5; the Du*g@ent ha< ?een <ati<)ie*, relea<e*, or *i<charge*, or a 'rior Du*g@ent u'on =hich it i<
?a<e* ha< ?een re6er<e* or other=i<e 6acate*, or it i< no longer eIuita?le that an inDunction <houl* ha6e 'ro<'ecti6e
a''lication. The @otion <hall ?e @a*e =ithin a rea<ona?le ti@e, an* )or rea<on< C1;, C2;, an* C"; not @ore than ! @onth<
a)ter the 'rocee*ing =a< taEen or the *ate that =ritten notice o) entrA o) the Du*g@ent or or*er =a< <er6e*. , @otion
un*er thi< <u?*i6i<ion C?; *oe< not a))ect the )inalitA o) a Du*g@ent or <u<'en* it< o'eration. Thi< rule *oe< not li@it the
'o=er o) a court to entertain an in*e'en*ent action to relie6e a 'artA )ro@ a Du*g@ent, or*er, or 'rocee*ing, or to <et
a<i*e a Du*g@ent )or )rau* u'on the court. 2rit< o) cora@ no?i<, cora@ 6o?i<, au*ita Iuerela, an* ?ill< o) re6ie= an* ?ill<
in the nature o) a ?ill o) re6ie=, are a?oli<he*, an* the 'roce*ure )or o?taining anA relie) )ro@ a Du*g@ent <hall ?e ?A
@otion a< 're<cri?e* in the<e rule< or ?A an in*e'en*ent action.
(c) (efau"t #udgments+ (efendant Not ,ersona""! Served. 2hen a *e)ault Du*g@ent <hall ha6e ?een taEen again<t anA
'artA =ho =a< not 'er<onallA <er6e* =ith <u@@on< an* co@'laint, either in the State o) Ne6a*a or in anA other
Duri<*iction, an* =ho ha< not entere* a general a''earance in the action, the court, a)ter notice to the a*6er<e 'artA, u'on
@otion @a*e =ithin ! @onth< a)ter the *ate o) <er6ice o) =ritten notice o) entrA o) <uch Du*g@ent, @aA 6acate <uch
Du*g@ent an* allo= the 'artA or the 'artAF< legal re're<entati6e< to an<=er to the @erit< o) the original action. 2hen,
ho=e6er, a 'artA ha< ?een 'er<onallA <er6e* =ith <u@@on< an* co@'laint, either in the State o) Ne6a*a or in anA other
Duri<*iction, the 'artA @u<t @aEe a''lication to ?e relie6e* )ro@ a *e)ault, a Du*g@ent, an or*er, or other 'rocee*ing
taEen again<t the 'artA, or )or 'er@i<<ion to )ile an an<=er, in accor*ance =ith the 'ro6i<ion< o) <u?*i6i<ion C?; o) thi<
rule.
(d) (efau"t #udgments+ Modification Nunc ,ro Tunc. 2hene6er a *e)ault Du*g@ent or *ecree ha< ?een entere*, the
'artA or 'artie< in *e)ault therein @aA at anA ti@e therea)ter, u'on =ritten con<ent o) the 'artA or 'artie< in =ho<e )a6or
Du*g@ent or *ecree ha< ?een entere*, enter general a''earance in the action, an* the general a''earance <o entere* <hall
ha6e the <a@e )orce an* e))ect a< i) entere* at the 'ro'er ti@e 'rior to the ren*ition o) the Du*g@ent or *ecree. 1n <uch
a''earance ?eing entere* the court @aA @aEe an* enter a @o*i)ie* Du*g@ent or *ecree to the e$tent onlA o) <ho=ing <uch
general a''earance on the 'art o) the 'artA or 'artie< in *e)ault, an* it <hall ?e entere* nunc 'ro tunc a< o) the *ate o) the
original Du*g@ent or *ecree5 'ro6i*e*, ho=e6er, that nothing herein containe* <hall 're6ent the court )ro@ @o*i)Aing
<uch Du*g@ent or *ecree a< <ti'ulate* an* agree* in =riting ?A the 'artie< to <uch action, an* in accor*ance =ith the ter@<
o) <uch =ritten <ti'ulation an* agree@ent.
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(a) Automatic Sta!. 0$ce't a< <tate* herein, no e$ecution <hall i<<ue u'on a Du*g@ent nor <hall 'rocee*ing< ?e taEen )or
it< en)orce@ent until the e$'iration o) 10 *aA< a)ter <er6ice o) =ritten notice o) it< entrA.
(b) Sta! on Motion for Ne' Tria" or for #udgment. /n it< *i<cretion an* on <uch con*ition< )or the <ecuritA o) the
a*6er<e 'artA a< are 'ro'er, the court @aA <taA the e$ecution o) or anA 'rocee*ing< to en)orce a Du*g@ent 'en*ing the
*i<'o<ition o) a @otion )or a ne= trial or to alter or a@en* a Du*g@ent @a*e 'ur<uant to Rule 59, or o) a @otion )or relie)
)ro@ a Du*g@ent or or*er @a*e 'ur<uant to Rule !0, or o) a @otion )or Du*g@ent in accor*ance =ith a @otion )or a
Du*g@ent a< a @atter o) la= @a*e 'ur<uant to Rule 50, or o) a @otion )or a@en*@ent to the )in*ing< or )or a**itional
)in*ing< @a*e 'ur<uant to Rule 52C?;.
(c) -eserved.
(d) Sta! .on Aea". 2hen an a''eal i< taEen the a''ellant ?A gi6ing a <u'er<e*ea< ?on* @aA o?tain a <taA. The ?on*
@aA ?e gi6en at or a)ter the ti@e o) )iling the notice o) a''eal. The <taA i< e))ecti6e =hen the <u'er<e*ea< ?on* i< )ile*.
" Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
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(e) Sta! in )avor of t/e State or Agenc! T/ereof. 2hen an a''eal i< taEen ?A the State or ?A anA countA, citA or to=n
=ithin the State, or an o))icer or agencA thereo) an* the o'eration or en)orce@ent o) the Du*g@ent i< <taAe*, no ?on*,
o?ligation, or other <ecuritA <hall ?e reIuire* )ro@ the a''ellant.
(f) -eserved.
(g) ,o'er of Ae""ate Court Not 0imited. The 'ro6i<ion< in thi< rule *o not li@it anA 'o=er o) an a''ellate court or o)
a Du*ge or Du<tice thereo) to <taA 'rocee*ing< *uring the 'en*encA o) an a''eal or to <u<'en*, @o*i)A, re<tore, or grant an
inDunction *uring the 'en*encA o) an a''eal or to @aEe anA or*er a''ro'riate to 're<er6e the <tatu< Iuo or the
e))ecti6ene<< o) the Du*g@ent <u?<eIuentlA to ?e entere*.
(/) Sta! of #udgment as to Mu"ti"e C"aims or Mu"ti"e ,arties. 2hen a court ha< or*ere* a )inal Du*g@ent un*er the
con*ition< <tate* in Rule 5%C?;, the court @aA <taA en)orce@ent o) that Du*g@ent until the entering o) a <u?<eIuent
Du*g@ent or Du*g@ent< an* @aA 're<cri?e <uch con*ition< a< are nece<<arA to <ecure the ?ene)it thereo) to the 'artA in
=ho<e )a6or the Du*g@ent i< entere*.
G,< a@en*e*5 e))ecti6e -ulA 1, 2005.H
'ro<ecutorial @i<con*uct C<uch a< the (.,. =ithhol*ing Je$cul'atorAJ e6i*ence that coul*F6e hel'e* Aour *e)en<e;
Du*icial error< C<uch a< the Du*ge 'er@itting e6i*ence that <houl*F6e ?een e$clu*e* or 6ice 6er<a;
erroneou< a''lication o) a la= or regulation i@'ro'er DurA in<truction<
ine))ecti6e a<<i<tance o) coun<el or other @al'ractice the e6i*ence *i* not 'ro6e Aour guilt ?eAon* a rea<ona?le *ou?t
/ =ent to the )iling o))ice at the R>C a cou'le ti@e< recentlA, inclu*ing to*aA, an* <ent in another =ritten reIue<t <eeEing
an au*io ta'e o) the Trial in R>C 11 CR 2217! /C 110!27 RS/C ?ut =a< tol* ?A a ClerE that / =oul* nee* to 'aA )or
the entire Trial to ?e tran<cri?e*, an* onlA then =oul* / ?e allo=e* to rea* it, an* that / =oul* not ?e allo=e* to acce<<
the au*io o) the hearingK /< thi< correctK / nee* to ha6e the au*io o) the Trial to )ini<h @A Rule 59, !0, an* >otion )or
Recon<i*eration >otion<..../ =ill 'aA )or the au*io. / ha6e recei6e* @anA au*io c*+*6*L< )ro@ ?oth Reno -u<tice Court
an* 2a<hoe (i<trict Court, an* it =a< announce* in court that the trial =a< ?eing au*io recor*e*, a< <uch, / ho'e Aou =ill
a))or* @e a co'A. To*aA, / calle* the R>C an* <'oEe =ith Veronica, =ho <oun*e* 6erA angrA =ith @e an* *i<@i<<i6e. /
=a< <u@@arilA <entence* to " *aA< in Dail at the en* o) the trial in thi< @atter, e6en =here / ha* ?een *enie* @A Si$th
,@en*@ent Right To Coun<el, a)ter a Conte@'t co@@itte* in the courtL< 're<ence )in*ing =a< announce*, in a**ition to
a guiltA 6er*ict in the un*erlAing action. Veronica in)or@e* @e that <he =a< at the trial an* that the R>C ha* )aile* to
@ail @e or other=i<e <er6e @e =ith a co'A o) the =ritten 1r*er, either )or the guiltA con6iction in the un*erlAing ca<e or
the conte@'t or*er. / =a< )orce* into han*cu))< <o IuicElA ater -u*ge 3o=ar* conclu*e* i<<uing hi< oral ruling that / =a<
not e6en a?le to <a6e @A note< on @A co@'uter, it =a< literallA a''arentlA that e$igent a <ituation to han*cu)) @e....Then
a )e= >ar<hall< 'lace <o@e 'iece< o) 'a'er in )ront o) @e an* *e@an*e* / <ign the@, an* ?eca@e angrA, liEe Veronica
an* liEe >ar<hall >onte, / ?elie6e, =a< at the arraing@ent, =hen / a<Ee* a <i@'le Iue<tion relate* to *ue 'roce<<,
<o@ething @anA at the R>C *o not <ee@ all that ena@ore* =ith. / a<Ee* i) / coul* e6en rea* the 'a'er< theA =ere
*e@an*ing / <ign right then an* there. The curtlA an* lou*lA <ai* no, then *ragge* @e a=aA ?e)ore / coul* rea* the
'a'er<, @uch le<< <ign the@. Veronica <narle* at @e that that =a< all the <er6ice o) the 1r*er o) Conte@'t an* 9uiltA
Ver*ict that / =oul* get, ?ut that <he @ight )a$ it to @e, ho=e6er, no )a$ ha< arri6e*, *e<'ite @A illu<trating the
e$igencie< o) recei6ing the 1r*er in 're'aring @A Relie) #ro@ -u*g@ent >otion<. Veronica continue to curtlA re)u<e to
'ro6i*e @e anA co'A o) anA o) the 're6iou<lA )ile* 1r*er< o) the Court unle<< / 'ai* )or the@, *e<'ite @A a''arentlA not
ha6ing ?een 'ro6i*e* a co'A o) <uch or*er< in the )ir<t 'lace. / ha6e no i*ea =hat tho<e 'a'er< =ere CtheA certainlA =ere
not in the 'ro'ertA gi6en to @e u'on @A relea<e )ro@ Dail; an* ha6e recei6e* nothing in the @ail, *e<'ite u'*ating the
R>C =ith @A ne= a**re<< o): 817 N. Virginia St. #2, Reno NV 89501 an* )iling an o))icial Change o) ,**re<< =ith the
.S&S <hortlA a)ter / =a< <u@@arilA e6icte* C*e<'ite there ?eing onlA a No Cau<e Su@@arA 06iction notice again<t @A
co@@ercial lea<e, <o@ething entirelA 'ro?i?ite* again<t un*er NRS %0.25". Not onlA =a< / *enie* @A Si$th ,@en*@ent
Right to Coun<el =here Dail ti@e =a< a 'o<<i?ilitA Can* =here, /, in )act =a< Daile*, i@@e*iatelA;. / =a< *enie* a
continuance in thi< @atter *e<'ite a =ritten a<<ent to one ?A Reno CitA ,ttorneA &a@ Ro?ert< an* *e<'ite the )act that the
% Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
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Reno CitA ,ttorneA =a< gi6en one ?A @A <u''o<e* a''ointe* coun<el :e= Taitel C=ho@ i< Ja<<ociate* =ithJ
C htt':++===.ne6c<.co@+attorneA.ht@l ; an entitA that / ha''en to ?e <uing Ne6a*a Court Ser6ice<, inci*ent to the <a@e
e6iction 'rocee*ing )or =hich >r. Taitel *i* grant, an* the R>C *i* grant, a continuance in the other R>C ca<e again<t
@e, the tre<'a<< action that =a< <et )or trial on (ece@?er 1"th, ?ecau<e Richar* 9. 3ill, =ho / a@ al<o <uing in
connection =ith the =rong)ul e6iction again<t, =a< going to ?e on 6acation an* the R>C a''arentlA )oun* that a goo*
rea<on )or a continuance, co@'are* to the R>C )eeling @A ?eing e6iction on or aroun* No6e@?er 1"th, then =rong)ullA
arre<te* in connection =ith the e6iction, un*er a tre<'a<< charge, an* incarcerate* )or a nu@?er o) *aA<, all =hile Richar*
3ill a''lie* an unla=)ul rent *i<traint u'on @anA e$cul'atorA @aterial< that =oul* <'eaE to a <tate* an* e$'re<<
retaliatorA @oti6e on the 'art o) 2al@art an* the RS/C, an* other e$cul'atorA @aterial< ?eing =rong)ullA =ithhel* un*er
an unla=)ul rent *i<traint ?A Richar* 9. 3ill, 0<I., the <a@e 'er<on >r. Taitel, the Reno CitA ,ttorneA, an* the R>C
*eci*e* *e<er6e* <uch <anctitA a''lie* to hi< @onthlong 6acation )ro@ ThanE<gi6ing to Ne= 4earL< to grant a
continuance, =ith no in'ut )ro@ @e.
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another (0>,N( #1R -.R4 TR/,: 30R074 >,(0 /N 0V0NT 1# N02 TR/,:, S/>/:,R:4 R0M.0ST #1R
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(e)en*ant+,''elant Coughlin here?A re<'ect)ullA reIue<t< all 1r*er<, Con6iction<,
-u*g@ent<, Conte@'t #in*ing<, =hate6er, <te@@ing )ro@ the No6e@?er "0
th
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RE: your failure to propound discovery
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 12/08/11 5:14 PM
To: hazlett-stevensc@reno.gov
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=57...
1 of 7 12/12/2011 4:21 PM
Chris,
I am engaging you in relation to 11 CR 22176 an your failure to provide me
access to or copies of the discovery from the arrest of September 9, 2011, not
the trespass case. We will deal with the trespass case later. For now, please
just address your failure ot provide copies of the discovery when I requested.
Can you check your phone records? Would you like me to check mine?
How about your fax records. Mine? I think you will find that we definately
did speak. Anyways, can you indicate your offices standard operating
procedure when a defendant or accused calls and writes your office up
requesting discovery within a day after the arrest? Must you provide
something within 48 hours of the arrest? What about if the arraignment is set
out one month from the arrest? Must an arraignment occur prior to that? It
seems rather suspect to assert that your office does not have any records or
discovery incident to the an arrest of September 9, 2011, when the accused
calls and writes requesting documentation incident to the arrest on
approximately September 13th, 2011 and again soon thereafter, and again
somewhat later, when discovery subsequently provided by Pam Roberts
shows a fax (only a partial portion of which, apparently, was included in the
discovery) from Sargent Avansino to your office dated September 12,
20 11...Further, you did not indicate that your office had something but
wouldn't provide it, you indicated that your office simply did not have
anything. You made remarks about how you weren't going to tell this and
that person how to do their job, etc ... Remember? It seems patently unfair for
the prosecutor to be provided access to this documentation over one month
prior to the defendant being afforded access to it, and sufficient time to do
who knows what with it (several pages of Sargent Avansino's fax appear
missing and the Probable Cause sheet does not appear to be reviewed and
signed off on for a probable cause fmding by any Magistrate, the form is
simply blank), particularly were a continuance was at first agreed to by
Roberts in writing (only to have her weasel out of that at trial while making
jokes about the defendant's need to use the restroom in open court). Please
indicate, further, in writing, if your office received any faxed or emailed
records request from me, Zach Coughlin, at any time, including the period of

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.

Date: Thu, 8 Dec 2011 16:05:11 -0800
From: Hazlett-StevensC@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: your failure to propound discovery
Mr. Coughlin. I have never spoken to you and have never denied discovery to a defendant in any matter. Again
you seek to engage me in a convesation about the pending trespassing. I cannot speak with you. You are
represented by counsel.

Thank you,

Chris
Christopher Hazlett-Stevens
Deputy City Attorney
City of Reno
Tel: 326-6628
Fax: 334-4226

2 of 7 12/12/2011 4:21 PM
ATTORNEY-CLIENT PRIVILEGED

This e-mail message transmission and any documents, files or previous e-mail messages attached to it, are
confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the
intended recipient or a person responsible for delivering it to the intended recipient you are hereby notified that
any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or
attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify us by forwarding this e-mail to the sender or by telephone at (775) 334-2050 and
then delete the message and its attachments.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <hazlett-stevensc@reno.gov>, <robertsp@reno.gov>
Date: Thu, 8 Dec 2011 15:44:36 -0800
Subject: RE: your failure to propound discovery

3 of 7 12/12/2011 4:21 PM
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
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
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.

Date: Wed, 7 Dec 2011 07:34:25 -0800
Subject: Re: your failure to propound discovery
Mr. Coughlin. You are represented by counsel and I cannot correspond with you. I have never correponded
with you, and your statement that you spoke with me is false. I have never spoken with you. You may have
your attorney, Roberto Puentes, contact me with any discovery issues or issues regarding the City's Motion to
Continue. Please do not correspond with me regarding this case in the future. As an attorney, you are fully
aware that I cannot communicate with a you as a represented party. Do not contact me without your
counsel.

Thank you,

Chris
City of Reno
Tel: 326-6628
Fax: 334-4226


confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not
4 of 7 12/12/2011 4:21 PM
the intended recipient or a person responsible for delivering it to the intended recipient you are hereby
notified that any review, disclosure, copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify us by forwarding this e-mail to the sender or by telephone at
(775) 334-2050 and then delete the message and its attachments.
To: <hazlett-stevensc@reno.gov>
Date: Wed, 7 Dec 2011 01:48:03 -0800
Subject: your failure to propound discovery
Dear Mr. Hazlett-Stevens,
I am writing to request a copy of any and all discovery, pleadings, documentation,
correspondences, or media in any way connected to the trespass case against me for
which Lew Taitel was apparently my court appointed attorney, but whom no longer is.
Further, I wish to be copied on everything past and present in any way related to this
matter until and after I procure another attorney. I did not agree to the continuance you
sought, nor was I informed you were seeking it. I find it particularly troubling that a
continuance was granted in the trespass case to the same man who is applying an
unlawful rent distraint on both my client files, personal property, AND THE
EXCLUPATING EVIDENCE I NEED TO DEFEND MYSELF IN THE PETIT
LARCENY CASE FOR WHICH I DETAIL THE COMPLAINTS I HAVE AGAINST
YOU AND YOUR OFFICE'S HANDLING BELOW. NO CONTINUANCE WAS
GRANTED OR AGREED TO AT TRIAL BY THE RMC OR MS. ROBERTS,
PERHAPS SHE WAS TOO BUSY ALLEGEDLY SUBORNING THE PERJ URY OF
RSIC OFFICER KAMERON CRAWFORD.

In the discovery your office provided in the petit larceny matter Ms. Roberts prosecuted
against me there is a fax from the RSIC to you that has a fax heading for what appears to
be "page 1" followed by pages without that heading...then a heading with "page 4" etc...
I want the entire contents of anything provided by the RSIC and Walmart to you or
anyone connected with the Reno City Attorney or the Reno Municipal Court. Further, I
want all media provided by Walmart, and I question why you needed 45 minutes with
the three witness who testified at the November 30th, 2011 trial, from 1pm to 1:45pm.
Additionally, you are hereby served a NRCP 11 motion requiring you to correct the
perjury you suborned in court with respect to the patently contradictory testimony of
Officer Crawford vis a vis the video evidence you yourself provided in discovery.
5 of 7 12/12/2011 4:21 PM

Further, I spoke with you, Mr. Hazlett-Stevens, shortly after the September 9, 2011
arrest in this matter demanding a copy of all documentation or discovery that I had any
right to. I was told I would not have any opportunity to review such materials prior to
the arraignment, which was not set for a full 30 days out from the arrest. Do I not have
a right to a copy of the pc sheet, arrest report, and witness statements within 48 hours of
the arrest? The fax to your office from the RSIC is dated 9/12/2011, yet my written
demands and requests for such discovery and documentation were met with refusals to
provide such materials, and, in some case, claims that your office did not even have such
materials and would not get them until after the arraignment. Further, I spoke with and
provided written requests to RSIC Sargent Avansino within 2 days after the arrest and he
refused to provide the materials, as did the Reno Municipal Court. Please alert the court
to any wrongdoing on your's or the Reno City Attorney or the RSIC part in this regard in
prejudicing my ability to defend my case by delaying the production of essential
discovery, then refusing to agree to a continuance at trial, after earlier providing a
written agreement to such a continuance.

Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
** 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 ag ent responsible for delivering it to the intended recipient, y ou 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.

6 of 7 12/12/2011 4:21 PM
7 of 7 12/12/2011 4:21 PM

Nevada Court Services
475 So. Arlington Suite 1A
Reno, Nevada 89501
(775) 348-7560
(Toll Free) 800-570-5583
Fax: (775) 348-7977
Email: nevcs@nevcs.com

The following Attorney is associated with and highly recommended by Nevada Court Services

" Serving the People of Nevada"
Lewis S. Taitel
Attorney at Law
475 S. Arlington Suite 1A
Reno, Nevada 89501
(775) 322-2272
Fax: (775) 348-7977

Nevada State Bar No. 4397
Disclaimer: " The State Bar of Nevada does not certify any lawyer as a specialist or expert.."
Criminal Law - DUI Defense - Personal Injury
Property Law - Collections - Divorce - Civil Law
Adoption - Family Law
Nevada Attorney Directory
Page 1of 2 Nevada Court Services - Attorney
12/12/2011 http://www.nevcs.com/attorney.html
Copyright 1997-2011 - Nevada Court Services - All Rights Reserved

Page 2of 2 Nevada Court Services - Attorney
motion for continuance
Sent: Fri 11/11/11 1:40 AM
To: robertsp@reno.gov
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=dd...
1 of 41 12/12/2011 4:29 PM
RE: motion for continuance
privilege.
Sent: Wed 11/16/11 3:35 PM

Thank You,

2 of 41 12/12/2011 4:29 PM
Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received confirmation
from the Court that your trial date has been continued, you will need to appear this afternoon at 1:00 pm in
Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we are unable to
resolve the case, you can ask the Court again for a continuance and I won't object. However, it is the Court's
decision to grant your motion to continue.

It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so the
Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in a misdemeanor
case.

I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.

To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
Subject: motion for continuance
3 of 41 12/12/2011 4:29 PM
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118

Sent: Wed 11/16/11 5:30 PM
4 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
privilege.

Date: Wed, 16 Nov 2011 17:12:21 -0800
Subject: RE: motion for continuance
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request for
reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled to
copies of all the reports and witness statements and video we may have on this case. Since I am not calling any
additional witnesses that are not already mentioned in the reports/statements, I am not obligated to send you
an additional list of witnesses. I am also not obligated to do any further investigation or interviews. Pam
Roberts.
5 of 41 12/12/2011 4:29 PM
Date: Wed, 16 Nov 2011 15:35:48 -0800

Thank You,

Date: Mon, 14 Nov 2011 10:36:45 -0800
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received
confirmation from the Court that your trial date has been continued, you will need to appear this afternoon at
1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we
are unable to resolve the case, you can ask the Court again for a continuance and I won't object. However, it
is the Court's decision to grant your motion to continue.

It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so
the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.


6 of 41 12/12/2011 4:29 PM
Date: Fri, 11 Nov 2011 01:40:53 -0800
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified
7 of 41 12/12/2011 4:29 PM

Sent: Thu 11/17/11 3:37 PM
Dear Ms. Roberts,

I do not mean to suggest you do not know what your duty it. Believe me, I am well aware that you could mop
up the court room with a neophyte attorney such as myself. I was merely hoping to get some direction from you
regarding trial practice approaches in general.

Sincerely,

Zach
Sent: Mon 11/21/11 1:05 PM
Sincerely,
8 of 41 12/12/2011 4:29 PM
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
privilege.

Date: Thu, 17 Nov 2011 07:40:44 -0800
CC: colterp@reno.gov
Mr. Coughlin, the three witnesses who were there at the first trial date include: Thomas Frontino (Walmart
employee) and Officers Crawford and Braunworth from the Reno Sparks Indian Colony Police. I obtained the
video at the first trial date from the Walmart employee and it is available for you to view or get a copy. You
may want to view it at the City Attorney's Office as the CD doesn't seem to work on everyone's computer. Penie
Colter will be able to assist you. I am not clear on what you think my duty is, but I know what my duty is and I
will not debate it via email. Pam Roberts, Deputy City Attorney.
Date: Wed, 16 Nov 2011 17:30:36 -0800
9 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada

Date: Wed, 16 Nov 2011 17:12:21 -0800
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request for
reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled to
copies of all the reports and witness statements and video we may have on this case. Since I am not calling
any additional witnesses that are not already mentioned in the reports/statements, I am not obligated to send
you an additional list of witnesses. I am also not obligated to do any further investigation or interviews. Pam
Roberts.
10 of 41 12/12/2011 4:29 PM
Date: Wed, 16 Nov 2011 15:35:48 -0800

Thank You,

Date: Mon, 14 Nov 2011 10:36:45 -0800
confirmation from the Court that your trial date has been continued, you will need to appear this afternoon
at 1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and
if we are unable to resolve the case, you can ask the Court again for a continuance and I won't object.
However, it is the Court's decision to grant your motion to continue.

It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so
the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.

11 of 41 12/12/2011 4:29 PM

Date: Fri, 11 Nov 2011 01:40:53 -0800
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
12 of 41 12/12/2011 4:29 PM
temporary address change and instruction to pursue a continuance
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: Mon 11/21/11 4:06 PM
To: howardk@reno.gov; robertsp@reno.gov

13 of 41 12/12/2011 4:29 PM
14 of 41 12/12/2011 4:29 PM
Please note that my temporary address for now is:
Zach Coughlin, Esq.
c/o Silver Dollar Motel
817 N. Virginia St., Unit # 2
Reno, NY 89501
The opposing counsel in the summary eviction matter is withholding my
phone as well and refusing to allow me to access any mail that may remain at
the property from those times when the USPS was processing my official
Change of Address. Email is the best way to get in contact with me during
this transition period.
For instance, I am unware whether my Motion for Appointment of Counsel
was granted or not. I called Judge Howard's assistant and requested that she
email me the docket in this case and any pleadings or orders filed, including
any order that may have stemmed form any of my previous motions, as I am
not sure how those were ruled on. I believe my internet based fax service
will allow me to receive those materials at my number 9496677402, though
I would prefer email, but I know many governmental entities prefer to fax
such items. I am requesting a jury trial, a substantial continuance, and the
appointment of counsel. I object to the RMC's practice of refusing to tell
litigants who the 4 "house" appointed defenders are upon questioning.
Further, it has become clear that some of these "former prosecutors" who are
now the gang of four "house" defenders, do not even announce to accused
arraignees that they are, in fact, the defender or an attorney or that they may
be representing the arraignees. I am hereby filing a motion in limine
regarding any materials or information gleaned from the unlawful search by
the RSIC Officer, who clearly announced that they would base their probable
cause to arrest and conduct a search incident to arrest upon any failure to
consent to a search by the accused. Further, the alleged conduct did not
occur in the Officer's presence, and I believe there exists authority preventing
a minor misdemeanor arrest and transport under those circumstances.
Additionally, more time is needed to conduct discovery in this matter,
especially in light of allegations that Walmart had previously threatened
individuals, including, perhaps, the accused, with retaliatory action, including
illicit abuse of process, for the purported attempts by someone to have the
Zach Coughlin
privilege.
Sent: Mon 11/21/11 7:18 PM
15 of 41 12/12/2011 4:29 PM
Ms. Roberts, the opposing attorney's unlawful rent distraint is preventing me from providing all the discovery I
would like to provide you with or ascertain the need to do, and further is preventing me from having access to
the materials and information I need to litigate this case.
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
privilege.

Date: Mon, 14 Nov 2011 10:36:45 -0800
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received confirmation
from the Court that your trial date has been continued, you will need to appear this afternoon at 1:00 pm in
Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we are unable to
resolve the case, you can ask the Court again for a continuance and I won't object. However, it is the Court's
decision to grant your motion to continue.

It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so the
Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in a misdemeanor
case.


16 of 41 12/12/2011 4:29 PM
Date: Fri, 11 Nov 2011 01:40:53 -0800
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
17 of 41 12/12/2011 4:29 PM
verint user agreement

Sent: Mon 11/21/11 8:40 PM
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
18 of 41 12/12/2011 4:29 PM
Re: temporary address change and instruction to pursue a continuance
privilege.
From: Ken Howard (HowardK@reno.gov)
Sent: Tue 11/22/11 7:01 AM
To: Zach Coughlin (zachcoughlin@hotmail.com); robertsp@reno.gov
Mr. Zach Coughlin

There is an appropriate manner in which to tender "motions" to the court. They are to be properly
prepared and filed. Do not use this e-mail address to communicate directly with the judge.

Ken Howard
Reno Municipal Court J udge
Department 4
(775) 326-6673

To: <howardk@reno.gov>, <robertsp@reno.gov>
Date: Mon, 21 Nov 2011 16:06:32 -0800
Subject: temporary address change and instruction to pursue a continuance

19 of 41 12/12/2011 4:29 PM
20 of 41 12/12/2011 4:29 PM
hearing/trial, I cannot even access when that hearing is. I have informed
opposing counsel Roberts of some of the issues which will require extensive
discovery, a jury trial, and more time to afford myself a legitimate
opportunity to defend this case. I have not been served any Order
responding to my request for appointment of counsel, as I believe it is
required even if the State does not "intend" to seekjail time, where any
incarceration is a possibility, the Sixth Amendment guarantees it.
Please note that my temporary address for now is:
Zach Coughlin, Esq.
c/o Silver Dollar Motel
817 N. Virginia St., Unit # 2
Reno, NV 89501
The opposing counsel in the summary eviction matter is withholding my
phone as well and refusing to allow me to access any mail that may remain
at the property from those times when the USPS was processing my official
Change of Address. Email is the best way to get in contact with me during
this transition period.
For instance, I am unware whether my Motion for Appointment of Counsel
was granted or not. I called Judge Howard's assistant and requested that she
email me the docket in this case and any pleadings or orders filed, including
any order that may have stemmed form any of my previous motions, as I am
not sure how those were ruled on. I believe my internet based fax service
will allow me to receive those materials at my number 9496677402,
though I would prefer email, but I know many governmental entities prefer
to fax such items. I am requesting a jury trial, a substantial continuance,
and the appointment of counsel. I object to the RMC's practice of refusing
to tell litigants who the 4 "house" appointed defenders are upon
questioning. Further, it has become clear that some of these "former
prosecutors" who are now the gang of four "house" defenders, do not even
announce to accused arraignees that they are, in fact, the defender or an
attorney or that they may be representing the arraignees. I am hereby filing
a motion in limine regarding any materials or information gleaned from the
unlawful search by the RSIC Officer, who clearly announced that they
would base their probable cause to arrest and conduct a search incident to
Zach Coughlin
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.

21 of 41 12/12/2011 4:29 PM
Sent: Tue 11/29/11 1:33 PM
Dear Ms. Roberts,

The opposing attorney in the Summary Eviction Proceeding against me in my home law office/business is
asserting a lien against my office, law practice files, and materials necessary to discovery production and
defending the case that you are the prosecutor on. I believe a continuance is absolutely necessary in the
interests of justice. Additionaly, you have been informed that Walmart previous to the arrest in this matter
became upset at the accused and made threats of malicious prosecution and abuse of process incident to the
accused questioning various Wal-mart personnel and managers about Wal-Marts curious practice of remixing
and forgetting the Return Policy stated in writing at Walmart.com (and expressly made applicable to purchases
made in Wal-Mart stores). A manager named "Ellis", though who may have identified himself as "John" and a
Loss prevention associate at the West 7th Street Wal-Mart in Reno allegedly told the accused that they would
have him banned from all Wal-Marts in retaliation for the accused seeking to do something to which he was
legally entitled to do, return and item at a Wal-Mart stores in accordance with Wal-Mart's stated and written
Return Policy. There are other retaliatory aspects to the conducts and statements made by both Wal-Mart and
RSIC personnel in this case.

Additionally, the video "evidence" that you provided is shameful. It consists of two short clips in some Wal-Mart
back room where 5-6 people, including 2 RSIC officers acting under color of state law on land their employer
owns and leases to Wal-Mart attempt to coerce not only a confession, but a consent to search. There is no audio
of the video, at least not the video you provided, that is. Where is the video of the alleged acts? How you can
maintain a case such as this stemming from the accused acts in a store like Wal-Mart, that has hundreds of
cameras and only provide video from some backroom that proves nothing and, in the words of "Jeannie" the
contact person at your office "doesn't show anything", I am not sure, and whether that is violative of your duties
as a prosecutor, Nifong, NRCP 11 (see Schumacher's application of that civil rule to the DA) is not clear. You
have been informed that the RSIC officer committed police misconduct and yet you brazenly announce in writing
that you do not intend to follow up on that, nor do you feel compelled to.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
22 of 41 12/12/2011 4:29 PM
privilege.

Date: Tue, 22 Nov 2011 07:59:37 -0800
Dear Mr. Coughlin, you will need to file a motion to continue in compliance with Reno Municipal Court
procedures. As I have stated in a previous email, I do not object to your motion to continue, however, it is up
to the J udge whether or not he will grant your motion. Regarding the video which I obtained at your previous
court date, I have told you that you can come to our office and view the video. If you still want a copy, I
believe our staff will be able to make one for you. NRS 174.235 does not require me to do more than what I
have already done. We have provided you with the reports we have, listed the witnesses we will call and made
the video available to you. Pam Roberts, Deputy City Attorney.
Date: Mon, 21 Nov 2011 13:05:28 -0800
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
23 of 41 12/12/2011 4:29 PM

Date: Thu, 17 Nov 2011 07:40:44 -0800
CC: colterp@reno.gov
Mr. Coughlin, the three witnesses who were there at the first trial date include: Thomas Frontino (Walmart
employee) and Officers Crawford and Braunworth from the Reno Sparks Indian Colony Police. I obtained the
video at the first trial date from the Walmart employee and it is available for you to view or get a copy. You
may want to view it at the City Attorney's Office as the CD doesn't seem to work on everyone's computer.
Penie Colter will be able to assist you. I am not clear on what you think my duty is, but I know what my duty
is and I will not debate it via email. Pam Roberts, Deputy City Attorney.
Date: Wed, 16 Nov 2011 17:30:36 -0800
24 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified

Date: Wed, 16 Nov 2011 17:12:21 -0800
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request
for reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled
to copies of all the reports and witness statements and video we may have on this case. Since I am not
calling any additional witnesses that are not already mentioned in the reports/statements, I am not
obligated to send you an additional list of witnesses. I am also not obligated to do any further investigation
or interviews. Pam Roberts.
Date: Wed, 16 Nov 2011 15:35:48 -0800
25 of 41 12/12/2011 4:29 PM

Thank You,

Date: Mon, 14 Nov 2011 10:36:45 -0800
confirmation from the Court that your trial date has been continued, you will need to appear this
afternoon at 1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at
that time and if we are unable to resolve the case, you can ask the Court again for a continuance and I
won't object. However, it is the Court's decision to grant your motion to continue.

It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time,
so the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.


Date: Fri, 11 Nov 2011 01:40:53 -0800
26 of 41 12/12/2011 4:29 PM
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
** 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
27 of 41 12/12/2011 4:29 PM
FW: temporary address change and instruction to pursue a continuance
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: Tue 11/29/11 3:14 PM
To: robertsp@reno.gov; renomunirecords@reno.gov
1 attachment
Motion for Continuance to Reno City Atty Roberts RMC.pdf (448.9 KB)
Ms. Roberts and RMC Records Supervisor Donna,
I am forwarding this apology I sent to Judge Howard in response to his remonstration responding to my email to
him, in an abundance of caution to avoid ex parte communications with the court, outside your presence. Please
also find attach e a NRCP Rule 11 safe harbor filing ready sanctions motions I am hereby serving on you,
invoking the 21 day safe harbor, with a reservation that any misconduct you commit in the court's presence may
be punished sua sponte or subject to contemporaneous sanctions requests, particular with regard to you blase
dismissal of the official misdoncut, malicious prosecution, 42 USC Sec 1983 deprivations of civil rights under
color of state law and all those other things your office and Hartshorn, et all have been sued for over the years.

Please find attached my Motion for Continuance, being filed by fascimile today with the RMC.
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
28 of 41 12/12/2011 4:29 PM
your cop lying, see your video drivers license produce ap overview at
6:49 mark
privilege.

From: zachcoughlin@hotmail.com
To: howardk@reno.gov
Subject: RE: temporary address change and instruction to pursue a continuance
Date: Tue, 22 Nov 2011 17:22:45 -0800

Zach Coughlin,
Sent: Sun 12/04/11 3:37 AM
To: robertsp@reno.gov; kadlicj@reno.gov; kadlicj@ci.reno.nv.us
29 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
privilege.
30 of 41 12/12/2011 4:29 PM
FW: your cop lying, see your video drivers license produce ap overview at
6:49 mark
Sent: Sun 12/04/11 3:45 AM

31 of 41 12/12/2011 4:29 PM
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
privilege.

Subject: your cop lying, see your video drivers license produce ap overview at 6:49 mark
Date: Sun, 4 Dec 2011 03:37:24 -0800
32 of 41 12/12/2011 4:29 PM
your cop lying, see your video drivers license produce ap overview at
6:49 mark

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
privilege.
33 of 41 12/12/2011 4:29 PM
Sent: Sun 12/04/11 4:05 AM
To: lcooley@rsic.org; voldenburg@rsic.org; rariwite@rsic.org; police@rsic.org; robertsp@reno.gov
pgoins@rsic.org, lcooley@rsic.org; voldenburg@rsic.org; rariwite@rsic.org; police@rsic.org
Subject: your cop lying, see your video drivers license produce ap overview at 6:49 mark

THE OFFICERS ARE KAMERON CRAWFORD AND BRAUNWORTH, WHO CAME ACROSS A
FAR MORE COGNITIVELY IMPAIRED IN COURT THAN HE DID IN PERSON, TO AN EXTENT
THAT WOULD SUGGEST HE WAS DISHONORING THE LEGAL PROCESS BY HIS
"PARTICIPATION", AND ITS ALL ON TAPE.
34 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
35 of 41 12/12/2011 4:29 PM
discovery request;
privilege.
Sent: Wed 12/07/11 1:16 AM
To: robertsp@reno.gov; kadlicj@reno.gov

36 of 41 12/12/2011 4:29 PM
RE: your failure to propound discovery

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
privilege.
Sent: Thu 12/08/11 3:44 PM
To: hazlett-stevensc@reno.gov; robertsp@reno.gov
37 of 41 12/12/2011 4:29 PM

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
38 of 41 12/12/2011 4:29 PM
privilege.

Date: Wed, 7 Dec 2011 07:34:25 -0800
Subject: Re: your failure to propound discovery
Mr. Coughlin. You are represented by counsel and I cannot correspond with you. I have never correponded
with you, and your statement that you spoke with me is false. I have never spoken with you. You may have
your attorney, Roberto Puentes, contact me with any discovery issues or issues regarding the City's Motion to
Continue. Please do not correspond with me regarding this case in the future. As an attorney, you are fully
aware that I cannot communicate with a you as a represented party. Do not contact me without your counsel.

Thank you,

Chris
City of Reno
Tel: 326-6628
Fax: 334-4226


confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the
intended recipient or a person responsible for delivering it to the intended recipient you are hereby notified that
any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or
attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify us by forwarding this e-mail to the sender or by telephone at (775) 334-2050 and
then delete the message and its attachments.
To: <hazlett-stevensc@reno.gov>
Date: Wed, 7 Dec 2011 01:48:03 -0800
Subject: your failure to propound discovery
Dear Mr. Hazlett-Stevens,
39 of 41 12/12/2011 4:29 PM
I am writing to request a copy of any and all discovery, pleadings, documentation,
correspondences, or media in any way connected to the trespass case against me for which
Lew Taitel was apparently my court appointed attorney, but whom no longer is. Further, I
wish to be copied on everything past and present in any way related to this matter until
and after I procure another attorney. I did not agree to the continuance you sought, nor
was I informed you were seeking it. I find it particularly troubling that a continuance was
granted in the trespass case to the same man who is applying an unlawful rent distraint on
both my client files, personal property, AND THE EXCLUPATING EVIDENCE I NEED
TO DEFEND MYSELF IN THE PETIT LARCENY CASE FOR WHICH I DETAIL THE
COMPLAINTS I HAVE AGAINST YOU AND YOUR OFFICE'S HANDLING
BELOW. NO CONTINUANCE WAS GRANTED OR AGREED TO AT TRIAL BY
THE RMC OR MS. ROBERTS, PERHAPS SHE WAS TOO BUSY ALLEGEDLY
SUBORNING THE PERJ URY OF RSIC OFFICER KAMERON CRAWFORD.

In the discovery your office provided in the petit larceny matter Ms. Roberts prosecuted
against me there is a fax from the RSIC to you that has a fax heading for what appears to
be "page 1" followed by pages without that heading...then a heading with "page 4" etc... I
want the entire contents of anything provided by the RSIC and Walmart to you or anyone
connected with the Reno City Attorney or the Reno Municipal Court. Further, I want all
media provided by Walmart, and I question why you needed 45 minutes with the three
witness who testified at the November 30th, 2011 trial, from 1pm to 1:45pm.
Additionally, you are hereby served a NRCP 11 motion requiring you to correct the
perjury you suborned in court with respect to the patently contradictory testimony of
Officer Crawford vis a vis the video evidence you yourself provided in discovery.

Further, I spoke with you, Mr. Hazlett-Stevens, shortly after the September 9, 2011 arrest
in this matter demanding a copy of all documentation or discovery that I had any right to.
I was told I would not have any opportunity to review such materials prior to the
arraignment, which was not set for a full 30 days out from the arrest. Do I not have a
right to a copy of the pc sheet, arrest report, and witness statements within 48 hours of the
arrest? The fax to your office from the RSIC is dated 9/12/2011, yet my written demands
and requests for such discovery and documentation were met with refusals to provide such
materials, and, in some case, claims that your office did not even have such materials and
would not get them until after the arraignment. Further, I spoke with and provided written
requests to RSIC Sargent Avansino within 2 days after the arrest and he refused to provide
the materials, as did the Reno Municipal Court. Please alert the court to any wrongdoing
on your's or the Reno City Attorney or the RSIC part in this regard in prejudicing my
40 of 41 12/12/2011 4:29 PM
ability to defend my case by delaying the production of essential discovery, then refusing
to agree to a continuance at trial, after earlier providing a written agreement to such a
continuance.

Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
not the intended recipient or an agent responsible for delivering it to the intended recipient, y ou are hereby notified that

41 of 41 12/12/2011 4:29 PM
IN THE MUNICIPAL OF THE CITY OF RENO
COUNTY OF WA,SHmJ STATE OF NEVADA
RENO, NV 89505
(775)334-2290 FAX (775)334-3824
DEFENDANT:
CniN, ZACHARY BARKER
Court Case#: 11 CR 22176 21
Agency#: RSICPIICII0627
Offense DI; 09/0912011
Arrest Ot:
Plea:
09/0912011
10/ 10/2011
Fcc Subtotal:
DOS:
Accident#:
j1ll'1ES
OWING AS OF THIS $0.00
Defendant Initials: Print
Booking#: 15953
$40.00
Jail Days: 0
Suspended Days: 0
.$40.00 so
Next Proof Ot:
1011012011 Dala Date: 10110nOli
Status: OPEN
Language: ENGLISH
Page I of2
Balance:
Completed Dt:
FAILURE TO COMPLY WITH THE CONDITIONS OF BAIL WILL RESULT IN THE ISSUANCE OF A
F AlLURE TO COMPLY WARRANT OR IMMEDIATE ARREST CONTEMPT OF COURT AND/OR BAIL
REVOCATION. FOR FURTIIER INFORfo.-tATION. CONTACT COMPLIANCE WINDOW LOCATED ON THE FIRST
FLOOR OF THE RENO MUNICIPAL COURT. ONE SotITH RENO. NV (775) 334-2290.
THE DEFENDANT SHALL SHALL cOQPEJ,tA TE FULLY WITH TIlE
."-e"5 b Ii [ ""'"' .
""A. Uf.:. v-<" ..J<vI!c.-.I1/ r,
THE DEFENDANr TIM;' ....
:5 ..... I.r-' W\e ............... ::;, v {... \ v-\..o.\ of i \ \<;
C 0- ... ", t ",w...; ... 0- 1 .I.."\, .......
TIlE DEFENDANT SHALL KNOW HISIHER COURT DATE AND CONTACT WITH H1S1HER AITORNEY.
PRIOR TO CHANGING HISIHER OR PHONE NUMBER, t iE DEFECN[IANrr SHALL NOTIFIY THE COURT OF SUCH
CHANGE. I
V"\rA..,"""'""-t' )
't-'t,R
\,00,.:,
THE HONORABLE WI LLIAM GARDNER
JUDGE' S DATE:
You are ordered by the Court to arrive drug/alcohol free Court hearings and Court related progams. Failure to
appear in Court will result in the issuance ofa warrant for VI Any violation of this instant order may result in contempt
proceedings and the filing of additional criminal charges. with NRS 22.0 10. it is a misdemeanor for any person 10 fail,
refuse or neglect to comply with the terms of any order issued . I remain in effect until the
Court issues another order superseding it.
UNDERSTAND AND PROMISE TO OBEY THIS ORDER.
DATE: ______ TIME:
l, THE SWORN INTPRETER HAVE FULLY lNTERPRETED THIS ' RDEV,rOTHE
DEFENDANT: DATE: ___ ___ TIME: ____ _
RECEIVED BY
Pace 2 on
Defendan! Initials: 10/ 10120 11 Dala Date: 10/ 1012011
Sep 10 2011 10:24PM RSrC"HV'Po1i<:e 177!J ._:51801
page 4

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OPEM 24 HOURS
MAHASER BRIAH BAIH
( 715 ) - 8200
51. 2106 OP8 00001162 TE. 11 IR. 08280
MED LOAF 001183000201 F 5.96 0
" " 004000026421 F 4.14 N
NED LOAf 007283000201 F 5.96 0
DELSVH 12 HR 036382417565 10.54 I
ROB LA 20 030031874120 5.64 I
EO SAS RELIE 068113129772 5.23 X
EQ GAS 068113129115 3.68 X
EQ BAS 068113129115 3.68 I
COLO KED 073221630093 6.41 X
BAS-X 030043011748 1.68 X
PLUBl UIKIC 081127501180 16.14 X
ENER&V SHOT 011941030001 2.68 X
SUBTOTAL 79.00
TAX 1 1.125 t 4.82
TOTAL 83.82
CASK TEMD 100.00
CHANSE DUE 16.18
I ITEMS SOLD 12
Titl .. to goods o' tangible personal p-.perty
plil"Chased he ... i. passes ot ... 11... '. place of
busine on Colony lrusl I.nds 01 lhe lim" Ihe
o.lIer compl., .. the physical delilltry of such
property, or ot a djfferent tjme jf """licjtly
og ..... d 10 belw"en buyer and seller.
"like" Ual .. rt un FacBtuuk
. f8c.b k.c."/w81n.rt
09/09/11 21:14:48

Mugshot Profi le Poster
Washoe Count Sheriffs Office
911 Parr Blvd., eno, NV 89512
COUGHLIN, ZACHARY
Nickname:
DOB:
SSN:
Booking # :
JID:
MNJ:
Arrest Date:
Mugsh

Booking Date:
Sex:
09- 09- 2011 22:13:00
MALE
Rilce: WHnE
Height: .0.
Weight: 22.
Eye Color: GREEN
Ha ir Color: BROWN
Hair Length: SHORT ABOVE EAR
Facial Features:
Glasses :
Scars Marks 8t Tattoos:
Charges!
Booking last Name: COUGHUN
Booking First Name: ZACHARY
Booking Middle Name: BARKER
file:IIC:\ PhotoManager\MUGVBPrt .htm
Profile
Page 1 of!
9/912011
r
, '
IN THE MUNICIPAL COU
COUNTY OF WASHO
CITY OF RENO, )
)
Plaintiff, )
)
vs. )
)
b,ch ary
Defendant. )
)
DOB: )
)
II
iX.-1f 0 7--
OF THE CITY OF RENO
, STATE OF NEVADA _
... -...- _."'-"' ..... -. -
_ .- .. .. ..;.i ..... ,-,lI i .. '.
CRIMINAL
(PetreU'.Ife'e'iifl-) __ -;-_,-_
M ,W\IGNMENT )oi/(iU

Reno-Sparks Indian Colony Tribal Police
Casa No, tC ' \\ - 0 W]..]
complain and say that
-.k..!!.l.'-"-=+---'=="i]t-:.'--"'-'-----f-- has committed the crime of Petit Larceny,
a violation of Section 8.10.040 of the Reno MUnl ipal Code, to wit
That said Defendant on or about
e
-"LW<",-----,LL,L" 20-U-. at Walmart #2106,
2425 E. Second Street, In the City of Reno, SI e of Nevada. did take or carry away Walmart
property valued at less than $250.00 with the tent to deprive Walmart said property, Said
consisted of - ...... "YL!'--.uJ-"'{''-'>--f-'p''--'-'''''''=JJ.......,b=,,--','----------
I dedare under penalty of perjury under t law of the State of Nevada pursuant to
NRS 53.045 and NRS 171.102 that the foregoin is true and correct.
eel: G4-"'-v" 12--1
Complainant I (Date
Revised 0411 t
See
10 2011 10:24PM RSICHV*Po\ice 177!.. J1B01
, "
ARRl:SrJNG AGHNCY
waD Nil' 0
RPoD
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sto p 'UHJlO
,,,eX
.......
r2...0ck
ST..
F'R.ojJ TI I.JD WH0
"rET:r-r TI..u<>
OISSEMINATION IS RESTRICTED TO CRIMINAL JUSTICE AGENCIES ONLY.
WHEREFORE, Declaranl reques,-s lila! I. fInOIng be made 1:1)' a m/lglslra\o& 11'181
felony 01' gt06S mIldemearlOf) 0( lor tIIal (II charge it e miedemHMl').
Page / 01 I
PROeABL E CAUSE (PC)
" .. 1
AND
CAUSE
[2
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cu .. Ic((o (,2 J
AJ(1l
12
S
'c ... ...,
lIVId. Il.tIf9cI b deWn1Ion lor 1M ofMnM(.). EIt"'"
wtIId1 aIflPOIt tM .,.,.. and c;tetentIon:
7: -eE$I'. tV '" E. () TD ::2'(
For?.
DATE ____ ,y ___ _
1.0.'
REVIEWED
PC FOUND PC NOT FOUND 0 DATE -'--_ _ _ TIME --11------- ____________ . MAGISTRATE
DEFENDANT ORDERED RB.EASED, DATE MAGISTRATE
s-303 /RINlSED !WI)
Reno Sparks Indian Colony Police
Adult r r u ~ Property
Fri
''''''
'-""-
09/0912011
121
Fri 091091201 1 21:21
, NV 89502
Rono, NV 89501
IC110627
Fri 09/09/2011 22:22 Reno
.... '
Rono, NV 89502
On 91912011 at approximately 2121 hours, Officer Bnl m,wa,rth and I were dispatched to 2425 East Second
Street Reno, NV 89502 for a report of a petit lar,m,y. 1
Upon OUI arrival we mel with Asset Associate Thomas Frontino who stated, he observed a
white male adult. identified as Zachary Coughlin, through the store opening various items and
discarding them in the garbage can. Frontino stated, observed Coughlin eat a candy bar while walki ng
tluough the store. Coughlin passed 811 points of sale' ofWal-Mart and exited. Coughlin was then detained
by Frontino for petit larceny. Please refer to F ... ,ntinc,4 statenlent for further infonnalion.
Officer Braunworth asked Coughlin ifhe had any we,.I ,ns on his persoll and Coughli n stated. he did not. I
asked Coughlin if I could have permission to search person for weapons. Coughlin gave me consent., but
stated do not go into my pockets. I searched the outer of Coughlin and found no weapons on hi m. I
then proceeded to Coughlin questions pertaining him a citation for petit larceny. Coughlin
however, refused to answer my questions relating to a ruld became uncooperative. Coughlin was then
placed under arrest for petit larceny. J began my to arrest on Coughlin and found cough drops
still wrapped in IDS pockets. Frontillo was able to they were the same cough drops that came from the
opened cough drop boxes from inside the store that unpaid fOf.
At approximately 2200 hours, I transpol1ed Coughlin
for Reno Municipal Code 8.10.040 petit larceny.
At approximately 2122 hours, J cleared the incident
END OF REPORT.
Washoe County Detention Facility and booked him
no further incident.
090'1212011 0i:31::lU67
RENO-SPARKS INDIAN
SUPPLEMENT
1'II'\ME ( ...... $1. fIRST. MWOI.E)
Fronlino. Thomas L
RF_SlOeQ. CITY
242S E. Second 51
8USINESS IoIAMOR SQtoOL ADDkESS
Wal-mart #2106 2425 E. Se<:ond Street
LONY POLICE DEPARTMENT
ITNSS STATEMENT
RM
. -.-
\CL (?, \)
TEOfDIKtlI
10911985
eno. NV
Reno. NY
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9USlUESsrKOI<'EO
(775)-359-8200
NUMIIU.
On 09/0912011 at about 8:45 PM I noticed a male cust er who I had previous encounters with who we had
followed for suspicious activities in the past As I foHo ed him aroWld the store he made his way back and forth
across the store. He selected various items such as can and cough medicine and some various other food
items. He opened two packages of cough drops and co aled the contents inside his pockets. He then threw the
packaging to the cough drops in two different garbage in the store. One in the candy aisle and one in the
soda aisle_ He also selected a chocOlate bar which he p ceeded to open and eat throughout the store. When he
was finished shopping he went to register 17 and paid the rest of the merchandise that he had selected. He
did not however make any attempt to pay for the chaco te bar and cough drops he had selected. He concealed
the wrapper to the candy in the cart and covered it with -tizer wipes. He then exited the facility via thc
grocery doors. Once completely outside the facility I ap oached him with Stanley Curmingham and identified
myself as Walmart asset protection and infonned him t I needed him to reenter the facility so that we would
be able to complete our investigation_ He was complian at tJlis time and followed us to the office. At this time
became non compliant The police arrived on scene and ook over the investigation. When asked by the officers
if he would consent to a pat down he complied. AJso a r he was placed under arrest by the officer his
belongings were emptied from his pants pockets and we ere also able to recover some of the cough drops that
he had concealed on his person. He then became very n compliant with the officers questioning. He was
arrested and removed from our facility. He was also tres assed at this time from all Walmart facilities. Video
evidence will also be compiled.
DATe
'1$10""
Sep 10 2011 10:24PM RSrC"HV'Po1i<:e 177!J ._:51801
page 4

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Case 1:05-cv-02827-GET Document 1 Filed 11/02/05 Page 1 of 7
,

IN THE UNITED STATES DISTRICT COURT
NORTHERN DTSTRICT OF GEORGIA
ATLANTA DIVISION
XAVIER M. FLOUNNORY, )
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Plaintijf,
vs. CIV IL ACTIO'\) FILE
WAL-MART STORES, INC.,
NO. '1.
Defendant.

.. "1'"" j"'"
JURY TRIAL DEMANDED' .
COMPLAINT
COME NOWS, XAVIER:V1. FLOL 1\ 1\'OR Y, Plaintiffhcrein, and for hi s cause of
action for damages against the above m\ll1ed Defendant, alleges and states as follows:
I.
Plaintiff herein is resident oCthe State of Georgia and at all limes referenced herein
resided and currently resides in Fulton County, Georgia.
2.
Defendant Wal-Mart Stores, Inc. (Hereinafter "VIral-Mart") is an Arkansas
Corporation qualified to conduct bLLsiness in the State of Georgia whose registered agent,
Corporation Process Company, 180 Cherokee Street, N.E., Marietta, Cobb County, Georgia,
30060 is subject to the jurisdiction of this COLlrt, which lies within the Northern District of
Georgia, Atlanta Division pursuant to 28 U.S. CA. 90 (a)(2)
3.
This action is a civil action over which this Court has ori ginal jurisdiction under 28
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u.s.c. 1332, and is one which may brought in this Court by Plaintiff pursuant to the
provisions of 28 U.S.c. 1441(b) in that it is a civil action between citizens of different
states and the matter in controversy exceeds the sum of$75,000, exclusive of interest and
costs ..
4.
At all times material hereto, Shelby Smith was an employee of Defendant Wal-Mart
Stores, Inc. and the actions of Shelby Smith are imputed to Defendant Wal-Mart Stores, Inc.
under the doctrine of Respondeat Superior.
5.
On or about January 6,2004, Plaintiffhad a check written off of his closed checking
account presented in payment of merchandise at Wal-Mart Store 594 located at 125
Pavillion Parkway, Fayetteville, Georgia by an unknown individual.
6.
Shortly after receiving notices from Sun Trust Bank that several checks had been
written off of his closed checking account, Plaintiff filed a report with the Atlanta Police
Department in January, 2004 as well as all three credit reporting agencies, Tele-Check and
the Federal Trade Commission to advise that someone had stolen Plaintiffs identity and was
using his closed checking account to make purchases about which Plaintiff was unaware.
7.
In April, 2004, after receiving threatening phone calls from Defendant, Plaintiff
visited Wal-Mart Store 594 located at 125 Pavillion Parkway, Fayetteville, Georgia in order
to advise the Defendant that his identity and checking account had been stolen.
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8.
While at the Wal-Mart store in Fayetteville, Georgia, Plaintiff presented Defendant
with a theft affidavit, police report and other documentation regarding the theft of his identity
and closed checking account and was advised before leaving Defendant's Wal-Mart store
that the matter had been "taken care of'.
9.
On or about June 24, 2005 Plaintiffwas arrested and jailed in the Fayette County Jail
after a warrant for his arrest had been taken out by Shelby Smith, as agent for Defendant
Wal-Mart, for a bad check written by an unknown individual using Plaintiffs closed check
account with SunTrust Bank.
10.
On or about said date, Plaintiff was wrongfully detained and imprisoned as a result of
Wal-Mart store employee Shelby Smith, more than one year after Plaintiff had informed
Wal-Mart that his identity and checking account had been stolen, and after having been
advised by Wal-Mart Store No. 594 in Fayetteville, Georgia that the issue of the bad check
written to WaI-Mart Store No. 594 in Fayetteville, Georgia on January 4,2004 had been
"taken care of'.
11.
Plaintiff was falsely imprisoned as a result of the conduct of Wal-Mart employee
Shelby Smith and Wal-Mart as provided by O.C.G.A. 51-7-20.
12.
Plaintiff was physically restrained while a prisoner in the Fayette County Jail and
was prevented from leaving the said Jail, even though he had not committed any crime.
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13.
After Plaintiff had infonned Defendant that his identity and checkbook had been
stolen and provided them with documentation of same, Wal-Mart unlawfully had its
employee, Shelby Smith, issue a warrant for the Plaintiffs arrest, although it had no probable
cause to do so.
14.
As a result of the warrant issued against Plaintiffby Wal-Mart, Plaintiffwas arrested
and transported to jail where he was imprisoned against his will.
] 5.
Defendant caused a criminal prosecution to be brought against Plaintiff which was
malicious and without probable cause.
16.
Defendant ultimately concluded that Plaintiff had not engaged in the crime writing
a bad check and deposit account fraud and the charges against Plaintiff which had been
brought against him by Defendant were dismissed several months after Wal-Mart had a
warrant taken out for Plaintiffs arrest.
17.
Defendant Wal-Mart is liable to Plaintiff for malicious prosecution pursuant to
O.C.G.A. 51-7-40.
18.
As a result of the conduct of Defendant Wal-Mart and its employee, for which it is
vicariously liable, Plaintiff suffered mental pain and anguish.
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19.
As a result ofthe conduct of Defendant Wal-Mart and its employees, for which it is
vicariously liable, Plaintiff shall continue to suffer mental pain and anguish.
20.
The actions of Defendant Wal-Mart demonstrated willful misconduct, malice,
oppression, and the entire want of care towards Plaintiff entitling Plaintiff to punitive
damages pursuant to D.C.G.A. 51-12-5.1 .
21.
The actions of Wal-Mart were injurious to the peace, happiness and feelings of
Plaintiff entitling Plaintiff to damages pursuant to D.CG.A. 51-12-6
22.
Plaintiffis entitled to recover attorney fees as a result of Defendant's conduct which
evidences bad faith in the underlying transaction and because Defendant has caused Plaintiff
unnecessary trouble and expense pursuant to D.C.G.A. 13-6-11.
23.
As a result of Plaintiffs false arrest, Plaintiff had to pay a bond in order to secure his
release from jail.
24.
Plaintiff is entitled to recover damages for as a result of Defendant's conduct in
wrongfuHytaking out a warrant of the Plaintiffwhich required him to expend money to pay
for a bond in order to secure his release from jail.
WHEREFORE, Plaintiffprays:
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a. That process issue in accordance with law;
b. That the Court award judgment in favor ofthe Plaintiff against Defendant for
a sum in an amount detennined by the enlightened conscience of the jury for
false imprisonment and false arrest as provided by O.C.G.A. 51-7-20;
c. That the Court awardjudgment in favor of the Plaintiff and against Defendant
for a sum in an amount detennined by the enlightened conscience ofthe jury
for malicious prosecution pursuant to O.C.G.A. 51-7-40;
d. That the Court award judgment in favor ofthe Plaintiff and against Defendant
for a sum in an amount determined by the enlightened conscience of the jury
for injury to the peace, happiness and feelings of Plaintiff pursuant to
O.C.G.A. 51-12-6;
e. That the Court award judgment in favor of the Plaintiff and against Defendant
for a sum in an amount detennined by the enlightened conscience of the jury
for punitive damages pursuant to O.C.G.A. 51-12-5.1;
f. That the Court awardjudgment in favor ofthe Plaintiff and against Defendant
for a sum in an amount determined by the enlightened conscience ofthe jury
for wrongfully having Plaintiff arrested which required the payment for a
bond for Plaintiff's release fromjai!.
g. That the Court awardjudgment in favor ofthe Plaintiff and against Defendant
for a sum in an amount detennined by the enlightened conscience of the jury
for mental pain and suffering sustained by Plaintiff;
h. That Plaintiff be awarded 12% pre-judgment interest;
I. That Plaintiffbe awarded reasonable attorney fees;
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J. That Defendant be assessed with all costs and expenses of litigation; and
k. That Plaintiff have other and further relief as is just and appropriate.
nd
This 2 day of November, 2005.
180 Interstate North Parkway
Suite 115
Atlanta, Georgia 30339
(770) 933-1946
(770) 933-8455 Fax
CLAXTON & CLAXTON, LLC
V l _ ? ~ 1
WILLIAM P. CLAXTON
Georgia State Bar No. 12932
Georgia State Bar No. 236051
Attorneys for Plaintiff
11 cr 22176 2I
x
Judge Howard
Zachary Barker Coughlin
November 30,
2011
1pm
Zach Coughlin
29th
November
2011
"Ellis" or "John", Customer Service Manager or ASM W. 7th St. Walmart 89503
Loss prevention manager and
THE CITY OF RENO
COUNTY OF WASHOE, STATE OF NEVADA
THE CITY OF RENO, Plaintiff;
Case: __ _
Vs. Dept. #: 10 20 3D 4 0
, Defendant!
SUBPOENA
IN VIOLATION OF
THE MUNICIPAL COURT OF THE CITY OF RENO SENDS GREETINGS TO:

WE COMMAND YOU, that all and singular, business and excuses being set aside, you appear and
attend before the MUNICIPAL COURT OF THE CITY OF RENO, WASHOE COUNTY,
NEV ADA, in the COURTROOM AT ONE SOUTH SIERRA, RENO, NEVADA,
On ____________________ , at ___ _
on behalf of __ -::-___ .
guilty of contempt of Court.
, and for failure to attend you may be deemed
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ._ .. ,_,

By:. __ \1. O,,'r'r:l
Deputy Clerk '-
AFFIDAVIT OF PERSONAL SERVICE
STA TE OF NEVADA
:ss
COUNTY OF WASHOE)
I hereby certify that I received the within SUBPOENA on the "_,,,.day . __ .... ,,' and that I
personally served the same upon the person hereinafter named by shmving him/her the within SUBPOENA and delivering
a copy to him/her on the __ . __ day of _____ .. ' __ ... ' in Washoe County, Nevada, to-wit:
Signed: _. ______ . ___ _
Subscribed and sworn 10 before me this ___ .day of ... _. __________ ._. __ .. _ ..
Notary Public
2:06-cv-10887-GCS-VMM Doc # 1 Filed 02/28/06 Pg 1 of 19 Pg ID 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES M, SWEENEY
Individually and on Behalf of Similarly
Situated Persons
271 W, Saratoga Street
Ferndale, Michigan 48220
and
LAURA SILVERI,
Individually and on Behalf of Similarly
Situated Persons
271 W, Saratoga Street
Ferndale, Michigan 48220
and
BRIGID MARIA SILVERI SWEENEY
271 W. Saratoga Street
Ferndale, l'v-liehigan 48220
and
JANET EGGEN AS GUARDlAN AND
NEXT PRIEND OF MINOR CHILD
S.E.
21 Millington Road
Pleasant Ridge, Michigan 48069
Plaintiffs,
vs.
)
)
)
)
)
)
)
)
)
)
)
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FEDERATED RETAIL HOLDINGS, INC. )
Individually and As Successors in Interest to)
THE MA Y DEPARTMENT STORES CO. )
C/O THE CORPORATION TRUST CO. )
30600 Telegraph Road )
Bingham Fanns, MI 48025 )
and
)
)
)
(' c: 2;06-cv-I08H7
To: John
Judge; Whalen, R. Sleven
.' O-Ie -2/28111)0/; ,Ii.' t I)_rn,
l .. ... . .
[)c:!icription: crnp ct al v.
federuled retail cl .1 (tam)
CLASS ACTION COMPLAINT
(.J ury Demand Endorsed Herein)
THE MAY DEPARTMENT STORES CO. )
CIO THE CORPORATION COMPANY )
30600 T c1cgraph Road
Bingham Farms, MI 48025
)
)
)
and )
)
FEDERATED DEPARTMENT )
STORE INCORPORATED )
C/O THE CORPORATION C01\lPANY )
30600 Telegraph Road )
Bingham Farms, IVII 48025 )
)
and )
)
PALMER, REIFLER AND )
ASSOCIATES, P A. )
1900 Summit Tower I31vd. )
Suite 820 )
Orlando, Florida 32810 )
)
Defendan Is. )
Plaintiff, by and through counsel, alleges the following based on information and
belief:
T. THE PARTIES
1) Plaintiffs, James M. Sweeney and Laura Silveri are adult citizens and have been
residents of Ferndale Michigan for more than six months. They are the parcnts of
B.M.S.S.
2) Brigid Sweeney is an adult citizen and has heen resident o{'Ferndale Michigan for
more than six months.
3) PlaintifI Janet Eggen is the guardian and next of Iliends of the minor child S.E.,
and a resident of the State of Michigan for more than six months.
2
4) On Sunday, February 27, 2005, B.M.S.S. was a minot child, age seventeen (17)
who was not emancipated. S.E . was a minor child, age sixteen (16), on Febmary 27,
2006 and was al so unemancipated.
5) Defendant federated Rdail Holdings, Inc., a corporation organized pursuant to
the laws orthe State of New York and m j n t i n ~ its principal place of business in the
Statc of Ohio.
6) Defendant May Department Stores Company, is a company organized pursuant to
the laws of the State of New York and maintains its principal place of business in the
State of Ohio.
7) Defendant Federated Department Stores, Inc., is a corporation organized pursuant
to the laws ofthe State of Delaware and maintains its principal place of business in the
State of Ohio.
8) Defendant Fedcratcd Retail Holdings, Inc., The May Department Stores Company
and federated Departmtlnt Stores, Inc., or their Successors-in-interest (hereinatler "Retail
Defendants") havtl agenu in this State, and/or have done and arc doing bushless In this
State.
9) The Retail Defendants do business in this State under the "trade name" of Lord
and Taylor.
10) The Retail Defendants own and/or operate a Lord & Taylor relail store within the
Twelve Oaks Mall located at 27650 Novi Road, Novi, M148377.
11) Palmer, Reifler And Associates, P.A. is a law firm which maintains its principal
place of business in the State of Florida.
3
12) Derendant Palmer, And Associates, P.A. have agents in this State, and/or
have done and are doing business in this State.
II. NATURE OF THE ACTION
13) On Sunday, February 27, 2005, B.M.S.s., S.I.::. and another young lady entered the
Lord and Taylor retail store within the Twelve Oaks Mall located al 27650 Nov! Road,
Novi, M148377 at approximately 5:30 p.m.
14) This particular Lord and Taylor retail store upon intormation and belief is retcrred
to as store number 28.
15) Placed throughout the Lord and Taylor retail store number 28, are numerous
video cameras used for surveillance of persons entering its facility.
16) Shortly after entering the Lord and Taylor store, 13.M.S.S., S.E. and the other
young lady were stopped and questioned concerning a missing pair of sunglasses. \'lithin
five minutes of questioning, all girls were physicall y removed to a hack room
within the Lord and Taylor store by a male security persol1lle1 employed by Lord and
Taylor and/or its affiliated parent companies.
17) The "back room" is completely isolated from the retail space or the Lord and
Taylor store.
18) Within the "back room" was one wooden bench. Secured to the wooden bench
was a circular bar which extended the length of the seat of and revealed handcuffs
attached thereto.
19) Upon immediate by the male security personnel, the third girl,
accompanying BS.S. and S.E., admitted to taking the sunglasses and placing them within
her purse.
4
20) Following this admission, B.M.S.S. and S.E. denied knowledge of the other
young lady's activity and involvement with the unlawful taking of the sunglasses.
21) Despite the immediate admission orthe third girl. the unlawful detention
continued and all three young ladies wcre searched and their purses examined
by the security
22) No further items owned by Lord and Taylor were discovered by the security
personnel.
23) Despite access to the surveillance video, no review of the tapc was made.
24) Despite an immediate and clear admission of guilt by the other young adult, the
Lord and Taylor security personnel continued to berate B.M.S.S. and S.E.
25) Despite the denial by S.E. and H.M.S.S. ofany knowledge orthe criminal activity
or involvement with the unlawful taking of the sunglasses, the security personnel at the
Lord and Taylor retail store, continued to threaten them with arrest.
26) a clear admission of gUilt by the other young person; and the lack of
further items discovered after a complete search of' (heir person and their property; and
the denial by S.D. and RM.S.S., of knowledge ofthe young lady's criminal activity and
involvement with the unlawful taking ofthe sunglasses, the security personnel at the Lord
and Taylor retail store, continued to improperly coerce S.E. and R.M.S.S. for the sole
purpose of obtaining confessions both orally and in writing. Said conduct was unlawful
and malicious.
27) Despite the close proximity of the store to the local police station, no phone call
or report of criminal conduct was made for more than three hours and the unlawlhl
imprisonment continued throughout this time period.
5
28) With total disregard as the closing of the store and the age of the minors, B.M.S.S.
and S.L were denied any access to the use of their cellular phones or the store phones for
the express purpose of notification of par en Is. In fact, several phone calls from the girls'
parents were made lhal day during the unlawful period of detention, which were
identified on the cellar phones as ealls from the parents, which were unanswered by girls
at express direction of Defendants.
29) Upon an'ival ofthe police, approximately three hours later, Lord and Taylor's
surveillance videotape was reviewed and 8.M.s.S. and S.E. were immediately released.
30) No criminal charges were filed against B.M.S.s. or S.E. nor was their
substantiation of any criminal activity on the part ofn.M.S.S. and S.E. determined by the
local police.
31) Shortly aller, on March 28, 2005, James Ivl. Sweeney and Laura M. Silveri
Sweeney received a letter from Defendant Palmer, Reifler and Associates, P.A., on behalf
of Lord and Taylor.
32) Defendant Palmer, Reifler and Associates, P.A.'s, letter of March 28, 2005 soughl
civil damages in (he amount of $200.00 or Defendant Palmer, Reifler and Associates,
P.A., threatened that a civil action would be pursued against them for the incident of
February 27, 2005, involving their daughter B.M.S.S.
33) Shortly after, on March 28,2005, Jan",! Eggen received a letter from Defendant
Palmer, Reifler and P,A., on behalf of Lord a.nd Taylor.
34) Defendant Palmer, Reiller and Associates, P.A.'s, l",tter ol'March 28, 2005 to
Janet Eggen also sought civil damages in the amount of $200.00 or Defendant Palmer,
G
Reifler !md Associates, P,A" threatened that a civil action would be pLirsued against her
for the incident of February 27, 2005 involving her daughter S,E,
35) PlaintitTJanet Eggen received a second letter from Defendant Palmer, Reiner and
Associates, P .1\., on behalf of Lord and Taylor dated May 2, 2005 which again threatened
legal action.
36) Further, the second letter nl'May 2,2005 to Janet Eggen sought increased civjl
damages in the amount of $435,00 for the February 27, 2005 the lack of criminal
wrongdoing nn the part of her minor child.
III. JURISDlCTION AND VENUR
37) This Court has subject matter jurisdiction pursuant to The Class Action Fairness
Actor2005.
38) Defendants do substantial business in the Slate of Michigan, advertise in the State
of Michigan, and have received substantial compensation and profits from retail sales in
the Stale of Michigan, and have engaged in tortuous conduct in the State of Michigan,
39) Venue is proper in this district pursuant tn 28 U,S,C, 1391, Named plaintiffs
received letters that form the has is of this lawsuit in the State of Michigan; they reside in
the State or Michigan,
IV. CLASS ACTION ALLRGATIONS
40) Plaintiffs reaver and reallege each al1d every allegation set forth in one
(I) through thirty-nille (39) as though tully rewritten herein,
41) bring this class acliml for damages pursuant to Fed, Civ, R, 23 on behalf
of a class ("Class") as defined as follows:
7
All persons who: (I) have had not been suhject of a formal police report
filed with a local law cnforcement agency which alleges that that person
has committed relail fraud in the first, second or third degree or violated a
local ordinance substantially corresponding to section 218, 356, 356c, or
356d of the Michigan penal code, 1931 PA 328 MCL 750.218, 750.356,
750.356c, and 750.356d and (2) have received a written demand from or
on behalf of any retail store owned or operated by Defendant Federated
Rctail Holdings, Inc., Illdividually and As Successors In Interest to The
May Department Stores, including hut not limited Lord and Taylor
seeking payment of the civil damages in accordance with Section
600,2953(1) of the Revised Judicalure Act of 1961
42) PlaintiiTs are m e m e r ~ of the Class they seek to represent. Upon information and
belief; plainti rfs estimatc thc number of individuals in the Class is so numen)us that
joinder is impracticahle. The exact number of Class members is currently unknown at
this time and can be ascertained only through appropriate discovery. Class members may
be identifiable from records maintained by Defendant Federated Retail Holdings, Inc.,
Defendant Federated Department Stores Inc., Defendant The May Department Stores,
and Defendant Palmer, Reifler and Associates, P.A.
43) Class certilication is appropriate because there are questions of law or fact
common to the Class which predominate over any questions afiecting only individual
members, These questions include:
a. Whether Defendants failed to investigate and determine whether or
not a person was subject of a formal police report
filed with a local law enforcement agency which alleges that that
person has committed retail fraud in the first, second or third
degree or vi(llated a local ordinance substantially eorrcsponding to
section 218, 356, 356c, or 356d ofthe Michigan penal code, 1931
8
PA 328 MeL 750.218, 750.356, 750.356c, and 750.356d prior to
sending vwitten demands to person or legal guardians.
b. Whether Defendants complied with Section 600.2953 or the
Revised Judicature Act of 1961.
c. Whether defendants received monetary benefits unlawfully as a
result or violating Section600.29530fthe Revised Judicature Act
of 1961.
d. Whether defendants are liable for repayment of funds received
unlawfully, interest on the funds unla",,1'ully received, attorneys
fees paid by the legal guardians or persons who may have had to
seck legal advice and services as a result of receiving a demand
Jetter from Defendants, negative credit reporting for the failure to
pay the alleged debt, damages for the emotional distress upon
persons or legal guardians of minors and damages for Defendants'
mongful conduct alleged herein;
e. Whether defendants were negligent, reckless, malicious or acted in
flagrant disregard of plaintiffs' rights and the rights (lfthe Class
members plaintiffs seek to represent, in failing to investigate and
determine whether Defendant was entille to demand civil damages
against Plaintiffs and the Class members plainti ers seck to
represent, converting plaintiffs' funds unlawfully, and failing to
return unlawfully received funds.
9
44) The named plaintiffs' claims are typical of the Class because they like members
oflheir Class have not been subject or a formal police report filed with a local law
enll)rcemcnt agency which alleges that that person has committed retail fraud in the first,
second or third degree or violated a local ordinance substantially corresponding to section
218,356, 356c, or 356d of the Michigan pcnal code, 1931 FA 328 MCL 750.21 &,
750,356, 750.356c, and 750.356d and have received II written demands from or on behalf
of the Retail Dcfcndants who sought payment of the civil damagcs in a0cordance with
Section 600.2953( I) of the Revised Judicature Act of 1961
45) The claims of the plaintiffs are typical of the Class because they sustained injuries,
and harms as a direct and proximate result of the wrongdoing of defendants Federated
Retail Holdings, Inc., Federatcd Deparlment Stores Inc" The May Department Stores,
and Defendant Palmer, Rei nor and Associates, P.i\.
46) The plainli ITs will adequately represent the interests o t h ~ members of the Class
and do not have any inlerest which conflicts with the interests of the Class members,
Plainti Ilfl are members ofthe Class and have retained counsd competent and experienced
in complex class actions,
47) Class action is superior to other available methods for the fair and efficient
adjudication of this controversy because, among other reasons, the defendants Federated
Retail IIoldings, Inc" Federated Department Stores Inc" The 1l-1ay Department Stores,
and Defendant Palmer, Reifler and Associates, P,i\. have acled, or refused 10 act, on
grounds gelierally applicable to the Class, making appropriate relief sought herein,
Moreover, the prosecution of separate actions by individual members of the Class would
10
create a risk of incompatible standards of conduct for the defendant am! inconsistent or
varying adjudications for the Class members.
48) may rormed as necessary.
CAUSES OF ACTION
A. NEGLIGENCE
49) Plaintiffs reaver and reallege each and every allegation set forth in one
(I) through forty-eight (48) as though fully
50) Defendants Federated Retail Holdings, Inc., Federated Department Thc May
and Palmer, Reitlcr and Associates, P.A. failed to investigate or
determine whether or not a person was subject of a illflnal report filed with a local
law agency which <llIeges that that person has committed retail fraud in the
first, second or third degree or a local ordinance substantially corresponding to
section 218, 356, 3561.), or 356d of the Michigan penal code, 1931 PA 328 MeL 750.218,
750.356, 750.356c, and 750,35Gd prior to sending wriUen demands to person or legal
guardi,Il1S as prescribed by the Michigan Revised Judicature Act of 1961
600.2953.
51) Defendants Federated Retail Holdings, Inc., The May Department Stores, and
Palmer, Reifler and Associates, P.A. without proper investigation and with reckless
li)r merit sent wriUen demands threatening the filing of civil actions i r funds
were no! paid, to individual memhers of the class prior to determining whether or not
they were entitled to demand such
11
52) As a direct and proximate result of defendants' negligence, Plain!i ITs .James
Sweeney, Laura Silveri Sweeney, and Janet Eggen sufTered severe emotional distress and
anxiety,
53) As a further direct and proximate result of defendants' negligence, plaintilT Plaintiffs
James Sweeney, Laura Silveri Sweeney, and Janet Eggen were forced to seek legal
counsel and advice.
B. INTENTIONAL ACT/FLAGRANT DISREGARD
54) Plaintiffs reaver and reallege each and every allegation set forth in paragraphs one
(I) through lii'ly-three (53) as though fully rewritten herein.
55) That acted intentionally, recklessly, maliciously and with flagrant
disregard of Plaintiffs James Sweeney, Laura Silveri Sweeney, and Janet Eggen by
failing to determine whether or not their minor children H.M.S.S. and S.E. were persons
subject to a formal police report l11ed with a local law enforcement agency which alleges
that that person has eorrunitted retail fraud in the first, second or third degree or violated a
local ordinance substantially corresponding to section 218, 356, 356e, or 356d oflhe
Miehiganpenal code, 1931 PA 328 MeL 750.218,750.356, 750.356e, and 750.356d,
prior to sending written demands threatening civil action j r n.mds were not paid.
56) That as a direct and proximate result of defendants' intentional, reckless,
malicious and flagrant disregard for plainti rrs have suffered such inj uries and damages as
are alleged in paragraphs fifty (50) and fifty-one (51) herein.
57) That as a further direc.t and proximate result of tlagrant and malicious
conduct, plaintiffs lanles Sweeney, Laura Silveri Sweeney, and Janet Eggen are entitled
to punitive damages.
12
C. CONSPIRACY AND FRAUD
58) Plaintiffs reaver and reallege each and every allegation set forth in paragraphs one
(I) through ifty,seven (57) as though fully rewritten herein.
59) Defendants Federated Retail Holdings, Inc., TIle May Department Stores, and
Palmer, Reifler and Associates, P.A. knowingly, intentionally and maliciously conspired
among themselves to send written demand letters, to persons from whom Defcndants
knew or should have known were not entitlcd to seek restitution under the J\liehigan
Revised Judicature Act of 1961 Section 600.2953. As further and alternative ground for
relief, Plaintiff's assert a cause of action for conspiracy and fraud.
tiO) As an affirmative act and evidence of the ongoing fraudulent conduct Defendants
Federated Retail Holdings, Inc., The May Department Stores, and Palmer, Rei !.ler and
Associates, P.A .. , its employees and agents, m,lliciously threatened persons or parents of
unemancipated children with the express intent to extort money from them without regard
to liability or the provisions of Michigan Revised Judicature Act of 1961 Section
600.2953.
61) The letters also sought increasing do to lack of response.
This conduct represents other affinnativc acts in support of the conspiracy and overall
Ih!udulent conduct of the Defendants il1 violation ofMCLA 750.213.
13
62) At all times relevant, the Defendants, knowingly, intentionally, and maliciously
conspired for the purpose of extorting funds from on the citizens of Michigan, including
the Plaint! i1's herein.
63) The Defendants further conspired by knowingly and intentionally communicating
any and all alleged aets or retail fraud without full investigation as to legitimacy and thus
creating circumstances where substantial injury and harm (0 Plaintiffs' persons were
ccrtain or substantiall y certain.
64) Despite Defendants' knowledge that they were requircd to investigate and
determine whether a person or unemancipated minor is the subject of a formal police
report filed with a local law enforcement agency which alleges that that person has
commiUed retail fraud in the first, second or third degree or violated a local ordinance
substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal
code, 1931 PA 328 MeL 750.218, 750.356, 750.356e, and 750.356d, Defendants herein
knowingly, intentionally and maliciously conspired to avoid any investigation of
PlaintitIs' status, in order to determine actual ~ s t s associated with such investigation
solely to obtainlln,mcial benefit.
65) As a direct ,l11d proximate result of the knowing, intentional and malicious acts of
conspiracy of the Defendants and their employees, agents, and representatives, the
Plaintiffs have suffered physical and emotional injuries; mental and emotional distress;
loss of enjoyment of life; and other actual and cOlnpensatory damages in excess of One
Million Dollars ($1,000,000.00) per PlaintitI.
14
66) Furthermore, thc Defendants' knowing and intentional acts of conspiracy and
their violation or Michigan and Federal Statutes and local ordinances entitle Plaintiffs to
punitive damages in excess of One Million Dollars ($1,000,000,00) per Plaintiff from
each defendant, so as to deter the Dctcndants from such conduct in lhe I'ulure and to deter
others from engaging in such irresponsible activity,
WHEREFORE, plaintiffs and the Class in which it seeks to represent request
that this Court enter a judgment against Defendants Federated Retail Holdings, Inc" The
May Department Stores, and Palmer, Reifler and Associates, P,A. and in favor of
plaintil'f's and the Class members and award the following relief:
A. Certification of a Statewide Class defined as:
All persons residing in the State of Michigan who: (1) have had not
been subject of a I'(Jnnal police report filed with a local law
enforcement agency which alleges (hal lhal person has committed
retail fraud in the first, second or third degree or violated a local
ordinance substantially corresponding to section 218, 356, 356c, or
356d of the Michigan penal code, 1931 PA 328 MeL 750,218,
750,356, 750,356c, and 750,356d and (2) have received a written
demand trom or 011 behalf of allY retail store o\med or operated by
Defendant Federated Rctail Holdings, Inc" Individually and As
Successorsil1 Interest to The May Departmcnt Stores, including
but not limited Lord and Taylor seeking payment of the civil
damages in accordance with Section 600,2953(1) orthe Revised
Judicature Act of 1961
O. Declare that Dctcndants Fcderated Retail Holdings, Inc" The May
Depar(men( Stores, and and Associates, P.i\. acts which violate
one of the suhjec.t ol'this Complaint have the Michigan Revised Judicature Act of
1961 Section 600,2953 and are financially responsible 1'01' noti rying all Class
membcrs of the violations;
15
C. Compensatory damages against Dclendants Federated Retail IIoldings, Inc.,
The May Department Stores, and Palmer, Rei Iler and Associates, P .A, jointly and
severally, in excess of$75,000,00, exclusive ofinteres( and costs on Causes of
Action A through B;
D, Punitive damages against DeJ(mdant Federated Retail Holdings, Inc., The
May Department Stores, and Palmcr, Reifler and Associates, P,A on Cause of
Action Band C;
E. Equitable, injunctive reliefin the form oCthe developmcnt of a system which
verities that any DeJendant has conducted a proper investigation prior to sending
any written or oral demands, in compliance with Section 600.2953(l) ofthe
Revised Judicature Act of 1961 or bc subject to penalty;
F. Prejudgment and post-judgment interest on all damages;
G. Costs, including costs associated with discovery OInd notification of the class,
expert fees and attorney fees incurred in the prosecution of this adion; and,
II. Such other and further relieCthat the court deems just and proper.
K YANKE (0043735)
AND ASSOCIATES
The Bradley Building, Suite 303
1220 W cst Sixth Street
Cleveland, Ohio 44113
Telephone: 216-241-1872
Facsimile: 216-241-1873
Email: kaye(ii).bcoonlaw.com
16
.JURY DEMAND
A (rial by jury on all issues is hereby demanded.
17
fIltJ$ 44 (Rev, 11/04)
CIVIL COVER SHEET County in which thl' oelion .... e. Oakland
The 44 civil lOver sllcet and the, inform,ltion contained replace llnd plea?!ngs or other by .law, except
prOVIded hy local rules of l:lpproved by the JUdlt'lUl oithe Umled Sti.ltes III 1974, \$ reqUIred for lbt usc ot the Clerk ofCol,lrt for the putpOse
initiating the civil docket sheet (SIiE iNSTRUCTIONS ON THE REVERSE OJ' TIll' t:oltM )
- -
I. (a) PLAINTIFFS DEFENDANTS
Sweeney, Silveri Laura ImJividl,lsl1y and .IS frietld ofB.M.S.S. Federl1teu Reti'lil Holdings 1m;., May Department Store Co.,
Janet 111dividunlly und "'$ Ilcxt friend of g,t::.. aud Sweeney, Hrigid Mi.lrie Silveri
Store!> Inc . and p;11mer, Reiffler IIml Associaks, P.A.
(b) County of of Fil'st r Plaintiff Qakland CO\lnty uf First
Oi:lkillm]
(ltXCEPT iN U.S, CASES)
.. "-"-- - ..... " v,
7A0/)<
C .... : 2:06-,,.IIIH87
T. : F"iken., John
(c) (to'lnTI Name, AddrcS!l, and Number)
Referral Whalen, R" Stel"'en
A .. .. t.. : 2/2812006 'A.' 1 :44 p.m,
finmt COOl) and Cumlyn Kaye Ranke (0043735)
I?e!ltrlptmn: cmp swecnc)", et al ,"',
1220 Sixth Street, Suite 303
Cleveland Ohio 441131216) 2411872
felknlted holding, et 31 (tam)
-
II. BASIS OF JURISDICTION (Select One Un).; Ot\ly J JII. VI' rKtl",'Llr.<'"'11..J .............. ..
., ---,.
-
(For Divcn;ily Oldy) lind Om:: Box for Dcfl:nQMI)
n I U.S Government n 3 Federlill

DEF I'TF DEF
PlnintHl'

CidZCI\ />lLlllc 0 I Incorporated (II' Principal 1'lIulC 0 4 n.
of In Stat(':
n' U.S. Government Cili:l:.(,:!l of Another Stille n :.! n Z lnwrporatcd tlnd n 5 r(S
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. ' .._ (lOdie;" Citizo",hl, ot'."",,, ill 110m III)
I)f l:!usincas In
CitIzen or SllhjL!(:1 ura n J
,; .1 l-Ul\:iSII Nation I:J 6 n

Ftm:i 'II COUlIUV
IV. NATURE OF SUIT ISel,,,On, Sox Onl,)
C to' rs H RFEITU
-y
1 T(':Y
0 II 0 PERSONAl, PERSONAI.I)'r,',IIJRY I:J 6!0 o AppcillJ 2S USC 158 0 .:lUI) ,state: Reapportionment
n 1:2.0 Marinc i.J
J 1 () Airplanc i.J ,it'l2 t'cl'!ioll!l.1 Injury - 0 62(1 Food & Drlig n '12j Withdrawlill n
0 no MHIL.:r Act 0 Alrpltl1t Product M(;(i. M;llpl'acticc 0 l)rug Rda(l.';r1 Seizure 2K u8(; 157 n 430 Banks and 13;\nking
(J 140 Ncg!;1tmhh:l Imlrun\i;tlt tiu\1ilily n 365 Injury ofPropcrty 21 (JSC: Cl 45[) CmlllYli;l'CC
D J 50 (11 ()VL.:r!llYllKIII n 320 ASS:lI1lt, l.ihul & l.illhilily n 630 Liqllor T R Hi" ,; 46!l Depilt'tatiOI1
,& ud,(;mcl\t Slnndur Cl )6S 0 640 R,R, &. o 820 0 47(") IllflllCni:cd {Loll
':J
1':;1
Cl no Injury Cl 650 Airline o 830 CUfTUpt
; t 52 \It I.)efullcd T..i11\1itiLy LinbitiLy n 660 n 840 TTildum:lrk (] 460 Credit
ShnicnL CJ J4(l PERSONAI,I'ROI'J:t.:IHY (] 490 Cable/Sat TV

Cl 345 I'nldu(;t 0 370 Othl:T Fr;lud :J 690 Other 0 Servicc
0 1 Lillbdity D 371 Ttilth in I ondinll IT .r:! 8S0
r1 350 Motor Vc"hi\;le n 380 Other n '/10 Fair Labor Standnn.l\ n Mil HIA (lJ9Sff) Exchnngt,l
n 160 St<:KkholdcTl;'
1:;):5 MOl" V,hiol.
Jlroperty Damngc Atl n K6i Slack Lllllg (92)) n 815 Cw,tomer C"hnllenKI.l
Cl
190 Olher Con'"'' i
Lililbility
.,
3!:1!> f'ropcrty Damar-e 0 720 Lalx)I'IMgmc Rcilition$ CI HtiJ D1WC/DIWW (40S(g)) 12l1SC 3410
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J 95 Contmct Prodllc.t Lillhi y flU Other PCfl101lnl f'roduet Liability 0 7)OI.abM'MgJllt.Rcportinr.
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n I wi f't:tMhis() In'ury &. Allt 11 865 RSI{105{g':
,-,
INI ASlillllltura! Actll
l
RtAL l'ROPtRTY CIVIL PRISONER PETITIONS n 740 Railwu;V At:1 FE[)ERAL TAX SUfI'S 0
IN2 ECl.1llOmic Stnbi!i7luilln
Act
n 2 10 Land C:ondcmn<tti(ll"l n 441 vUling
,1
.:ilU M"'tkma 10 Vacate n

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0 4421:mphlYllll:irH 0
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CJ 7.40 tn Lund n 530 ,'-,
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I
\ (
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\)(;IJ;I'1"11illation Under
EJ.npl<:l)llT1l.mt n 550 Civil Rights
J
tQ
44ti Amcr, wiDiaabJliti()3 - 0 t:l'mditioJl
'-' I '\l
0 !:ISO COMtitutiOllolity <:If 0
" J
Oti1cr StilLe Statutes
0 440 Qther (:ivi!
ICIN (Scloot On<:: Box Only)
2 3 4 :1 5 Tl"an"terrc:d from r"'I 6
U Removed from U frum U Rohmated or ,,, " another l_'
Appeal to Uistrid
CJ 7 Jmlgc ti\lln
M<tgistt'tlte
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Cile tIle U,S Civil Statute under whidl yU\l tiling (Do not elk j"risdicfJoual liitatutcs unll'Ss diversity):
______________________________________________________________________ __
VI. CAUSE OF ACTION c
Grief of cause:
Negligence. NegligetlfjFlaJ:l,l"ant Diluegard, Ext0rtioll
CHECK TF THIS IS A CLASS ACTION DEMAND $
CHRCK YES unly' VII. REQUESTED IN
COMPI.AINT:
U:-.IDER f.R.C.P, 23 in (lf$S,OOO,O(JO.
e:msndcd in'cQ!llpluim:
!f y" ONo
VIII. RELA UD CASR(S)
IF ANY
DATE
Februury 24, 2006
F )R OI'lflCE USE
RECliwr It _____ AMOtJNT _______ _
APPLYING I" _____ _ .Tunon ________ _ MA(J,1()D(;H _______ _
PURSUANT TO LOCAL RULE 83.11
1. Is this a case that has been previously dismissed?
2.
If yes, give the following information:
Court: _____________________________ __
Case No.: _________________ _
Judge: ___________________ _
Other than stated above, are there any pending or previously
discontinued or dismissed companion cases in this or any other
court, including state court? (Companion cases are matters in which
it appears substantially similar evidence will be offered or the same
or related parties are present and the cases arise out of the same
transaction or occurrence.)
If yes, give the following information:
Court: ___________________________ __
Case No.: _________________ _
Judge: ____________________ _
Notes: There is nnulher action wru(;h L::l t\1)t ponding but irs bCi"g tiled with thi::; ul.:!ioJ'l which the
DYes
No
DYes
No
6 agai n, t hat i s r mc 11 cr 22176
6 again, that is rmc 11 cr 22176

RENO MUNICIPAL COURT
P.O. Box 1900
Reno, NV 89501
(775) 334-2290
Fax (775) 334-3824
E-mail address: RenoMuniRecords@reno.gov
RECORD REQUEST

INSTRUCTIONS: Request Date: ______________
1. Print out this request form.
2. Fill the form out completely.
3. Mail, fax or email your request to the Court.
4. You will be notified when your records are ready for pick up.
Copies may take 3-4 weeks

File Information:

Defendants Name: ______________________________________ Date of Birth: _______________________

Reno Police Case/Citation Number: ____________________________________________________________
(If you do not have this number you can contact Reno Police Department at 775-334-2175)

Charge(s):_________________________________________________________________________________

Charge Date: ______________________________________________________________________________

Requestor:

Name: ____________________________________________________________________________________

Mailing Address: ___________________________________________________________________________

Phone Number: ___________________________ Fax Number: ____________________________________

E-mail address: _____________________________________________________________________________

CHECK ONE:

Computer printout: This includes case history and disposition. ($0.30 per page)

Certified computer printout: This includes case history and disposition, all copies certified. ($3.00 per page)

I.N.S. Certified copies: ($3.00 per page)

Other documents: (Please specify) __________________________________________________________

You will be notified by phone or e-mail of the cost and when to pick up your records
11 28 2011
Zach Coughlin
9/27/1976
trespass
November 13th, 2011
Zach Coughlin
817 N. Virginia St
775 338 8118
949 667 7402
zachcoughlin@hotmail.com
x
x
and and all documents, and audio/video materials
pc sheet, witness statements, related police reports
dispatch recordings, 911 calls or other phone calls
Reno Police #11-22185
Court Rules and Procedures
Rule 1: Applicability of Rules
A. These rules may be referred to as the Reno Municipal Court rules and
may be abbreviated as R.M.C.R. These rules are intended to supercede
the rules promulgated and made effective on January 1, 1980 by the
Reno Municipal Court.
B. Whenever it appears that a particular situation does not fall within the
purview of a rule, or that a literal application of a rule would cause a
hardship or injustice in a case, the court may make such order as the
interests of justice require.
Rule 2: Organization of the Court
A. The Municipal Court consists of a number of departments designated by
City Council resolution, each presided over by a judge duly elected or
appointed to that position. Judges pro tem may sit in each department
from time to time as authorized by law. A judge pro tem duly appointed
and authorized by the presiding judge of a particular department to sit in
that department shall have the same jurisdiction as the presiding judge,
except that the judge pro tem has jurisdiction only over matters to be
heard on his or her assigned docket. Judges pro tem are not permitted to
act on any motion filed in any case, except those requiring resolution
before a case can proceed on the docket to which the pro tem judge is
assigned.
B. All cases set for trial or other post-arraignment proceeding, except a
sentencing set by the arraigning judge, shall be randomly or sequentially
assigned to one of the departments. Insofar as is practical, all cases
pertaining to a defendant shall be assigned to the same judge. In the
event a judge must recuse himself or herself, the matter shall be sent to
the administrative judge for reassignment to another department.
C. The elected or appointed judges of each department may act for one
another by mutual agreement as circumstances dictate.
D. Each year, the elected or appointed judges shall select one of their
number to act as administrative judge for the upcoming fiscal year. The
administrative judge shall handle all court administrative matters and
shall be authorized to speak publicly for the court on matters of court
policy.
Page 1of 3 City of Reno : Court Rules and Procedures
11/29/2011 http://www.reno.gov/Index.aspx?page=211
Rule 3: Authorization to Represent
A. Attorneys representing defendants shall promptly serve written notice of
their appearance with the City Attorney and file the same with the Court.
B. An attorney desiring to withdraw from a case shall file a motion with the
court and serve the City Attorney with the same. The court may rule on
the motion or set a hearing.
Rule 4: Motions
A. Except for good cause shown, all motions shall be accompanied by
affidavit, and, when appropriate, by points and authorities. All motions
must be served on the opposing party and must be file stamped along
with accompanying proof of service.
B. The opposing party may file and serve answering points and authorities
on the moving party within 10 days after service of a motion.
C. The moving party may file and serve reply points and authorities within 5
days thereafter.
D. Upon the expiration of any time period set for response by this rule,
either party may file and serve a written request for submittal of the
motion, or the court may consider the motion submitted.
E. An opposition to a motion must state the reason(s) for objection.
F. Motions shall be decided without oral argument unless oral argument is
ordered by the court.
Rule 5: Motions by Facsimile
A. All rules and procedures that apply to motions filed in person at the
court shall also apply to motions filed by facsimile, except as otherwise
specified in this rule.
B. All persons are eligible to use motion-by-facsimile procedures.
C. All motions filed by facsimile must be accompanied by a cover sheet
which must include the persons name, address, fax number and
telephone number.
D. All facsimile motions filed by an attorney must include the attorney's
name, the firms name, address, fax number and telephone number. In
addition, the attorneys state bar number must be conspicuously
displayed on the cover sheet.
E. All motions filed by facsimile must be accompanied by proof of service.
Service may be accomplished by facsimile when the receiving party is a
governmental agency, an attorney, or with the consent of the receiving
party. If service of the motion is accomplished by facsimile the 3-day
allowance for mailing shall not be computed into the time for response.
F. A defense attorney filing a motion in the first instance must also file a
proper authorization to represent.
G. Any motion received by the court after 4:30 p.m. or on a non-court day
shall be filed on the following court day.
Rule 6: Continuances
No continuance shall be granted, including a stipulated continuance, except
for good cause. A motion or stipulation for continuance must state the reason
therefore and whether or not any continuance has previously been sought or
granted.
Rule 7: Corporations
Except with the permission of the court, a corporation or other business entity
shall not appear in propria persona.
Rule 8: Courtroom Conduct and Attire
Proceedings in court should be conducted with dignity and decorum. All
persons appearing in the court must be appropriately attired. All attorneys
must wear appropriate business attire.
Rule 9: Appeals to District Court
Except as otherwise provided in NRS 177.015 a defendant in a criminal action
tried before a Municipal Court Judge may appeal from the final judgment
therein to the Second Judicial District Court, at any time within 10 days from
the date that judgment is rendered.
Effective January 1, 2000
11 cr 22176 2I
x
Judge Howard
November 30,
2011
1pm
Zach Coughlin
29th
November
2011
Janice store clerk walmart arrest receipt cashier 2nd St. 89501 Walmart
THE CITY OF RENO
Case: __ _
Vs. Dept. #: 10 20 3D 4 0
, Defendant!
SUBPOENA
IN VIOLATION OF

On ____________________ , at ___ _

By:. __ \1. O,,'r'r:l
Deputy Clerk '-
STA TE OF NEVADA
:ss
COUNTY OF WASHOE)
Signed: _. ______ . ___ _
Notary Public
11 cr 22176 2I
x
Judge Howard
November 30,
2011
1pm
Zach Coughlin
29th
November
2011
Brian Bain 2nd st Walmart Reno and LP supervisor 2nd St. 89501 Walmart
THE CITY OF RENO
Case: __ _
Vs. Dept. #: 10 20 3D 4 0
, Defendant!
SUBPOENA
IN VIOLATION OF

On ____________________ , at ___ _

By:. __ \1. O,,'r'r:l
Deputy Clerk '-
STA TE OF NEVADA
:ss
COUNTY OF WASHOE)
Signed: _. ______ . ___ _
Notary Public
11 cr 22176 2I
x
Judge Howard
November 30,
2011
1pm
Zach Coughlin
29th
November
2011
faxed to or
asdfsadf Declaration
29th
NOvember, 2011
29th
November 2011
/s/ zach coughlin, signed electroncially
29th
dsafsdfaasdffdasfsafds
df
under penalty of perjury NRS
Janice cashier
, Brian Bain Store Manager; LP manager, 2nd ST. Walmart
John Ellis and ASM "Connie" 7th St. Walmart
emailed
NOvember 2011 notary not required where
Declaration under penalty
of perjury made NRS
and subpoena duces tecum
please appear and further bring any evidence including media related to
retaliatory threats by walmart staff or lp personnel
THE CITY OF RENO
Case: __ _
Vs. Dept. #: 10 20 3D 4 0
, Defendant!
SUBPOENA
IN VIOLATION OF

On ____________________ , at ___ _

By:. __ \1. O,,'r'r:l
Deputy Clerk '-
STA TE OF NEVADA
:ss
COUNTY OF WASHOE)
Signed: _. ______ . ___ _
Notary Public
1. Odor v. Wal-Mart Stores East, Ltd. Partnership,
Slip Copy, 2011 WL 3203760, E.D.Ky., July 07, 2011 (NO. CIV.A.
10-287-WOB)
...endangerment in the second degree is a Class A misdemeanor. FN4. KRS
446.070 provides: Penalty no bar to civil recovery: (1) A person injured by the
violation of any statute may recover from the offender such damages as he sus-
tained ...
...Defendant violated these statutes. In fact, the only facts asserted are that
Plaintiff was struck by an automobile while in Wal Mart's parking lot and that
Wal Mart failed to use appropriate and reasonable means to properly control,
operate and/or manage its premises. (R. 141, ...
2. White v. Wyeth,
227 W.Va. 131, 705 S.E.2d 828, 2010 WL 5140048, W.Va., December 17, 2010
(NO. 35296)
...applicable to a common-law fraud claim applied, the Supreme Court noted that
[r]eliance is not a general limitation on civil recovery in tort. Id. at 655, 128
S.Ct. 2131. The Court went on to say in Bridge that while it may ...
...must, if possible, be given to every section, clause, word or part of the statute.
Syl. Pt. 3, Meadows v. Wal Mart Stores, Inc., 207 W.Va. 203, 530 S.E.2d 676
(1999) We recognize that some states require reliance on the deceptive...
3. Crouch v. Johnson & Johnson Consumer Co., Inc.,
Slip Copy, 2010 WL 1530152, D.N.J., April 15, 2010 (NO.
CIVA09-CV-2905(DMC))
...construed to limit a person's right to seek punitive damages where appropriate.
FN4. K.R.S. 446.070 Penalty no bar to civil recovery. A person injured by the
violation of any statute may recover from the offender such damages as he sus-
tained by ...
...2006 to 2008 purchased Defendants' products. J & J is a New Jersey corpora-
tion engaged in business throughout the United States. Wal-Mart is an Arkansas
corporation engaged in business throughout the United States. Therefore, the
Kentucky State contacts in the instant matter...
4. Kelly v. Palmer, Reifler, & Associates, P.A.,
681 F.Supp.2d 1356, 2010 WL 111492, 22 Fla. L. Weekly Fed. D 599, S.D.Fla.,
QUERY - "CIVIL RECOVERY" W/255
WAL-MART
DATABASE(S) -
ALLCASES,ST-ANN-ALL,NV-RULES,NV-AD
C,ALR,AMJUR,LAWREV-PRO
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
January 11, 2010 (NO. 08-21843-CIV)
...with either of these claims sufficient to send them to the jury. 18 FN18.
Plaintiffs focus on the allegedly deceptive civil recovery practices employed by
the Palmer Law Firm but do not claim the amount of money Simon and Baum
paid was ...
...pursue civil theft claims against them. Notwithstanding Plaintiff Simon's testi-
mony that she did not believe her son stole anything from Wal-Mart and she
only paid because she wanted to avoid being sued and incur additional legal ex-
penses [D.E. 165-3 at ...
...of these Plaintiffs can legitimately claim that there was no possible basis for re-
covery under 772.11 , which contemplates civil recovery for attempted
shoplifting. See 772.11(1) Any person who proves by clear and convincing
evidence that he or...
5. Robinson v. Rooto Corp.,
617 F.Supp.2d 748, 2008 WL 1999325, W.D.Tenn., May 06, 2008 (NO. 07-2543)
...E.D.Pa.2007) I adopt the view of those courts that the FHSA has no private
right of action Gibson v. Wal Mart Stores, Inc., 189 F.Supp.2d 443, 449
(W.D.Va.2002) The FHSA provides for no private right of action State tort ...
...precedents outside the Third Circuit, I find that the FHSA does not contain a
private cause of action. Isgett v. Wal Mart Stores, Inc., 976 F.Supp. 422, 429
(S.D.Miss.1997) In sum, except for the first Cort inquiry, all of the other ...
...Cross v. Bd. of Supervisors, 326 F.Supp. 634 (N.D.Cal.1968) (holding, seven
years before the Supreme Court decided Cort, that [ c]ivil [ r]ecovery under the
FHSA may be applied under appropriate circumstances [2] A few courts have
also applied the reasoning of Riegel...
6. Stringer v. Wal-Mart Stores, Inc.,
151 S.W.3d 781, 2004 WL 2363767, 150 Lab.Cas. P 59,920, 21 IER Cases 1682,
Ky., October 21, 2004 (NO. 2001-SC-0262-DG)
...a claim for common law invasion of privacy, the trial court appears to have
treated Appellants' claim as one for civil recovery for a violation of a statute. Ac-
cordingly, we, like the Court of Appeals below, will evaluate the claim as Appel-
lants ...
...The Court of Appeals held that: (1) the trial court erred when it granted partial
summary judgment for Appellants because Wal Mart's conduct in recording
conversation in the claims area as a mere incident of their intent to video the area
WAL-MART
DATABASE(S) -
fall[s] short of intent [W]e are convinced that the acts of Wal Mart were not of-
fensive to the eavesdropping statute ; and (2) Appellees were entitled to a direc-
ted verdict at trial because Appellants ...
...suffered as a result of the recorded conversations, and we think it incumbent
upon appellees to demonstrate injury resulting from Wal Mart's audio surveil-
lance. Hence, we are of the opinion that appellees failed to prove damages flow-
ing from the illegally recorded conversations...
WAL-MART
DATABASE(S) -
NO: REV 2011 -001708
DEPARTMENT NO.2
In the Justice Court of Reno Township, County of Washoe
STATE OF NEVADA
MA TfHEW MERLISS ACTION: NOTICE TO VACATE
LANDLORD.
v. DEMAND: RESTITUTION OF PREl\USES
ZACHARY COUGHLI N IN PROPRIA PERSONA
DATE
2011
OCT 6
OCT II
OCT 12
OCT 13
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 18
OCT 18
TENANT.
PROCEE DI NGS
ATTY fOR PIAJlo."TIfF.
CASEY BAKER. ESQ.
_s_
ATTY fOR DEFENOANT
Motion to Proceed in Forma Pauperis filed and submitted. GRANTED per Judge Sferrazza.dss
Tenant's Answer/Affidavit to 30 Dpy No Cause Eviclion & Unlawful Detainer; MOlion for
Sanctions and Anorney'S Fee$; Counterclaim for Damages filed. Hcaring sel for OCTOBER
13,2011 al 8:30 AM. Both parties notified by mail. Left message for tenant. Spoke to
Landlords attorney. Dss
Motion 10 Continue filed by Tenant SUBMITTED. ks
Landlord's Opposilion to Tenant's Answer/Affidavit to 30 Day No Cause Eviclion: MOlion for
Sanctions and Allorney's Fees; and Counterelaim for Damages filed. cv
Plaintiff. represented by CASEY BAKER. ESQ.
Defendant,. ZACHARY COUGHLIN appeared for a Summary Eviclion hearing before Judgc
SFERRAZZA.
Hearing held. Tenant's MOlion to Continue Denied. Iftenanl posts rent ofS2,27S.oo by 9:00 am.
Monday Oclober 17, 2011 a trial 1,;1I be set for OCTOBER 25. 2011 AT 10:00 am.
If tenant does not post the monies, e"iclion 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 Aside. Vacate Eviction Hearing Order filed. be
Emergency Ex Parte Motion fil ed. cv
52.275.00 CASH POSted by ZACHARY COUGHLIN, 121 River Rock St.. Reno, NV. 89501
Opposilion to Emergenc}' MOlion To Stay Set Aside; Vacate Eviction Hearing Order filed. be
Order for emergency Motion To Stay Sel Aside; Vacate Eviclion Hearing DENIED. Be
Lener returned to court --Notice of Hearing"to Green Action Lawn Service.
MOlion 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 lime SUBMITTED. cv
Errala To Opposition To Emergency /IIOIion To Slay, SCI Aside. Vacate Eviclion Hearing
Page I of4 RJC 201 1-001708
OCT 18
OCT 1.
OCT 19
OCT 19
OCT 19
OCT 19
OCT 20
OCT 20
OCT 24
OCT 25
OCT 25
OCT 26
Received - NOIice of Appeal to District Court be
Order filed. be
For Audio Cop)' ofProctedings along with a Motion lnfonna Pauperis Granted.
Subpoena Duces Tttum Re Hearing issued to RANDY FISHER.
Subpoena Duces Tecum Re Hearing issued to ZACH NASH. Jj
Subpoena Duces Tecum Re Hearing issued to NV Energy.be
Certificate of Service filed.
Declaration of Casey 0 Baker, Esq. Pursuant 10 NRS 40.254 filed.
NOIice of Entry of Order filed. be
Notice of Appeal to District COUl'! filed. dss
Faxed Emergency for Confereoc:e Call filed.
Order Shonening Time filed. requiring Inspeetion of Real Propeny on Monda)' the 24'"
Of October 2011 at 10:00 A!l.t be
Emergency Request for Hearing submined. be
Emergen<:y Request for Hearing-issues will all be taken care of at the October 25. 2011
Hearing. be
Subpoena Duces Tttum Re Hearing (NV Energy) filed with an Affidavit of Service to Joanne
McMaster, Legal Assistant ON October 20, 201 J.j J
Emergen<:y Demand for Jury Trial and Amcnded Tenant's AffidavitfAnswer/Counterclaim
filed.
Letler from Tenant regarding using In Fonna Pauperis pleading for Jury Trial fee ofS 160.00.
Cenificate ofSenice filed. 1:5
Subpoena Duces Tecum Ke Heanng filed With due diligence. C\'
Subpoena Duces Tttum Re HearingRandy Fisher served (ktober 19. 201 1.
Subpoena Duces Tecum Re HearingZath Nash served October 19. 2011.
Affidavit in Suppon orMolion for Summar), Judgment Denyina Summary E\'iction/Motion for
Sanctions/Trial SUliement filed.
Plaintiff. MA lTHEW MERLISS appeared and represented by CASEY BAKER. ESQ.
Plaintiffs I" Witness: Denise Tsuda. NV Energy - represented by Brandon BarkhulT. Esq.
Plaintiffs 2- Witness: Manhew Merliss
Defendant's I " Witness: Zachary Coughlin
Defendant', 2"" Witness: Manhew Merlin
Plaintiffs Exbibiu: A.B.C.D.E.F.G.HJ marked - A - I admilled
Defendant's Exhibits: 1.2.3.4.5.6.7.8.9 marked - 1-9 admined
Defendant. ZACHARY COUGHLIN appeared for a Summary E\'iclion bearing before Judge
SFERRAZZA.
Hearing held.
Landlord has met his burden of proof. EVICTION GRANTED effective (ktol!er 31. 2011 at 5:00
pm. Landlord may in 48 hours from today. inspa:t the: propeny. Order to be rubmined to the:
caUl'! by noon on ThutSday,
Deny request for a Jury Trial . not timdy, Bail/rent posted of $1275.00 OOt to be disbursed al this
time. Tenant has 10 days to appeal and posted rent "ill suffice as appeal bone!.
COUl'! finds that there is no Defense ofrctaliation by the landlord. Tenant's Verbal Motion to Slay.
Denied.jJ
Motion to Set Aside Eviction Order filed. mm
and DENIED.
Pagc2of4 ruc 2011-001708
OCT 26
OCT 27
OCT 31
NOV I
NOV 2
NOV 3
NOV 7
NOV 7
NOV 8
NOV 8
NOV 9
NOV 10
NOV 16
Order Insption of Real Property SUBMITn::D and GRANTED. cv
Memornndwn of Costs and DisburselTlC'nts filed.
Findings of Fact. Conclusions of Law. and Order for Swnmary Eviction SUBMlrI"ED and
GRANTED.Cv
Motion to SCI Aside and or Stay Eviction OrderlMotion for Sanctions filed. ce
Emergency Appeal and Motion to Stay Eviction filed and SUBMITIED.
Leuer requesting last hour of CD filed. ks
Notice of Entry of Order filed.
Per Judge Sfe1T1lZZll: This is an appeal to the DislI"ict Coun 50 it needs to be transferred there.
,.
Motion 10 Stay Lockout and Complaint for Illegal Lockout filed. ks
Notice of Hearing filed. (Set for Monday. NOVEMBER 7, 201 I al 8:30 a.m.)
Notice of Appeal to District Coun filed.
Motion for Expedi ted Relief for the Unlawful Removal or ExdusiOl1 of the Icnam or the
Willful Interruption ofEMential Services filed.
MOlion 10 Release: Bond filed.
Motion to Stay and/or Vacate Ordcr for Summary Eviction filed.
Motion to Cominue in Posscssion (Elderly or Disabled Tenants Only) filed. ks
Returned mail. Not dc:livcrablc as addressed. dss
Plaintiff, represented by Casey Baker. Esq.
Dcfendam, Zachary Co ... 81-'1X"IIlcU fur .. SI,lIJUJIllf)' Eviction hearing before Judgc
Sfe1T1lZZll.
Hearing held. Decision:
I . Rem deposit 10 be refWlded \0 plaintiff in the amount ofS2275.00.
2. Silly denied.
3. Supetdes bood ifstay granted by District Court is 3 times monthly rent or S27OO.00. jJ
of Service filed.
for Submission of fo. lemorandwn of Costs and Disbursements filcd. dss
Tenants Opposition 10 Landlord's Memorandum of Fees and Costs and Tenants Memorandum
Of Fces and COSIS bcca ... sc Sellers does not preclude Auomeys fee Sanction awards 10
Anomey Pro Sc Litigams where NRCP is invol ked lIS it c\cllfly should be Here filed.
Motion for Sanctions againsl Merliss and Motion For Sanction against Merliss's Counsel
And Counscl"s Law Firm. PeT1Onally, Jury Trial Demand filed. be
COlTCCtion of Inadvertent t-. lisstatemem of Law Pursuant to NRPC 3.3 FI LED.
Order Awaroing Costs and Altomey's Fees SUBMlITED. ks
Order Awarding COSlS and AUomcy's Fees filed. ks
Affidavit of Service liled. (LANE KARl HARTMAN sen'ed NOVEMBER 2. 2011)
Affidavit of Service liled.
Notice of Entry of Order liled.
Order for Preparation of Transcript at Public Expense liled.
Motion to Contcst Penonal Propeny Lien and for Return of Personal Propeny & Motion to Set
Aside or Vacale AllY Fee Award filed.
Verifitd Complaint for Illegal Lockoul or Utility Shutofffiled.lj
Motion to Wa.ive Transcript COSIS at Public Expense and Deposition Costs and Fets liled. ks
SUBMIITED all three for this date. jJ
Pagd of 4 RJC 2011-001708
NOV 16
NOV 17
NOV 21
NOV 23
NOV 28
DEC I
DEC .5
DEC 6
DEC 6
DEC 12
Request for Audio Copy Proceedings filed. rw
Judge wants hearing scI. Unable to reaeh tenant. File on counter "ith Ihe Audio ed for him to
pick up. jJ
Opposil;onlo Motion to Waive Transcript COSIS and Deposition Costs and Fees at Public
Expense filed.
Opposilon to MOI;onlo Conlest Personal Property Lien; Joinder in Motion to Set Aside or
Vacate Anomey Fee Award filed.
Motion for Order to Show Cause filed. dss
Order for Hearing filed.
Motion to Set Bond and Stay Eviction filed.
Desiglllllion of Record and Statement of Points on Appeal and Notice of In ten I to File Brief
filed.
AffidaviliDeclaration in Support of MOlion 10 Contest Personal Property Lien and for Return
of Personal Property filed.
Certificate orNo Transcript filed.
Not ice of Appeal filed.
Statement ofProcecdings filed.
Notice of Posling and Acceplance ofSupersedeasiCost Bond on Appeal submitted. Dss
NOlice of Redaction filed. Jj
Opposition to and Reservation of Right 10 Oppose on Ihe Merits All Papers Filed or Submiued
by Defendant on or about November 23. 2011.jJ
Order filed by Judge Peler J Sferrazza. (The Order Awarding Allomey's Fees is VACATED;
This Court no longer has jurisdiction in this mailer wilh respect to the eviction, since Ihis case
was appealed 10 the Second Judicial Dislrict Court: it is further ordered thaI any olher motions
that have been filed with the Court shall be slayed umil such time as the appeal is decided.)
Opposition to Motion 10 Show Cause; MOlion to Vacala and or Set Aside and or Stay Eviction
OrderlMotion for Sanctions filed.
AffidaviliDcciaration in Support of Motion 10 COntesl Personal Properth Lien and for Return
of Personal Property filed.
Motion to ConteSI Personal Property Lien and for Return of Personal Propeny filed.
Notice ofEmry of Order filed.
Order for Hearing field. (Set for DECEMBER 20. 2011 at 9:4.5 a.m.)
(Bolh parties notified by mailing Ihis date) ks
Notice of Entry of Order filed. dss
Received check 11 1422 from Zachary Coughlin payable 10 District Court for appeal fee.jJ
Page40f4 RJC 201 1-001708
2
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Code
NEVADA COURT SERVICES
475 S. Arlington Suite, 1 A
Reno, Nevada 89501
(775) 348-7560
IN THE JUSTICE COURT OF RENO TOWNSHIP
COUNTY OF WASHOE, STATE OF NEV ADA
MA TT MERLISS, Case No. RJC20 11-00 1708
Plaintiff, Dept. No. 2
vs.
AFFlDA VIT OF DUE DILIGENCE
10 ZACHARY BARKER COUGHLIN;
I I Defendant;
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______________________ 1
STATE OF NEV ADA )
)55.
) COUNTY OF WASHOE
I.
2.
3.
4.
That affiant's name is Joel Durden, of 475 S Arlington Suite 1 A, Reno, Nevada
8950 I who is an Employee of Nevada Court Services.
That affiant is a Process Server who serves process under Nevada Process Servers
License No. 828; over the age of 18 years and not a party to, nor interested in the within action.
That affiant received the following documents on October 19,2011 Subpoena Duces Tecum,
said document is filed in the Justice Court of Reno Township Reno, Nevada County of Washoe
State of Nevada.
That affiant personally attempted to serve ZACHARY BARKER COUGHLIN on October 19,
2011 at approximately 2:29 PM at the address of 121 River Rock St. in the City of Reno,
Nevada Affiant identified that subject was in the home but would not come to the door. Affiant
tried to converse with said subject however subject would not speak to affiant. Affiant left a
business card on the door for the Defendant; again on October 19,2011 at approximately 7:45PM
Affiant again identified that subject was in the home but would not come to the door, subject would
only scratch on the door from inside the home. Affiant called the phone number (775) 338-8118 a
number that was provided for the defendant, the call was answered and immediately hung up. Again
on October 20, 2011 at approximately 7:35AM affiant found his business card still attached to the
door and that the subject was in the home but would not answer to the door, subject would only
scratch once agaill on the door from inside the home. Affiant called the phone number (775) 338-
8118 the call was again answered and ill1meuiately hung up.
Nevada Court
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415 S Suit! 1A 26
Reno, Nevada 89501

Fu; m.343.19n 27
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5.
6.
7.
Affiant on October 20, 20 11 at approximately II :35 AM until 5:40PM sat on the house and watched
access to the property in hopes of catching the defendant leaving. Affiant could see someone
walking around inside however no one entered or left said home during that period. Affiant went
to the door and announced once again. No one opened the door however again there was scratching
from the other side of the door. Affiant called (775) 338-8118 from outside the door. The line was
busy. Affiant departed.
Again on October 21, 2011 at approximately 9: lOAM affiant found his business card was no longer
attached to the door and themail had been removed form the mail box. It appeared once again that
that the subject was in the home but would not answer to the door. Affiant called the phone number
(775) 338-8118 again, the call was answered and again immediately hung up. There was no option
to leave a message. That affiant believes that said defendant is either not available for service or will
not avail himself for service through conventional means.
r JOEL DURDEN, do hereby affirm under penalty of perjury that the assertions of this affidavit
are true.
Further affiant sayeth naught.
Dated this 24,h day of October, 2011

SUBSCRlBED AND SWORN to before
me this 24th , day of October 2011
."JOEL DURDEN # R008867 of
License No. 828
'-' ot
! .... " .... U ..... , .. ............. nH.,., ........... .. .. , . ... " ... " , ... " .... ....... n ... , ..
JEFFERY CHANDLER I
1 . Notary Public - Slale of Nevada i
i RecooIed in Washoe COOIlty I
L ... : ... .. ... .... ..
,

,
"
,
"
Document Code: Em(1)!,cnc} Demand for JUl')' Trial
Zilch Coughlin
('I I r.'l
11 OCT PIH2: IS
;:, 'J V .
BY_ "-..
121 Ri"cr Rock 51.
Reno. NV 89501
Tell.": 775-338-8118
Fax:
Pro fl"r [kli:ndantffl'nllnt/Counu:rcioimam
JUSTICE COURT RENO TOWNSHIP
WASHOE COUNTY. NEVADA
'IA IT MERL1SS. I-ID. : ",M TIlIEW J.
IERUSS LIVING TRUST
PlaimilT.
\S.
.AClIARY BARKER COUGH UN:
Defendant.
)
)
)
)
I
)
)
)
REEN ACTION LAWN SERVICE AND ITS )
WNER NERY R MACALCRUZ: )
ARLENE SIl,\RPE. REALrOR. pcrsonall) )
lind in her as lin cmplo)cc of )
lCKSON REALTY: DICKSON REALTY; )
'V ENERGY PUBLIC UllUTY
ORI'ORA TION: NEVADA COURT
ERVICES: JOEL DURDEN. and
his capac;!) as process server for I."mplo)er:
ocs 1-100.
Real Panics in
Third P:mics Emergenc)
100ion \0 $111). Sel Aside. Vacate EI iClion
lcaring Order
Emergency IXmand for Jury Trial and
Tenant's AffidolitlAnswerl
Counterclaim
Emcr\.:cnC\ Demand for Jur ... Trial and Amended Tenant's Affidal jtlAns'\t'r!C{!unlqc!aim
-) LI Or Z S (
I\-t\VU',
&L C Ct SDc
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Emeruenc ' Demand for .fur Trial and Amended Tenant's Affidavit/Answer/Counterciai
I>OINlS ANt) ;\ UTIIORITllS
len<lnt/ l)cl(:nLiant! Coulltercl:linlant./ach Cougillin. Ilt:rchy liks thi s [Illergency J)em;lI1u Il)l' .Jury
I'riill ,lIld Amended {\I'liLia\it / AI1S\\er ' Clllllllel'clailll . though it is entirely possihle a I)emanu
i'or Jury trial has ;dready heen lileu in this case in the snll1e :SOU ' pages uf pleauings in the COlirt's
rccnru. Thc umlersigneLi i'urthcr liles this Amended Tenant's ;\I'licJavit/Answer/Counterclaim to adcJ
the process server ,loci I)uruen. his cmployer. Ncvada C$Llrt Services. and unl1JmeLi indiviuuals
\\olling ill c()ncert with Durden to tresp'lss. harrass. violate 42 Sec, 1983. make stakl11cnts intenueu
to create confusion as to whether Mr. Durden ct ai's commands arc m;ldc under the color oi' law.
propert y d;'lI11age. leaving gatcs to Ihe hackyard open. ncgligence. intcntion,ll and negligent inlliction
ui'el1lotional di stress (these clailll is auded as to ALL detCndant s). tortious interrercllce with contract.
negligent interICrence \\ith contract. ucl'amntion(these claims are added as to ALL defendants).
NC\',lua Justice Cuurt Rule or-Civil Procedure 59. 60. 62. the rent escrow issue is not --mool"
requesting that this Court Ordcr that Tenant Coughlin \vas not rcquirecJ to put any monies into any
rent escrow account \\ith the eOllrt. lhat any sllch rent escrow deposit should be returned to COllghlin
illllllLdialel y. :lIld th;ltli SUIllIl1,lry hearing pmcess is not appropriute here as an issue Lll ' material
was establi shed hy Coughlin \\ ithin thi s case such tilat lhe sUIl1Il1:1ry process is 110t applicahle, This
fVlotioll i s h,l sed on the pllilltS ;1I1d autllmitics belmv. tile abu\e-rcfercnccd statute and rules 01' civil
procedure. and (III papers :1I1d ple:luings nil tile hereill .
P()IN IS AND
1\ 1 ,\I .YS[S
I clltlnt sllomits ,ll:l!. ull l k'r NC\ 'aLia 1(\\\, tllis CllUrl does nlll h,l\e Ihe authlll'it: to
pl'dCl ' 1<..' 11: 111\ to l kpllsit i n the clllll'l 's relll CSCI \ )\\ (lCCUUllt lII1Ller thesc ci 1'Clllll st,lllces,
St;II<..'S 111:lt .. [ i l'Hll1 the lilillg hy the lL'llilllt lll'lhc :!I'tid;I\'it pel"lllitted in suhsectill\l .\.
regardless ol ' liJ,,' illl'Ollll:llioll Clll1\aillcd ill the ;tlli Li 'l\i!. alld the lilillg by tile 1:llldlord lll ' tlie :lrlid;l\ it
P"lIllilh.' J " : ;; lIhs,,'cli'lJl the court or the distrid cuurt shall hold II
ll'
! 1
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after service of notice of the hearing upon the parties, to determine the
truthfulness and sufficiency of any affidavit or notice provided for in this section.
If the court determines that there is no legal defense as to the alleged unlawful
detainer and the tenant is guilty of an unlawful detainer, the court may issue a
isummary order for removal of the tenant or an order providing for the
nonadmittance of the tenant. If the court determines that there is a lefi!al defense
as to the alleged unlawful detainer, the court shall refuse to grant ... relief, and,
except as otherwise provided 111 this subsection, shall require that any further
proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. lhe issuance
ol'a sUlllll1ury order tor rel110vell of lhe ten,lIlt does not preclude action by the tenant for any
damages or other relief to vvhich the tenant 111;)1' he entitled,"
NRS -IOl5J(fi), ,/Ill/ll, LLC v, (j.L. Dr;]gon.I.LC. 123 .VL'I'. 25,163 1)3l1 (2007). It'the tenant tiles an affidavit.
the lalllilurd must lile an At'lidavit orCompl<lint as descrioed
above. NRS 40,253(5)(a). Then either.iustice cOUli or district cOUI1 will nOlice and hold a hearing,
Justicc Comi SUlllmar), [viction Proccedings are govcrned 01' JCRCP 101-IOS, If tile court finds
there <Ire any legal issues, he or she must refuse to grant relief to either pal1y and require that any
lilliher rroceeLiings oe conducted rmsuant to NRS 40.2()0 tlu'ough 40,420, the unl8wI'ui detainer
,lction, NRS -W.2SJ(6). /Inl'lli, He I'. O.L. Dragon. LLC'. 123 Nev, 2S, 163 P,3d 413 (2007). II'
the Court determines that the tenant is guilty ot'an unlawful detainer, he will issue the sUlllmary
order directing the action by the sherilTor constable described above,
/\ summary eviction order is appealable to District Cmili, Lil'pis v. Peters, 112 Nev. 1008,
921 P.2d 1248, ;\ Illotion to stay enforcement of a summary eviction may oe made under NRS 70.0 I 0(2),
the Justice Court e.xecution statute. Procedure is governed oy JCRCP I 10, It must be
liled oef()re the cOUli issues the summary eviction order. Justice COUli now prepare its own orders.
In connection with the summ8ry eviction hearing, the landlord must file a proofofservice
ot'the notice. NRS -w'253(S)('l)(7). NRS 40,280(3) delines rroot'as:
(a) ;\ stntelllenL signed 0)' the tenant and a witness,
nclmlm\edging that the tenant received the notice on a
srecilied date;
(0);\ certiticate ot'mailing issued 0)' the United States I)ost
Service: or
(c) The endorsement ut'a sheriiT. constable or other rrocess
server SUiting the time and illaimer 01' service.
\Vhere service is by a certilicate ut'll1ailing nr hy the sheritTl)r eOllstaolc, the cOLIlis have not
relluired cOlloboration by a \\,itness rro\ided in NRS I )(a). /\Iso, some courts require n
sillming ol'due diligenee oeltll'C <;ervice c<ln oe estaolished based on posting ancllllailing,
. \. Justice Coul'! lll' Smith Ip., I ()l)5, 1).2d I I O,IN I. 'Wood v. Sakway, Inc .. 121 Nev.
729, 121 P.Jd I ()2h, 1029 eOo')) (quoting
NI{(I) Sh(c)).
I\ nvlIi raised a !eQ;11 deknse as to the unlawl'ul detainer
iNI{SW.2S3({J) that alkr;1 hearing "to (Ietermine Ihe tl'utlll'uilless allJ sulliciency ul'
Ilhe ;1I'lida\ its ,lIld notices Ii led, "Ullll1l;II'Y e\ictiun \\ill oe granted II i Il'the cuurt Jetenlline"
th;lt there is no Ieg;1l ddellse." alld the tenant isgllilty Ur,lIlUn\a\\l'lIl detainer.-- On arre,Il,
:\11\ ui cPlltends that the court CITed in ",1'aIHing e\iclilln hec<luse it r:lised <l
le",alllcll:llse III its ;Illegellllllla\\ l'lIllle!<linel' :lIlll th:lt I)ragllil is rCljuired 10 rllllu\\ lile [)rocCll-
uI'es set I'urlll ill NI{S -l()2
l
)() to We :lgree and cOllclude thai the district cnun eITO-
,
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Ilcously ItlUnd ill Dragon's favor It)lIowing tilc ilearing on Dragon's articJavit 01" complaint lor
sUllllllary cviction,
1311411511()I"Conslruclilln LOlltracluallnlll is a qucstion of law,"
I'N2 \\hicil \\c rc-
vic\\ de novo,
11\ illlcrpl'clillg;\ 'thc court sl1:111 cl'lCclU<lll:: II\c illtcllt ul'lhc
\\ Ilich Illay Ik' liclcrmincd ill ligilt ol'tile surrllllilding il' Ilut clear l'rol11
tile itscll,' ..
I: N4 t\ contract is al11higuous \\hen it is subject to more rl1anl)ne rC,ISOIl-
,Ible il1terprct'ltiull.
I ' N:') ;\lly 11l11rC\lvcr. :"21 () should be construed ag;linst tile
drancr.
,'N() The p;lrties' il1tcnrillns reg;miing [I contractual provision present a quesrion of fact.
"N7, Ncv,.2007,
t\nvui. LLC v, (i,I., [)nlgol1. LI,C
123 Nev, 212.163 1',3d 40)
RULE ,59. NEW TRIALS: AMENDMENT OF JU[}GMENTS
(ll) Grounds. A ncw tri,i/ may lw gr;lnted to all or any orthe parties a 11(1 on all or part orthe issues f()r any orthe
lollowillg or grounds IIl;llcri;tlly alTcctillg tile substantial rigilts of an aggl'ievcd party: (I) IITcgularity in lilc
proceedings or tile court. ,iury, ll1aster. or adverse party. or any order of tile court. or master, or abuse of discretion by
which eitiler party 1\,;1S prcvented 1'1'0111 having" fair trial: Misconduct orthe ,iury or prevailing party: (3) Accident or
surprise which ordinal': prudence could not have guarded against: (4) Newly discovered evidence material for the party
making the motion wliich the p<lrty could not, with I'easonable diligence. have discovered and produced at the trial: (5)
Mallilest disregal'd by the' ,iury ot"the instructions of the court; (6) Excessive damages appearing to have been given under
the inlluence of IJassion or pre,iudice; or. (7) Error in law occurring at the trial alld llb.iected to by the party making the
motion, On a motion I'm a l1ew trial in an action tried with()ut a jury, the court may open the judgment if one has been
entered. takc additillnaliestilllony, amel1d lil1dil1gs pI' l"act Hild conclusiolls of law or makc new findings and conclusions.
;1/ld dircct the cntry PI' a new judgmcllt.
(h) Time for Motion. t\ motion fl)J" ilncw trial shall be filed 110 later than 10 days after scrvice of written notice of the
elltry 01" the ,iudglllelll.
(e) Time for Serving Affidavits. When a motion tllr IICW trial is based upon they shall be filed with the Illotion,
Thc opposing pHI't) has 10 days <llkr service within which to lile opposing aflidavits. which period may be extended ("or
an ildditionallJCl'iod 1I0t exceedillg 20 days eitht'l" by tlic court lor good cause shown or by the parties by written
stipulation, lhe LOUrt 111<1y pel"lllit repl: aniciavits,
(d) On Court's Initiati\c; Notice; Specifying Grounds. No l;tter tll<111 10 d;l)s aner el1\l"y ot"judglllel1tthe court, 011 it s
l)IVII, may lll'dn a IICW trial luI' <Illy re;tSoll th<1t lI'ould justify gl'<ll1ling one 011 a party ' s Illotion, After giving the parties
n(lticc alld an nppllr\lInit ) to be he;lrd. the comt lIlay gran I a tilllel), Illotillil tll!' it lIew trial tllr a reasoll not stated ill the
Illotion , Whcn gr;1I1ting a nclV Irialoll it s OWII initiative or for;t re,ISllll lIot st,lled in ,I J11otion, Ihe COlirt shall spec it)' the
grlllillds ill its unJcl',
(c) :vIotion 10 Afler or Amenu a .Judgment. A l110tiun tn allcl' or <lrllcnLi the juclglllcnt ,hall hc liled no later than I () clays
;tIki' ,el'vicl' (ll' Ilritiell IHllicc Ll!'l'llIr) lll'thcjudglllcnt.
lA, ;lIlll'lllbl: l'llecll\e Ju'" I, 2(J()), I
IWI.I hi), RI.I III I ROil! 1I!1)(,1\.11 N I UR Iml)l ,R
(a) C'lcl' ic,illlli 'i d" C, l ' !'llel, 1I111ilier p.lllS nl'llle rU:lllll ,1I1L1 elTors tilcrein <lI'ising. I'lom
(ilni il1l1 111 <1) he CllITcLled h\ l ile court , II lime (II' ii' IJlIII illlti ,ltilc ,Ir (III the IlwtiulI 01':111)' P,II 'ty alld
,d:tCI uch IIPti cl', il' " , I ill' Cl un llrdcr" During Ihe ['llllicIICI (1i ';111 ;iPI ' c;11. ,uch Illist<1kl's lila: he so correClcd "dill'c
thl' ,lppe;t! i s d(lc"cll"d ill Ihe: ;lppclLltc CUllrt, ,1Ild thl' l -: a;Il' r II hik Ill,,' ,lpl1l\1I i, ilia) hc '0 ((lITl' ctccI 1\ ith kavc lli"
Ihe "PPl':I. 11C Ullin.
1 (b) Mistakes; Illauver-tellee; E.xcusable Newly Discovereu biucnce; FnlUu, Etc. On Inotion and upon such
tcrills ilS <Ire ,jllSt. the cOllrt Ill<ly rclil'\l" a party or p,lrty 's legal rqxt:sclltillive fmlll a tlnal ,jlldgmcnt. order, ur proceeding
for thc fnll()wing I'easons: (I) Inistake, inadvertence. slirprisc. or e\clIsable neglect: (::2) newly discovered t:vidence which
11\ dllc diligl'ncc Cllllid Illlth,l\C becil discovcrcd intillle to IllOVC fOI' a IIC\V tri<lllllHkl' KlIle :i9(b): (3) fralld (\\hcther
IICI'Cllll'OI'e dellulllin,ltcd intl'illsic Ill' l"\trinsic), lllisl'cprescntatillil or otllCl'llliscondLict ol'an advcrsc party: (-I) the
jlld",lllclli is \old, UI', ()) !lic .Il1Liglllc'lllh,\'o bCl"n sdtisllcd, I'cledsed, 01' lilscharged, nr a f)rior jlldglllCIH lIpon \\hich it is
I)<lscd llas bccn n:\cl'sl'd or othcl'wist' v'lc'lted. 01' it is no klllgl'r cqllitable th,1I an injllilction sholiid havt: prospcctivt:
"pplicatioll, I'llc 1ll0tiollsll,,11 bt: Illade within;1 rc,lsoll,lble tinle, and for re,lsons (I). (::2). and (J) not more th;1Il 6 months
,lIkl' the Ilrllcccding \\,h tdken or the date that writtcn notice or cntry of thc jlldgmcnt or order was servcd, ;\ IllOtillll
lInder this slIbdivision (b) docs not arfect the linality ofajlld",nlent or slispend its operation, Ihis rlile docs not limit the
pu\\er ofa cnlln to cntcrt:lin ,In indcpendent ilctiun to I'elie\'c a pan) from ajlldgmcnt. llrder. or proceeding. or to set
,Iside <ljllLignlelli I(ll' fr;llId L1pOll the COllI1, Writs of coram nobis, coralll vobis. <llIdita qllerela. and bills of review and bills
in the natllrc Ofd bill ofrcvicw. arc abolished, and thc proccdllre I(ll' ubtaining allY relie!' from aJudgment shall bc by
motion as prcsCI"ibed in these rliles or by illl independent action,
10
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(c) Derault .Judgments: Defendant Not Personally Serveu. When a jllligment sllall Ilavt: been taken against any
pany who \\as lIut pcrsolldlly sel'ved \\ith SUlllmons ,1Ild cOlllplaint. either in the St<lte of Nevada or in any other
jurisdiction, and wllo lias IlOt clltered a gClleral appearallce ill tile action. tht: COlll1, aller notice to the adverse party. upon
motion made with in 6 Illonths al"ter the date of service 01" written notice of entry of slich judgment, may vacate slich
jlldgmcnt and allo\v the party or the party's legal rcpresentatives to ,1Ils\\er to the Illerits of the original action, Wilen.
IH1\\Cver. a party h,IS been personally served with slimmons and complaint. either in the State of Nevada or in any other
jllrisdictioll. the party must Illake appliciltion to be relieved frUlll a delaliit. a judgnlent. an order, or other proceeding
t<lkell <lgaillst the p<lrt), or flll' permission to IIIe an ill aceurdance with the provisions of subdivision (b) of this
rllle,
(u) Default .Judgments: Modification Nunc Pro Tunc. Whl'never a default judgment or dt:cree has been entered. the
part) or parties in tllerein Illay at any time thereal'ter. lIpon writtt:n consent ol'the party or panics in whose 1(!Vor
jlldgment or decree has been entered. enter general appear,lIlee in the action. and the general appearance so entered shall
have the same force and erfect as if entered at the proper tillle prior to tile rendition of the jlldgment or decree, On such
appearance being entered the cOllrt may Illake and enter a Illodilled judgment or decree to tile extent only ol'showing sllch
general appearance on the part of the party or parties in defalllt, and it shall be elltered nllnc pro tllnc as ol'the date of the
origillaijudgillentur dccrce; provided. however. that nothing herein contained shall prevent the COlirt from modifying
slich jlldgmellt or deCl"et: as stipulated and agreed in writing by tile parties to sud action. and in accordance with the terms
ur sllch \\Titten stiplilatioll and .Igrecmenl.
IWI,F (l I. 11;\IUvll I.SS U{ROR
No crror in cithcl' the admission or the e\clllsionofcvidl'nce and IlO errnr or dclCct ill any ruling or ordcr or in anything
dUllc or onlitted 11) thc C(lUrt or by lll'tht: p.lrtics is grolilld 1'01' granting a ne\\' tri,d or I'or scttillg a verdict or Illr
v<lcatillC'., mndih or llthen\ ,I 01" ol'dcr. lInles'> rcl'lIsalto take sllch ,Ictioll appcars to the COlirt
\Vitil ju>tice, rhe at stagc ol'thc procccding IllUSt disregard any t:rrur ur dckct in the
prllcec"lling \\hicll duc's Illlt ,llkct thc SlIb"dntial rights ol'the p,lnic's,
IWI.I: (l::2, S 1,\ Y UI I'IWCrIJ)IN(iS TO LNIOI{Ct: 1\ .Il11)(iiVll'< I
(a) Automatic Slay. I.\cc'pt il.S ,t<ltcd ilcrelll, nl! C\c'clltiull ,lldll lIpOIl ".Il1d8111cnt lIlli' shall PI'Llcccdings bc tClkcn 1(lr
its CllIlllCt:IllClltIl11lilthc' c\pil',lIion oj' 10 ancT sc"I'\ice ol'\\riIlCII notice ol'its entry,
(11) Stal 011 I\lotion for Trial or for ,JUtlgllll"lll. III its discrctillil illld Oil such cunLiitiolb I'or thc ul'the
pdrl> dS ,liT 1)I'upc'r. thc COlirt Illay st.1Y tllC l'\eclitioll 01'0\" illl: pl"(lceedings to cnl'orcc ajudgnlent pending thl'
dispositiullul'" Illlillllll I'lll' d IIC\\ triill ()I' tu allCl' llr illllc'lld djudglllcllllll(\,1e Illlrslldilt to 1{1I1e 01' ui"'llllOtillll l'lH'I'clll'l'
I'mln ajllcigllll'llillI' 1l1'L1cl'millk r)lIl'Sll,lI11t(1 RlIle (JO, UI' lll:l Illlltillll j',H'judglllcnt In <lcClnd"llce \\ith" Illotioll i"or a
jllLignlc'l1i ,IS iI IlldtlCl' 01' liI\\ 1Iliide 11lIrslldllltl! Rille ill' lll'" Illlltlllll lUI' illllc'llcllllClll tlltlle IIIlLilllgs or Itll' il,lliitiolldl
I'incilllgo; 111.HIe l)lIl<;lI'lIlt to [{lIie 52th)
"j
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(til Stay Upon Appcal. Whell all appeal lal..en lh...: app...:llanl by giving a SUpl'l'sl'lkas bOIllJ Illay obtain a stay, Ihe bonu
Illay bc gilcil lhe lilllC oj' lilillg th...: not icc LlI"lppeal. I ill' ,t<ly is cl'i'CClivc IIhclI lilc SlIP"':I'sclie;ls bOllu is lileu,
(e) Stay in Favllr of thc State or Agcncy Thercof. WhclI ;Ippcal is lal..cll b) thc State or b) ,Ill) CUllnl) , city 01' tOlVll
lIilllill tilc Statc, or ,Ill oj'liccl' llI' agcllcy thcl'coj'allu thc oper,llioll UI' cnj'orcelllcilt ol'thc ,jlldgmcllt i, slayed, 110 bOlld,
or ulilcl' scclll'it\' shall bc I'cqllircd j'rom till' arpellallt.
(I') Rescnrd,
(g) Powcr or .. \ppcllatl' Court Not Limited, I'he jlmvisiulls ill lhis I'll Ie UOIlOt lilllit ;IIlY rOWCI' oj'all appcllate court or 01'
;ljllLigL' ol'llisticc Illcrcuj'l(l st;IY prucccdillgs lilirillg the pCIH\cncy 01',111 arpe,1I 01' to StlSPCIlU, mudil)', n:slorc, 01' grallt an
ill.lUllClioll durillg thc PCllLicIlC) ul' <III appeal ()[' tOlllal..c (111) urdcr apprupl'i;ltc tLl prcservc thc status quo or the
clkctivellcss oj' thejuugm...:nt slIbs...:yuelltly to b...: cllter...:u,
(h) Stay of ,Judgmellt as to Multiplc Claims or Multiple PlHties. When a COlirt has ordcred a tillal judgmellt ullu...:r th...:
cOlld itiuns st,lIcd ill R L11...: 5..\( b), lh...: cOlin lIlay stay cnlllrCl'lIlent oj' that.i lIdglllent lint i I til...: cntering or a subscqu...:nt
ol'jllcigillcilts alld IllZl) rrcscl'ih...: slIcll cOllditions as arc n...:cessary to s...:curc thc bCIIl'lit thereof 10 thc party in
whosc tavor lile jlldglllent is entered,
fAs <lmcnd...:d: ctr...:ctive JLlly I,
CONC[,l/SION
I'emlllt Coughlin herehy respeetl'ully requests the Order AI'tcr Summary [vietiml I-karing
of Octo her 20 I I he Vacated. Set Asidc. Stayed or otherwise modi lied to eontorm with the
existing la\\/ cited herein. that no rent escrow amount be required deposited by Coughlin, and that this
court grant this Motion to Continue in Possession, Stay eviction and other relief herein requested,
AFFI RMATfON I)ursuant to N RS 239[3,030
The undersigned docs hereby aniI'm that Ihe preceding document docs not contain
the social security number of any person,
DATED this 24th day ot'Octoher. 2011
tenant
"
PROOF or
I. lach Coughlin.
On Octuber Ir'. 2011.1. i'v11'. I,leil Coughlin the 1()rcgoingdem<1nd I'or,iury trial
,1I1lended kn<lnt's counterclaim elc. by emailing and I:lxing (or making reasonable attempts to
,lscertain the parties el11ails and raxes and have the parties served pursuant to the granted In F't>rma
Pauperis Petition) a trul' copy thereof to:
Rielwru (j . llill. Lsq.
Casey I). l3aker. bLJ.
652 Forest Street
Reno. N V 8
l
)50
l
)
cd h,\ kc r il'Ti c h'lI'll hill \\ . ell m
lO rhillurich:mlhill:.l\\.clllll
Matt Merl iss phone Ilumber is: cell 530521 6639 or home 530 893 9343
11 ;\ttorneys j'lH Matthew Merliss
I \
1<;
/1)
) 1
, ,
Darlene Sharpe. CRS, CPDE. SRES. ePro and
Dickson Realty
g825 Silver I)uv"n Ct.
Reno. NY 89506
dshar[?e II dicbnnrca It \ .C(lill
stars(e/l so Ikolll.net
Tel: (775) g50-7000
Office: (775)850-3147
Cell: (775) 338-4102
I:ax: (775 )850-701 I
Green Action l .awIl Scnice-
2551 Wol r Creek I)r.
Renn. N V 89523
(NO'I r:: this Ilumber is not \\orking)
I)AILD TillS 24111 or OCTO[31-:R. 201 I 13Y:
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LAW OFFICE
RICHARD G HILL
/
1
r - I I
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEY D. BAKER, ESQ.
3 State Bar No. 9504
I : '.
11 OCT 2!.j n', I
: 0 I
RICHARD G. HILL, CHARTERED
4 652 Forest Street
r.-
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10
11
12
13
14
15
16
Attorney for Plaintiff
MA IT MERLISS;
v.
)
) Case No.: REV2011-001708
Plaintiff, )
)
)
Dept. No. 2
)
ZACHARY BARKER COUGHLIN; )
)
Defendant. )
)
SUBPOENA DUCES TECUM RE HEARING
17 TO: THE STATE OF NEVADA SENDS GREETINGS TO:
18
19
20
21
22
23
24
25
26
27
NV Energy
6100 Neil Road, #100
Reno, Nevada 89511
WE COMMAND YOU, that all and singular, business and excuses being set aside,
you appear and attend before a notary public, or some other officer authorized by law to
administer oaths, at the Justice Court of Reno Township, Department 2, One South Sierra
Street, Reno, Nevada, 89501, on Tuesday, the 25th day of October, 2011 at 9A5 a.m., then
and there to testify on the part of plaintiff, MA IT MERLISS.
The witness \ViII bring any and all documents necessary or convenient to testify fully
about all topics delineated on EXHIBIT 1, attached hereto. Some specific documents are
identified on EXIlJ BIT I for production at the hearing.
28 Failure by any person without adequate excuse to obey a Subpoena sen'ed upon that
, )48 J 88
1 " ,II:;" }18 OH58
gr 1
LAW OFFICE
RICHARD G HILL
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
2011 OCT 2
l
, P ~ \; 09
,f
i\...
6
7
8
9
10 MArl'MERLISS;
11 Plaintiff,
12 v.
14 Defendant.
)
)
)
)
)
)
)
)
)
-----------------------------)
15
Case No.: REV2011-001708
Dept. No. 2
16 CERTIFICATE OF SERVICE
17 Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
18 HI LL, CHARTERED, and that on the 20th day of October, 2011, I deposited in the United
19 States mail at Reno, Nevada, in a sealed envelope, postage prepaid, true and correct copies
20 of the Motion for Order Requiring Inspection of Real Property Pursuant to
21 NJCRCP 34, the Ex Parte Motion for Order Shortening Time, and the Request
22 for Submission of Ex Parte Motion for Order Shortening Time, all file-stamped
23 October 18, 2011, to:
24
25
26
27
Zach Coughlin, Esq.
121 Ri\'er lZock Street
Reno, Nevada 89501
POOl OHlCo 00> 255\ 28
neno. N da 89505
III
I II
(175) :JAS 0868
f " , ( lf51 3-18 oeM
LAW OFFICE
RICHARD G. Hill
1 AFFIRl'VlATION Pursuant to NRS 239B.030
2 The undersigned does hereby affirm that the preceding document does not
3 contain the social security number of any person.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
DATED this Za of October, 2011
o
28
. ,' I 3"11 0666
I "II ",6 (1858
kn
LAW OFFICE
RICHARO G. HILL
1
RlCHARD G. HILL, ESQ.
2 State Bar No. 596
RlCHARD G. HILL, CHARTERED
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
COUN1Y OF WASHOE, STATE OF NEVADA
10 MATT MERLISS;
11 Plaintiff,
12 v.
14 Defendant.
)
)
)
)
)
)
)
)
)
--------------------------)
15
Case No.: REV2011-001708
Dept. No. 2
16 SUBPOENA DUCES TECUM RE HEARING
17 TO: THE STATE OF NEVADA SENDS GREETINGS TO:
18 Zachary Coughlin
121 River Rock Street
19 Reno, Nevada 89503
20 WE COMMAND YOU, that all and singular, business and excuses being set aside,
21
22
23
24
25
26
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you appear and attend before a notary public, or some other officer authorized by law to
administer oaths, at the Justice Court of Reno To\vTlship, Department 2, One South Sierra
Street , Reno, Nevada, 89501, on Tuesday, the 25th day of October, 2011 at 9A5 a.m., then
and there to testify on the part of plaintiff Landlord, MATT M ERLISS.
The witness will bring any and all documents necessary or convenient to testify fullY
about <ill topics delineated on EXHIBIT 1, attached hereto. Some specific documents are
identified on EXHIBIT 1 for production at the hearing.
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348 68
F )48 0858
LAW OFFICE
RICHARD G. Hill
1 Failure by any person without adequate excuse to obey a Subpoena served upon that
2 person may be deemed in contempt of the Court from which the Subpoena is issued.
3 [Nevada Rules of Civil Procedure Rule 4s(e).]
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5 DATED this 1'8 day of October, 2011.
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LAW OFFICE
RICHARD G. HILL
POSI Of1IC8 8 0x 25b 1
28 Reno. Ne,ada 89505
i 7 ~ 14808118
I ",,(775) 148 0858
(
RULE 45, NEVADA RULES OF CIVIL PROCEDURE, PARTS C & D
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENA.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take
reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the
party or attorney in breach of this duty an appropriate sanction, which may include, but is not
limited to, lost earnings and a reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated
books, papers, document or tangible things, or inspection of premises need not appear in person
at the place of production or inspection unless commanded to appear for deposition, hearing or
trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and
permit copying may, within 14 days after service ofthe subpoena or before the time within 14 days
after service of the subpoena or before the time specified for compliance if such time is less than
14 days after service, serve upon the party or attorney designated in the subpoena written objection
to inspection or copying of any or all of the designated materials r of the premises. If objection is
made, the party serving the subpoena shall not be entitled to inspect or copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued.
If objection has been made, the party serving the subpoena may, upon notice to the person
commanded to produce, move at any time for an order to compel production. Such an order to
compel production shall protect any person who is not a party or an officer of a party from
significant expense resulting from the inspection and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify
the subpoena if it
(i) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an officer of a party to travel to a
place more than 100 miles from the place where that person resides, is employed or regularly
transacts business in person, except that such a person may in order to attend trial be commanded
to travel from any such place within the state in which the trial is held, or
(iii) requires disclosure of privileged or other protected matter and
no exception or waiver applies, or
(v) subjects a person to undue burden.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or
information no describing specific events or occurrences in dispute and resulting from
the expert's study made not at the request of any party, the court may, to protect a
person subject to or affected by the subpoena, quash or modify the subpoena or, if the
party in whose behalf the subpoena is issued shows a substantial need for the testimony
or material that cannot be otherwise met without undue hardship and assures that the
person to whom the subpoena is addressed will be reasonably compensated, the court
may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.
(I) A person responding to a subpoena to produce documents shall produce them as
they are kept in the usual course of business or shall organize and label them to correspond with
the categories in demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged
or subject to protection as trial preparation materials, the claim shall be made expressly and shall
be supported by a description or the nature of the documents, communications, or things no
produced that is sufficient to enable the demanding party to contest the claims.
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3
THE JUSTICE COURT OF RENO TOWNSHIP
AFFIRMATION
4 Pursuant to NRS 2398.030
5 The undersigned does hereby affirm that the following, ______ _
6 Subpoena Duces Tecum re Hearing and Affidavit of Due Diligence
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8 (Title of Document)
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Fi led in Re no Justice Co u rt case n u m be 2::,:0::...:1:...:1:.---=-0-=-0-=-1 0::..:8=----_________ _
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[QJ Document does not contain the social security number of any person
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-OR-
13 D Document contains the social security number of a person as required by:
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Date:
Aff,wlat.en
D A specific state or federal law, to wit:
(State specific state or federal law)
-or-
D For the administration of a public program
-or-
D For an application for a federal or state grant
October 24, 2011
Casey D. Baker, Esq.
(Print Name)
Matthew Merliss, plaintiff
(Attorney for)
Rel/ ,sed Janua,), 2 007
EXHIBIT 1
EXHIBIT 1
LAW OFFICE
UCHARD G. HILL
1 EXHIBIT "I"
2 YOU ARE FURTHER COMMANDED to bring with you at the above stated time
3 and place the follmving documents [NOTE: by the term "documents", plaintiffs mean all
4 written, recorded, or graphic matters, however produced or reproduced, of every kind and
5 description, \vithout limitation or reservation, pertaining in any way to the subject matter
6 of this action. The term "documents" shall include, but is not limited to, any books,
7 pamphlets, periodicals, memoranda (including those of telephone and oral conversations),
8 contracts, correspondence, agreements, applications, financial records, security
9 instruments, disbursements, checks, bank statements, time records, accounting or financial
10 records, notes, diaries, logs, telegrams or cables prepared, drafted, received, or sent, tapes,
11 transcripts, recordings, minutes of meetings, directives, work papers, charts, dra\vings,
12 prints, flow sheets, photographs (including the negatives for the entire roll from which the
13 photographs were printed), film, computer printouts, medical and hospital records and
14 reports, x-ray photographs, advertisements, catalogs, or any handwritten recorded,
15 transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced,
16 in your possession, custody, or Control or to which you have or have had access, \vithout
17 1imitation or reservation. This includes any documents kept in any electronic or similar
18 media.]:
19 1. Any and all video, audio, and photographic recordings made at or around 2:00
20 p.m. on October 4, 2011, which was the time set for the inspection of the residence at 121
21 River Rock Street, Reno, Nevada.
22 2. Any cameras or other equipment necessary to play the referenced video, audio,
23 and photographic recordings for the Court at the hearing.
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17 !513-18 0888
Fd.1 775) 3A8-1)858
-IBIT 2
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Code
475 S. Arlington Suite, 1 A
Reno, Nevada 89501
(775) 348-7560
COUNTY OF WASHOE, STATE OF NEV ADA
MA TT MERLISS, Case No. RJC20 11-00 1708
Plaintiff, Dept. No. 2
vs.
AFFlDA VIT OF DUE DILIGENCE
I I Defendant;
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______________________ 1
STATE OF NEV ADA )
)55.
) COUNTY OF WASHOE
I.
2.
3.
4.
That affiant's name is Joel Durden, of 475 S Arlington Suite 1 A, Reno, Nevada
8950 I who is an Employee of Nevada Court Services.
That affiant is a Process Server who serves process under Nevada Process Servers
License No. 828; over the age of 18 years and not a party to, nor interested in the within action.
That affiant received the following documents on October 19,2011 Subpoena Duces Tecum,
said document is filed in the Justice Court of Reno Township Reno, Nevada County of Washoe
State of Nevada.
That affiant personally attempted to serve ZACHARY BARKER COUGHLIN on October 19,
2011 at approximately 2:29 PM at the address of 121 River Rock St. in the City of Reno,
Nevada Affiant identified that subject was in the home but would not come to the door. Affiant
tried to converse with said subject however subject would not speak to affiant. Affiant left a
business card on the door for the Defendant; again on October 19,2011 at approximately 7:45PM
Affiant again identified that subject was in the home but would not come to the door, subject would
only scratch on the door from inside the home. Affiant called the phone number (775) 338-8118 a
number that was provided for the defendant, the call was answered and immediately hung up. Again
on October 20, 2011 at approximately 7:35AM affiant found his business card still attached to the
door and that the subject was in the home but would not answer to the door, subject would only
scratch once agaill on the door from inside the home. Affiant called the phone number (775) 338-
8118 the call was again answered and ill1meuiately hung up.
Nevada Court SMice!
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415 S Suit! 1A 26
Reno, Nevada 89501

Fu; m.348.19n 27
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5.
6.
7.
Affiant on October 20, 20 11 at approximately II :35 AM until 5:40PM sat on the house and watched
access to the property in hopes of catching the defendant leaving. Affiant could see someone
walking around inside however no one entered or left said home during that period. Affiant went
to the door and announced once again. No one opened the door however again there was scratching
from the other side of the door. Affiant called (775) 338-8118 from outside the door. The line was
busy. Affiant departed.
Again on October 21, 2011 at approximately 9: lOAM affiant found his business card was no longer
attached to the door and themail had been removed form the mail box. It appeared once again that
that the subject was in the home but would not answer to the door. Affiant called the phone number
(775) 338-8118 again, the call was answered and again immediately hung up. There was no option
to leave a message. That affiant believes that said defendant is either not available for service or will
not avail himself for service through conventional means.
r JOEL DURDEN, do hereby affirm under penalty of perjury that the assertions of this affidavit
are true.
Further affiant sayeth naught.
Dated this 24,h day of October, 2011
SUBSCRIBED AND SWORN to before
me this 24th , day of October 2011
."JOEL DURDEN # R008867 of
License No. 828
'-' ot
!"." .... U .. ... , .. ............. n H.,., ............ .. .. , . ... " ... " , ... " .... " .... n ... , ..
JEFFERY CHANDLER f
1 . Notary Public - Slale of Nevada i
i NJpotrrtment RecooIed in Washoe Coonty I
L ... : ... ..... .... ..
\
WASHOE COUNTY, STATE OF
" . -"" .. _ /
EVICTION DECISION AND Pl1 5: 18
3017 No Cause :il"
(1'./
. 1_ .. _ _ . '
Courtroom: B
Clerk: JJONAS
Date: OCTO B12R 15;:ZUrY--T i me: 10:00 A.M.
MATTHEW MERLISS Landlord
P [3J NP D
Landlord
PDNPD
Represented by: CASEY BAKER, ESQ.
Judge: SFERRAZZA
Vs.
Case Number: REV 2011-001708
Department: 2
ZACHARY COUGHLIN Tenant
[3J Hearing Held.
D Continued To:
D No Appearance
P [3J NP D
Tenant
PDNPD
Represented by:
D Under submission.
D Other.
DECISION: Landlord has met his burden of proof. EVICTION GRANTED effective October 31, 20 II at
5:00 pm. Landlord may in 48 hours from today, inspect the property. Order to be submitted to the court by
noon on Thursday.
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 suffice as appeal bond.
Court tinds that there is no Defense of retaliation by the landlord. Tenant's Verbal Motion to Stay. Denied.
Plainti ffs I st Witness: Denise Tsuda, NV Energy - represented by Brandon Barkhuff. Esq. (D)
Plaintiffs 2nd Witness: Matthew Merliss (D) (C)
Defend,mt's 1 st Witness: Zachary Coughlin (D) (C)
Defendant's 2nd Witness: Matthew Merliss (D) (C) (RO)
Plaintiff's Exhibits: A.B,C,D,E,F,G,H,I marked - A - I admitted.
Ddendant's Exhibits: 1,2,J,4.5.6,7.8,9 marked - I - 9
\
" . -"" .. _ /
3017 No Cause :il"
(1'./
. 1_ .. _ _ . '
Courtroom: B
Clerk: JJONAS
Date: OCTO B12R 15;:ZUrY--T i me: 10:00 A.M.
P [3J NP D
Landlord
PDNPD
Judge: SFERRAZZA
Vs.
Department: 2
[3J Hearing Held.
D Continued To:
D No Appearance
P [3J NP D
Tenant
PDNPD
Represented by:
D Under submission.
D Other.
noon on Thursday.
IN THE JU CE COURT OF REN OWNSHIP
COUNTY OF Wi\Sf-IOE, STATE OF NEVADA
,
I
" r,
- 1- 1-1i----
\ 11 OCT 26 '111: 13
Case No. REV Zc:-/) -- (:i c) ;' 70 1\
Lanu lord, Dept. No. 2--.
Vs.
ASIDE
y
Tenant. '( \ V\v he) c' > \../ I
-L I L (L : -'r f"\
CUllles 1l01V. - - ''- L ' L ' ... ( \ IJ , Tenant above-named and hereby moves the Cdurt to set aside the evictioll
)
! _' f L- dayof U
c
L ,20 . This l'vIotion iSllladeand
co
order eillcred herein on the
ba::.ed 011 lile pleadings on file herein. Additionally, the following grounds exist for gr'Y)ting the . V
I. That I was never served with the notice ofeviction,_- L ....... )), +r ev---\. \ ( v y- ...
..., That I failed to appear and [hat failur,e was caused by mistake, surprise or
-.. [/ \l -J crt l.
TI]is MOlIOI] is made in good faith and not for purposes of ..... '7
E",ecuted this :' (. {\.- ..... day of a (deAf ".- , 20
._:-\ ------1:------.
. , - )

Ille Clerk Ll r the Cout1 set a I]cari Ilg on thc iVlot ion on the Ilc:xt j ud ic ial day and d i rcet thc part 10
:lppe:lr.
TIIC ;\1111ILlIl is LicnicJ.
Datcd this
,

,
"
,
"
Document Code: Em(1)!,cnc} Demand for JUl')' Trial
Zilch Coughlin
('I I r.'l
11 OCT PIH2: IS
;:, 'J V .
BY_ "-..
121 Ri"cr Rock 51.
Reno. NV 89501
Tell.": 775-338-8118
Fax:
Pro fl"r [kli:ndantffl'nllnt/Counu:rcioimam
WASHOE COUNTY. NEVADA
'IA IT MERL1SS. I-ID. : ",M TIlIEW J.
IERUSS LIVING TRUST
PlaimilT.
\S.
.AClIARY BARKER COUGH UN:
Defendant.
)
)
)
)
I
)
)
)
REEN ACTION LAWN SERVICE AND ITS )
WNER NERY R MACALCRUZ: )
ARLENE SIl,\RPE. REALrOR. pcrsonall) )
lind in her as lin cmplo)cc of )
lCKSON REALTY: DICKSON REALTY; )
'V ENERGY PUBLIC UllUTY
ORI'ORA TION: NEVADA COURT
ERVICES: JOEL DURDEN. and
his capac;!) as process server for I."mplo)er:
ocs 1-100.
Real Panics in
Third P:mics Emergenc)
100ion \0 $111). Sel Aside. Vacate EI iClion
lcaring Order
Emergency IXmand for Jury Trial and
Tenant's AffidolitlAnswerl
Counterclaim
Emcr\.:cnC\ Demand for Jur ... Trial and Amended Tenant's Affidal jtlAns'\t'r!C{!unlqc!aim
gr
LAW OFFICE
RICHARD G. HILL
1
2 State Bar No. 596
RICHA.RD G. HILL, CHARTERED
4 652 Street
Reno, Nevada 89509
5 (775) 348-0888
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ZO! I 27 Pil 4: 42
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10 MATT MERLISS; )
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11 Plaintiff/landlord, )
Case No.: REV2011-001708
Dept. No. 2 )
12 v. )
)
13 ZACH.'\RY BARKER COUGHLIN; )
)
14 Defendant/tenant. )
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FINDINGS OF FACf, CONCLUSIONS OF LAW,
AND ORDER FOR SUMMARY EVICfION
This matter having come on regularly for an evidentiary hearing pursuant to
NRS 40.254 and NRS 40.253(6) on October 13, 2011, and continued on October 25,2011,
before the Honorable Peter J. Sferrazza, sitting without ajury; the plaintiff/landlord, Matt
Merlis:; ("Merliss"), having been present, and represented by counsel, Richard G. Hill,
Chartered and Casey D. Baker, Esq., and defendant/tenant, Zachary Barker Coughlin, Esq.
("Coughlin"), having been present and having proceeded in proper person; the parties
having offered evidence, called witnesses and having offered argument; the matter having
been s'.lbmitted to the Court for a decision; the Court being fully informed in the premises
and g'."od cause appearing therefor; the Court herevvith enters its findings of fact,
concle:.;ions of law and order for summary eviction:
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(77 ; l 341H)888
"' '' St 48 0858
LAW OFFICE
RICHARD G. HILL
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1715 J 348-<)888
F .... I>75, 348-<)858
FINDINGS OF FACT
The Court finds the following facts:
1. Merliss is the owner of the real property located at 121 River Rock, Reno,
Nevada (the "Property").
2. The tenancy at issue commenced on March 1, 2010, and was for a term of 12
months.
3. The rental agreement terminated by its terms on February 28, 2011.
Thereafter, Coughlin became a month to month tenant pursuant to NRS 118AA70 and
paragraph 3 of the parties' rental agreement.
4. Coughlin became subject to the provisions of NRS 40.251 to 40.2516,
inclusive, at the end of the stated term of the rental agreement, whereupon he became a
monthto-month tenant, as noted above.
5. On August 22, 2011, Merliss properly and lav'lfully terminated Coughlin's
month-to-month tenancy pursuant to NRS 40.251, by serving the statutory No-Cause
Termirwtion Notice to Vacate NRS 40.251(1) upon him, which notice was admitted into
evidenr:e at the hearing. The court specifically finds that service of that notice was proper
pursuant to, and for all purposes contemplated under, NRS 40.280.
6. Coughlin failed to vacate the Property vvithin 30 calendar days of being
served with the notice to vacate, and was therefore in unlawful detainer of the Property as
of September 27, 2011, at the latest.
7. On September 27,2011, Merliss properly served Coughlin v'lith a Five-Day
Notice of Unlawful Detainer For Failure to Vacate Rental Unit - NRS 40.251 (No-Cause
Termination) and Notice of Summary Eviction - NRS 40.254, which notice was admitted
into evidence at the hearing. The court specifically finds that service of that notice was
propel' pursuant to, and for all purposes contemplated under, NRS 40.280.
III
III
8. Merliss' claim for relief of possession of the premises was authorized by law.
2
LAW OFFICE
RICHARD G. HILL
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1775) 348 850
Fa:< I775) 3';8-0658
9. Coughlin alleged, as a legal defense to the summary eviction, retaliatory
conduct by Merliss under various subsections ofNRS 118A.S1O. Coughlin's alleged defense
was further based, in part, on what he identified as "habitability" issues, and his alleged
complaints regarding same. Coughlin further alleged that Merliss acted in a discriminatory
manner toward him based on Coughlin's race, national origin, and sex.
10. The court finds that Coughlin failed to present any evidence that Merliss
acted in any prohibited, discriminatory, or retaliatory fashion as alleged by Coughlin, or
otherwise. Specifically, the court finds:
10.1. Coughlin failed to present any evidence that he "complained in
good faith of a violation of a building, housing or health code applicable to the premises and
affecting health or safety to a governmental agency charged vvith the responsibility for the
enforcement of that code" as required by NRS 118A.S1O(I)(a).
10.2. Coughlin failed to present any evidence that he "complained in
good faith to the landlord or a law enforcement agency of a violation of[NRS Chapter 118A]
or of a specific statute that imposes a criminal penalty" as required by NRS 118A.S1O(I)(b).
103 Coughlin failed to present any evidence that prior to being served
vvith the referenced termination and eviction notices, Coughlin had "instituted or defended
against ajudicial or administrative proceeding or arbitration in which [he] raised an issue
of compliance with the requirements of [NRS Chapter 118A] respecting the habitability of
dwellir.g units" as required by NRS 118A.S1O(I)(e).
10 A. Coughlin failed to present any evidence that he had" com plained
in good faith to the landlord, a government agency, an attorney, a fair housing agency or
any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair
Housi!!g Act of 1968,42 U.S.c. 3601 et seq., or ha[d] othenvise exercised rights which
are guaranteed or protected under those laws" as required by NRS 118A.S1O(I)(g).
11. Coughlin failed to present any evidence that the Property was at any time
not habitable, as that term is defined in NRS 118A.290, or otherwise, vvith respect to any of
III
3
LAW OFFICE
RICHARD C. HILL
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( 775) :l48.-088a
F.' ins) 146-0056
the alleged deficiencies identified by him. Those alleged, but unproven, deficiencies
but were not limited to, the front and back steps, any broken 'Aindow, any alleged
mold, 2.ny falling insulation, the garbage disposal, and any weeds on the Property.
11.1. With respect to any weeds on the Property, the court further
specifically finds that the maintenance of the surrounding grounds, incl uding weed control,
was sole responsibility of Coughlin under paragraph 22 of the parties' rental agreement .
12. Coughlin failed to present any evidence that he complied, or that Merliss
failed to comply, with any requirement set forth in NRS 118A.355 and NRS 118A.360, which
statutes address the withholding of rent for alleged "habitability" issues.
12.1. As such, the court finds that Coughlin was not entitled to
withhold any rent based on any alleged "habitability" issue, or othen'\ise, and that all sums
heretofore deposited by Coughlin pursuant to the Court's order dated October 13, 2011,
rightfully belong to Merliss as and for past due rent.
13. If any finding of fact above is, in fact, a conclusion of law, it should be
regardc!d as such, and its validity should not be affected by where in this decision it is
located.
CONCLUSIONS OF lAW
The Court concludes the follovving as the controlling law in this case:
1. The Court has jurisdiction over the parties and subject matter of this case.
Venue is appropriate in this court .
2. The ultimate issue before the court at the referenced hearing was the right
of the landlord, Merliss, to immediate possession of the Property. NRS 40.254. NRS
40 .2 53(6).
3. The purpose of the hearing was to "determine the truthfulness and
sufficiEncy ofthe tenant's and the landlord's affidavits," to determine whether there is any
"legal oefense as to the alleged unlawful detainer," and whether "the tenant is guilty of an
unlawful detainer". NRS 40.253(6).
III
4
LAW OFFICE
RICHARD G. HILL
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 summary eviction under NRS 40.253(6) should be
5 on appeal based upon the standard for review of an order granting summary
6 under NRCP 56 because these proceedings are analogous." Anvui) LLC v. C.L.
7 Dragoil) LLC) 123 Nev. 212, 215, 163 P.3d 405 (2007).
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6. "To successfully defend against a summary judgment motion, the
nonmoving party must transcend the pleadings and, by affidavit or other admissible
evidence, introduce specific facts that show a genuine issue of material fact." Torrealba v.
Kesmilis, 124 Nev. 95, 178 P3d 716 (2008).
7. Coughlin failed to show that any genuine issue of material fact remains for
trial. As such, Coughlin failed to meet his burden of proof to establish any legal defense to
the summary eviction. Anvui. Torrealba.
8. As no issues of fact had yet been presented to the court to warrant a trial,
Coughlin was not entitled to have the summary eviction hearing heard by ajury. NJCRCP
38. NJCRCP 39. NRS 40.310. Any demand by Coughlin for a jury was untimely, in any
event. NJCRCP 38.
9. Pursuant to NRS 40.253(6), Merliss is entitled to immediate possession of
the pfi.)perty.
ORDER FOR SUMMARY EVICfION
Landlord, MATI MERLISS, having applied by Affidavit for an Order seeking
summli.ry eviction of the above-named Tenant and it appearing from the record on file
herein that the statutory requirements have been met and that the Tenant, after notice,
unlawfully detains and withholds the rental unit, and the Court being fully advised and
finding good cause, therefore,
28
III
III
(7;' S) :"8-0888
F",,(7l 51348-Ob 8
5
LAW OFFICE
RICHARD G, HILL
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1715) 34S.o&l6
Fa. p'7SI :!-la-ossa
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
That the sheriff/constable of Reno Township, or one of their duly authorized
agents oe, and hereby is, clirected to remove each and every person found upoIJ.and vyithin
ec:1. r II-c:.-
the rental unit located at 121 k, Reno, Washoe County, Nevada, by no than
-r '$JO,h'I' VA "/P.
October 31, 2011. Landlord is he J{yawarded the right of possession of the
A
IT IS HEREBY FURTHER ORDERED, A DJUDGED AND DECREED AS
FOLLOWS:
The sums currently on deposit with the Court, in the amount of $2,275.00, are
the property of the landlord, Matt Merliss, but shall not be immediately released to him.
Instead, those sums shall serve as Coughlin's security for costs on appeal, pursuant to
NJCRCP 73, in the event Coughlin timely and properly appeals this order. In the event
Coughlin fails to timely and properly appeal this order, those sums shall be immediately
released to Merliss or his counsel of record. These sums shall not, in any event, operate to
stay enforcement of this order and the surrender of the right of Coughlin to possess the
Property. Nothing in this order shall preventthis court or an appellate court from releasing
the deposited funds to Merliss or his counsel prior to or after any appeal is perfected, or
from increasing the amount of any security to be posted by Coughlin for any reason, or
both, either upon its own motion or upon motion by Merliss.
IT IS SO ORDERED.
DATED this t 7 day of October, 2011.
6
gr
LAW OFFICE
RICHARD G. HILL
1
RlCHr\.RD G. HILL, ESQ.
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
( - f''1
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I I ... .... . _ I
11 CC 27 A; ' /O: 10
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10 MATI MERLISS;
11 Plaintiff,
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Case No.: REV2011-001708
Dept. No. 2
12 v.
13 ZACH.1\RY BARKER COUGHLIN;
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Defendant.
----------------------------)
MEMORANDUM OF COSTS AND DISBURSEMENTS
Reno J Llstice Court [NRS 18.005(1)]:
- File Landlord's Affidavit (10/13/11)
Court Services [NRS 18.005(7)]:
- Serve: non-payment (5-day) notice
- Serve no-cause (3o-day) notice
- Service on Coughlin (9/30/11)
- Attempted service of SDT on Coughlin (10/19/11)
Reno-Carson Messenrer Service [NRS 18.005(7)]:
- Attel ;lpted service 0 SDT on Coughlin (9/26/11)
- Service of SDT on NV Energy (10/20/11)
Witness fees [NRS 18.005(4)]:
- Zach Nash (9/23/11)
- Randy Fisher (9/23/11)
- NV (10/19/11)
- Randy Fis er (10/19/11)
Photocopies (in-house) [NRS 18.005(12)]
- 494 pages at lS per page
$
$
$
$
$
$
$
$
$
$
$
$
28
///
" 'I 8-<Jad8
FiI. 77;: 348.()8;Kj
60.00
5500
5500
5500
5500
16.00
50.00
41.97
47.84
30.16
46.20
7410
LAW OFFICE
RICHARD G. Hill
1 Postage [NRS 18.005(14)] $ 2097
2 TOTAL COSTS AND DISBURSEMENTS
$
3 Attorney's Fees (see EXHIBIT 1, attached hereto, for itemization) $ 17,938.75
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TOTAL COSTS, DISBURSEMENTS AND ATTORNEY'S FEES $ 18,545.99
NOTE: The dates on which the foregoing were incurred (or, as to postage and copy costs
which were posted monthly) are more fully set forth on the Activity Report attached
hereto as EXHIBIT 1. The Activity Report is prepared on or about the dates shown by
staff, whose duties include the accurate and complete entry of the data; which is relied
upon by the undersigned.
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not
the social security number of any person.
DATED this )7
1
day of October, 2011.
STATE OF NEVADA )
) ss:
COUNTI OF WASHOE )
State Bar No. 596
Attorney for Matt Merliss
652 Forest Street
Post Office Box 2551
Reno,Nevada 89505
VERIFICATION
CASEY D. BAKER, ESQ., attorney for MATT MERLISS, being first duly sworn,
deposes and says, under penalty of perjury, that the items in the above memorandum
contained are true and correct, to the best of the knowledge and belief of the undersigned;
and th,\t the said disbursements have been necessarily incurred and paid in said action. AE
to the fees, counsel represents to the Court that the amount of fees requested has been
actually, reasonably and necessarily incurred in this case. Pursuant to Brunzell v. Golden
28
III
--'j
F ... , 775)
2
LAW OFFICE
RICHARD G. HILL
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17 51 301 6-0038
Faxt 7751348-0858
Gate National Bank, 85 Nev. 345, 349 (1969) and SCR155, I declare: counsel has practiced
in this area for over 6 years; the fees sought are reasonable in terms of rates and time
charged under the circumstances of this matter. The fees for the undersigned were all
incurred at the standard hourly rate of $225.00, except when the client was charged a flat
fee, as noted. I am informed and believe that these rates are well \>vithin the normal range
for attorneys of similar experience and qualification. I am an attorney duly licensed to
practice before all courts of the State of Nevada. The fees incurred for Richard G. Hill, Esq.
("RGH:') were incurred at his standard hourly rate of $350.00; which upon inquiry and
experience is within the range charged by other similar qualified attorneys in the
community. The result obtained was highly favorable to my client. The charges identified
as "SU-I" were entered by my secretary, Sherri L. Hill, and reflect the identification of costs
only. The charges identified as "GR" were entered by my secretary, Gabriela Reccelle, and
entry of costs only.
All fees and costs claimed were actually, reasonably and necessarily incurred
in processing this case for the plaintiff.
SUBSCRlBED and SWORN to before
me this 2 ?--u"day of October, 2011

: e" 0., GABRIELA RECC :
\ lB \ Notary Public - Siale 01 Nevada i
:; , <: A"""intmenl Recorded In Washoe County :
, ' . . 12013'
.. ,: ..... , .. j
3
LAW OFFICE
RICHARD G. HILL
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, CHARTERED, and that on the of October, 2011, I deposited in the United
4 States mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy
5 of the foregoing Memorandum of Costs and Disbursements to:
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Zach Coughlin, Esq.
Reno, Nevada 89501
28
(77 5) :J.48..0688
F""\775)
Richard G. Charl.ered Activity Repor)
For the dates: 8/1/2011 to 10/27/2011
Client: Merliss, Dr. Matthew J.
Matter: General (Default)
Bill Deta il
Date Biller Descri[2tion Hours Amount
8/16120 I I Fee RGH 5 day - nonpayment of rent notice 0.00 $15000
8116/20 I I Fee RGH quick look at & print HUGE stack of emails from 0.25 $87.50
client; down load photos
8/18 20 I I Fee CB Review file material provided by client, including 1.20 $270.00
many emails, in preparation for eviction and hearing.
8/19/20 I I Fee CB Email to client. Prepare 5-day payor vacate notice, 1.50 S300.00
and 30-day no-cause eviction notice. Flat fee of $150
per form per agreement.
8/191201 1 Fee CB Emails to and from client. Some legal research on 0.70 $157.50
construction and interpretation of joint liability under
contract.
8/22.1:20 II Fee CB Email from and to from client OAO $90.00
8/22/20 I I Fee CB Revise eviction forms. Instructions to staff n/c. 0.30 $0.00
8/23 /20 I I Fee CB Emails from and to Merliss. 0.20 $4500
8/23120 I I Fee CB Phone with client. 0.10 $22.50
8/26/20 I I Fee CB Phone from Coughlin. Email to Merliss. 0.60 $135.00
8/26/20 I I fee CB Emails (x2) from client. 0.10 $22.50
9i1 i20 II Exp SLH Nevada Court Services-- serve non-payment (5-day) $55.00
eviction notice [Ck #6053]
911 12011 Exp SLH Nevada Court Services-- serve no-cause OO-day) $55.00
eviction notice [Ck #6053]
9/6/20 I I Fee CB Complete Landlord's Declaration for Summary 0.60 $150.00
Eviction for Non-Payment (flat fee of $150 per
agreement)
9/6120 Ii Fee CB Prepare opposition to motion for sanctions. 1.20 $270.00
9/6/20 II Fee CB Phone from Coughlin. 0.10 $2250
9:6120 II Fee CB Receive and review email from Coughlin. Email to 0.10 $22.50
client.
9/6/2 II Fee CB Receive and review new motion for sanctions from 030 $67.50
Coughlin.
9/6120 II Fee CB Legal research re: repairs and sanction motions. 0.50 $112.50
917120 II Fee CB Email from client. 0.10 $22.50
917120 II Fee CB Phone with client. 0.20 $45.00
9/7/2011 Fee CB Draft opposition and motion to strike motion for 1.50 $337.50
sanctions.
9/9/20 I I Fee CB Emails from and to Merliss. 0.10 $22.50
9/9/20 I I Fee CB Revise and finalize opposition to motion for 2.00 $450.00
sanctions, motion to strike, counter-motion for
sanctions, and declaration of CDB in support thereof
Includes compiling exhibits and some legal research.
9,,9/20 I I Fee CB Phone from the court. Emails from and to client. 0.20 $4500
9/9/20 I I Fee CB To and from courthouse to file opposition. n/c. 0.50 $0.00
9113/20 I I Fee CB Multiple emails from client. OAO $90.00
9/14/2011 Fee CB Multiple emails from Coughlin. Email from Merliss. 0.20 $45.00
Emails to Coughlin and Merliss.
9,14.20 II Fee CB Email from Coughlin. Some legal research. Email to 0.30 $67.50
Coughlin and client.
9/14/20 II Fee CB Phone from Merliss. 0.20 $45.00
10/27/2011 Page 1
Activity Report
9/15120 II Fee CB Multiple emails from and to Coughlin and client. 0.20 $45.00
9/20/201 1 Fee CB Review altered leases and other documents. Review 1.00 $225.00
statutes and emails. Drive by property re: exclusive
use of grounds (responsibility for weeds). Email
Coughlin. Email Merliss.
9(20/20 I 1 Fee CB Multiple telephone to set up inspections and repairs. 0.60 $135.00
9.' 20/20 II Fee CB Multiple emails to, and telephone with, client. 030 $67.50
9/2 0/20 I I Fee CB Telephone from court re: set up hearing. 0.10 $22.50
9/20/20 I I Fee CB Receive and review fax from court (Coughlin's 2.00 $450.00
answer). Conduct some legal research. Multiple
emails from and to Coughlin.
9'-1: 2011 Fee CB Emails from and to Coughlin. Review statutes and 0.50 $11250
lease. Emai I to cl ient.
9/21.20 I I Fee CB Phone with Merliss. Resend email. 0.10 $2250
9/22/20 I I Fee CB Prepare reply in support of motion to strike/motion 2.00 $450.00
for sanctions.
9/22/20 II Fee CB Telephone from Fisher - Coughlin not home for 0.10 $2250
inspection. Email to client.
9/23120 I I Fee CB Review file materials. Telephone with Randy Fisher. 1.00 $225.00
Telephone with Zach Nash; all in preparation for
hearing on 9/27/1 I.
9/23/201 1 Fee CB Prepare reply in support 0 f motion to strike and for 2.50 $562.50
sanctions.
9!23120 I I Fee CB Edit reply in support of motion to strike and for 1.10 $24750
sanctions.
9/23/20 I I Fee CB Prepare declaration ofCDB in support of reply. Final 0.60 $135.00
compilation of exhibits to reply.
9/23120 I I Exp SLH Zach Nash -- witness fee [Ck #6132]
$41.97
91232011 Exp SLH Randy Fisher -- wimess fee [Ck #6133 J
$47.84
9/26,20 I I Fee CB Receive and review documents hand-delivered over
0.10 $22.50
the weekend.
9/26/2011 Fee CB Revise reply in support of motion to strike and for
OAO $9000
sanctions.
9/26/20 I 1 Fee CB Prepare for hearing.
1.00 $225.00
9/26/20 I I Fee CB Continue to prepare for hearing. Phone with client.
1.10 $247.50
9/26/20 I I Fee CB
Continue to prepare for hearing, including
2.00 $450.00
compilation of exhibits, legal research, and
preparation of testimony.
9/27/20 I I Fee CB
Final preparations for hearing, including compilation
1.50 $337.50
of exhibits, legal research, and prepare examinations.
8-9:30
9
1
27 120 I I Fee CB
Meet with client. To and from hearing. 9:30 - II :45.
2.25 $506.25
9/27 120 I I Fee CB
Phone from Man. Legal research re: nuisance.
0.20 $45.00
9.' 29/20 I 1 Fee CB Lener to Coughlin.
0.10 $22.50
<,1 129/20 I I Fee CB
Emails from Coughlin. Emails to and from client.
0.20 $45.00
Telephone with Randy Fisher.
9' 30/2UII fee CB
Emails from Merliss. Email to Coughlin and Merliss.
0.10 $2250
9:30/20 I I Fee CB Telephone from client.
0.10 $2250
9.' 30/20 I I Exp GR Photocopies - 213 pages
$3195
913 0/20 I I Exp GR Postage
$873
10/4/20 I I Fee CB
Email from Coughlin. Review statute re: essential
0.20 $45.00
services. Email to Coughlin.
10/4 '2011 Fee CB
Email from and to Coughlin. Email to client.
0.10 $22.50
10,mOII Fee CB
Multiple emails with Coughlin. To and from property
1.00 $225.00
to inspect. Telephone with Merliss.
1012 7/2011
Page 2
Richard G. Hill, Charter (I Activity Report
10/511011 Fee CB MUltiple emails from and to Coughlin. Multiple 0.50 $112.50
emails from and to Merliss.
10/6/_0 11 Fee CB To and from court to deliver eviction notices and pick OAO $0.00
up tenant's filing. n/c.
I 0/6(?0 II Fee CB Receive and review tenant's affidavit and motion. 0.20 $45.00
10/6/20 I I Fee CB Telephone with NY energy. 0.40 $90.00
10.' 6/20 I I Fee CB Multiple telephone with RPD and WCSO re : civil 0.50 $11250
standby.
10' 6.20 I I Fee CB Emails from and to client. 0.20 $45.00
10/6/2011 Fee CB Telephone with Reno Direct. 0.1 0 $22.50
! 0/6/2 0 I I Fee CB Phone with Reno Justice Court re: hearing. Email to 0.20 $45.00
client.
10/7/20 I I Fee CB Telephone with Merliss. Email to Merliss. 0.30 $67.50
10/ 10/2011 Fee CB Telephone and text from Merliss. 0.20 $45.00
1011 1/20 I I Fee CB Email from Coughlin. Email to Merliss. 0.10 $22.50
1011 1/20 I I Fee CB Prepare opposition to Coughlin's "answer" . 1.50 $337.50
10/ 12 ' 2011 Fee CB Prepare for hearing. 1.30 $292 .50
1011 2.' 20 11 Fee CB Telephone with Merliss. 0.10 $22.50
10112/20 I I Fee CB To and from court to file opposition. n/c . 0.40 $0.00
1011312011 Fee CB To and from hearing. Email to client. 8:00-10:15. 2.25 $506.25
101l 3!2011 Fee CB Phone with client. 0.25 $56.25
10, 13:20 I I Fee CB Lener to Coughlin re: FDCPA. 0.20 $45.00
10/ 1312011 Exp GR Reno Justice Court - filing fee - Landlord's Affidavit $60.00
10/ 1.:1 /2011 Fee CB Receive and rev iew emergency ex parte motion from 0.40 $90.00
Coughlin .
10/ 14 /2011 Fee CB Email from Merliss. 0.10 $22.50
1011 5120 II Pmt
10116120 I I Fee CB Prepare opposition to ex parte motion. 1.00 $225.00
10117120 I I Fee CB Finalize opposition to ex parte motion. 0.20 $45.00
10/ 17/20 I I Fee CB Receive and review another emergency motion from 1.50 $33750
Coughlin. Prepare opposition.
10117' 2011 Fee CB Multiple emails from and to Coughlin. 0.20 $45.00
J 0117/20 II Fee CB Telephone with client. 0.10 $22.50
10/ 17/20 II Fee CB Prepare affidavit and rent breakdown. Email to 0.50 $112.50
client.
10/ 17 '20 II Fee CB Prepare errata to opposition. n/c. 0.20 $000
10' 17/20 I I Fee CB Emails from Coughlin. Emails to and from client. 0.40 $90.00
10/ I !l i 20 I I Fee RGH meet wi assoc = ev identiary & procedural issues for 0.40 $140.00
hearing next week
101 18/20 I I Fee CB Telephone to court. Fax from court. Email to client. 0.30 $67.50
10118/20 I I Fee CB Prepare for hearing, including legal research re: 1.50 $337.50
retaliatory eviction and habitability.
10
/
18/201 1 Fee CB Prepare motion for inspection; motion for order 4.50 $1,012.50
shortening time; all related orders and declarations.
To and from court to fi Ie same.
10118'2011 Fee CB Draft and edit subpoenas. 0.50 $112.50
101 18120 I I Fee CB Emails from and to Coughlin. 0.20 $45.00
10/ 19/2011 Fee CB Multiple emails and fax from Coughlin, including 30 1.00 $225.00
page motion for sanctions. Cite check motion.
10, 19/20 II Fee CB Email to Coughlin. Email to client. 0.20 $45 .00
10 ' 19'20 II Fee CB Prepare declaration of COB pursuant to N RS 40.254. 0.50 $112.50
1011 9/2011 Fee CB Lener to Judge. 0.30 $6750
10 ' I 9120 I I Fee CB Finalize subpoena to NY Energy. Instructions to 0.10 $22.50
staff
10, 19/20 II Fee CB Telephone from Merliss. 0.10 $22.50
10/ 27/ 2011 Page 3
Richard G. Hill, Charter
10119,2011 Fee CB
10120;'20 II Fee CB
I Oi 20/20 I I Fee CB
10/20/20 I I Fee CB
10120/20 I I Fee CB
1012 1/20 I I Fee CB
10/:23 /20 I I Fee CB
10/24/20 I I Fee CB
10/24 '20 I I Fee CB
10124:20 I I Fee CB
10/24/20 I I Fee CB
10/24/20 I I Fee CB
10/25/20 I I Fee CB
10/25120 II Fee CB
10126/20 II Exp GR
10/26120 II Exp GR
10126,20 II Fee CB
10/26/20 II Exp SLH
10/26/20 II Exp SLH
10/26120 J I Exp SLH
10126/20 I I Exp SLH
10/26n Oll Exp SLH
I 0/'2 6/201 1 Exp SLH
10/ 27/2011
Activity Report
Receive email from Coughlin with notice of appeal. 1.00 $225.00
Email to client. Legal research re: appeal. Telephone
to court.
Legal research and prepare argument re: appeal and 1.00 $225.00
inspection - in preparation for conference call and
hearing.
Multiple telephone with court. Prepare order. Lener 1.00 $225.00
to judge. Email to Coughlin. Email to client.
Telephone from court . 0. 10 $22.50
Telephone from counsel for NY Energy. 0.20 $45.00
Prepare for hearing. Telephone with Merliss. 1.50 $337.50
Telephone with counsel for NY Energy.
Prepare for hearing. Telephone to Zach Nach. 11m. 1.00 $225.00
Prepare declaration of Zach Nash. OAO $90.00
Phone with Nash. Meet with Nash. 0.50 $112.50
Emails from Coughlin (x4) 0.20 $45.00
Prepare for hearing, including legal research, 4.00 $900.00
preparation of exam inations and exhibits, and
argument.
Telephone with Phil Stewart. 0. 10 $2250
Meet with client. 8:30 - 9:30. 1.00 S225.00
To and from court, and anend hearing. 9:30 - 5:00. 7.50 $1,687. 50
Photocopies - 281 pages $42.15
Postage $12.24
Prepare findings of fact, cone lusions of law, and order 1.50 $337.50
for summary eviction. Revise order requiring
inspection.
Reno-Carson Messenger Service - anempted service $16.00
of Reply on Zach Coughlin (9-26-11) ---
[INCURRED BUT NOT YET PAID]
Nevada Court Services - Service on Zach Coughlin $55.00
(9-30- J I) --- [fNCURRED BUT NOT YET PAID]
Reno-Carson Messenger Service - Service of SDT on $50.00
NY Energy (10-20-11) --- [INCURRED BUT NOT
YET PAID]
Nevada Court Services - anempted service of SDT on $55.00
Zach Coughlin (10-19-1 I) --- [INCURRED BUT
NOT YET PAID]
Witness fee - NY Energy (10-\9-\\) (hearing) $30.16
Witness fee - Randy Fisher (10-19-1 I) (hearing) $46.20
Activity Subtotals
Fees: 80.60 Hours $17,938.75
$607.24
$0.00
Expenses:
Other Charges:
Page 4
Ofllcial Receipt
- \ '" DoD.u.r!.
eno Justice Court
Date
1. of 1 I South Sierra Street Reno, Nevada 8950 I
Thu, C'--=t 13, 201j.
Received For:
Comments:
t , th.:: -'
c:rJ- ltl
w .oo . 00
TOTALS:
TENDERED: S60.00 CHANGE:
.0(1
1 Check #6201 S 60.00 Hill, Richard G.
ORIGINJ'.L
f.t; CIV(t (n:nHII)']:j 9 9-1 C'TV - Co);; 1O/13/2(1). B: ()2: 1f.1:.r:
Nevada Court Services, LLC
475 S. Arlington Suite lA
Reno, NY 89501
ShipTo
Richard Hill Esq.
652 Forest Street
Reno, NY 89509
O
Please box if address is incorrect or has changed, and indicate change(s)
on rever' c sid!! .
New e-mail address') Enter here: _________ ___ _
Invoice
Due Date
Date Invoice #
9/5/20 I I 8/26/20 II 23627
Balance Due
$110.00
Amount Enclosedl
Check #1
_ _ _ ......... ___ _ ___ ..,. ____ .. .. " .... __ _ _ _ .. ___ ___ __ ._ .. , "",. o.c ..... ___ .. _ _ _ ... __ ... w _. w _
475 S. Arlington Suite 1 A
Reno, NY 89501
Item
Evict ions
Evictions
Q\y
Requestee Name 1#
Description
Non Pay on 121 River Rock SI.
30 Dayan 121 River Rock SI.
Pay online at:
https:llipn.intuit.com/fbgnqwqv
Sydney
THANK YOU FOR CHOOSING NEVADA COURT SERVICES
A lale Fcc ofS25.00 pe .. monlh pc.-Inmice will be assessed 011 all Past Due
Accounts
INVOICES ARE DUE AND PA \' ABLE UPON
--
PO No.
Rate
Total
55.00
55.00
Payments/C red its
Ba la n ce Due
Terms
Due on receipt
Amount
55.00
55.00
$110.00
$0.00

Nevada Court Services, C
Reno, NY 8950 I
ShipTo
Due Date Date
1011 0/2011 9/30/2011
Balance Due
Richard Hill Esq.
652 Forest Street
Reno, NY 89509
Amount Enclosed!
O
Please check box If address IS incorrect or has changed, and indicate change(s)
on reverse side.
New e-malt aduress? enter here : _ _ _________ _
Check #!
Reno, NY 89501
Requestee Name I # PO No.
Sydney
Item Qty
Description Rate
EVictions
UD on 121 River Rock St.
Total
55.00
Invoice
Invoice #
23795
Tenns
Due on receipt
Amount
55.00
A Lacc fcc ofS25.00 per monCh per In,oice will be assessed on all "ast Due
Ac.:ounts
INVOICES ARE OrE AJ',;I) PA \' ABLE tll)ON RF.CF.IPT
Payments/Credits so.oo
Balance Due
"

RICHARD G. Hill, CHARTERED
ATTORNEYS AT LAW
POST OFFICE BOX 2551
RENO, NEVADA 89505
(775) 3480888
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REMmANCE ADVICE
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NON - NEGOTIABL
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PAY
DATE
" '" >'lJ '/<{' /I
ATTORNEYS AT LAW
RENO. NEVADA 89505
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ATTORNEYS AT LAW
RENO, NEVADA 89505
(775) 348-0888
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Process Rush
RCMSTracklng' : 0328701
~ .I CARSON MESSENGER SE
185 MARTI N ST
E INC. Date Printed: Oct 20 2011
INVOICE TOTAL DUE
Total :
Pre-Paid Retainer:
Amount Due
50.00
000
50.00
Case Reference 1/ MERLISS I KAREN
R ~ O NV 89509
(775)' 322-2424
Federal Tax 10: 88-0306306
Case Heading :
MATT MERLISS
ZACHARY BARKER CO'WhHLlN
Cause #: REV2011-001708 2
Court IN THE JUSTICE COURT OF RENO TOWNSHIP
. COUNTY OF WASHOE. STATE OF NEVADA '
Docs:
SUBPOENA DUCES TECUM RE HEARING;
SEALED ENVELOPE
Account Number: HILL3
Pho ne: (775) 348-0888
652 FOREST STREET, P.O. BOX 2551
RENO, NV 89509
Servee (s) : ~ ~ T ~ ~ ~ ~ OF RECORDS
SSN DOB
SSN DOB
JOANNE MCMASTER (LEGAL ASSISTANT, W, F, 5' 5", 115LBS, 60LBS, W)
Person Served :
Service Address :
6100 NEIL RO STE 100
RENO, NV 89511
Served By : COLIN GALLOWAY R-035335
OatelTime Serivce: Oct 20 2011 2:30PM
Service
notas
andlor
description
of person
served.
Speci al ORIG AE
Bad AddreS58S:
Handling: RUSH SERVICE
GET DESCRIPTION
SERVE AUTH
Services Perfonned Costs Detail
Service History and Notes
DESCRIPTION PRICE
RUSH LOCAL 15.00
SERVICE LOCAL 35.00
INVCICE COpy
Messenger - Special
RCMS Tracking II : 0327217
NO I CARSON MESSENGER SE
185 MARTIN ST
' CE INC. Date Printed: Sep 26 2011
INVOICE TOTAL DUE
Total
Pre-Paid Retainer :
Amount Due
16.00
0.00
16.00
Case Reference # MERLISS (KAREN)
RENO NV 89509
(775)' 322-2424
Federal Tax ID: 88-0306306
Case Heading:
vrs.
Cause #: REV2011001492
Court :
Docs:
REPLY IN SUPPORT OF LANDLORD'S MOTION TO
STRIKE, COP OF SUBPOENAS TO NASH AND
FISHER
Account Number: HILL3
Pho ne: (775) 348-0888
652 FOREST STREET, P.O. BOX 2551
RENO, NV 89505
!Ser.ee (s) : AFFIDIVIT OF AITEMPTED DELIVERY
I
I
SSN DOB
SSN DOB
CLIENT REQUESTED AFFIDAVIT OF ATTEMPTED DELIVERY
Person Served:
Service Address : 121 RIVER ROCK SQ ZACH COUGHLIN ESQ
RENO, NV 89501
Served By: IVORY JONES JR R-052909
Date/Time Serivce: Sep 26 2011 4:07PM
Ser.ice
notes
andlor
descri plion
of person
ser.ed.
Special
Handling:
Ser.ices
DESCRIPTION
SPECIAL SERVICE
.
., .
Performed Costs Detail
PRICE
16.00
IN OleE c:opy
Bad Addresses:
Service History and Notes
Fax: 775-34B-7911 Oct 27 2011 09:41am P001/001

. . ' . . ( :
.;, Court Services, LLC
47) S. A..rlmgton SUlte lA
. ,: Reno, NY 89501
ShipTo
Richard Hill Esq.
652 Forest Street
Reno, NV 89509
O
Pkase checK box if address is incorrect or has and changc(s)
on rc\'cnc side.
New ernail addreS5? Enll:r hert : ___________ _
Invoice
-.
...
. Date
Invoice' #
)013112011 10121/201 J 23913
Balance Due
Amount Enclosed!
Check #I
-------------------------------------------------------------------
!'evadB Court Services, LLC
S. A..rlington Suite lA
Reno, }'TV 89501
Ilem Qty
Prouss Savict
Requeslee Name 1#
Karen
I Service of SIC, SUlIlJl).ons or Notice MERLISS y.
COUQID..lN
Pay online at :
https://ipn.intuitcomJ86rkvs7z.
- :\ r", per 1II0lllh Pt"I' Imoic&' \\ill hI: on all Pa,1
'\ccnunh
f)1 F -\'\0 (l-\ \" \RLf I PO'\ lU( HPI
P.O. No. Terms
Out on re;ceipl
Rate Amount
5500 5500
Total
Payments/Credits woo
Balance Due
gr
LAW OFFICE
RICHARD G. HILL
."
1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
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10 MATT MERLISS;
11 Plaintiff,
12 v.
14 Defendant.
15
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Case No.: REV2011-001708
Dept. No. 2
16 ORDER REQUIRING INSPECfION OF REAL PROPERTY
17
18 Plaintiff/landlord, MATTHEW MERLISS, having moved this court for an order
19 requiring defendant/tenant, ZACHARY BARKER COUGHLIN, to permit an inspection by
20 the landlord or others acting on his behalf, of the real property located at 121 RlVER ROCK,
21 RENO, NEVADA; the matter having come before the court, and good cause appearing,
IT IS HEREBY ORDERED that plaintiff/landlord, MATTHEW MERLISS, or
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25
26
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others designated by him to act on his behalf, are entitled to, and may, enter and inspect the
real property located at 121 River Rock, Reno, Nevada for the purpose of inspection and
measuring, surveying, photographing, testing, or sampling the property. The inspection
shall take place at 2:00 o'clock p. the 27th day o! 9c}ober,
28
///4
S
S?'1f A>
/Z-----
17; 5, 3-lS0M8
Fa.; I'},) 3-:8-0050
LAW OFFICE
RICHARD G. HILL
1 IT IS HEREBY FURTHER ORDERED that a law enforcement officer shall
2 accompany Merliss, or those designated by him, to the inspection, in order to keep the
3 peace.
4
5
IT IS SO
DATED this il day of October, 2011.
6
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(77 S J 348-0888

2
CERTIFICATE OF MAILING
This certifies that Karen Stancil, an employee of Reno Justice Court, has mailed the
attached document to the individual(s) and/or company listed below through Washoe
County's mailing system on October 31,2011.
The person served was: Zachary Coughlin, Esq.
121 River Rock Slreel
Reno NY 895903
\
" . -"" .. _ /
3017 No Cause :il"
(1'./
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Courtroom: B
Clerk: JJONAS
Date: OCTO B1:R 15;:ZUTY--T i me: 10:00 A.M.
P [3J NP D
Landlord
PDNPD
Judge: SFERRAZZA
Vs.
Department: 2
[3J Hearing Held.
D Continued To:
D No Appearance
P [3J NP D
Tenant
PDNPD
Represented by:
D Under submission.
D Other.
noon on Thursday.
c,
Document Code:
Zach Coughlin
121 River Rock St.
Reno, NV 89501
T de: 775-338-81 18
Fax: 949-667-7402
Pro per De mant
,
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WASHOE COUNTY, NEVADA
it
MA rT M[RLISS. MD. : MAITHEW J. MERLlSS)
LIVING TRUST )
I 1 PlaintilT.
\S.
ZAC'IIARY COUGHLIN:
1 .
Defelldant .
)
)
)
)
].I
Ci[{E[N ACTION LA WN SERVI CE AND ITS )
OWNER NERY R MACAI _-CRU!: DARLENE )
SI-IARPE. REALTOI{. personally in and in her
I (, capacity as an employee or DICKSON REALTY:
DICKSON NV ENERGY PU[3l.1C
II UTILITY CORPORATION: NEVADA COURT
SFI{ VICLS: JOEL DU RDEN. individually and in
18 his capacity ,IS a process lor NEV ADA
COURT SERVICES.
1 '-,
Rea I Pari ies in
() Illterest/ interpled Third Prlrtics
)
)
)
)
)
CASE NO: rev20 I \-001708
DEPT. NO: 2
MOTION TO SET ASIDE AND OR
STAY EVICTION ORDER/MOTION
FOR SANCTIONS
I )
MOTION F nON FOR
Tenant/ Def
[1, based
on the
j' civil
procedure, aJ
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ANALYSIS
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Judge Sferrazza QPparently made an Order y ~ ~ ~ y which continued to hijack
Illy money. NRS 40.253(6) explicitly prevents this (and the RJC will need to enact an
"
get ()pproved its own version of LQS Vegas's Justice Court Rule 44 it' it wants to order
tencmts in a SUl11l11Qry Execution, er, Summary Eviction proceeding to pay monies into
,.; the cOLirt or otherwise reclassi fy previoLis order for rent escrow and deem monies
previously submitted as "Appeal Bond"s or other types of Bonds. Simply put, the RJC
10
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must return the $2275 I was improperly forced to deposit into the COUlt as rent escrow.
Further, the I FP granted in th is case should apply to the Appeal Bond or any other fees
1 )
1 !
or bonds required by this or any other court. This is also a whistleblower and or Qui
I', Tam action, as the Justice Court should not be leveraged as a cl ub to bash tenants
! I )
senseless just because attorney's like Richard Hill, Esq. and Casey Baker, Esq. tind it
17
protitable. Quit having tiling ot'tice employees bully tenants into coming down and
being served notices by the tiling oftice that they law in Nevada requires landlord or
20
landlord's attorney to service and tile proofof. Don't act like JCRRT allow it, see Rule
:2 ot' JCRRT, hasicctlly, JCRRT doesn't apply to landlord tenant action and quit acting
like the RJC gets to apply " house rules", without getting them printed for the puhlic
and approved by the Supreme Court ot' Nevada. See Rule 81 nne! R3 ohhe State ot'
NC\ ' <.ld , t' s Justice Court Rules of' Civi l Procedure. Please divulge i.111y campaign
contrihutions to (lil Y R.lC nflici ;tl ur .ludl2,e, or Justice orthc I)C<'ICC from R.ichard I lill or
- ~
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Casey Baker. 1)lease indicate landlord's attorney has been sanctioned, even once,
In the past five years for ANYTHING by any Judge, Justice of the Peace, or other
with the Reno Justice Court. Further, any Order reluted to Inspection has not
been properly served, nor was any motion seeking such an inspection, as sLlch, any
Inspection Order should be set aside and 01' vacated.
RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(a) Grountls. A new tri ,lIllluy be gr'lIl1ed to all or any 01' til e p<lrties (lnd ()n all or p<lrt of tile i ssues fur ,lil Y oflhe
flllluwing causes ()r grounds materially nlTecting the substallti ;)1 rights oran <>ggrieved part y : (I) IITegul ,lrity in the
proceeding!> or the elllirt. .iury. Ill<JSkT, or adverse pari)'. or <lll)' order of the court , or master. or abuse of di scret ion by
which either part y was prevellted Ii-OIll hnving ,I rail' trial: ( 2) Mi sconduct ot'the.iury or prevailing part y: (.3) Accident or
surprise which llrdinary prudence could not have guarded aga inst: (4) Newl y discovered evidence mat erial for the party
the 1110tion the P,lrt y could not. with rcnsonnble diligence, Ilave discovercd and produced at the trial : (5)
ivlanirest di sreg,II'd by the .iury orthe instructions of the courl: (6) Excess ive damages appearing to have been given under
the intlllence OI 'P,l ss ioll llr prejudice: or. (7) Leror in law occurring <It the trial <llld objected to by the party Illilking the
Jl1otion, On ,llilotinn lor <1lle\\' trial in nn action tried without a jury, the court l11<1 y open the judgment ifone Iws been
elllcrL'ci. t,lke addition'lltesticnony. ,llllenci tindings ul' fact allCi conclusions 01' law or make new tindings and eOllelusions.
and direct the entry of a new judgillent.
(h) Time for Motion. A l11orion far a nelV trial be likd nu later than 10 clays oner serv ice ofwri[ten notice of
[he entry of the judgmcnt,
(e) Time for Serving Affidavits. When a Illation for new trial is based upon afticlavits they shall be tiled with the
Illu[ion, The op[1osing. pm[)- has 10 da)s ,Iner service within Ilhich 10 lile opposing al'liciavit s. which period rnay be
c.\tended li)r an additional period not l'_\ceeding 20 days either by the courl fi)r good shown or by the pnrti es by
II'ritlL'n stipul ation, The permi[ rL'pl) aftidavits,
(tI) On Courl'S Initiative: Notice: S[H:cil\ing Crollu<is. No 1,ller than 10 illkr elllr), ofjlldgill entthe court. on
its 01111. Illay order a 11<:1\ [ri ,d li)r 1"C,ISOII Ih,l t lVouldjJl ,<;(ll'y gl',lIl1illg olle on il pal1y 's motion, r'\ lier giving the parties
1I0[ICe ,\lId ,Ill to he hcal'd, [hc court IIlQy gralll <l lilllci) l11()tioll lur a Ilel\' tl'i ,1 1 for ;1 redSOIl nut st,l ted in the
IIHlIi(lll. Whell ="iil iitill g ,I nell tli,lI \)11 irs olIn inilicltive or 1'01' ,I not <; t,lte(1 ill a Illotinn. tile court shall til e
gl-uunds ill it s (l(\kr,
(t:) :\Iotioll to Alter ()r AlJlelitla ,ludgJllelit. i\ 11HJlioil IU ,d lel or dlllL'lId [he _llILlglllClll sh'llI he likd 110 later- tll ,11I 10
Ud)' il i'tL' I- 'L'I'lic\.' lJI'llr illL' lll lll[ il'C 1l1'lhL'jllLiglllcnl ,
1/\ , ,Jlllendcd: \.'111.'Clil'L I, 2lJO:' , 1
1( III C)"I Cii{ I II I I " d i ll \' 1) (11< \ 1()lltl ( 1) " 1 \'1 \ !(i l l( ) 1111< '''l I l l l 'i
hq .. in hi s tYiJical styk ol ' trying to make the Cnlll1 clown makeup. somehow managed to get
Justice orthe Cl ii"ton to ,IIIU Ol'der Fnr Inspel'tiOII. without in the lik th,H service of" process
Ivlolivn sL'cking the urJcr was vr with 1'l'(JuJuient proof uf inuicating lilal it had been.
'J troglodytc COlirl SL'rviccs pl'llCeSS may attesteu to lInder o,1Ih. LJnder Nevada JCRCP 59. 60. ctc.
t, the l .vil'tion Order void , It IIlHdu he illlprllucnt to cost a ot'the bar extraordinary cxpense and
ualll.lgcs jll sl to ;lltCll1pt to cnrorcc a voiu Ordel. JlIuicial setting the Orucr frolll the eviction "Trial"
asiue. Anu it \\,;I S a TriJI. th:1I is what the recording or the ol'iginal sUlllmary eviction hearing of October 13. 20 II allu the
subsquent Notice or I'rial l'rom the RJC the October 25'1'.20 II court date as. 20 days Notice is required under
Ul the Ruk 109 both Juuge Sli:rrazza dnu counsell3aker intlicJkd in open court on October 13'h. 2011 did not apply
12
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to eviction cascs ... Regardless. ii'tlle original unlawful Lietainer nolice is deellled a "Complaint". 20 days hau not
passed since lhe uri ginal liling inlile Reno Juslice Court. Til e tirsl liling lias on October 6, 2011 . Given lhe lrial \"as 011
25"'. 2011. 20 days \\'as nOI provided. Actually, no Cnmpla illl was ever served. even fUl1her underscoring the
point that any stclllillillg I'rnl1l the " Trial" is void and should be or set aside.
RULE 109. SETTIN(j 01: TRIAL I. ACTIONS
PURSUANT TO _J()21)()
(a) In no case sh<lll a trial 011 merits be less than 20 calendar days aner service of sUlllmons and complaillt.
(ll) If Ihe court issues all orLln 10 sho", why a temporary wril 01' restilutioll shall not be issued, it may notice Oil
;,lIch order tillle SCI l'or trial in adJ i tioll ((l lhe date alld tillle set for Ihe temporary writ show cause hearing.
Illlllevcr. iJ' oj' SlIllllllOIl S and complailll occurs lcss thall II uays prior tn the uale i(lr a hearing l'or a temporary
writ nr less lhall 20 calendar days prinr to a trial date. the cnUrl shall cllnt inuc Ihe relevant hearing uate upon request by
Ihe tCllalll.
(c) Irialllll lhe , 11,1111101 be alld usillg all order 10
January I . 2(l07.1
1{lJI.L I 10. ivlO rll)N I () S 1/\ Y LN I' (W,LTM l- NT 01 ,\ SlJMMA R Y LV Ie rlON OfWER
A tCII:Jnllllay IIIe 11HlIiull 1,1 Sial a SLlllllllar\ prlic'r [)lIr,; u:lllt to NR\ 7(). O 10 at li1l\e ,11kI' a notice for
CI illi{lll is 1'llPII Ihc lel\ ;1I11. lr', uch <llll ll ltun is filed the CllUrt i. '> IICS the rekV;111l SUllllllar: eviction oruer.
Ihl' ellurt shall C{l il si llel' till' 11l 1)(juli a III I re i leci 10 IIhich. il'lhe Ilhltioll is
Ihc (nuer j, \1:1) cd .
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RULF 60, RFLIFF I' ROM JlJDGMENT OR OIWLR
(a) Clerical illjudgllll:llIs, orders or olher p:lrl s urlhe record <lnd elTors Iherein arising
1'1'0111 uversiglll \)1' Illni s, ioll 111 ,1)' he cllrrecleti by tile eOllr! .1 1 :1Ily lillle llf it s \lWII illitiative ur IJll the Illolioll Ofill1Y pan)'
and after such 11Olice. iran:;, as the COUI1 orders, During Ihe pendency of an appeal. sli ch mi stakes may be so correcled
lwrore tlk' ' lppe.tI i, dllcketed in the appellate eoun . Ind thel' e. t1kr IIhile the .Ippeal is pending Illa
l
be so cvrrected \Iith
leave nC the :1 [1pell.lle (IHlr!.
(h) jVlistakcs: Illa<i'vl'rtellcl' ; f.\cIIsahle Neglect; NCllly Disc()ICreu Eviuence; Fraud, Etc. Onlllotion and upon
, ud terms as just. Ihe coun may relieve a parly or pal1y's lega l representative from a linal judgillent. order, or
for the reasons: (I) inadvcnellee, lJI" e\cusabk: neglect: (2) newl y di scovered
evidence IIhich h) due dili gence cL1111d nOllwve heen di scovaed in tillle to move for a new trial under Rule 59(b): (3 )
I'raud (whether haetol'ore denoillinated intrinsic or e\trinsic). Illi srepresentation or other mi sconduct of an adverse party:
(-I) the judgment is vuid: 01'.(5) the judglllelll has been sali slieli , rekased, or di scharged, Dr a prim judgment upon which
it is based has been reversed or otltenvise vacated, or il is no longer equitable thai an injunction shvuld have prospective
application, The Inotion shall he made within a rcasolwbl e time, and lor reasons (I). (:2) . and (3) nut lIlore titan 6 Ill on ths
Cl ner tlt e proceeding: IVa, taken or the date that notice or entl)' ortlle judgill ent or order W(1S ser ved, A ill oti on
under this subdivi siol l (b) uoes IlOt .ttleet the lin'll i!} orajudgmem VI' suspend it s operati on, Thi s rule does not limit the
puwer or a CDUn to enlertain ml independent ael iDn to reli eve a pCl11: rrolll ajudgillent. ol'uer, or proceeding, or to set
aside a judgment lur rraud upon the court. Writ s of co ram nob is, Cll ralll vobi s, audit a querela, and bills ofrevil!w and bill s
in the natul'<: ora bill are abolishe,L and the procedure I'm obtai ning any relief from a judgll1ent shall be by
Illotion as prescrihed in these rules llr by ,111 independent action,
(c) Default .JUdglllclltS: Defendant Not Personally Served. When a judgment shall have been taken against
any party who \\ ,IS not persllililily serwd with sUlllmons <1llll cOlnplaint. either in Ihe Stale or Nev<1da or in any other
jurisdiction, ilild who h:l $ not entered a general appc,l rance ill the action, the court. aft er notice to the adverse party. upon
Inotiun made wilhin () 11101l1hs alkr the date ol 'service of lVI' itt en Illllice of entry of such judgment. may vacate suclt
judgment ,lIltl alto\\' the party or the part y's "'-gal representativL' s to answer to thc merit s orthc original action. When.
however, (1 P(1rty has beL'n personally served with summons and cOlllpl:lint. either in the State of Nevada or in any other
jurisdiction. the pmt)' InLi st make applicllion to be I'elievcd from a default, (1judglllent. an order, or other proceeding
taken against the party, or 1'01" permission to lil e an ans wer. in ''!Ceol'llance lVith the provisions of subdivi sion (b) of thi s
rule,
(d) Dcfault .J1I<igllll'IlIS: Modification Nunc Pro TUlle, Whenever a dd:lllit judgment or decree has been el1tl!n;d,
the party VI' part il!s ill derault therein Ill<ly at allY time therea l'tcr, UpOIl II'ritten consent ortlte part y or parties in whose
favor j udgillent or liccrl!e has been entered, ent el' gl!neral <Jppc;tranCe in tlte ac tion, ,1Ild tlt e general appearance :;o entered
shall have the rOI'ce ,Iild erkct as il 'entered .11 the propel' t ime prior to the rendition orthejudgillent or decree, On
, uch appl!'lr<lnCe eillered the (Durt Illay 111:1"': allli elllel':1 illUllilied jUdglllelll or decree to the extent oilly or sit o\\ ing
such gL' neml 'll'pearancc Llnthe part Ill' the party or partie, in dL'l ;lUlt. alld it slt all he eli te red nunc pro tunc as of the date 01
the origin<lljudglllL'lIt m decr.:e: provid.:d, howL' ver. titat Iluthing herein conlained shalt prevent the cUlirt frum Ill odii"y ing
'lIciljudglnelll or lienee ii, , tipul ' lted ,lIld agreed in IIriling: by the parties to , uch action, and in aecDni<IIlL'C with the tcrills
(If <;ue h II l'ittL'11 o; tillillatilln ,lilt! agrel!lllelll,
[ /\S :llllelll,lcll: elleclilc' I, [
1 I I 6 I , II. \ :\1 1,1 ,,<.; I R R () R
ill l: il her tlte ' Idmi , Illil Ill' the c'\clu,illllllrCI itk-nce 110 errllr or dekel in ,III) rliling or llrllcr or in
'111\tltill:,! tiull e llrllillilteli tltc' eoml or hI' Ilft hc' p<lrlie, is ,!!I'lllilid Illr gr'lIl1ing ancII tri .tI ur Illr \ etling a:-. ide a
\ l'I'lIILlllr 1'(11' I<IC;lti llg, IIl<ldih ill:,! or ,) tll(1'II "l' di,tllrilll1g a jiltigill ent IlI'l1rdL'I', Ullle" refus<tI til take such allill n appears
l<) the C"lIrt i)ICI)lhl, tt'li t II illl '1 Ih'I<l llli ,Ji jl: 'llcL', I ilL' l' 11l111 ;11 elc' l'I \,I"L' 1l 1'111L' Illl",t l:ITll l' lll'
dckll III thl' prll( L'eti ill g "ilich li"l-' lIul ;Inert Iht' o;lIl"t;ll1tl;\I ri 1.!l ll' l'l'the 11; lrt ie .. ,
1 IW LL 61, S f /\ VOl--' 11IWCLt::DINGS TO ENI--' ORCE A JUDGMENT
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(a) Automatic Stay, I :.\u:pt <IS st,lled ilereill. nil c\ecution skill iss uc upon a judglTlenl 11Il!' silall procecdings he takell
I'llI' its ,'nl'orcenlelltulltiltl1e c\llir<ltilln 01' 10 U<l )'s aner service ot'I'vI'ittenllUticl'ul ' it s enlry,
(b) Stay on Molion for Nl'W Trial or ror .Juugmenl. III its ui sc retiof) anu on such cOlluitions for the securilY ur Ihe
" adwrse party ,1 S are proper, the coul1 Illay stay the executioll or or any proceedings 10 enlorce ajudgrnellt pending the
di spl l sitilln OI'<I1l111ti oll rill' <lncw trial or 10 alter or ,1I11enU a.juugillent m:llie pursuant !(l Rule :'ill, or ofa motion l'or rdiet'
I, I'rolll ,I judgmellt or lll'der made pursuallt 10 I{ ule (10, VI' Vt';1 mot ion lor j udgmcnl in aCCOl'l1<lnce with a motion lor a
,juugment <lS a Ill,Htcr Ill' I,lli' maue pursuailltll Rul c "0, or ol'al1ll1tioll Illr alllcnument to tile findings or IlJr audition::ll
linLiings made pursu<J11l to I{ule 51(b),
(c) Resl'nell.
o (ll) Stay U[lon Appt'al. Wilell an appcal is laken the appellant by giving a supersede::l s bOlld Illay obtain a stay, The
bunu Illay be giVell at or alkr lile timc of liling lile nOlice uf<lppeal. Tile Slay is etTeclive when tile supersedeas bond is
1 1 liled,
(e) Slay in favor or the State or Agency Thercor. Wilen an appeal is taken by the Stale or hy any county, ci ty or
13 tml'll within the State, ur :111 unicer ur agcncy thereol'allli the llperatiun ur elltlJrcelllcnl oftilejudglllent is sluyed. no
bonu. ohligation. or otller security shall be required frolll the appellant.
I ' J (I) ReslTvcu.
III
(g) Power of Appellate Court Not Limited. The provisions in this rule do nut limit any power of an appellate eourl
11 or ol'ajudge orjustice Ihereofto stay proceeuings during Ihe pendency of an appeal or 10 suspend. modify, restore. or
gr;lI11 <In injullctilln Jurill g the penuency of an appeall.lr to makc an) lJruer appropriat e 10 preserve the status quo or Ihe
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effectiveness urlhe juugment subsequenll y 10 be Cillereu,
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(h) Stay of .Iudgment as to Multiple Claims or Multiple Parties. When a court has nruereJ a final judgment under
;' lJ the condit iolt s st;lleJ in Rille i-ll b), the court may sl ay en ioreeillenl or that judgment unt i I the entering of a subsequent
jlldgment or ,illdgnlenh ,Ind Illay presc ribe silch conditions arc necessary to secure the bcnefit thereo f to the party in
wlw'ie fnl'lll' the judglnenl is elltered,
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I;\ s nmellueu: ellectivl' .lill y I. ::!005,1
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RllJ ,l 52 II NI)I \j(i S nv 1111 : COl l in: JlJl)(i /'vII ,N rON I' ,\RTI ,\I , IINDINCiS
(a) 1: rfl'CI. ";I jllry i'i lIot demandl' u, the justice :- h;1I1 he;lr the evi dence lid decide nil questi() 11S ur ract ;11)('11,11\ ;llld
rL'lILkr j udgnlcllt I hl' ()urt 111 ;1\, hUI ahscllt Iklll:lllJ iherelll)' nCl'u nol. lind the f"us "!leciall), ,lIld stale
"cpnr;]tcly ih (lrla\\' thneoll , Irthc Cll urt I);)s nul. in 'lI'itin:,', IlHlnd tile I;IUs ... peciJlly ,1IId set furth it s
or 1<1 11, thl' ll. 111)\)11 Ilrill,'n therl'lt )r liled II ililll1e cuurt Ilithi n .I ,iudici ;iI d' I:S of Ilritll' n IHlticc (Jr thc
lurl' , deci "on \)r it ' th ...' ,iL'ci , i'1I1 i, ;I11110Uncl' d ill OI)l' lI llll'l, Il i th in d,I:' thl' l'l'O!'.;I part y ,lPlll' aling li'uillthe deci,i' l n
ullder Rule 72(d) ;III J (h) ,km;1I1d th,1l the court I));)h' and ( ni l'!' ,pccit i c (If 1: 1(( and c\lI)clu'iill)) S of 1,111,
(, \\() I I() '\ l cll{ 1( 1\ 1 1 \ ' I [) I \ '\I)(lI{ \ I()IIC) 11)'1 \Y \1( ) 11( )i\ 11)j{' \ C II ! )'\\
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RelJuests l'or lil1dil1gs ,Ire not Ilecessary ror purposes orrevielV. alld II hell ,] request I(Jr tindings is \11ade. it does not toll
the tillle within I\itich all <lJlpeallllust be l11elde pllrsuant to Rule 7::'[3. l \n} sucit lindings 51 1<111 be 1l1,llk el jJdrl oftite reeord
on ;Ippeal. I r lindillgs or 1;ICl ,11'e 111'lde. they sllall not be set aside unless ck:lrly erroneous, and due regard shclll he given
til tite 0ppol1unity l!l'tite tri,d comt to.iudge tite credibility pl'tite Ilitnl:'sscs. ritl:' lindillgs ora l11 eISlcr. to tite ntent th,lt the
coun adopts tllel11. ,hall he considered as the lillllil1gs ot'tlle court. I'illdillgs Ill' hlct and conclusions ol'law are
'1IIIIeCe5\;II': .'11 deci';iolls ()r II1lltillilS Llndcl' I::' llr llr <III: ntiler Ill,Hilln o,cept , IS providcd in subdivision (c) of
this rule. 1311t ,111 lll"lkr gnlnting SlIllll11:II") .iudgmclll shall set rorth thl:' IIndisputed ll1<lterial 1:1CtS i1lld legal determinations
Oil II hich th': Cllurt gl':lnted 5Lllllll1:II'Y .iudgilleill.
When :1 relJuest I(l!' lindings :Ind cllncllisillns itas bccn liled,,,tlcit lindings :Ind concili sions l11ust be l11i1de. cntercd i1nd
snved tlplln ,til Cllunsci ollcclml. lJr any p:lrty Ilotl'eprescllled by cllunsel lIitllill 7 .iudicial days ol'sueh Ilritten Icquesl.
1\11 propllsed lindings olI',ICl. cllnclusillns Df 1;111'. jlldgillents. orders ,\lId decrees ,lnd stich other papcrs i1S the eOllrt
111(1)" direct. shall be 1:lI"l:'pan:d in II'riting by till:' i1ttorney Illr the prcvailing party, if there is one.
(b) AmendlJlt'lll. Upon a purty 's lllotiol1 filed not Iilter than 10 days after service ofwrilten notice lJfentry of
jlldgl11cnt , the Clllirt rnay Jl11end it s lin<.iillgs or m<1ke additionallintiings and l11ay aillend the judgment i1ccordingly. The
l11tltillil Ill:.!} <1eCOlllpiiny a motion I()\".I new trialuntier Rlile 59. When tinuings lJr are made in actions tried without ,I
1 () JUI'y, the surticicncy or the L' l'idellce suppllrting the tindings l11uy later be questioned II-hether or not in the justice COLlrt the
party rai sing tile to tile tindings. l110ved to <1111end thenl. or 1110ved for partial lindings.
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(e) Judgment on Partial Findings. It' during a trialwitlllHlt aillry a party has been fully heind on an issue and the
Clllirt lintis 'Igainst the party 011 that issue. thl:' court may entel' judgment as ,I mellter of law against that p,ln), with I'espect
to a cl;Jilll or (Iel(:nsl:' th'lt C,1l1not LInder the controlling lall' be l11aintailled or del'cated without a lavor-able tindil1g on that
issue, 01' the co un lIlay declille to rendcr i1l1yiudgillent Ulltilthe close of'llI the evidellCe. Such ajudgment shall be
SUPPlllted by lindillgs lJi" 1;lct ,lIld COIIClusiullS of Iml as required by subdivision (a) of thi s rule.
Las Vegas had to enact and get approval from the Nevada Supreme Comt for
Rule 44 of the Las Vegas Justice Court Rules for a reason. That reason is that the
Summary Eviction process as set forth in NRS 40.253 simply does not allow for
1' ; ordering individuals in that setting to deposit any amounts into a court's rent escrow
(lccount. Why would Rule 44 of the Court Rules of Las Vegas, concerning rent
deposits relating to claims of un inhabitability under NRS 118A,355 need to be enacted
ifNRS Chapters 40 and 118a and Nevada's Justice Court Rules of Civil Procedure
Cluthorize<.1 Justice Court's Judges to order tenLlIlt's III the warp speed Summary Evictio
pmceeding dl\.:na to deposit Illollies into the Coun's rent escrow account. in apP<lrent
contl'adictil)f1 to Lhc rOlilld in NRS one has to wonder
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how Las Vegas Justice Court Rule 44 is was permitted in light of the legislature clearly
expressed intent, in writing, in NRS 40.253(6)': Maybe the Nevada Supl-eme Court
allowed Las Vegas Justice Court to implement Rule 44 in light of the historicially fast
and transient nature ot' lal'ge swaths of the population of Las Vegas at anyone time.
Pcrh<1ps, that is understandable and necessary in Las Vegas. However, it celtainly
not entitle a Chico, California neurologist to retaliate against a lifelong Reno
resident who has served as a Legal Aid Organization attorney merely because that
tenant does not appreciate having his home law office subject to the various problems
which NRS 118a.51 0 prevents Dr. Merliss from relatiating against the undersigned for
seeking redress for. These complai nts the undersigned is protection from retal iation
for reporting include: criminal mayhem, destruction of property, toxic mold
infestation, insufficient and damaged insulation, a broken window that has exposed
sharp shards of glass remaining attached to the caulking, broken kitchen sink disposal,
a fallen ceiling light fixtur. Additionally, a washing machine that twice flooded the
living room carpet, when repaired by and tlooded again by "Antonio" (who did not
clean up the water that !looded the tloors, the undersigned did, with the undersigned's
wct/dry Shopv(tc in lIdcJition to placing four fans out to dry the floors and prevent
Illolding of the carpet and its underlayment). <1 h<1ndym<ln who spoke next to no
[':ngl ish (when the undersigned cOlllplained 01' this he was cJccmeci "enLitlccJ" by Dr.
Merliss. \\ho repealedly chose to ray an unlicensed undocllmcnted wOl'kcd
(
who presumably was not subject to quite as many taxes as some other Reno residents
and was therefore able to provide competitive rates to Dr. Merliss). Dr. Merliss's
choice who to employ di ffered markedly upon the entrance of Casey Baker, Esq,
') I into the eqllation: enter Nash Pest Control et al). Additional protected complaints
included crumbling stairs to the front entrance of the home law oftice, rotting wood
and peeling grip strips on the wooden deck directly before the front door, crumbling
brick steps in the backyard, extreme noxious weeds sprouting up on both properties
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owned by Dr. Merliss (which also create extremely painful goatheads dried out weed
carcasses that are real hazard to dog's paws). Dr. Merliss remarked in writing about
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how much more he I ike deal ing with the undersigned's fonner co-tenant, Melissa Ulloa
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(who took Coughlin's share of the final two months she lived at the residence and
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to forward it on to Dr. Merliss, but who did subsequently arrange to make
payments with Dr. Merl iss, an interesting double dipping scenario being created
whereby Dr. Merliss could potentially recoup much more than he feels he is owed).
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Ms. Ulloa is half Mexicc1/l, her father has been a sort order cook tor over 20 years after
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... moving to the United States Zacatecas, Mexico. The undersigned has made a
protected complaint that he is being discriminated against 011 the basis of his inclusion
in several protected class. ie, his race, national origin, and sex. Where Dr. Merliss
lincis !'vis. L.lllo;.I a I'resh hrec/c, he tinds the undcrsigned an "entitled" thorn in his side.
"keeping him away I'rom lhe important \vork he is doing in his medical practice."
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Similarly, Dr. Merliss is unable to hold Darlene Sharpe, a temaile, or the Green Action
Law Service crew' and its owner, all Hispanic, accountable t(X the pl"Operty damage
they cause which Ms. Sharpe encouraged. despite the fact that the Green Action
Law Service crew was aware of the lawn carpeting at the undersigned's residence prior
to making their hid to work on the landscaping/weeds at that residence. That crew was
well aware of the lawn carpeting from the entire day 6 ofthcm spent weeding the
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house Dr. Merliss owns next door to the undersigned's residence (another headache
entirely considering the extreme nuisiance cleated by the Gl"een Action crew in taking
an hour and a half to dismantle an aluminum truck camper shell through the process of
banging on it with metal hammers and dropping bolders on it about 20 feet from
Coughlin's residence over 90 minute period, to achieve their stated goal of not "getting
charged extra by the dump"). The Green Action crew admitted to Coughlin (and
Coughlin was prevented from submitting video and audio recordings into the record by
Judge Sferrazza, despite the sal ient importance to Cough I in's counterclaims any
statements they made would have as to whether Dr. Merliss is responsible tor or
ratitied the property damage to Coughlin careful wool green law carpet installation,
which wns 1<1id. cut. and notched around the hOLlse and exterior fence in a very
exacting manner, only to be convel1ed hy the (,rcen Action crew and left in the street
,mel side\'v <llk the 11lluse, creating a thel"t and c,'(igcnt situation in which the
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undersigned's law practice sutlcred economic d<llnages and Coughlin was required to
tLike immediate to mitigate the dLimages.
If the Reno Justice Court wants to implement something similar to Justice Couri
Rule 44 of Las Vegas, it must have the nde approved by the Supreme Couri of
Nev:lda. See, Nevada JCRCP RULE 83. "RULES BY JUSTICE COURTS: Each
justice or justice COLIrt in a township with more than one justice, by action of a majority
of the justices thereof, may from time to time make and amend the rules governing its
pmctice not inconsistent with these rules. Copies orrules and amendments so made by
any justice couli shall upon their promulgation be furnished to the Supreme Court, but
shall not become effective until after approval by the Supreme Court and publication.
In all cases not provided for by these rules the justice courts may regulate their practice
in any manner not inconsistent with these rules."
Las Vegas Justice Court Rule 44 applies in Las Vegas. But that is Las Vegas,
and this is Reno. The two have always, always, been very, very different, providing an
excellent foil to each other. As such, the Reno Justice Couli should apply the
.. .' applic:lble law and not fashion orders that l?ssentially follow Las Vegas Justice COllli
Rule 44 until such time as the Reno Justice Court chooses to implement such a rule
and gets it signed off on by the Nevada Supreme Court. I personally hope they do not.
Our to\\I1, which [ hau..? livcu in almost cxclusivcly sincl? about Il)79, uocs not nced to
things fur slumlords \Vho do !lot GlI'C about OIH city Illerely see it as :l
II 11)"11 ' 11 1I \ '. Il ( I /{ \/()II<J'J 1(1 I \Y \11) 11 1) I()I{ '" l I I() ...,
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protit center tor their real estate enterprises. [do not get up in the morning and decide
I alll going to he a surgeon that day. One shouldn't seek to me a neurologist in Chico,
Cal dornia and presume that somehow magically all the duties attendant to a property
manager or actual landlord will just magically take care ot' themselves or be handled
and subsidized by the tenant. It is <1lllusing to heal- a physician repeatedly
seem to insist that the " importance" of their "work and medical practice" somehow
justities such an arrangement. Well, Dr. Merliss, people here in Iii 01' Reno are doing
important things too. One attorney, who served formerly tor a Legal Aid Organization
as a domestic violence attorney is now rather immersed in protecting tenant's rights in
Reno and throughout Nevada. That same attor'ney is busy working to protect the
interests of homeowners facing Trustee's sales, particularly now that the Nevada
Supreme COLlri has set a tone along with the Massachusetts in issuing the two July 7,
20 I I decisions (Leyva and Pasi lias) related to the forec losure mediation process and
the appl icabi I i ty of sanctions agai nst lender's agents who make representations not
based in fact with r'espect to assignments of mortgages or deeds and the extent to
\Vhich those rerresentatives have the authority to participate in the Joreclosure
mediation in good faith and the transparency and truthfulness evinced in those
representatives statements reg,1rdi ng whom they represent (one lender. a II the lenders.
the Trll ske'., 0 t' (ourse. it' the Reno J lIstiee Court impl ements its own version of Las
Vegas Justice COllrt' s Rule 4-l, think ofthc pnss ihilities! Why. pretty soon. we here in
i' \I (l l l (l I( H{ 111 .... \ I ' .... lll l "I) ()f{ \1( l l\() i\J III I \(l l l(l . I()I{ .... ' (\I(lN"
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Reno could have guys passing out prostitution pamphlets and tlyers to every tourist
they come across. We could have our ER shut down entirely. We could have a
horrifically bad college football team! Las Vegas is a city I dearly love, and it is where
[ wcnt to Imv school and passed the July 200 I bar examination with the Boyd School
oj" Law's charter class, a group of gamblers who went to the school prior to it becoming
accredited and while it was housed in the old Paradise Elementary School building on
Maryland Ave. However, Las Vegas faces enti rel y different challenges and
opportunities than Reno does, in fact, the vastness of our wonderful state presents truly
odd comparisons. Reno and Las Vegas are considered a SOlt of pair due to the state
lines, however, distance wise, that is sort of like saying people in Wassau, Wisconsin
and New Orleans, Louisiana have so much in common that the Justice Court's in those
cities can easily use the same rules. I do not feel that that is the case and it offends me
gteatly to see people who have rented a house for 20 years be subject to a retaliatory
eviction like that seen in Paullin v. Sutton, 1986,724 P.2d 749,102 Nev. 421.
The time-I ine o ~ ' Cough lin's written complai nts, establ ished in excruciati ng
detai 1 in the attache chronological collection of time stamped emai Is between land lord
and ten,lIlt clemly establishes J retaliatory motive and intent on Dr. Merliss's part.
Indeed, Dr. ivkrli ss on numerous occasions relCrred to the undersigned as "entitled'".
;\ rcLaliatory tlllill1uS is clcclll) cvincc in such statemcnts, and as such the actual
lLtlllages <'lll()\\l'<.1 under NRS I I < . l should be grantc(l, p:lrticularly in light o'the
I ; \ 1l ) I I ( ) \, I ( ) 1\ I ( ) "I I \ "1 1)f \ I) I ) I{ \ I (II II ) I ( I "I \ Y \ I< ) I I (l '\ I () 1\ " \ ~ <. II ( 1
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extremely bad tacts present in this case. Its embarrassing really. The landlord
and his attorney's have overseen a summary eviction proceeding that has included
impermissible "pop" inspections (for which they attempted to create clppearance of a
breach on tenant's part despite tenants express statements to the attorney and
v ideographer' who showed up to "i nspect cllld repai r" habitabi I ity issues that they were
not prevented from conducting there inspection. I t is curious that landlord's attorney
did not have his videographer fire up her recording equipment if Coughlin was really
behaving in the manner Baker alleges. The undersigned could go on for hours about
all the little curiolls acts and positions taken by Baker, Esq" including sending debt
collection notices not based in fact 01" law (Mr' . Baker can't be troubled to make
reasonably diligent inquiry, like reading the 20 pages of em ails Coughlin provided him
chronicling the written notices of habitability issues, the agreed to rent deducdtions by
his client, and the rent portions Baker's client has already recovered from Coughlin's
former co-tenant and the arrangemnets and agreements Dr. Merliss made in writing
'vvith that tortner co-tenant, Mel issa Ulloa, whereby Dr. Mer! iss and Ms. Ulloa made
alTanglllents for her to repay Dr. Merl iss the portions of rent for which Ms. Ulloa took
the unuersigneds usual share nt'the rent to t()lward it on to Dr. Mel"liss (as
'vas the co-tenants established pr:. 1Ctice for the 18 months in which they cohabitated at
the rcsidcncd ol'licc the ['cnteu from Dr. iVlcrli ss ). This is ,llso ,1 Motion to Strike
outr,lgeous ;llkg<ltions ur"lying" . Counsel 8,lkcr 11(Is instructed this Court that
II \f(llill I l ll{ \\11)\ \ 1) 1l\< \II )ll f ) It 1 \ \ \ 111I l( 1'< I C)I{" \ '< Iltl'"
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lhe Sellers does not aJ low for sanctions or attol'ney's fees to be awarded to pro se
litigants, even ones who are <.morneys licensed ill the State of Nevada. Nonsense.
:VOTE: .?!II '(/uling :l//orl1ey's Fees to Pru Se Litigants Under Rule II, June, 1997,95
Mich. L. Rev. :2308, Jeremy D. Spector.
Furthr, does 40.280 require l<lrldlord to tile a certificate ofl1lailing in addition to
\",hen a process server veri ties that the notice was taped to the door vis a vis N RS
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is held to strict adherence to procedural, notice, and service requirements.
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Further, disengenuollsly, Bak.er actually sought sanctions against the
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undersigned while also arguing the undersigned was precluded from receiving and
1 ') attorney's fees award or sanctdions award in I ight of the undersigned's pro se status.
How is that argument reasonably based in law? Does Baker have some "free pass" I
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do not know of that lets him throw a bunch of mud at a mall and >'see what sticks"
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where other attorneys would be sanctioned? Why would that be the case? Is getting
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sanctioned her and thre a "cost of doing business" that Baker and Richard G. I-li II,
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Esq., should be made to bare once in a while'? Can a pro se litigant, who happens to be
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<1ttorney licensed in the state where the ,1ction is brought, be sanctioned under NRS
even wher'e some prohibition may apply against an attorney representing
hil11scl f l'L'cci, 'illu tees'? thalnot ,111 untenable situutiull \vhere someone
,-, .
I ike [3,lkel' C<1I1 "1l<l\' L' it hoth \\.<.1VS"? \/. I-' OLlrth Judicial Dist. Ct., I 19 Nev. :2S(),
1 " .\ 1 ( ) 1 1 ( ) \, 1 I ) I{ 1 II "I 1 '\ Il l / \ \.I) ( II{ !\ 1( \ I I ( ) '\J I ( ) \ I \ 'I \!t ) II ( ) I ( )/ { \ \ ( II () N
71 P .3d 495 (2003), but, see: NOTE: Awarding Altorney's Fees to Pro Se Litigants
Under Rlile I I, June, 1997,95 Mich. L. Rev. 2308, Jeremy D. Spector. Baker cites no
on this or any other issu\? that lives anywhere beyond form motion, template
time, turn and burn practice of law. While Baker did manage to cite the Seller's case,
he quotes no language from it and seemingly makes not attempt to analyze its ruling.
He should have. Sellers speaks to awards of attorney's fees to prevailing parties in
civil actions. It does not purport to speak to attorney's fees awards stemming from
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Rule I I violation, a situation where the granting of attorney's fees to an attorney pro se
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litigant is more accepted throughout American jurisprudence. Simply put, the
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Seller's case is inapplicable and Baker should stop citing cases where he clearly has a
1 !J very shallow grasp of what they speak to.
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To wit:
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"states that have considered whether an attorney proper person litigant
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may be awarded attorney fees are di vided, with a sl ight majority
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such fees. Decisions approving fee awards to attorney proper
person litigants generally do so on the basis that an attorney is paid for
rendering services, if he "enders such services on his own
behalf, it results in as illuch pecuniary loss to him as ifhe paid another
atturney tu renLler the slime services. So, i '" lusing IXlrty Illust pay
;ltlorlley kL'S it should make IlO diiTcrencc whether the arc
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to be paid to an attomey representing or another attorney
employed by him. In short, "a lawyer's time and advice are his stock in
trade." ... We interpret NRS 69.030 to require that all proper person
litigants, \-"hether attornev or non-attorney, be obliu.ated to pay nttorney
fees as a prerequisite an award party attorney tees.
This interpretlltion gives effect to the Legislature's clear intent that the
prevcliling party in justice's court be reimbursed by the losing party for
out-ot-:"'pocket costs incurred to prosecute the suit. To interpret the
statute otherwise would require us to redefine what is meant by an
attorney tee, wh ich is common ly understood to be the sum paid or
charged I"or legal services. Because Matthews represented himsel t' and
did not payor incur any obligation to pay attorney fees, the justice's
coul1 exceeded its jurisdiction by awarding such fees. We therefore
grant. in part, the petition for a writ ot' certiorari." Sellers v. FOUl1h
Judicial Dist. Ct., 119 Nev. 256, 71 r .3d 495 (2003) .
NRS 69.030 "Prevlliling party allowed attorney's tee to be taxed as costs in
justice court. The prevailing pa11y in any civil action (It law in the justice cou11s of this
Stllte shall receive, in to the costs ofcoul1 as now allowed by law, a
atlorney ICc .. [ he I'ee sl1<.lll be lixcd by the justice and taxed as
costs against the losing IJ<ll"ty." So, lbker's big conlrihution to tile legal research
to
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required to rule on this case is to cite Seller's, which does not speak to whether a pro se
attorney receive ,lttOl'ney's tees pursuant to J Rule II sanction. The statute
involved does not apply here, either, where a Rule II Sanction motion is in play.
Further, even it it did apply, which it does not, Coughlin did "pay or incur any
obligation to P,IY <lttorney as he has stated in the Fact section that he paid to and
incurred such an obI igation to himsel f. Where Matthews may have not been exact
enough in his pleadings, Coughlin has been.
Further, Baker has unj usti tiably redacted several p011ions of his bill and is
apparently currently trying to charge Coughlin at Baker's hourly rate as an attorney
whenever Coughlin exercises his statutory right to contact the landlord (in this case,
the land lord is a represented party, as such Cough! in has asked Baker for an
appropriate party to repol1 habitability issues to who is not billing at the hourly rate of
a licensed attorney for such simple matters as coordinating the repair of a broken
window). The next two cases establish that such statements do not need to be
produced or can be selectively redacted, as long as there is othel' evidence that
adequate describes the services rendered or from which claims apportionment can be
reviewed by the tri<'ll cOlll1. Gregg v. Revelle (Gregg I), 2004 WL 2601780 (4th Dist.,
Div. I Nov. 17.2004) (unpublished). Ideal is entitled to discover the intonnation it
relJuires to appraise the of the <'11ll011nt of rees requested by I FIC,
including the 11llture e'(tent nt'the \\ork done by IflC's counsel on various plwses
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of the case, so that it may present to the court any legitimate challenges to IFIC's
claim. See Nation<ll Ass'n of Concerned Veter<lns v. Secretary of Defense, 675 F.2d
1319, 1329 (D.C. Cir. I FIC ll1<ly opt to withhold hi II ing statements under a
claim of attorney-client privilege; however, where IFIC's assertion of a privilege
results in the withholding of intlwmalion necessal'y to [deal's defense to [F[C's claim
against it, the privilege must give way to Ideal's right to mount 3 defense. Under the
common-law doctrine of implied waiver, the <lttorney- client privilege is waived when
the client places other\vise privileged matters in controversy. See 6 James W. Mool'e,
et aI., Moore's Federal Practice s 26.49[51 (3d ed. 1997). This court explained the
rationale underlying the implied waiver doctrine in [n re Sealed Case, 676 F.2d 793
(D.C. Cir. 1982): [mpl ied waiver deals with an abuse of a privilege .... Where society
has subordinated its interest in the search for truth in favor of allowing certain
information to remain confidential, it need not allow that confidentiality to be used as a
tool for manipulation of the truth-seeking process .... [A party assetting attorney-client
privilege] cannot be allovved, at"ter disclosing as much as he pleases, to withhold the
Iemainder. ld. at 807 (quotation omitted). This is patticularly true where, as here, a
pi.1rty partially di sc loses the allegedly privileged information in support ot- its claim
<lgJinst <lnother, bllt then asserts the pl'ivilege as a basis for withholding from its
opponent the remainder or the informJtion \\hich is necessary to dckncl i.1gainst the
claim. /\cCOI'(1 United SUtes \'. Western Co., 132 f.R.D. 1,] (D.D.C. 19(0)
..
\1(lllll'\ l tll{ Ill"l l \" 1111 \ r-.. tlll({ I(III() 1\ 1 .... 1 \ Y \itlll l l'I()I<"\'\, ( 1[( ''\
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(where client placed counsel's actions at issue, client was precluded fl"om asserting
work-product privilege l1S LO zlIly documents that under"mined client's position while at
the SJll1C time producing work-product tlwt suppmted position); Byers v. Burleson,
100 F.R.D. 436, 440 (D.D.C. 1983) (attorney-client privilege impliedly waived where
privileged information is necessary to resolve pr"ecise issue which party asserting
privilege interject- ed into the case); Wender v. United Services Auto. Ass'n, 434 A.2d
1372, 1374 (D.C. 1981) (by asserting its reliance on advice ot' counsel as a material
element ot' its ddense, party wnived the attorney-client privilege with respect to all
communications to or t'rom counsel conceming the transaction). By claiming
i ndemni j'ication 0 t' attorney's tees from Ideal and ofteri ng the bi II ing statements as
L' l evidence of the same, IFIC waived its attorney-client privilege with respect to the
redacted pmtions of the billing statements and any other communications going to the
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reasonableness of the amount of the tee award. See In re Sealed Case, 877 F.2d 976,
980-81 (D.C. Cir. 1989) ("[A] waiver ot' the privilege in an attomey- client
communication extends to all other communications r"elating to the same subject
matter." )
Baker submitted some bills, with several redactions, in an attempt to support his
motion for S'll1ctions. Haker did not howcver, submit any proof that Merliss actually
]""la id thc hill or othcr'wi sc ubligLltcd hil11 sel fto PJy it. ;\s sLlch, hi s motion should be
dcrlicd .
2(1 \ J( l llfl " l llI{ I I ) II '1 11I \ Il, 'I<\ \III\I) \j I C), 1 ~ \ \l IIII)'\,\ ( lI{'-,,\ 't I II ) ,
B. MERLISS AND BAKER SHOULD BE Sanctioned FOR HIS FRIVOLOUS AND
VEXATIOUS FILING AND MAINTENANCE OF THIS PROCEEDING
Even though he has pulled the 5 Day Summary Eviction he tried get over on
Cough I in in REV20 1 1-1492, al beit too late to avoid committing sanctionable conduct,
Baker still asked the COUIt to let him win on it, cmioLlsly. How many coaches pull
h their players otTthe tield, tell them to go to the locker room for good, then plead with
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the referee to change the scoreboard to rdlect a win for the team that quit? Why serve
the Summary Eviction in the tirst place it' one did not intend to proceed with it? Could
it be Merliss was just hoping to sneak one by Coughlin and the couli? As set forth
above, Baker's motion is tatally tlawed, and not warranted by existing law or any
argument for change to the existing law. Cf., NRS 7.085( I), RPC 3.1.
Baker continues to schlep his legal stylings without any regard for proper
procedure, controlling law, or this court's orders (the one's that actually bare ajudges
signature, not just his printed name 011 non pleading paper). FUliher, Baker seems to
lose interest in citing precedent whenever it would require an actual trip to the law
library, ['ather than just regurgitating rotely, template style, the most basic and broad
rules ot' la\v statutes involved. His intent in doing so is obviously only to vex tor
money, and to G1Llse Coughlin annoyance worse. Merliss and Baker's actions are
so Lu" outside thc ballpark or protessiol1<11 conduct, and so smacking of
chop si1()P, by liccnscu so to Ilwke it easy not to resort to "know it when 1
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see it" vagueness or ad hominelll attack, but rather to allow simply stating some
precedent and applying the facts to it. IRAe. Baker subpeonas multiple witness (Nash
I.)est Control) who do not even have anythign to testify about. [fthe Least Agreement
requires 48 notice, perhaps writen, the how is sending Nash Pest Control Iss than 20
hours alter Merliss sent the tell<lllt 8nd "email" possibly in compliance with the notice
requirements such "pop" inspections? [t is not. So why waster Nash Pet Controls
time and someone's money to both send Nash Pest Control to the residence, then to the
court, as well as push a bunch subpoenas allover the landscape and filing office
desk? [t may look like legal work, but are you sure it is? Baker, and perhaps, Richard
G. Hill, Esq., should be sanctioned under NRS 7.085( 1) tar his callow incompetence
and vexatious conduct. Coughlin has actually, reasonably and necessarily incurred at
least $5,000 in the preparation of the pleadings and court appearances he has put tarth
so far in this matter, and in dealing with Baker's regrettable, declasse conduct in this
matter. Baker should be sanctioned in that amount, plus any fees incurred in drafting a
reply in SUppOl"t ot'this Illotion, and pl'eparing 1'01' and attending any hearing. Oh,
yeah, also, 8aker's client Iwd the electricity shut the residence in the middle of
the live (lay period for \vhich Cough I in was entitled to ti Ie a Tenant's Aftidavit to
avoid evictioll . 011. the same day, Baker and a videographer showed up to the
hllll1L' ILl\\' llJ'licL' to lill <l \i<.\eotapc(1 "inspection" anu to "1,\" habitability issucs, only
" \1(111 (1\. l l)({ 11l\1 1' 111 1 \'\I ) IIH \I( ) I IC)\. III 1 \ 1 \it l l l f) i ()I<\ \ ' ( I I ( ) \
to make some lame 8ttempts to tind a breach rather than just conduct the inspection
they had billed hours on to arrange.
NRS 40.253 specitically provides that ifyoLi paid the rent or tried to pay the rent
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(called "tendered the rent" in legalese), then you have a legal de fense to a pay rent or
quit eviction. NRS IISA.355 allows you to withhold rent it'( I) your dwelling violates
,; NRS 11SA.290 (Nevada's habitability law), (2) you have provided written notice to
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your landlord, and (3)your landlord has not tixed this problem or attempted to fix the
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problem within 14 days . See the section of habitability law for further details. If the
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landlord has tixed or attempted to tix the problem, or you are not current with the rent,
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you cannot withhold !ent. Also, NRS IISA.355 requires YOLI to deposit your rent with
] ~ , the court when you tile your affidavit. The cou11 will determine when the landlord will
get the rent,
N RS I ISA.490 allows one to offset or subtract from your rent any amount the
landlord owes you under your lease, NRS Chapter liSA, or other applicable law. To
have a defense to a nonpayment eviction, this offset amount must equal or exceed the
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!'ent you owe to the landlord. Coughlin incurred at least $1,000 in da1ll8ges in lixing
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the si tuation created by Merl iss, Darlene Sharpe, and Green Action Lawn Service
incident to the mayhem and conversion of the woolen green lawn carpet. Coughlin
iYkrliss rcspoll sihle It)!" Green Action <' Ind Daricne Sharpes conduct. \vhich he ratified .
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Similarly, in addition to the penalties allowed for interruption of essential services
($1,000, such as, here, for electricity, turn o ~ r during the 5 day period allowed for

filing a Tenant's AI-'tidnvit) Or. I\!Icrliss should be responsible for the consequential
dal11ngcs incident to the electricity shut off. Some $400 in perishables and groceries
were ruined by hnving the power shut off un-noticed by NV Eneregy nnd Dr. Merl iss,
Dr. Merliss enjoyed the ability to control the account, he should be accountable for the
un-noticed interruption. The full $ I ,000 should be awarded, in part for the $500 worth
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of perishable and groceries spoliating, but further for the business and opportunity
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costs to Coughlin occasioned by the emergency situation created by Merliss's and NV
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Energy's un-noticed shut off of an essential service, electricity, to Coughlin's home law
office. NRS I 18A.390 allows tenant's to sue the landlord for $1,000 in statutory
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damages, plus actual damages. Merliss should be ordered to pay the full $1,000 in
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statutory damages, pi us actual damages of nnother $2,200 dollars ($400 in perishables
and groceries lost, plus 5.5 billable hours attorney time at $200/hr, plus a $700 red
adult male GLlI'Y' Fisher Mountain Bike \-vas stolen from Coughlin's back yard upon NV
Energy's lIll-noticed entrance into the backyard, which is gnted, and exiting lenving the
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gnte wide open, The Lense Agrement is clcal' in holding Dr, Merliss responsible fOI-
such damages to Coughlin's propcI1y, Counsel Baker made a big deal about the
"frcedom to contract", and clearly Dr. Merliss I'reel), entered into ,1 lease \-vilh a
li,lbility l)f'Ovi sion lh,lt is now working against him :lIld hi s crude, vexatious methods.
~ \!(ll ill 1I 1I \ I (l I I , " " l l.' ( ) (l l, \ 1() I I(l\' 111 .... 1 \) \tcl ll (l\' 1(11{ \ '-i (II !), ....
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It is not clear to Coughlin that anything in NRS ll8A or elsewhere actually
requires Coughlin to deposit anything into a "rent escrow account". The $2,275
Coughlin was forced to deposit in the Court's rent escrow account should be returned
to Cough! i n at once. Cough I in did not proceed under the procedures for withholdi ng
Iellt. Absellt minded, not detailed oriented, out of the country landlord Merliss simply
decided he was O\,\,oed rent from two and three months prior to his making demands for
it, never mind the rent deductions he agreed to in writing and the property damage for
which the Lease Agreement which Merliss freely entered into holds him liable.
The statute is pro-landlord enough without everybody and their brother interpreting,
enforcing, Note Replying it, and otherwise vexatiously seeking to leverage it against
Nevadans, legislating from the tiling oftice desking, faxing it ex parte to opposing
counsel, attempting to get an ex parte emergency Order requiring Inspection, perhaps
even one that did not have the service it purported to have in the Proof of Service
attached to it in the version sent to Coughlin, whereas the version in the Court's tile
lacks a Proo f of Service, much less a USPS Certi ticate of Mai I ing, and the ti Ie further
seems to have somehow had a signed Order by Justice of' the Peace Clifton, apparently
buttressed I.Ipon a Proof of Sel'vice was not led, curious, very curious. The less said
anout troglodyte process servers descending upon citizen's back yards and homes and
pl:lying cirums on their \villdmvs I"or, say, 40 minutes aL a Lime, 3 times a day, the
hetteL \\hile <lllllouncillg tilemselves ill a misleading manner intended to <lpply the
" \1( 11 1< 1'l1( )1{ I ( ) -; I I \""l l 1( 1"1 \ (lll () 1\11<\' t 11110. '-.
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power or color to any demands they issue in a loud, belligerent, Totalitarian,
Authoritarian voice while wearing a suspiciously close in color and cut
to those typically worn by members of law onice, specifically those with the Washoe
County SheritTs Onice, S'.1l1le brown and tan. Service must be done in a peaceable
maimer. NRS 40.220 3nd NRS 40.253(5)(b). Any lease provision broader than thi s in
k allowing is void as against public policy. 49 Am Jur 2d at P. 314. J
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could be dead wrong about these legal issues, but. .. 1 promise you [ will make sure the
Nevada Supreme COUIt tells me that before [ will give up on this case, you have my
solemn vow.
Nev. JCRCP RULE 104. NOTICE OF HEARING
Prior to the holding of a hearing for summary eviction, the justice shall determine
the method of service of notice of the hearing on both parties. The date of service of
the notice shall be calculated to the palties suHicient opportunity to prepare thei
cases and be present at the hearing. A justice COUIt may enact rules requiring landlords
to provide additional information to tenants on the notice eviction, and such rules
shall not be subject to the provisions of Rule 83 .
It is not cleJr how Nevada JCRCP relates to JCRRT 2's contention that nothing
in the .JCRRT applies to landlord tenant actions ... yet, the Reno Justice Court
O!'tice Ol'ders temnt s to them, to cOl11e dO\\11 the ncxt Jay submit to service,
ctc . Where Jo sllch l'UIeS or policic,) stel11 I'rom'.)
(, \ It I I I ( l'\j I (11< I ( I "I , \" 1\ ) I \ '" I I l J{ \I()" ( ) \. I ( I " I \ Y \ 1 ( ) II () I ( I J{ " (" ( ) \. 'i
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The Justice COLll1 Rules of Reno Tl)\vnship clearly state, in Rule 2, that they do
not apply to landlord tenant matters. So, where does this office get the authority
IDr ordering tenants to call them or come down and be served and otherwise enable
these summary eviction proceedings to proceed at warp speed? Qui Tam?
Nev. JCRCP RULE 109. "SETTING OF TRIAL IN ACTIONS PURSUANT TO
N RS 40.290 .. . (a) I n no case shall a trial on the merits be set less than 20 calendar
days after service of summons and complaint." Coughlin cited this rule in open
COLll1 on October 17'1\ yet counsel Baker informed the Court that it did not apply to
eviction actions. It certainly does apply. Now, the "trial " set fDr October 25
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arguably no longer a summaty eviction proceeding under NRS 40.253, as such, the
requirements of a plenary unlawful detainer action must be followed. Further,
evada's JCRCP Rule 109 applies, and the "trial" date of October 25
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does not
comply with the dictates of Nev. JCRCP 109. As such, Coughlin states his objection
to this trial the record. Indeed, there has been no "service of summons and
complaint" in thi s matter, yet, Coughlin is being subject to all SOt1S ofplenaty
requirement s without , seemingly, being 8ffDrded any of the plenary protections of full
ul1lawt'ul detainer actions.
Ten:::lnt asks this Courts to 8ward him his actual damages as well as the $1000
hy N RS I I RA.51 0, another $1,000 I()r N RS 1 18u. J90, in I ight of the
c\' ic tion thre<. lts made hy the Landlord, another $900 in light
,-
_I \t () t tl ) I ll l{ It ) "1 1 \ " 11) 1 \ 1) (11{ v il l ll l )'. I t )" ! \Y \1 ( 11 10 '. I (If{'-; \ , ( II()I\J <..,
118A.360. ($500 mold infested insulation. $150 window repair. $250 deck and back
patio stairs repairs after well beyond 14 days passed between the numerous written
notices sent to Dr. Merliss, all of which went received no response). It is important to
note that Dr. Mer! iss agreed to modi fy the rental ag[eement with respect to the $1,250
for the repair of the crumbling tlont stairs. $700 for two different seasons worth of
11 weeding (one season was explicitly agreed to in writing, argu8bly allowing for an
amendment. waiver, or [atitication being [ead into the lease justify awarding the other
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seasons weeding expense of another $350, for a total of $700), as well as $125 for
repairing the kitchen garbage disposal (these amounts were agreed to in writing by Dr.
Merliss. see Exhibits on tile of em ails between landlord and tenant).
WHEREFORE, tenant, Zach Coughlin, seek an Order that Merliss and Baker be
sanctioned in the amount of $6.000.00, as and for the attorneys' fees incurred by
Coughlin in responding to Merliss's motion, plus any fees incurred in litigating this
matter; and for such other, further and additional rei ief as seems just to the court in the
premises, including the award of$5,775 (representing the various rent deductions,
statutory reta I iation damages/penal ties, actua I damages, consequential uamages, and
prope,-ty damage caused by Mcrliss).
A landloru may not evict a tenant in retaliation for the tenant m k i n ~ a good
faith complaint abollt the violation of a hOllsing code, a health code, a criminal
law, or the Fair HOllsing /-\ct to either a governmental agency, the landlord or
' X t ( ) I I () I I ) I{ I ( I " I I \ ...." I ) t \ " t ) { I !{ \ 1 (J 1 I ( ) N t ( ) "I \\ \11) I I (I I () l{ . \ , l I I () I\J...,
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law enforcement or has sued the landlord for such violation. NRS 118a.51 0:
Retaliatory Conduct prohibited: Complaints retalio.ted <lgainst for: NRS 118A.335
Landlord prohibited employing certain persons without work card under celtain
circumstances; ,equ ir-cments govern ing iSSL/,lIlCe and renewal of work card; exceptions.
Noxious weed ordinance: Reno City Charter reference- Authority to adopt
0) uni form codes, 2.1 10. Sec. 14.04.100. - I nternZltional Residential Code. The 2006
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Edition of the International Residential Code including Appendix Chapters G and H
Copyright 2006 by the International Code Council marked as "Exhibit C"; together
with such changes to the Residential Code, as are necessary to make the same
applicable to the conditions in the city which are marked "Exhibit 8"; all of which is
adopted by reference and incorporated herein and made a pali hereof as if set forth in
full. (Ord. No. 6092, 3,2-1 1-09) (109) State Lavv refer'ence- Authority to adopt
uniform codes, NRS 268,012; city building codes, NRS 268.413, 278.580 (noxious
weed ordinance, insulation requiremeents, porch landing safety issues). International
Residential Code 2006 as adopted by City of Reno Charter with 20 I 1 weed height
amendment: "302.4 Weeds. All premises and exterior property sh<lll be maintained fre
l'wlll weeds or pl<lnt gl"Owth in excess of' 8 inches in height. All noxious weeds shall
be prohibited. Weeds shall be detined as <III gro.sses, annual plants, and vegetation,
other tht\1l trees or shrubs provided,; however, Lhis krm shall not include cultivated
Ilowers and
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Insulation mold: a. The minimum R-value for ceilings is further based on a minimum
6-inch (151 mm) heel height to allow the ceiling insulation to extend over the top
plate. b. The minimum R-value I'or basement wall to be applied at the time of finishing
the basement. c. R-values are minimums. U-tactors and SHGC are maximums. R-19
insulation shall be permitted to be compressed into a 2 x 6 cavity. d. The fenestration
U-I'actor column excludes skylights. The solar heat gain coefficient (SHGC) column
applies to all glazed fenestration. e. R-5 shall be added to the required slab edge R-
values for heated slabs. For SI : 1 Btu/hr (hr-feet2F) = 5.68 W/meters2 K; one (hr-
foot2F)/ Btu = 0.176 meters2 K/W Exception: Qualifying buildings which have
installed therein either a high-efficiency gas furnace having a minimum 90 AFUE
rating, or high-elliciency heat pumps having a minimum 8.0 HSPF and 13 SEER, shall
be permitted to apply the high efficient trade-off listed below for exterior above grade
walls, basement walls, slab perimeter insulation, and crawl space walls. All other
tactors remain the same:
Fair Housing statutes alleged violated incident to the discrimination based on
race, sex, and national origin. (109) Case law reference- Re City Ordinance No. 434,
oui Ieli ng mdi nance, in dTect 1939. State ex. rei. Roman Cathol ic Bishop 0 t' Reno v.
Hill, 59 Nev. 23 L 90 P. (2d) 217 (19]9) NRS 205.345 Destruction or removal of
personal prorcrly upon which security interest or lease exists. NRS 205.380
Oblaining mOtley, l)lTlpeny, rent or labor hy t ~ l s e pretenses. Nf{S 205.980
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Determination of value ot' loss fmm crime; notice to victim; order of restitution
deemed judgment to collect damages. NRS 205.0832 Actions which constitute theft.
NRS 20S.220 Grand larceny: Except as otherwise provided in NRS
205.226 and 205.228, a person commits grand lal'Ceny the person: NRS
206.040 Entering property with intention to damage or destroy property. NRS
205.270 Penalty for taking property from person of another under circumstances not
amounting to robber'y; I.imitation on granting of probation or suspension of sentence.
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NRS 206.3]0 Placing graffiti on or otherwise defacing property: Fines and
penalties; parent or guardian responsible for tines and penalties if person violating
section is under age 18 years; sllspension of driver"s license. NRS 206,]30 Placing
graffiti on or otherwise defacing property: Fines and penalties; parent or guardian
responsible for tines and penalties if person violating section is under age of 18 years;
suspension of driver's license. I. Unless a greater criminal penalty is provided by
a speci tic statute, a person who ph.lCes graniti on or otherwise defaces the publ ic or
private propel1y, real or personal, another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty ora misdemeanor. (b)
Where the of the loss is $2S0 or more but less than $5,000, is guilty ofa gross
111 isdemeanor. (c) Where the value of the loss is $5,000 or more or where the
results in the illlilairillent o['public cOllll1lunication, or police
,lIld tire protectioll, is guilty 01',) ccltegory ,mel shall be punished as provided
, I Hllll) l (l l< l(l .... 1 1 \ "11>1 \ '\I)lll{ I nl li) 10 1 \', ,\[ (l l l ()I\J 11li'{" ,\\J( I H)1\."
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in N RS 193.130. I f the court grants probation to such a person, the court shall require
as a condition of probation that the person serve at least 10 days in the county jail.
2. Ira person commits more than one pursualll to a scheme or continuing
course of conduct, the value of all property damaged or destroyed by that person in the
commission of those offenses must be aggregated for the purpose of determining the
penalty prescribed in subsection I, but only if'the value of the loss when aggregated is
$5,000 or more. 3. A pel'son who violates subsection I shall, in addition to any
other fine or penalty imposed: (a) For the first offense, pay a fine of not less than
$400 but not mOI'e than $1,000 and perform 100 hours of community service. (b)
For the second offense, pay a fine of not less than $750 but not more than $1,000 and
1', perform 200 hours of community service. (c) For the third and each subsequent
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o pay a fi ne of $1,000 and perform 200 hoUl's of community service. E The
community service assigned pursuant to this subsection must, if possible, be related to
1 q the abatement of grat'titi . 4. The parent or legal guardian of a person under the age
of 18 years who violates this section is liable for all tines and penalties imposed
ag3inst the person. I f the parent or legal guardian is unable to pay the and penaltie
from a violation of this section because of financial hardship, the coui1 may
require the parent or legal guardian to pert()rm community service. 5. lfaperson
who is I years or older is "ound guilty ofviol<lting this section, the COLll1 shall,
in to all Y other pen,1lty illlrosed, issue <1n order sli srencling the driver's license
the persoll ['or not less thelIl 6 months but Ilot more thelIl :2 years. The court shall
require the rerson to SUITeilder all dl'ivel"s licenses then held by the person.
perSOIl does not possess J driver"s licellse, the court shall issue an order prohibiting the
persoll ['rolll ['or a driver's licellse for not less than 6 months but not more
tlwn .2 yccirs. The COUIt slwll, within 5 davs alter the mder, to the
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Department of Motor Vehicles any licenses together with a copy of the order. 6.
The Department Motor Vehicles: (a) Shall not treat a violation of this section in
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the manner statutorily required a moving trat'fic violation. (b) Shall repOI"t the
suspension ot'a driver's license pursuant to this section to an insurance company or its
agent inquiring about the pel"son's driving l'ccol'd. An insurance company shall not use
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i', any information obtained pursuant to this paragraph purposes related to
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establishing premiulll rates or determining whether to underwrite the insurance. 7.
1 M
A criminal penalty imposed pursuant to this section is in addition to any civil penalty
or other remedy avai lable pursuant to another statute the sallle conduct. 8. As
used in this section: (a) "Impclirment" means the disruption of ordinary and
incicient(ll scrvices, the tcmportlry loss of usc or the I'emovtll of the property t'rom
service lor repair ot' cI(lmtlge. (b) "Value orthe loss" means the cost of repairing,
restmillg or the IlI"openy, inclllliillg, \\ithout lillliUltion, rhe cost
anLi Idhnr to repair. I'estme or rcpldce the itclll. NRS
1\:rSOll m clltit\ to he ii' rcstitution is Ol'liL'I"L'l1 lex 01' NRS .2()().125 or
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206.330. I f a court orders a person who violates the provisions of NRS 206.125 or
206.330 to pay restitution, thc person shall pay the restitution to: I. The owner of
the properly \vhich was allected by the violation; 01' 2. If the violation involved the
plocing on any public pmpeJ1y, the governmental entity that incmred
c'\penses lor removing, covering or cleaning up the graffiti. See Exhibit 2.
All these violations were complained in wl'iting to Dr. Merliss . Please see the 30
some odd pages of cillai Is between landlord ::lI1d tenant attached to Tenant's Answer in
both rev20 I 1-001492 zlIld rev20 1-00 1708.
PLEASE NOTE: In addition to raising the above issues as a defense in an
eviction action, you may also sue for actual damages and punitive damages for up to
$1,000.00. See NRS 1 18A.51 O. Merliss and his counsel have disclaimed any right to
I'eceive any back rent, ['efusing to even assert they ar-e owed any. As such, no notice to
Coughlin was ever served that this proceeded would involve such a defense or
determination and it is improper to award any rent to Merl iss or the Court's rent escrow
account. However, it is important to note that former co-tenant did pay Merliss
approxim<:ltely $600 for May, 2011 and $350 June, 2011, as such, Merliss must be
prevented "double dipping".
AFFIRMATION Pursuant to NRS 239B.OJO
Tile ull<.lcrsigllcd dOL'S hCl'cby ai'rirlll that the rrcccclillg <.locull1cnt does not contJin
[ile sec urit y 11 LI 111 her ()/. PCI SOll .
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DATED this l,)th dny of October, 20 I I
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hlin
Znch Llghlin
Tenant/Coun terclaimain t
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PROOF OF SERVICE
I, Zach Coughlin, declare:
. -zG \- v,--
On 2011, I, Mr. Zach Coughlin served the foregoing Motion for
Summary Judgment/ Motion for Sanctions/Trial Statement by personally serving (or
making teasonable attempts to ascertain the parties emails and taxes and have the
p<1rties served pursuant to the granted In Forma Pauperis Petition and so emailing or
faxing) a true copy thereof to:
Richard G. Hill, Esq.
Casey D. 8aker, Esq.
652 Forest Stteet
Reno, NV 89509
cclbaker((! .. rich<.1rdhi Ilaw.com
rhi 11 0 )richardh i I L.1w.com
Matt Merl iss phone number is: cell 530 521 6639 or home 530 893 9343
Attorneys for Matthew Merl iss
Darlene Shat-pe, CRS, CPDE, SRES, ePro and
Dickson Realty
R825 Silver Dawn Ct.
Reno, V 89506
dsharpe0 )d ic kson rC<l1 ty .com
stars@softcom.net
Tel: (775) 850-7000 Oftice: (775)850-3147
Cell: (775) 338-4102 Fax: (775)850-7011
Green Action Lawn Service-
2551 Wolf Creek Dr.
Reno, N V 89523 Note: the COlllt'S ofticial ti Ie contains returned mai I sent
to this address (775)829-0485 (NOTE: this Ilumber is not working)
Dated this 2.5
'11
ol October, 2011
' (I \1( ) I I( l Il lf{ II) 1 1'\1 1)1.\ l )( lR $) lln'l I(I '-, IY\ \l$l f(l , I ( )I{SY (1 In , "
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IN THE JUSTICE COURT OF
COUNTY OF WASHOE. s l1i 1tflV:lJ1
MA TTlIEW MERUSS,
Landlord. Case No. REV 2011'()()170g
".
Depl. No.2
ZACHARY COUGHLIN,
Tenant.
I
ORDER fOR PREPARATION OFTRANSCRIPT
AT PUBLIC EXPENSE
IS
Defendant above-named hIlS mO"cd the coun for its order requiring the prcpanllion of
the transcri pt 01 the record ot the proceedings in the Boovc-caplioned case at public expel'jse.
The MOlion is based upon the Defendant's indi gene), and inability to p;iy the COSLS of the
16 transcript . Based upon the MOlion and good cause appearing.
17 [T IS HEREBY ORDE thaI a I cri PI of the record of the proceedings be
"
prepared and furni slled \0 Defendant ",
19 IT (S FURTHER OROE at the cost 0 script be charged to and paid from
General ledger Account No.7) 36 in the General Fund Count)'. Nevada.
20 ;.::l<>-. ; <,<,1 ./70 FY./,'-''d
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DATEOlhis day of .20_.
h::;

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LAW O",ICE
RICKARD G. HLL
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
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COUNTI OF WASHOE, STATE OF NEVADA
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MATT MERLISS;
12 v.
Plaintiff/ landlord, l
)
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13 ZACHARYBARKERCOUGHUN;
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Defendant/ tenant.
)
Case No.: REV2011-001708
Dept. No. 2
FINDINGS OF FACT, CONCLUSIONS OF LAW,
16 AND ORDER FORSPMMARY EVICTION
17 This matter having come on regularly for an evidentiary hearing pursQant 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 ajury; the plaintiff/ landlord, Matt
20 Merliss ("Merliss"), having been present, and represented by counsel, Richard G. Hill,
21 Chartered and Casey D. Baker, 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 submitted to the Court for a decision; the Court being fully informed in the premises
25 and good cause appearing therefor; the Court herewith enters its findings of fact,
26 conclusions oflaw and order for summary eviction:
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FP(715) 348-08S8
57 t'

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FINDINGS OF FACI
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4 Nevada (the Property").
5 2. The tenancy at issue commenced on March I, 2010, and was fora term Of12
6 months.
7 3. The rental agreement terminated by its terms on February 28, 2011.
8 Thereafter, Coughlin became a month to month tenant pursuant to NRS 118A.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 month-to-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 No-Cause
,
15 Ter'mination Notice to Vacate NRS 40.251(1) upon him, which notice was admitted into
16 evidence 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 within 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 Five-Day
22 Notice of Unlawful Detainer For Failure to Vacate Rental Unit - NRS 40.251 (No-Cquse
23 Termination) and Notice of Summary Eviction - NRS 40.254, which notice was admi.lled
24 into evidence at the hearing. The court specifically finds that service of that notice was
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25 proper pursuant to, and for all purposes contemplated under, NRS 40.280.
26 8. Merliss' claim for reliefof possession of the premises was authorized by law.
27 III
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LAWOFFlCE
RICHARD G. Hill
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1 9. Coughlin alleged, as a legal defense to the summary eviction, retaliatory
fi.
2 conduct by Merliss undervarioussubsectionsofNRS u8A.SlO. Coughlin's alleged defense
3 was further based, in part, on what he identified as "habitability" issues, and his
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 othenvise. Specifically, the court finds:
. 9 10.1. Coughlin failed to present any evidence that he "complained in
10 good faith of a violation of a building, housing or health code applicable tothe premises and
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11 affecting health or safety to a governmental agency charged with the responsibility for the
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12 enforcement of that code" as required by NRS 118A.S1O(1)(a).
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13 10.2. Coughlin failed to present any evidence that he "cornplaine'ci in
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14 good faith tothe landlord or a law enforcement agency of a violation of[NRS Chapter u8A]
15 or of a specific statute that imposes a criminal penalty" as required by NRS U8A.S1O(1)(b).
16 10.3. Coughlin failed topresentanyevidencethatpriorto 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 u8A] respecting the habitability of
20 dwelling units" as required by NRS u8A.SlO(1)(e).
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21 10.4. Coughlin failed to present any evidence that he had "complained
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22 in good faith to the landlord, a government agency, an attorney, a fair housing agencr 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 hard] otherwise exercised rights which
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25 are guaranteed or protected under those laws" as required by NRS 118A.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 118A.290, or otherwise, with respect to any of
28 / / /
(775) 348-0868
Fax(716) 348-Q858
3
LAW OFFICE
RICWARO o. ItI.L
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the alleged deficiencies identified by him. Those alleged, but unproven, deficiencies
,
included, but were not limited to, the front and back steps, any broken window, any alleged
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mold, any falling insulation, the garbage disposal, and any weeds on the Property. '.
n .1. With respect to any weeds on the Property, the court further
5 specifically finds that the maintenance of the surrounding grounds. including weed control,
6 was the sole responsibility of Coughlin under paragraph 220fthe parties' rental agreement.
7 12. Coughlin failed to present any evidence that he complied, or that Merliss
8 failed to comply, with any requirement set forth in NRS n8A.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 otherwise, and that all sums
<
12 heretofore deposited by Coughlin pursuant to the Court's order dated October 13, 2011,
13 rightfully belong to Merliss as and for past due rent.
,
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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 CONCWSIONS OF LAW
18 The Court concludes the following as the controlling law in this case:
"',
19 1. The Court has jurisdiction over the parties and subject matter of this case.
,
20 Venue is appropriate in this court.
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21 2. The ultimate issue before the court at the referenced hearing was the r,ight
22 of the landlord, Merliss, to immediate possession of the Property. NRS 40.254. NRS
23 40.253(6).
24 3. The purpose of the hearing was to "determine the truthfulness and
25 sufficiency of the tenant's and the landlord's affidavits," to determine whether there is any
26 "legal defense as to the alleged unlawful detainer," and whether "the tenant is guilty of an
27 unlawful detainer". NRS 40.253(6).
28 III Re(>o. S8606

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LAWOFI'ICE
RICtWUl G. HILL
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1 4. Merliss met his burden of proof, by a preponderance of the evidence, to
2 establish that Coughlin was guilty of unlawful detainer ofthe property as of SeptemJ>er 27,
4 5. "[AJn order granting summary 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. O.L.
7 Dragon, LLC, 123 Nev. 212, 215, 163 P3d 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 admiS'iible
10 evidence, introduce specific facts that show a genuine issue of material fact." Torrealba v.
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 to the 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 possessiQn of
20 tbe Property.
21
ORDER FOR SUMMARY EVIcrION
22 Landlord, MATT MERUSS, having applied by Affidavit for an Order seeking
23 summary eviction of the above-named Tenant and it appearing from the record on file
24 herein that the statutory requirements have been met and that the Tenant, after nonce,
25 unlawfully detains and withholds the rental unit, and the Court being fully advised and
, \,.. ;
26 finding good cause, therefore,
27 II I
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FP(715) 34&<18511
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LAWOfFlC1!
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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 person found upon and within
4 the rental unit located at 121 River Rock, Reno, Washoe County, Nevada, by no later than
:-
5 October 3', 2011. Landlord is hereby awarded the right of possession of the premises.
6 IT IS HEREBY FURTHER ORDERED, ADJUDGED 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 shall be immediately
13 released to Merliss or 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 pass",," the
,:,1'1 ....
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
I.
18 both, either upon its own motion or upon motion by Merliss.
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IT IS SO ORDERED.
DATED this __ day of October, 2011.
JUSTICE OF THE PEACE
I.

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RlCKAAO G. Hill.
PosIOIIIcIBox 2SS! 28
Reno, "'-- ell505
I.
(775) 348008M
Fu(71S) 34S-08511
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IN THE J USTICE COURT OF RENO TOWNSH"I!1
17 t'nll . -'
COUNTY OF WASHOE, STATE OF NEviI.'DA3 1','/ I,: 57
REI
,:" ., t i ,w .
/0 ... .:,J / LE

MATT HE W ME RL I S
Landlord,
Case No. REV 20
Vs.
Dept. No. ____ 2 _ ____ _

Tenant,
NOTI CE OF HEARING
TO: Landlord and Tenant above-named:
YOLI and each of YOll will take noti ce that a hearing has been set in the above-
capt ioned case on the _ 7TH __ day of __ NOVEMBER _ ____ , 20 I I,
at the hou r of 8:30 a. m. You may appear on that date to defend all Motions
filed with the Court. If you appear you must be prepared to provide testi monial
and documentary evidence to the (OUlt which supports your pos ition. [fyau fail to
appear, the Cault may default or may dismiss the case.
DATED __ November 3, 2011 _ _________ _
! \" 'U-I 1'1
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By STEVE TUTTLE
CLERK OF THE COURT
I{"L' " 1..)" lIe{ I
'Zf..U/{(ll-;t ('{ill
If Jtr/ /.if"' II ((I
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M.:lll Merl1ss. plaintim 1:lIldlord
C.:lseREV2oll-0t)[7oX '- -' J
,, _, ....... 'v 1.. \",#,\
Rella Justice Court Case C.J"') 111.J. ..
Dept: 2 Judge Srerra/.;.oa '-C/ .. :": .. r .... r..: I
Coughlin. TCl1;l1ItIOelendanUCollntercla'rrnlJIi'PPflllanl I '-'
'" 0 'I Le 'iffr'<I,
STATEMENT OF FACTS ANO LAW IN SUPPORT OF TH APpffAL
Summiuy of the Evidence Pr esented althe Hearing in Justice Court and
You Are ffitLIk..cUa....8.P.w:lJ!!.l..!Lfutli!tl;.
NRS 4Q,253!6lpreyeo! s Judge Sfe{r<lu ... in -symm<!LY.
yet he ordered me to deposit $1,275 inlo "couO's renl escrow accounr then.
compound that cont ravent ion 01 Nevada law /include JCRCp 83, lack 01 JCRlV Rule 44 in RJC, JCRRT Rule
2, NRS 40,253lSl, Anyui and Glazier Nevada Supreme Court cases, elc) by perhaps !ryingJ9.HP.urp..2i.!L2.!:
fe.tlaJ. slIVheJllegaill[1t..es.crQ.'lt.Jll.d.!u..iLUn apR-eal Ot.5.Wl..eIsedeas bond, desgj te
QliIJ.I$.a ... Jf....S:llw.il.Q.jIgPiY to all costs an.a 1tt.S and bonds in this
Escrow deposit shoul d be returned.
All I need do al ""trial"' in tbis summarx.proceedign was show a legal defense under a prima l aeie summary
Judwenl sl.cmsam._Ittat requiru Ibe..J..l,Ldge 10
whether they could they beyood a
to eyeryllling..La_Sllrled. Funher. I maJte....a..v.aliA
demand the US says I halle a r ight t o one. I know the Justice Court s used 10
have Rllie 106, thai prevented an appeallrOm a Sllmmary Eyiction, until Legal Aid alJoroeys like mywtg.Ql
that pjece of garbage rule
Mouon lor Sanct,ons: all plndlngs. mot,ons. exh,bits. and arguments made and herein on role ,n Ihis acloon are incorporated by
reference to th,s stalement ,n Sllpport of appeal. Includmg media fi les emalled to oppos'ng counsel and Ihe Court and the
Judge In l,ght 01 the Coun's expressed ,nab,l,ty to accept , arch",e. or keep custody 01 SUCh files. th,s 's an aH,dav,t as well to the
extent thaI is required. NRCP t I excuses any nOlary requnement Coughlin reserves Ihe ught to later amend or supplement
this statement.
Pro Se attor ney who has conSlllted wUh and perhaps employed tertiary cocollnsel. or not. e'lher way. CAN b(l awarded
attorneys lee. cOllnselBaker's amateur recollect,on what Sellers says aboul prevall,ng party anorncy fees awards in
Justice Coun. espec,al ly where the sanctIOns stem from e,ther NRCP II or Nevada JCRCP Rule II or JCRRT 33 sanctions
against counselor his chent. on add,tl on to NRS 7085
There are so many proc\!durallransgression and lega l errors in th,s cascthat it '5 ompractocallo try to Ihem all herein. and
I reserve my lIght to amend or supplement Ih,s plead,ng at a laler time Jlldge Sferrazza ruled lhe October 26th. 2011 court
date a - Trial " He refused to Dlsm,ss on that date when the 20 days notice to respond to a Complaint by the Landlord in a
unlal'llul detainer "Tllal" was shown to be absent, SOl.' JCRCP Rille 99 1 10. especially Rille 109 Judge Sferrazza
,mperm'ss'bly bOotsraps notice. servlCo and omer maners Irom ,ev2011-001492 onto .ev2011001108
Zach Coughhn hereby thiS Statement ,n Suppon of Appeal Motion for SarlC!oons tlllsed on the follow'ng POlnls and
AlJ\roorrtoes
NRS 118A 290 of dwellmg unit
I Tile landlofd shall al all times dUflll9 lhll lenancy mamta,n the Itwelhng unol m a habuble ,"ond:llon A dwelhng uM is flet
n30,lable ,I of hou$,ng or health code$ concern,ng the hea,lh ""fety. Sam!at.,n or rolne",:> for haMaMn Of
dwElliong un,t or 'f ,t SubStant,ally l::och
( a) Elfec:,ve watc'proofing and wElather protElctron of Iho roof and extElflor walls. onclud""'g Windows and dOG's
YeP. eomplJ:Md ilM Q/ krill, 0.1 sl!QrnlO
9\1{ hilZ.iUd. \9 RJ!!1o ..
10 In 1M. !o<: ortj tho: mold"t,ifl$\lI31'ortPfob'eJTl'i iUld eV'dQrclJ apply to W'O:; seel rol"J , as due 1M
(b) Plumbing fac,hlles whoeh con!ormEl<l to 3pphc3blO law when ,nstailed and WMoch ere malnl31ned ""' good work,nCJ ordel .
yep. url'lO: lo,let dl'l3Sl0f l.' clltSS CO ... ldrfl appioc$lltlo. 1"'llIefl pro'/odoClall/lal and
10S1.!omon'L0'1 (hillel l nd cron P\l.t 'nlO ev,(Jonc".:t$ woD
(C) ... IJ\"t . IS
\ I I Un.jar 11101 COl'I.Iol oltl"oo tena!'t ol l:rndlord .>n<J" c:rp:roIQ 01 Ploduc,ng rull,md COld runn,ilY WJl er
h!llh ",fllnl 1111
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(1) Under the control of the tenant or landlord and 1$ capable 01 produCIng hot and cold running l'IIater,
(2) F' urnlshed to appropro .. te fi,t ures. and
(3) Connecled to a sewage disposal system approved UllOer applicable law and maontained in good working order 10 the utent
thai the syste,.,.. ciln be controlled by the landlord
(d) Adequille heating facilotles which confolmed \0 applicable law when installed and are maint a,ned on gaad wal king arder
(e) Electrical hgh1lng. oullets. "'"""9 and electncal eqUipment wh,ch conlormed to applocable law when onstalled and are
malf1lalned In good working order
,,-ell_proy'ded
9.l.c. tesl 1many on <:Io'ect and ClOSS e'amon3tlon al "'I(lal" was ontroduced ,nto evidence.
m An adequate number 01 approp"ate 'eceplacles lor garbage and rubbish on clean condLIIan and good repa'i at the
commencement ollhe lenancy The landlord sl1311 a"ango for Ihe removal of ga/bage arid l ubbish 110m the premises unless
the panies by w, itten agreement pray'oe othelWIse
Green Action l awn SeL'\lices act,ons on destroy'ng propel1y and leav,ng ,t Slrewn about bring th,s section into play. Med'a
eVidence and :estimony and wllllen document lon Introduced In ev,dence at Illal ,$ herein incorpOrated
1!iI) Building. grounds. apPul1enances and all Other areas under the landlord's control at Ihe time ollhe commencemenl 01 the
lenancy In every part clean. san,tary and reasonably free Irom aU accumulations 01 deblls. fil th. rubbish . garbage. rodents.
insects vermon
veil come/sian theft deS!fuctiorl QI QreM woolen carpet lallle lawn
Green ActIon Lawn SeL'\lices actions in destroying property and leaving it str&wn aboul b,ing this section into play. Media
ev,dence and tesl' mooy and Wllnen documentron ,ntrMuced In eVIdence al trial is ilolein incorporated.
(h) Floors. walls. ceilings. stairways and la,llngs maIntained In good repa,r.
yep compl;llOed of and provided P'ctUres 01 1I00r 10 Iron! of Iron! door (Iones! deck peeled arip Sirips)' and crumbling staIrs
to IroQl the IllQlQy !!I.WliltiQ!l..hU..within this
ll!.<l..!ii.d<:Ji12. Mu.!.l!.u
(i) Ventilating. all cond,t'Onlng and olhel lacili lJes and appliances. including elevators. mainlained in good repair il supplied Of
requrred to be supplied by landlord.
moldY jnsulallorl may come Ynd&r Ib,s s!!ctipn too coosldering 1hU.Sw.t!:HY !)foblems loqdem to
Also wrinen complaint 01 a back door was Introduced into evidence al tr ial and pleadings on tile.
2. The landlord and lenanl may agree Ihal tbe tenant is to perfor,.,.. specified repairs. maintenance tasks and m,nor
only if
(a) The agreement Ollhe part 'es'$ entered '"to In good la'lh: and
(b) The agreement docs not diminish the ol)l'gat ions of the landlord to other tenants In lhe premises.
:Ull landl2!J:l woS'.lcbcd 00 the a.QLe.\l.Jn.enIS though ...aml
01 the de;t11 pleadings po fill teslJmlYJl l Ina) !!!troduced 1010 evident'

l . An agreement pursuant 10 subseclfon 2 is not entered into ,n good faitM il the landlord MS a duty under sub5eclion 1 to
pelfarm IMe sp.er' II.d repallS. m .. ;nrenanee tasks or m,nOr remodelmg and lhe teoant enlers ,nto Ihe agreement because the
landlord Of h,s or her agenl has refused to perform Ihem
. IlhOI9." .!lli\)!L;I.rrsj
IcsI!m.9m..aU!iaJ
j Added to NRS by 1977. 1336. A 1999. 1229.2007. 1284)
NRS It8A 510 Rela;, alory conduct oy aga'n51 tonanl proh,bited. femedles. e,captlons
1 e"cepl as prov!dad in 3. 11>0 landlar d may nOl , III retalwllon. rql VSe to..ren\,!w . ..,l
lenJrI'Y. agregmeot oe this or
bflng .l R. acl!On 1111 It
I d) The lenJn! has in good laltM 01 a v:ol.ltlOn of a bu,ldrng. hcusrng or heallh codl to Ih<l premises
and aifechng Of 10 a govlfnm<lntal agency chargoo With the responSlbll,ty lor lhe of that code.
compla;n .. d weed !lrd,nance" .l od Indicated th" t 10n.lnts_seemsto remembor calhQgB.!....no Qirect "bout ,t p.!,ma
fJere shOWIng. must assume 355erllOnslo be true. nOt mllke may'
( on!lItled legal J,d illt';lIney "bDUI the maner
1D) The lenant nas compl'lined in good lallh to Ine landlord or J law enf\:IIce"'ent 01:1 vrolahon cl Ihl$ chaptor Of of 1\
spe"lic slatuto In:>t '",poses a cllmlnal penalty.
yep. lots 01 c>'Intlld Ifl errJ,1 to l:lndIOfd_lo,lel. ,."ndow. rloor. back :;(;111$. flOor 10
,I . ... ", ,
121 HI, 11'1"
Ilono. ,,\.

"/ . .... h(
Page 4 01"4
1'1''''0 "0' <"II '''0. o. ,,, , .. nrl ko .. .. .. "I r',on. "0' ]. phon. ,, 'u., .... " i . In "u. d""n ( .... ... f", . $ .n. I" . rb. ",,,n ""Y .",.11 "",
I"., ... .... ",,, .. nO' ...... "It "a 'HI"ll
I. .... ,..d in ...... ".1.
Vs,
IN THE JUSTICE COUR;T:QF:RENO TOWNSHIP
COUNTY or WASHOE, STATE or NEVADA
Plainliff-,
_Appellant
_ Respondent
, -'7 /\
C c 1/ "0 L- ( ( \
Defcndant-/
_ Appellant
Respondent
11 ti0'i - 3 PH 5:
. ! 11 -:
,. , J I ' . r " .
, IN
se o.
.-._-., -', " Dept:-No.
NOTICE OF APPEAL TO
DISTRICT COURT
TO: _ _______ 1\---'--- u---'-'_v _\,-,-- ! _SL-..-,(party), and _ __ I )c:. ' hi s attomey:
Comes now the defendant (or plaintiff) and does hereby appeal from the judgment entered in the
justice's court on the day of . 2 , to the District Court in and for the
above-named count y and stale.
<' ')L.--/'(j} r-
The basis for the appeal is:
/'lc..-/ ' '"
I
l
r a(;knuwleuge that I !lm required to post an appeal bond and 10 pay all tiling fees ::mJ costs of appeal ,
incluLiing the expense urC! transcript orthe triul be ron: this appc-al wi ll be riled \vith anJ consi dered by the
Jislril.:t I.:l )lIrL I t'urth..:r ul.:knowl..:Jg.: that i r the appeal is uismisseu or the jl1(jglllcot is arfi rmed. I wi [I be subject
tn rei lll hursing tile dtller r .1rly ror ( ourt costs, ;lIlU :L lloroCy'S !lot to c.xcccJ SI5.00. together with any
r";'}S{lllablc "::XP":!l s,,:s as by llln[)istrict Court.
'1'1 . 1 I" / It'/v'-"' ... 1 ( ? 0 I !
[):l h .. U: li S "'- l Jy I) " \ _
\
Apartment 1 of 3
Tenant
Motion to Contest Personal property Lien
and for Return of Personal Property
Form #20 2006 Nevada Supreme Court
Revised: April 14, 2006
IN THE J USTICE COURT OF __________________________ TOWNSHIP
IN AND FOR THE COUNTY OF _________________, STATE OF NEVADA
Name: ______________________
Address: ______________________
______________________
Phone: ______________________
Landlord/Plaintiff
vs. CASE NO: ________________
Name: _____________________ DEPT. NO:________________
Address: _____________________
_____________________
Phone: _____________________
Tenant/Defendant
MOTION TO CONTEST PERSONAL PROPERTY LIEN
AND FOR RETURN OF PERSONAL PROPERTY
Based upon the attached affidavit/declaration, I request a hearing to:
_____ 1. Challenge the landlords right to withhold my personal property from
me.
_____ 2. Challenge the amount the landlord is requesting I pay before he/she
will release my personal property to me.
POINTS AND AUTHORITIES
This motion and affidavit are filed, pursuant to NRS 118A.460, to provide for the
rights of a tenant to retain possession of his or her personal property in the case of an
eviction under NRS 118A. This right is not reduced in any way by the legitimacy of the
sdaf Commer ci al Lease
Reno
Washoe
Matt Merliss c/o Rich Hill
652 Forest St.
Reno NV 89503
(775) 348-0888
rev2011-001708
Zach Coughlin, Esq. 2 J udge Sferrazza
Reno, NV 89503
(775) 338-8118
Apartment 2 of 3
Tenant
eviction or monies owed by the tenant to the landlord for back rent, damages or other
debts.
Submitted by,
_____________________________ __________________________
Dated Signature of Tenant/Defendant
__________________________
Print Name of Tenant/Defendant
/ s/ Zach Coughl i n, si gned el ect r oni cal l y
Al l ar gument s i n pl eadi ngs on f i l e ar e her ei n i ncor por at ed by
r ef er ence i ncl udi ng t hose at t ached t o t hi s f i l i ng and made i n
Tenant ' s Opposi t i on t o MOt i on t o Show Cause/ Mot i on t o Vacat e f i l ed 12
5 11.
df gdsCommer ci al Lease
December 5, 2011
Zach Coughlin
Apartment 3 of 3
Tenant
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b) and J CRCP 5(b), I hereby certify that I am a non-
party over the age of 18 years, and that on ____________________________, 20____,
I served a true and correct copy of the foregoing
__________________________________________________________________,
(Name of document that was served)
addressed to:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
[ ] BY U.S. MAIL: I deposited for mailing in the United States mail, with postage
fully prepaid, an envelope containing the above-identified document at
_______________________________ (City and State), in the ordinary course
of business.
[ ] BY FACSIMILE TO: _______________________________ (FAX number).
[ ] BY PERSONAL SERVICE: I personally hand delivered the above-identified
document to the address/offices of the person named above.

_______________________________
Signature of Server

_______________________________
Print Name of Server
commmmCommer ci al Lease
December 05 11
Motion to Contest Personal Property Lien and for Return of PErsonal Property
Matt Merliss c/o Richard G. HIll, Esq.
652 Forest St.
REno, NV 89503 tel:775 348 0888
fax 775 3480858
Zach Coughlin
Document Code:
Zach Coughlin
Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
Pro per DeIendant/Tenant/Counterclaimant
MATT MERLISS, MD, ; MATTHEW J.
MERLISS LIVING TRUST
PlaintiII,
vs.
ZACHARY BARKER COUGHLIN;
DeIendant.
GREEN ACTION LAWN SERVICE AND
ITS OWNER NERY R MACAL-CRUZ;
DARLENE SHARPE, REALTOR, personally
in and in her capacity as an employee oI
DICKSON REALTY; DICKSON REALTY;
NV ENERGY PUBLIC UTILITY
CORPORATION; NEVADA COURT
SERVICES; JOEL DURDEN, individually and
in his capacity as a process server Ior
NEVADA COURT SERVICES.
Real Parties in
Interest/Interpled Third Parties
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO: rev2011-001708
DEPT. NO: 2
MOTION TO VACATA AND OR SET
ASIDE AND OR STAY EVICTION
ORDER/MOTION FOR SANCTIONS
MOTION FOR STAY AND TO SET ASIDE ORDER OF EVICTION/MOTION FOR SANCTIONS
Tenant/DeIendant/Counterclaimant, Zach Coughlin, hereby Iiles this Motion, based on the points and
authorities below, the above-reIerenced statute and rules oI civil procedure, and all papers and
pleadings on Iile herein.
ANALYSIS
1 MOTION TO VACATE AND OR SET ASIDE AND OR MOTION TO STAY/ MOTION FOR SANCTIONS
'NRS 40.253 UnlawIul detainer: Supplemental remedy oI summary eviction and exclusion oI
tenant Ior deIault in payment oI rent.
1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS
40.2512 and 40.290 to 40.420, inclusive, when the tenant oI any dwelling, apartment, mobile home,
recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter
period is in deIault in payment oI the rent, the landlord or the landlord`s agent, unless otherwise
agreed in writing, may serve or have served a notice in writing, requiring in the alternative the
payment oI the rent or the surrender oI the premises:
http://www.nevadajudiciary.us/index.php/viewdocumentsandIorms/Iunc-startdown/5158/
That is a link to the Nevada Supreme Court's website's "Landlord Tenant Handbook". It spells out
the prohibition on the use oI summary eviction proceedings against commercials tenants where an
eviction is not based on the non payment oI rent. In this case, REV2011-001708, HIll and Baker
made very clear they were not alleging any rent was owed, and the No Cause Eviction Notice made
that clear as well. It is not up to the court to plead Ior Baker and Hill what JCRCP 11 prevents them
Irom pleading themselves. As such, the Summary Eviction ORder in this matter is void Ior lack oI
jurisdiction, under JCRCP 59 and 60, ans possession oI the premises should be restored to Coughlin
immediately, and damages Ior thsi wronIul eviction should be awarded to Coughlin, Iurther, that
SchiII case in the Nevada Supreme Court (seaIood distributor, wrongIull eviction, value oI the
business as damages, punitives, $300K, etc...may prove rather instructive). The Lease Agreement
anticipates and allows such a commercial use, and to whatever extent the law practice doesn't cut it,
the mattress business does. Furhter, a Howard Patrick Jackson has recently alleged that the "owner oI
the house" was giving away a mattress Irom the house, a Ioam mattress.
Anyways, the 'Landlord Tenant Handbook linked to above contains the Iollowing:
'LANDLORD-TENANT & EVICTIONS

Table oI Contents
Overview oI the Eviction Process: (Landlord)
Choosing Whether to File A Summary Or 'Formal Eviction Action ..... 3
How to File A:
Summary Eviction Action ................... 6
'Formal Eviction Action ................... 9
Maybe some 'inIormed consent time Ior the neurosurgeon landlord would have been a good idea to
prevent this 'wrong site legal surgery which excised the patent attorney (who is really more oI a gp
trying to pay the bills type attorney) our oI his home law oIIice/mattress business. And the
neurosurgeon actually reIerred to the tenant as 'malignant, and 'nettlesome to boot.
The 'Handbook (and the Las Vegas Justice Court's website) goes on to say:
'Choosing Whether to File A Summary or 'Formal Eviction Action
In most cases, the landlord can choose whether to Iile a summary or Iormal eviction action.
However, there are circumstances under which summary eviction cannot be used. For instance,
summary eviction is not available Ior:
1) Evictions Iollowing the Ioreclosure sale oI a rental property (See NRS 40.255)
2) Eviction oI commercial tenants Ior other than nonpayment oI rent
(See NRS 40.254)

3) Eviction oI a tenant oI a mobile home park Irom the park
(See NRS 40.253(10) and NRS Chapter 118B)
The beneIits oI summary eviction are:
1. It is easy to Iile on your own without the assistance oI an attorney; and
2. You are likely to get the tenant out oI your property in a shorter time period than with the
Iormal eviction process.
The drawbacks to summary eviction are:
1. You cannot get a money judgment as part oI your action (but you can sue in a separate
action);
2. II there is a genuine dispute over material Iacts, the court must dismiss the action (although
you can re-Iile a Iormal eviction action); and
3. The tenant may be able to Iile an appeal, and remain in the unit until the appeal is heard by
posting a bond with the court that may be cheaper than that required in the Iormal eviction process.
I kind oI got the best oI all world's, the RJC kept my $2,275, then made a 'money judgment
to the Landlord out oI it (lucky me, I got to put in a 40 hour unpaid work week getting that set aside,
all while being locked out oI my oIIice and home and having an unlawIul rent distraint thrown at me
and my clients!), then, instead oI getting to pay the customary $250 Ior a stay oI execution Io the
Summary Eviction Order, the court decided to make my NRS 40.385 bond be about 10 times that
amount!, and on top oI that, still DID NOT GRANT ME A STAY! THEN THE COURT DENIED A
MOTION TO HAVE THE TRANSCRIPTION DONE AT PUBLICE EXPENSE, CITING THE
FACT THAT THE COURT FINALLY GAVE ME BACK THE $2,275 RENT ESCROW DEPOSIT
IT INSISTED UPON, IN CONTRAVENTION OF NRS 40.253(6), EVEN THOUGH THE COURT
WAS INFORMED WHEN IT TOOK THAT $2,275 THAT IS WAS PRETTY MUCH ALL THE
MONEY I HAD IN THE WORLD, FINALLY THE COURT BASED ITS DENIAL OF THE
PUBLIC EXPENSE TRANSCRIPT MOTION ON THE IDEA THAT THE TRANSCRIPTION OF
THE 5 HOURS OF 'TRIAL/SUMMARY EVICTION PROCEEDING COULD BE PAID FOR
OUT OF THE $2,275, DESPITE THE COURT'S TRANSCRIBER LIST YIELDING ESTIMATES
OF $1,000 FOR THE TRANSCRIPTION (WHICH WOULD AMOUNT TO ABOUT $80 AN
HOUR GIVEN THE TYPICAL 2.5 WORK HOURS TO TRANSCRIBE FOR HOUR OF COURT
PROCEEDINGS THAT IS THE INDUSTRY STANDARD).
I am taking a page out oI the Richard G. Hill/Casey Baker, Esq. playbook (please see the attached
Iaxed letter to Judge CliIton Irom Casey Baker requesting and "emergency" inspection, replete with
Iactual inaccuracies about reIusal to allow "inspection", etc., etc...Why Baker chose Judge CliIton to
write to is not clear, or why Baker and Hill Ieel so at home in the RJC, what with the Iax requests to
get orders Ior emergency inspectiosn oI law oIIices, is similarly a mystery to me. I am writing to
inquire whether any hearing is, has, or will be set in relation to my Motion to Return Personal
Property and Contest Landlord's Lien. The NV S. Ct. Iorm and, perhaps, NRS requires a hearing
within 10 days oI the Iiling oI that Motion. It is an extremely exigent situation, my law practice
equipment, equipment incident to my other business, and my client's Iiles are being withheld Irom
me, much to the peril oI the legal proIession's reputation and with great prejudice potentially to my
clients. Further, Irom what I have gleaned Irom NRS and Nevada Law, a Summary Eviction
Proceeding that is not based on the non-payment oI rent, is impermissible Ior a tenant under a
commercial lease. My Lease Agreement allowed Ior my using the property Ior a variety oI purposes,
including commercial purposes, and Ior the property, I had multiple commercials uses. Not only did
I have a law practice at the property, I also ran another business at 121 River Rock St. and,
apparently, some oI the inventory is being given away by the owner oI the real property or his agents,
allegedly.

Regardless, in Nevada, the law provides that there are summary eviction processes Ior the Iailure to
pay rent and nonmonetary tenant deIault when commercial leases are at issue. A review oI the Lease
Agreement on Iile with the Court in this matter and my pleadings, wherein a commercial use oI the
premises is clearly alleged and supported by evidence, when combined with the Iact that a No Cause
Notice oI Eviction is the only basis Ior Rev2011-001708, and opposing counsel indicated on
numerous occasions that "no back rent is alleged due or sought", certainly would seem to auger
towards vacating the Summary Eviction Order and, perhaps, some damages owed to me.
Further "This sentence states that your landlord has renewed the lease. II your lease expired, but the
landlord accepted rent or entered into a new agreement aIter it expired, then your lease may have
been renewed or extended as a matter oI law. II you checked Number 7, Iill in the date." Certainly,
the Lease Agreement did not call Ior an 18 month lease, as such, I argue that the Lease was not
terminated or expired, and that the Landlord's conduct, and perhaps, the language in the lease,
renewed the lease or augers towards a Iinding that the lease was till in eIIect, ie, not terminated or
expired. II Iact, in the No Caucse notice, Mr. Baker or Nevada Legal Services, or whoever Iilled out
the Iorm, seems to have scratched out the word "expired" Iorm the Iorm....Why Mr. Hill's Law OIIice
chose to use Iorms Irom the Nevada Supreme Court's website that indicate they are Ior "apartments"
in not quite clear, nor is Mr. Baker's admonishing Mr. Coughlin in open court during the hearings Ior
Coughlin's Iiling a Tenant's Answer/AIIidavit and other pleadings that Coughlin himselI constructed,
rather than using "Iorms". Mr. Baker actually chastised Mr. Coughlin in open Court Ior Coughlin's
Iailin got to use a Iorm (much less the wrong "Iorm" as Mr. Baker and Mr. Hill appear to have done
in seeking to Iile a No Cause Summary Eviction Proceeding against a commercial tennant, under a
Lease Agreement that allows Ior such a commercial use, where no Iailure to pay rent or other breach
oI the lease was alleged, pled, or subsequently argued beIore the court, and where no non-monetary
deIault by the Tenant was alleged either. As such, a Summary Eviction Proceeding was
impermissible here, to say nothing oI the rent escrow the undersigned was Iorced to deposit. JCRCP
59 and 60 allow my Iiling this Motion to Vacata, and JCRCP 83 prevents the RJC Irom, in Judge
SFerrazza's words, having a rule preventing tenants Irom Iiling more than one Motion to Vacate, like
JCRLV has.

I am not attempting to delay the proceedings by Iiling this motion, nor am I Iiling it Ior Irivolous
reasons.My rent is not subsidized by a Public Housing Authority. 15. I also request that the Court
Stay the pending eviction until a decision is made on the Motion to Vacate.I believe in good Iaith that
I have a meritorious deIense to the eviction, namely: I am not sure I was "served" an Eviction Order,
or that such service was appropriately made, nor that "receipt" oI any such Order was made or shown
or that days Irom mailing under NRCP are not required, non judicial days, that is, and as such, any
lockout occuring on November 1, 2011, would have come beIore the allotted and required time Ior
mailing in the abscence oI personal service or "receipt" oI any Summary Eviction ORder. JCRRT 2
makes inapplicable to landlrod tenant matters all oI the JCRRT, as such, I believe the time, manner,
and service rules in NRCP apply, ie, non judicial 3 days Ior mailing, etc.
The undersigned does hereby aIIirm that the preceding document does not contain
the social security number oI any person.
DATED this november 30th, 2011
/s/ Zach Coughlin
Zach Coughlin
Tenant/Counterclaimaint
PROOF OF SERVICE
On November 30th, 2011, I, Mr. Zach Coughlin served the Ioregoing Motion Ior MOTION
TO VACATE AND OR SET ASIDE AND OR MOTION TO STAY/ MOTION FOR SANCT by
personally serving or emailing a true copy thereoI to:
652 Forest Street
Reno, NV 89509
cdbakerrichardhillaw.com
rhillrichardhillaw.com
Matt Merliss phone number is: cell 530 521 6639 or home 530 893 9343
Attorneys Ior Matthew Merliss
Dated this November 30th, 2011
-----------------------------
Zach Coughlin
RICHARD G. HILL
rhill@rIchordhlllow.com
CASEY D. BAKER
cdboker@rlchardhillaw.com
SALLY S. GALLAGHER, Legal Assistant
sgallagher@richardhillaw.com
SHERRI L. HILL, ugal Assistant
shfl/@rlchardhillow.com
KAREN A. NIELSEN, Legal Assistant
knielsen@rlchardhlllaw.com
ORIGINAL BY U.S. MAIL
652 Forest Street
Reno. Neoodo 89509
Reno, Neoado 89505
COPY BY EMAIL (zachcoughl in@hotmaiI,CQm)
Zachary Coughlin
c/o Silver Dollar Motor Lodge
817 North Virginia Street, Ste. 2
Reno, Nevada 89501
(775) 348-0888
FAX (775) 348-0858
www.richardhi/law.com
December 2, 2011
Re: Disposal of personal property left at 121 River Rock, Reno,
Nevada
Dear Mr. Coughlin:
This letter is sent to you for all purposes contemplated by NRS n8A-460. A
copy of that statute is enclosed for your reference.
More than 30 days have now elapsed since you were evicted from the real
property at 121 River Rock, Reno, Nevada. You have failed to redeem your personal
property left on the premises by paying the reasonable costs of inventory, moving and
storage, as provided in the referenced statute, despite the Dr. Merliss' offers to allow you
to do so. You have failed to bring the matter on for a bearing as provided in that statute,
despite your opportunity to do so.
Because you refused tocommunicateor cooperatewitb the court, tbetimefor
a hearing pursuant to NRS 118A.460(2) has now expired, and your Motion to Contest
Personal Property Lien, filed on November 16, 20ll, is stale. As such, Dr. Merliss is not
under any obligation to allow you to redeem your personal property, on any conditions.
Letter to Zachary Coughlin
Re: Re: Disposal of personal property left at 121 River Rock, Reno, Nevada
December 2 ,2011
Page 2 0f 3
Nevertheless, Dr. Merliss is still willing to work with you so t hat you can
redeem your property. The terms and conditions for you to enter the River Rock property
and remove your belongings are the same as those terms contained in Mr. Hill 's email to
you dated November 25. 2 0 11, a copy of which is enclosed herewith, with the followi ng
changes:
1. The final day on which you will be allowed to enter onto the River Rock
property pursuant to this offer is Monday. December 19. 2 011 . Subject to your full
compliance with all terms of the offer, as modified herein, your right to enter the property
wi ll begin at 9:00 a.m. on the day of your choosing, and expire at 4:45 p.m. that same day.
Your access will be restrict ed t o weekdays, only (i .e. Monday through Friday, noweekends).
This is to accommodate the advance notice required of you, as set forth below.
2. Because you have demonstrated your inability to proceed truthfully and
in good faith, the payment contemplated in paragraph 1 of Mr. Hill's email must be
delivered to our office by no later than 24 hours in advance of the date you wish to begin to
move your belongings. That payment must include payment for the day on which you
propose to move your things. The daily rate set forth in Mr. Hill 's email still applies. In
addition, your payment must include t he $1,060 already incurred to secure the property
after your repeated break-i ns, plus any other sums that may be incurred in that regard in
the interim, When you let me know when you wish to remove your property, I win provide
you with a total.
3. You must also provide, also at least 24 hours in advance, proof that you
have adequate manpower and vehicular means to move your goods, That means a verifi able
reservation or receipt for a Uhaul or similar vehicle. Given the sheer volume of your
belongings, a pickup truck will not be considered adequate.
4, All other terms of Mr. Hill's email, enclosed herewith, remain the same.
That incl udes the signatures of you and your agents, as described in that email. Those
signatures must also be delivered at t he same time as your payment and proof of vehicle
arrangements,
If you have not made appropriate arrangements with our offi ce, and removed
your things by Monday, December 19. 20 11, Dr, Merliss will dispose of all personal property
left on the premises sometime after that date. We antici pate that those items with sufficient
value to j ustify processing will be sold at a "yard sale" type proceeding. Those items without
sufficient value will simply be discarded, Dr. Merliss will likely credit bid on some items.
Re: Re: Disposal of personal property lett at 121 River Rock, Reno, Nevada
December 2, 2011
Page 2 of3
In the meantime, you do nQt have permission to go on the River
Rock property, for iIDY reason.
It is up to you how you wish to proceed. May we please hear from you?
Sincerely,
0::t:
Encl.
- NRS 118A.460
- Email dated November 25, 2011
Cc: Dr. Merl iss
Printed on: 12/2/2011
,,,
Page #; 1
NRS 118A.460 Proced .... re for disposal of personal property abandoned or left on premises.
I . The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the
premises after eviction of the tenant without incurring civil or criminal liability in tbe following manner:
(a) The landlord shall reasona.bly provide for the safe storage of the property for 30 days after the abandonment
or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory.
moving and storage before releasing the property to the tenant or his or her authorized representative rightfully
claiming the property within that period The landlord is liable to the tenant only for the landlord's negli gent or
wrongful acts in storing Ute property.
(b) After Ute expiration of the 30-day period, the landlord may dispose of the property and recover his or her
reasonabl e costs out of the property or the value thereof if Ute landlord has made reasonable efforts to locate the
tenant, has notified the tenant in writing of his or her intention to di spose of the property and 14 days nave elapsed
since the noti ce was given to the tenant. The notice must be mailed to the tenant at the tenant's present address, and if
that address is unknown, then at the tenant's last known address.
(c) Vehicles must be di sposed of in the manner provided in chapter 487 ofNRS for abandoned vehicles.
2. Any dispute relating to the amount of the costs claimed by the landl ord pursuant to paragraph (a) of
subsection I may be resolved using the procedure provided in subsection 7 ofNRS 40.253.
(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)
WEST rU8L1SIHNG CO.
t1t:r-a :or & "'
land\ol'd and Tenant (:0 161(t} 16t(1).
WESTrA W Topic No. 2J1.
C.J.s. lAndlord and Tenant f 117.
Printed from t he Official Nevada Law Library from the Source
Copyright c 2011
' f g
\., ,
i,
,
,
,
Casey Baker
From:
Sent:
To:
Richard Hill (rhill@richardhillaw.comJ
Friday, November 25, 2011 7:49 AM
'Casey Baker'; 'Matt Merliss'
Subject: FW: HERE'S THE DEAL
---Original Message-----
From: ruchard Hill [mailto:rhill @richardhillaw.com]
Sent: Friday, November 25. 2011 7:49 AM
To: 'zachcoughlin@hotmai1.com'
Subject: HERE'S THE DEAL
Mr. Coughlin - these are the terms under which you will be allowed onto the river rock property and into the house for
TODAY & today only.
THESE TERMS ARE NOT OPEN TO NEGOTIATION - AT ALL
1- you said you had cashier's checks to pay for the lien fees. They must be payable to me and drawn on a recognizable local
bank.
If not. then cash, but that complicates things, and that cuts into your time.
The amount is $1,060 (or the necessary repairs to secure the property after your repeated break-ins.
A1so, $30/ day (or storage. Today is the 25, that means you pay for 24 days ($30 x 24 "" $720) TOTAL -$1,780. we
understand that you contest the lien.
2- the above figure takes you at your word that you will use your best efforts to remove as much o( your property from the
premises as possible today. If you make reasonable progress, reasonable accommodations will be made to allow you
further access.
3-NONE of the security points at the home are to be disturbed -AT ALL.
THIS SPECIFICALLY MEANS THAT THE BOARDS ON THE BACK PORCH REMAIN & ARE NOT TAMPERED WITH,
REMOVED, OR COMPROMISED IN ANY WAY.
4- you wi ll have your crew and vehicle (or transport o(your goods there at
9 a.m. No crew or inadequate vehicle - no deal.
Your & your agents' authorization to be at the property expires at 4:45P.m.
TODAY. That means that you and they will be gone by that time.
You & they agree not to come back to the property without prior authorization.
You and your agents will print your names and sign & date a copy of this email which wi ll be given to me BEFORE you get
into the house
S-BY SIGNING BELOW, YOU AND YOUR AGENTS HEREBY RELEASE DR MERLISS (HIS TRUST), ME & MY FIRM, IN
ADVANCE, FROM ANY AND ALL INJURIES, FROM ANY SOURCE & OF ANY KIND, ARISING OUT OF YOUR OR
THEIR PRESENCE ON THE PROPERTY TODAY OR IN THE FUTURE (ASSUMING FUTURE AUTHORIZATION FOR
SAME). YOU, PERSONALLY, AGREE TO INDEMNIFY US FROM ANY SUCH LOSS, COST OR DAMAGE, INCLUDING
FEES.
BY SIGNING BELOW, YOU AGREE TO ALL OF THE FOREGOING
PRlNTNAMES
DATE
SIGN
... tt j
1
Finally, your computer & 2 laptops, that were previously placed in storage, will be released when your compliance with the
foregoing has been verified. \.
Please confino your agreement
Do I need to have the cops there??
Rgh
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j
.,
Apartment 1 of 5
Tenant
Affidavit/Declaration in Support of Motion to Contest
Personal Property Lien and for Return of Personal Property
Name: ______________________
Address: ______________________
______________________
Phone: ______________________
Landlord/Plaintiff
vs. CASE NO: ________________
Name: _____________________ DEPT. NO:________________
Address: _____________________
_____________________
Phone: _____________________
Tenant/Defendant
AFFIDAVIT/DECLARATION IN SUPPORT OF MOTION
TO CONTEST PERSONAL PROPERTY LIEN
AND FOR RETURN OF PERSONAL PROPERTY
I, ___________________________________ (Name), state that
1. I rented the property at____________________________ (Address)
_____________________________________ (City and State) and lived
there until____________________, 20____.
2. To the best of my knowledge the landlord and/or owner of the property is
as stated above in the caption to this matter.
Two busi ness r un out of t her e
under Commer ci al Lease
summar y evi ct i on i s not al l owed under NRS 40. 253 wher e No Cause
Not i ce i s ser ved t o t enant under a Commer ci al Lease, such as was t he
case i n t hi s case
dsf as
Reno
Washoe
652 Forest St.
Reno NV 89503
(775) 348-0888
rev2011-001708
Zach Coughlin 2 J udge Sferrazza
Reno, NV 89501
(775) 338-8118
Zach Coughlin
121 River Rock ST.
REno NV 89501 Commercial Lease
October 31 11
Apartment 2 of 5
Tenant
_____ 3. I further state that
_____ A. I abandoned the residence on the above date.
_____ B. I was evicted by Order of the J ustice Court. The date of the
Order evicting me was ______________, 20____.
_____ C. I left because I received a notice of eviction.
_____ D. Other: (Explain) ___________________________________
________________________________________________
________________________________________________
________________________________________________.
_____ 4. My landlord still has some of my personal property. The general
description of the property still in my landlords possession is as
follows:_____________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________________________________.
_____ 5. I attempted to remove my property as follows: (State all attempts you
made to remove your property and describe what happened for each
attempt and dates.)____________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________.
or der says 10/ 27/ 11 but t o not t ake
pl ace bef or e 5pm10/ 31/ 11
i believe lockout may have occurred too

early and without proper "Receipt" under statute, illegal
lockout, no opportunity to grab things prior, court still had
almost all the money I had with impermissible rent escrows
contents of lawpractice, clients filed, furniture, mattress business

materials, foamand other personal and commercial property
I called and emailed and faxed many times. I told HIll
and Baker email was not permissible method to serve me notice of
anything and did not receive HIll's emails, which he attached to his
papers on file in this action. all argument in papers previously filed are
herein incorporated.
Apartment 3 of 5
Tenant
_____ 6. The date my landlord told me that I could not have my property until I paid
him was ___________________, 20____.
_____ 7. My landlord refused to allow me to take my property because:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________.
_____ 8. The amount my landlord demanded was $________________.
_____ 9. I disagree with:
_____ A. The landlords right to hold my property. Explain your
reasons for disagreeing:_____________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________.
_____ B. The amount charged by me landlord. Explain your reasons
for disagreeing and the specific dates you requested or were
informed of any charges: ____________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________.
WHEREFORE, I ask the Court to order the return of my personal property.
i her eby di savow any
i ndi cat i on i n t he boi l er pl at e on any of t hese f or ms t hat t hi s i s
ot her t han a Commer ci al Lease
t he Lease Agr eement cont empl at es and expr essl y al l ows a Commer ci al
LEase
HI l l keeps addi ng char ges and
condi t i ons al most dai l y. . .
over some $2, 000
December 02 11
he wants to find some way to apply an unlawful rent distraint, seeks to

charge for "securing" rather than reasonable "moving, storage,
INventorying" and his $1060 contractors bill for "securing" includes fixing
a "leak in the basement", plus Hill adds so many ridiculous conditions not
allowed by the statute, on top of keeping the security deposit, and
refusing to give me back my wallet (state issued identification held for
over 1 week) and other property he has no lien on, plus filing what he thin
is my ssn in pleadings!
incorporate all arguments in

pleadings on file in this matter and correspondences fax to
the court.
in
incorporate all arguments in pleadings on file in this matter
and correspondences fax to the court.
Apartment 4 of 5
Tenant
I swear the above is true. Signature:__________________________________
SUBSCRIBED AND SWORN to before me this ____ day of _________________,
20____.
NOTARY PUBLIC
OR
DEPUTY CLERK _____________________________
Pursuant to NRS 53.045:
"I declare under penalty of perjury under the law of the State of Nevada that the
foregoing is true and correct."
Executed on _____________, 20____
______________________________
Signature
______________________________
Print Name
OR
THE FOLLOWING:
/ s/ Zach Coughl i n, Si gned el ect r oni cal l y
December 05 11
Zach Coughlin
Apartment 5 of 5
Tenant
__________________________________________________________________,
addressed to:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
of business.

_______________________________
Signature of Server
_______________________________
December 05 11
Matt Merliss c/o Richard G. Hill Esq Casey Bakr
652 Forest St.
REno, NV 89503 tel:775 348 0888
fax 775 3480858
Zach Coughlin
Apartment 1 of 2
Court
Order for Hearing re: Motion to Contest
Personal Property Lien
Name: ______________________
Address: ______________________
______________________
Phone: ______________________
Landlord/Plaintiff
vs. CASE NO: ________________
Name: _____________________ DEPT. NO:________________
Address: _____________________
_____________________
Phone: _____________________
Tenant/Defendant
ORDER FOR HEARING
STATE OF NEVADA, TO THE WITHIN NAMED LANDLORD, GREETINGS:
YOU ARE HEREBY ORDERED to appear for a hearing and be prepared to answer the within
and foregoing Motion to Contest Personal Property Lien
at:_______________________________________________________ (Courthouse), on the
______ day of ___________________, 20____, at ____.m.,
AND HAVE WITH YOU ALL BOOKS, PAPERS, AND WITNESSES needed by you to
establish your defense against said claim. You are further notified that in the event that you do
not appear, judgment will be given against you for the return of the property without charge as
described in the attached Affidavit. You do not need to appear if you do not wish to contest the
Motion.
__________________________ _______________________________
DATED J USTICE OF THE PEACE
Reno
Washoe
652 Forest St.
Reno NV 89503
(775) 348-0888
rev2011-001708
Reno, NV 89501
(775) 338-8118
Reno J ustice Court
11
Apartment 2 of 2
Court
__________________________________________________________________,
addressed to:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
of business.

_______________________________
Signature of Server
_______________________________
December 05
652 Forest St.
REno, NV 89503 tel:775 348 0888
fax 775 3480858
Zach Coughlin
RICHARD G. HIU
rhlll@rlchordhlllaw.oom
CASEY D. BAKER
cdbaker@rlchardhlllaw.com
S4LL Y S. GALLAGHER, Legal Assistant
sgo/lagher@rlchordhlllaw.com
SHERRI L. HILL, Legal Assistant
shlll@rlchardhlllaw.oom
KAREN A NIELSEN, Legal AsslstDnt
knlelsen@rlchardhlllaw.com
Zachary Coughlin
Reno, Nevada 89503
652 Forest Slreet
Reno, Nevada 89509
Post. Office Box 2551
Reno, Neuada 89505
Re: Landlord Inspection
Mr. Coughlin:
(775) 348-0888
FAX (775) 3480858
September 30, 2011
As you know, our offi ce represents your landlord, Dr. Matthew Merliss. This
letter, and my email to you dated September 30, 2011, are provided to you for all purposes
contemplated by NRS 118A.330 and paragraph 25 of your lease.
The landlord will conduct a maintenance inspection of the premises at 2:00
p.m. on Tuesday, October 4 ,2011. Should you refuse to permit us access to the residence
at that time, such refusal shall constitute an additional breach of your lease, and a violation
of the referenced statute.
I urge you to act responsibly.
Sincerely,
~ ~
Casey D. Baker Esq.
Cc: Matthew Merliss
Zach CoughIin, Isq.
817 N. Virginia Sl. -2
Reno, NV 89501
TeI: Iease onIy communicale in vriling
Iax: 949 667 7402
Law OIIice oI Richard G. Hill, Esq. and Casey Baker, Esq.
652 Forest St.
Reno, NV 89503
December 8, 2011
As you know, the Court has decided to set another hearing in that Regard Ior December 20th, 2011 at
9:45 am. However, and very, very curiously (again!) the RJC could only set the hearing (despite the
statutory requirement in NRS 40.253(7)-(8) that is occur within 10 days oI the Iiling oI my Motion To
Contest Personal Property Lien) Ior December 20
th
, 2011 at 9:45 a.m . As such I am leIt in the
untenable situation oI allowing your artiIicial deadline to pass, at which point you will, according to
your own written words, Iiresale mine and my client's property, do the same with property at 121 River
Rock which belongs to others, and just generally destroy heirlooms, keepsakes, oIIice equipment,
mattress business equipment and other materials. I AM HEREBY REQUESTING IN WRITING A
WRITTEN STIPULATION FROM YOU AGREEING TO EXTEND THE PERIOD YOU LAID
OUT IN YOUR DECEMBER 2, 2011 LETTER TO ME BY WHICH YOU ASSERT, AT PAGE 2
PARAGRAPH 1, THAT THE ~FINAL DAY ON WHICH YOU WILL BE ALLOWED TO
ENTER ONTO THE rIVER rOCK PROPERTY PURSUANT TO THIS OFFER IS MONDAY,
DECEMBER 19, 2011... Please agree to retract your artiIicial December 19, 2011 deadline and
place any new deadline out at least 5 days aIter any ruling on the Motion to Contest Personal Property
Lien by the Reno Justice Court, pursuant to the hearing on that Motion currently set Ior December
20
th
, 2011 at 9:45 a.m. I FURTHER RESERVE ALL MY RIGHTS TO CONTEST OR PURSUE MY
RIGHTS UNDER THE DEFAULT THAT SHOULD HAVE BEEN ORDERED AGAINST YOU
PURSUANT TO YOUR FAILUR TO APPEAR AT THE NOVEMBER 22ND, 2011 HEARING
PREVIOUSLY SET IN THIS MATTER AND FURTHER RESERVE ME RIGHT TO SEEK
REDRESS FOR THE FACT THAT (ASIDE FROM WHATEVER THE NOVEMBER 22ND, 2011
HEARING WILL BE DEEMED) THE RENO JUSTICE COURT FAILED TO HOLD A HEARING IN
RESPONSE TO MY MOTION IN COMPLIANCE WITH THE SPECIFIC DICTATES FOUND IN
NRS 40.253(7)-(8), INCLUDING, BUT NOT LIMITED TO, HAVING THE SHERIFF AFFECT
SERVICE OF NOTICE OF SUCH HEARING.
I received your shameless December 2, 2011 letter in the mail "Re: Disposal oI personal property leIt at
121 River Rock, Reno, Nevada". I dispute all contentions or allegations it contains. As I have
previously indicated, though, I am under no duty to do so, given your propensity to attempt to bury the
truth in lies and all the time sapping that would have on me should I agree to register my contentions or
1
disagreements with your attempts to practice law. You have Iailed to provide any prooI oI any
"inventorying" done on your part or any itemization oI charges incurred in relation to such
inventorying. Further, you have been served a Iiling ready NRCP 11 motion incident to your
pernicious attempts to include the contractor's bill oI $1060 (which includes an entry Ior "Iixing leak in
the basement", something Ior which, there is no reasonable nexus to NRS 40.460's dicate calling Ior
reasonable costs Ior "inventorying, moving, and storage). Given that you have already sent me written
bills and demands Ior rent, starting November 1, 2011 (something Ior which Richard Hill lied to the
RPD OIIicers about at the time oI the arrest Ior alleged trespass on November 13th, 2011,
OIIicer Carter, RPD, etc.).

Further, I showed up to the hearing pursuant to NRS 40.253(7)-(8). You Iailed to. There is not issue as
to staleness, but rather why a deIault judgment should not have issued in my Iavor pursuant to your
Iailure to appear Ior the hearing. Further, the 10 days called Ior in NRS 40.253(7)-(8) (I would cite it
here Ior you, but preIer to see iI you can be bothered to actually look up and read that section Ior the
Iirst time all by yourselI) certainly are calculated in a diIIerent way than however it is you came to the
determination that My Motion to Contest oI November 16, 2011 was "stale".
Further, as Iound on page 2 oI your December 2, 2011 letter, "the terms and conditions Ior you to
enter...are the same as those terms contained in Mr. Hill's email to you dated November 25, 2011...."
So, under NRS 40.253(7)-(8) even should your "stale" argument hold water, I still have 20 days Irom
the date you provided written itemization oI your charges to move Ior another hearing to contest your
unlawIul rent distraint attempt on a commercial business where you Iiled only a No Cause Notice oI
Eviction (oops!), using a damn Iorm, no less, while billing $20,000 to your client, er, I mean to contest
your dubious personal property lien.

THE 21 DAY SAFE HARBOR PERIOD IS DUE TO EXPIRE SOON WITH REGARD TO YOUR
MAINTAINING THIS EVICTION UNDER NRS 40.253 DESPITE YOUR EXPRESS WRITTEN
ADMISSION THAT IT INVOLVES A COMMERCIAL LEASE AND MERELY A NO CAUSE
NOTICE OF EVICTION/UNLAWFUL DETAINER. THE LAW IS CLEAR IN THIS REGARD,
HOLDING THAT NO CAUSE EVICTIONS ARE NOT PERMISSIBLE AGAINST COMMERCIAL
TENANTS WHERE FAILURE TO PAY RENT IS NOT ALLEGED. ALERT THE COURT TO
YOUR TRANSGRESSION IMMEDIATELY OR PREPARE TO DEFEND AGAINST YOUR
VEXATIOUS TACTIS. FURTHER, PLEASE PROVIDE PROOF THAT YOU RECEIVED YOUR
MD CLIENT'S "INFORMED CONSENT" WITH RESPECT TO THE VARIOUS RISKS YOU WERE
DRAGGING HIM THROUGH INCIDENT TO YOUR "WRONG SITE SURGERY" OF A LEGAL
NATURE, ie, seeking a No Cause Eviction against a commercial tenant, asking Ior attorney's Iees and
running up a $20,000 attorney's Iees bill within a type oI proceeding, a Summary Eviction Proceeding a
la NRS 40.253, that is expressly included amongst those matters in Nevada's Justice Court (JCRCP 3)
that do not allow Ior a prevailing party award oI attorney's Iees.

Further, you have apparently been giving away commercial property oI mine, including materials
related to the mattress business located as 121 River Rock St. Do you want to guess whether or not I
2
have a video tape oI anyone attesting that you did, in Iact, give them a mattress, or do anything else?
You know, under SchiII, you, and your client, can be held valuable Ior the entire value oI either
business in damages under the wrongIul eviction and other tort/contract based theories oI recovery that
will be included in the lawsuit against you, as resulted in the wrongful eviction of a seafood
distributor in Schiff, to the tune of some $300,000, iI memory serves. That may extend to personal
liability with respect to your various employees. FURTHER, YOU ARE ALLEGEDLY BOTH
WITHHOLDING AND DENYING MY ACCESS TO ITEMS MAILED TO ME, MY LAW
PRACTICE, OR MY MATTRESS BUSINESS IN THE UNITED STATES POSTAL SERVICE, A
VIOLATION OF FEDERAL LAW. I DEMAND YOU MAKE THESE ITEMS AVAILABLE TO ME
AT ONCE.

You are allegedly withholding items addressed to me that were sent in the United States Mail. Some oI
these pieces oI mail involve important and exigent client matters. Additionally, your oIIice reIused to
return my state issued driver's license Ior the entire period between November 15th, through November
22nd, which is another criminal law violation, I believe. I do not believe you have any basis Ior a lien
on these items. Further, you are withholding items oI mine that were not at the property at the time oI
your illegal lockout. You have been inIormed as to what these items are, and I believe you are guilty oI
a criminal law violation Ior withholding them. Please make them available to me at once. Please do
not attempt to make phone calls or voice mails to me. Please communicate to me only in writing.

Sincerely,
Zach Coughlin, Esq.
3
Apartment 1 of 2
Court
Name: ______________________
Address: ______________________
______________________
Phone: ______________________
Landlord/Plaintiff
vs. CASE NO: ________________
Name: _____________________ DEPT. NO:________________
Address: _____________________
_____________________
Phone: _____________________
Tenant/Defendant
ORDER FOR HEARING
STATE OF NEVADA, TO THE WITHIN NAMED LANDLORD, GREETINGS:
YOU ARE HEREBY ORDERED to appear for a hearing and be prepared to answer the within
and foregoing Motion to Contest Personal Property Lien
at:_______________________________________________________ (Courthouse), on the
______ day of ___________________, 20____, at ____.m.,
AND HAVE WITH YOU ALL BOOKS, PAPERS, AND WITNESSES needed by you to
establish your defense against said claim. You are further notified that in the event that you do
not appear, judgment will be given against you for the return of the property without charge as
described in the attached Affidavit. You do not need to appear if you do not wish to contest the
Motion.
__________________________ _______________________________
DATED J USTICE OF THE PEACE
Reno
Washoe
652 Forest St.
Reno NV 89503
(775) 348-0888
rev2011-001708
Reno, NV 89501
(775) 338-8118
Reno J ustice Court
11
Apartment 2 of 2
Court
__________________________________________________________________,
addressed to:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
of business.

_______________________________
Signature of Server
_______________________________
December 05
652 Forest St.
REno, NV 89503 tel:775 348 0888
fax 775 3480858
Zach Coughlin
Disposal of Personal Property at River Rock
RE: homage to Casey Baker's Oct 19 2011 letter to
J udge Clifton
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Fri 12/02/11 3:44 PM
1 attachment
LT Coughlin (disp of pers ppty - with encl)(12-2-11).pdf (86.4 KB)
Mr. Coughlin:
Attached please find a copy of my letter to you that was mailed today.
Sincerely,
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com
CONFIDENTIAL:ATTORNEYWORKPRODUCT;ATTORNEY-CLIENTPRIVILEGE
Thise-mailmaycontainlegallyprivilegedorconIidentialinIormation.IIyouarenottheintended recipient,pleasedonotread,copy,use,ordisclosethis
communicationtoanyoneotherthantheintendedrecipient.IIyouhavereceivedthismessageinerror,pleasenotiIythesenderanddeletetheemail
messageIromyoursystem.Thankyou.
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ToensurecompliancewithrequirementsimposedbytheIRS,weinIormyouthatanyU.S.Iederaltaxadvice containedinthiscommunication(including
anyattachments)isnotintendedorwrittentobeused,andcannotbeused,IorthepurposeoI(i)avoidingpenaltiesundertheInternalRevenueCodeor
(ii)promoting,marketingorrecommendingtoanotherpartyanytransactionormatteraddressedherein.
Page1 oI49 WindowsLiveHotmailPrintMessage
10/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids83e66cbd-1d3I-11e1...
Sent: Wed 11/30/11 8:27 AM
Cc: 'Richard Hill' (rhill@richardhillaw.com)
Mr. Coughlin:
As an attorney, you know that if you intend to file your motion and have it heard by the court, you need
to properly serve it on our office. Our office does not consent to service by email. Please make proper
service pursuant to NJCRCP 5, as Dr. Merliss intends to oppose your motion.
It is also not appropriate to copy judges and court staff in this manner. In the future, please try to
proceed pursuant to the rules of civil procedure.
Casey Baker
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Wednesday, November 30, 2011 5:18 AM
To: stuttle@washoecounty.us; kstancil@washoecounty.us; psferrazza@washoecounty.us;
dclifton@washoecounty.us; spearson@washoecounty.us; cdbaker@richardhillaw.com
Subject: homage to Casey Baker's Oct 19 2011 letter to J udge Clifton
PleaseIindattachedmyLetter/Motion...
ZachCoughlin,Esq.
817N.VirginiaSt.#2
Reno,NV89501
tel:7753388118
fax:9496677402
LicensedinNevadaandUSPTO
``Notice``ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacy
Act,18U.S.C.2510-2521,andmaycontainconIidentialinIormationintendedIorthespeciIiedindividual(s)
only.IIyouarenottheintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,youare
herebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,orthe
takingoIanyactionbasedonthecontentsoI thisinIormationisstrictlyprohibited. This message is confidential,
RE: Merliss v. Coughlin
Version: 2012.0.1869 / Virus Database: 2102/4648 - Release Date: 11/30/11
Sent: Mon 11/21/11 4:16 PM
Mr. Coughlin:
The email copies were provided to you as a courtesy, only. Service of those papers will be done by mail.
What is the status of tomorrows hearing? Are we on calendar?
Casey Baker
Sent: Monday, November 21, 2011 4:10 PM
To: cdbaker@richardhillaw.com
Subject: RE: Merliss v. Coughlin
Casey, couldn't open them, and even if I could, I don't consent to service by email of pleadings, nor by
fax. I have told you that many times. I will file a Motion for Sanctions if you do not cease attempting to
circumvent the procedural protections accorded tenants. The only matter for which I consent to having
you or your office contact me by email, is to tell me if and when I can get my exigent client/lawpractice
materials/state issued identification, etc. I refuse to accept service of pleadings and motions you wish
to sling through the courts at warp speed while withholding my mail and wallet. Come on! Your better
than this!
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
only.IIyouarenottheintendedrecipientoranagent responsibleIordeliveringittotheintendedrecipient,youare
Merliss v. Coughlin
herebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview, dissemination,copying,orthe
Sent: Mon 11/21/11 3:57 PM
3 attachments
Opp to M to Contest Personal Property Lien etc (11-21-11).pdf (8.0 MB) , Opp to M to Waive
Transript Costs etc (11-21-11).pdf (38.1 KB) , M for OSC (11-21-11).pdf (216.7 KB)
Mr. Coughlin:
Attached you will find three papers filed in the Reno Justice Court today by our office:
1. Opposition to Motion to Contest Personal Property Lien; Joinder in Motion to Set Aside or Vacate
Attorney Fee Award;
2. Opposition to Motion to Waive Transcript Costs and Deposition Costs and Fees at Public Expense;
3. Motion for Order to Show Cause.
You will also be receiving these by regular mail at the new address you provided to us.
Sincerely,
FW: My calls my stuff
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Thise-mailmaycontainlegallyprivilegedorconIidentialinIormation.IIyouarenottheintendedrecipient,pleasedonotread,copy,use,ordisclosethis
Circular230Notice.
ToensurecompliancewithrequirementsimposedbytheIRS,weinIormyouthatanyU.S.Iederaltaxadvicecontainedinthiscommunication(including
Sent: Thu 11/10/11 1:24 PM
Mr.Coughlin:
We know you received Mr. Hills email, below. Nevertheless, here is another copy.
Casey Baker
From: Richard Hill [mailto:rhill@richardhillaw.com]
Sent: Wednesday, November 09, 2011 1:53 PM
To: 'zachcoughlin@hotmail.com'
Subject: FW: My calls my stuff
Mr.. Coughlin-receipt oI your email belowis acknowledged.
youhavenotcalledoremailedmeormyoIIiceinresponsetomymultiplerequeststogetyour
stuIIoutoIthehouse.thelienonyourpropertygrowsdaily.
weknowyouhavebrokenintothehouse.wehavephotos&videos.
thereIore,youknowwhatthestatusoIthepropertyis.
Iurther,yourCRIMINALactshavecompromisedtheintegrityoIthehome.
thelongerthisdragson,themorelikelythatyourpossessionsmaygetstolen.
pleasereviewNRS118A.460.
youhavedutiesoIcooperationandmitigation;bothoIwhichyouarebreachingbytheminute.
whatdoyouproposeintermsoIgettingyourpossessionsoutandcleaningtheproperty??BE
SPECIFICANDREALISTIC.
youmaynotbeonthepropertywithoutpriorpermission-clearlycommunicatedtoyouIN
ADVANCE-andthisisNOTsuchacommunication.
pleaseconIineyourselItoemailanddealwithmeonthis.
pleasetrytogetreal.
yourgamesmanshipissubstantial,butbothcounterproductiveanddoomed.
asalawyer,youknowthatneitheranappealnoramotionIorstayaIIecttheoperationoIa
judgment.
LET'SGETREAL!!!
FW: Verification of Your Debt
rgh
From: Casey Baker [mailto:cdbaker@richardhillaw.com]
To: rhill@richardhillaw.com
From: zachcoughlin@hotmail.com [mailto:zachcoughlin@hotmail.com]
To: Casey Baker
Subject: My calls my stuff
Don'tignoremycallsaboutmypossessions.YoupotentiallyconductedanillegallockoutoIa
lawoIIiceaninspectionoutsidemypresence.Theleaserequiresmypresence.Italsomakes
yourguyresponsibleIortheelectricbill,readitcareIully.ShowyourprooIoIany"receipt"oI
anylockoutorder24hourspriortoyouractions.MypossessionsbetterbesaIeandaIIordedall
legalproetectionsandIwantupdatesonewhatIisbeingdonewiththemandanopportunityto
cleanorotherwiseputthepremisesintheconditionIintendedtoleaveitinpriortotheillegal
lockout.Iwantmypossessionsthatareinthehouseandallprivacyrightsrespected.Thereis
amotionIorstayindistrictcourtrightnow.
NovirusIoundinthismessage.
CheckedbyAVG-www.avg.com
Version:2012.0.1869/VirusDatabase:2092/4606-ReleaseDate:11/09/11
Version:2012.0.1869/VirusDatabase:2092/4606- ReleaseDate: 11/09/11
Sent: Thu 11/10/11 1:21 PM
Mr. Coughlin:
1. You are incorrect regarding the FDCPA.
2. You know you have not left any messages with our office regarding getting your stuff out of the
house, which we can prove.
3. You know that Mr. Hill has sent you numerous emails, which we can prove.
4. If you want documents by mail, you need to provide us with a mailing address. Please do so.
5. Please provide a specific and realistic proposal for getting your possessions out of the property.
Provide your proposal directly to Mr. Hill via email. As you can see, I have copied him on this
message.
6. Your continued gamesmanship will only serve to increase Dr. Merliss damages, for which you will
ultimately be liable.
7. You are not to enter the property without express prior permission, in advance, from our office.
This email does NOT constitute such permission.
Casey Baker
Sent: Thursday, November 10, 2011 12:25 PM
To: Casey Baker
Subject: Re: Verification of Your Debt
Verification of Your Debt
YouguysarewayoverthedaysIorprovidingveriIicationundertheFDCPA.Canyousay
trebledamages?IhabenotreceivedasingleemailsuchasthoseyoureIertoIromrichardhill.I
dontconsenttoserviceoIanythingviaemailIromyourshop.Iknowyouwanteverythingtobe
atwarpspeed,butyouhavetoservemethroughthemailorsomenonelectronicmeans.Make
surerichisntgetting"unnsuccessIulemail transmission"messages....icancertainlyproveihave
notreceivedanysuchemailsIromDick.IwantmystuIIitsimportantclientmaterialsetc.You
guyshavenotreturnedmymessagesaboutthat,itswrongtotrytochargemerentwhenyouare
duckingme.
Version:2012.0.1869/VirusDatabase: 2092/4608- ReleaseDate: 11/10/11
Sent: Thu 11/10/11 11:13 AM
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Attached please find my letter to you dated November 10, 2011.
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
RE: request for 30 days additional to stay in
possession disability
Circular230Notice.
Sent: Fri 11/04/11 12:36 PM
Mr. Coughlin:
We have never been served with any paper entitled Motion to Continue in Possession. If you have
proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your
request, including any specific statute you are purporting to invoke.
Casey Baker
Subject: request for 30 days additional to stay in possession disability
Dear Mr. Baker,
I need another 30 days due to disability see Motion to Continue in Possession. ADA privacy rights
asserted with respect to disability disclosure.
thanks,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
Inspection
7753388118
LicensedinNevada
``Notice`` ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacy
takingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited.
CONFIDENTIALITY NOTICE
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.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue
Service, we inform you that any U.S. federal tax advice contained in this communication (including any
attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of
(i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to another person any
transaction or matter addressed in this communication.
From: cdbaker@richardhillaw.com
Sent: Sun 10/30/11 2:21 PM
Mr. Coughlin:
As you will recall from our hearing last Tuesday, Judge Sferrazza granted Dr.
Merliss' request for an inspection of the premises in advance of the lockout.
The court entered a written order to that effect on the afternoon of
Thursday, October 27, 2011. If you do not have a copy of that order, I wil be
happy to provide one to you on Monday morning.
As an officer of the court, I am sure you recognize your duty to comply with
the court's orders. Therefore, please provide me with a time at which you
will make the property available for inspection during normal business hours
on Monday, October 31, 2011.
Sincerely,
Casey Baker
Merliss v. Coughlin
REV2011-001708
Sent: Thu 10/27/11 12:04 PM
1 attachment
FFCL&O (Plaintiff's Proposed).pdf (129.1 KB)
Mr. Coughlin:
Attached you will find a courtesy copy of the findings of fact, conclusions of law, and order for summary
eviction submitted to the justice court this morning.
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
Sent: Thu 10/20/11 10:54 AM
1 attachment
REV2011-001708
LT J udge Sferrazza (Emergency Hearing)(10-20-11).pdf (138.6 KB)
Mr. Coughlin:
Attached please find my letter to the court dated October 20, 2011.
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
Sent: Wed 10/19/11 11:21 AM
1 attachment
LT J udge Clifton (with encl) (10-19-11).pdf (75.6 KB)
Mr. Coughlin:
Attached please find a letter to the court in the above referenced matter.
RE: REV2011-001708
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
Sent: Wed 10/19/11 8:10 AM
Mr. Coughlin:
You are not to communicate directly with my client. See, NRPC 4.2. See also, In re Discipline of
Schaefer, 117 Nev. 496, 25 P.3d 191 (2001).
Casey Baker
Sent: Wednesday, October 19, 2011 2:40 AM
REV2011-001708
Subject: RE: REV2011-001708
HeyCasey,
WouldyoumindiIIcopyyourclientonalltheSettlementProposalsIhavesentyou?You
wouldn'tmindwouldyou?YouhaveIulIilledyourdutytoappriseyourclientinwritingoIall
SettlementProposals,right,bud,right?
Sent: Tue 10/18/11 2:39 PM
2 attachments
M for Order Requ Inspection (10-18-11).pdf (392.2 KB) , Ex Parte M for OST (10-18-11).pdf
(151.7 KB)
Mr. Coughlin:
Attached please find two motions in the above-referenced matter, which are being filed today.
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Thi il t i l ll i il d Iid ti l i I ti II t th i t d d i i t l d t d di l thi
RE: Usps certificate of mailing
communicationtoanyoneotherthantheintendedrecipient.IIyouhavereceivedthismessagein error,pleasenotiIythesenderanddeletetheemail
Circular230Notice.
Sent: Tue 10/18/11 11:55 AM
Mr. Coughlin:
To what document are you referring?
I cannot correct anything unless you clearly identify what you claim to be insufficient.
Further, if this is your attempt to invoke the safe harbor provision of JCRCP 11, your procedure is, once
again, incorrect.
Casey Baker
Sent: Tuesday, October 18, 2011 10:48 AM
To: Casey Baker
Subject: Usps certificate of mailing
PleasecorrectyourinsuIIicientnoticeinlightoIIailuretoincludeandIileuspscertiIicateopI
mailingthisisarule1121daysaIeharbormotionbyaprosesosorryiIallthedIorm?
RequirementsarentIiledlikehowattylikeyourselIgettingpaid8KIorthiscasewould.Please
alertthejudgeoIthelackoInoticeorprocessandwithdrawanymotionsthatdependonsuch
No virus Iound in this message
RE: 14 day notice to fix
Opposition
Version:2012.0.1831/VirusDatabase:2092/4559- ReleaseDate: 10/18/11
Sent: Mon 10/17/11 1:42 PM
To: 'ZC' (zachcoughlin@hotmail.com)
Mr. Coughlin:
Under paragraphs 22 and 29 of the lease, you are responsible for care of
the window blinds. If you disagree, please explain why.
Further, since you identified your email as a "14 day notice to fix", I
presume you are contending that the window blinds constitute a habitability
issue that the landlord is obligated to repair. Please explain how window
blinds constitute a habitability issue under NRS 118A.290.
If you contend that they are a habitability issue, please provide a time on
October 19, 2011 that you will be willing to grant the landlord access to
the property to inspect them.
Casey Baker
From: ZC [mailto:zachcoughlin@hotmail.com]
To: Richard G. Hill Casey Baker
Subject: 14 day notice to fix
Lots of the cheap slumlord blinds this trust funder put in broke on their
own. Fix them or at least don't try and cheat me my deposit. How many
employees are there at your office and how many are attorneys. I have not
been served a written order from the last hearing, I need one to appeal it.
Some people say judges might go and judicially legislate some changes to the
landlord tenant landscape in Nevada. I am not sure what they mean by that,
but I know you will sure look a certain way throughout the process.
-----
Sent: Mon 10/17/11 8:45 AM
1 attachment
Opp to Emergency Ex Parte Motion (10-17-11).pdf (49.5 KB)
Mr. Coughlin:
Statement of Debt
Attached please find a courtesy copy of the opposition filed this morning. Actual service will be made by
mail.
As to your demand for property tax information under NRS 118.165, that information is included in
paragraph 31 of the lease. See NRS 118.165(3)(a).
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
From: cdbaker@richardhillaw.com
Sent: Fri 10/14/11 1:47 PM
1 attachment
LT Coughlin (Statement of Debt)(10-14-11).pdf (99.0 KB)
RE: Interruption of essential services
Mr. Coughlin:
Please see the attached letter.
Casey Baker
Sent: Wed 10/05/11 9:16 AM
Mr. Coughlin:
1. The power bill automatically reverted to Dr. Merliss' name when you
failed to pay it for several months. It has now been paid, and the power
should be back on. PLEASE CONFIRM THAT IT IS.
Since electricity is your responsibility under the lease, and you failed to
pay the bill, (1) any interruption in service is your responsibility - not
Dr. Merliss'; and (2) any sums paid by Dr. Merliss are an additional damage
item for him. YOU NEED TO GO PUT THE POWER BILL BACK IN YOUR NAME
IMMEDIATELY. PLEASE CONFIRM WHEN YOU HAVE DONE SO.
2. As to yesterday's inspection, you made it very clear that we were not
going to be allowed peaceable entry into the residence. Cf. NRS
118A.330(1). You told us to "get off your property", then proceeded to
taunt us when we declined to force our way in. Your verbal game-play will
not excuse your breach of the lease and the referenced statute.
DEMAND IS HEREBY MADE UPON YOU TO PRESERVE ANY AND ALL VIDEO, AUDIO, AND
PHOTOGRAPHIC RECORDINGS MADE AT OR AROUND 2:00 P.M. ON OCTOBER 4, 2011,
WHICH WAS THE TIME SET FOR THE INSPECTION OF THE RESIDENCE AT 121 RIVER ROCK
STREET, RENO, NEVADA. THIS EVIDENCE IS RELEVANT TO POTENTIAL LEGAL CLAIMS
BETWEEN YOU AND DR. MERLISS. YOU ARE HEREBY PUT ON NOTICE OF THOSE CLAIMS,
WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, YOUR UNLAWFUL DETAINER OF THE
PROPERTY, AND FOR DAMAGES.
Sincerely,
Casey Baker
To: Casey Baker; Richard G. Hill Casey Baker
Subject: RE: Interruption of essential services
The power was turned off at about 10am today out of the blue with no warning
whatsoever. NVEnergy says it was in Merliss's name. Your representation in
the face of what seems quite clearly bad faith by your client, and perhaps
you, may be sanctionable. Sudden and complete disruption of a service as
essential as energy, during the 5 days accorded by law, while simultaneously
conducting a bad faith, inspection, which you elected to abandon just before
undertaking, wasting my time, is surely going to reflect poorly on your
firm. Further your clients actions in maintaining the power bill in his
name arguably alters whatever you might think the lease says. All this bad
faith malicious and reprehensible conduct has damaged my law practice and
cost me monetarily. And your assistant shows up in an 80K mercedes
compressor with a video camera trying to go through a private home and law
office without meeting the requirements for service and notice, much less
purpose and good faith of an inspection under NRS. I am making a
documentary.
Casey Baker <cdbaker@richardhillaw.com> wrote:
>Mr. Coughlin:
>
>You were provided notice of the inspection by email and by regular US mail
>on Friday, September 30, 2011. Attached is another copy of my letter to
>you.
>
>You have made allegations of what you claim to be uninhabitable conditions
>on the property, although you have never provided any proof to support
those
>allegations. The landlord is concerned about the condition and
>maintenance of the property, and is entitled to inspect it under paragraph
>25 of the lease and NRS 118A.330. Because you were given more than
adequate
>notice under the lease, and have not contacted me about the inspection
until
>one hour before it was scheduled to take place, the inspection will proceed
>as noticed.
>
>Please respond to my questions about the power. If the power is off, it
>needs to be addressed quickly.
>
>I do not understand your reference to unlawful search and seizure. Since
>there is no governmental conduct occurring here, I fail to see how the
>Fourth Amendment applies in this situation.
>
>Casey Baker
>
>
>
>-----Original Message-----
>From: ZC [mailto:zachcoughlin@hotmail.com]
>Sent: Tuesday, October 04, 2011 12:49 PM
>To: Casey Baker
>Subject: RE: Interruption of essential services
>
>I am tied up today. Unlawful search and seizure. When would be a good time
>for you to discuss rescheduling? Please indicate in writing the purpose
and
>extent of this bad faith inspection.
>
>Casey Baker <cdbaker@richardhillaw.com> wrote:
>
>>Mr. Coughlin:
>>
>>By "power", I presume you mean electricity. Under NRS 118A.380, you are
>>required to provide written notice to the landlord specifying any claimed
>>breach.
>>
>>Please answer the following questions to assist the landlord in remedying
>>what you claim is an interruption of an essential service.
>>
>>1. Is the power out right now? If so, when did it shut off?
>>2. On what basis do you contend the landlord is obligated to provide
>power?
>>3. On what basis do you contend the landlord breached that obligation?
>>4. Have you paid the power bill as required under paragraph 13 of your
>>lease?
>>5. Is it now your position that email constitutes sufficient written
>notice
>>under the Nevada Revised Statutes?
>>
>>We will be at the property at 2:00 p.m. today for a maintenance
inspection,
>>as previously noticed to you.
>>
>>Casey Baker
>>
>>-----Original Message-----
>>From: ZC [mailto:zachcoughlin@hotmail.com]
>>Sent: Tuesday, October 04, 2011 11:26 AM
>>To: Casey Baker
>>Subject: RE: Interruption of essential services
>>
>>Power
>>
>>Casey Baker <cdbaker@richardhillaw.com> wrote:
>>
>>>Mr. Coughlin:
>>>
>>>Your cryptic email is not helpful, nor is it sufficient to invoke any
>>>procedure under any applicable statute. See, e.g., NRS 118A.380.
>>>
>>>Under paragraph 13 of your lease, you are responsible for the payment of
>>all
>>>utilities. Nevertheless, if you believe the landlord is obligated, but
>has
>>>failed, to provide some essential service, please identify it immediately
>>so
>>>that it can be addressed.
>>>
>>>Sincerely,
>>>
>>>Casey Baker
>>>
>>>-----Original Message-----
>>>From: ZC [mailto:zachcoughlin@hotmail.com]
>>>Sent: Tuesday, October 04, 2011 10:47 AM
>>>To: Richard G. Hill Casey Baker
>>>Subject: Interruption of essential services
>>>
>>>Breach of lease and violation of nrs bad faith duty to cure. Your client
>>is
>>>headed to district court. Thin skull plaintiff.
>>>
>>>
>>
>>
Sent: Tue 10/04/11 1:12 PM
1 attachment
LT Coughlin (inspection)(9-30-11).pdf (14.0 KB)
Mr. Coughlin:
You were provided notice of the inspection by email and by regular US mail
on Friday, September 30, 2011. Attached is another copy of my letter to
you.
You have made allegations of what you claim to be uninhabitable conditions
on the property, although you have never provided any proof to support those
allegations. The landlord is concerned about the condition and
maintenance of the property, and is entitled to inspect it under paragraph
25 of the lease and NRS 118A.330. Because you were given more than adequate
notice under the lease, and have not contacted me about the inspection until
one hour before it was scheduled to take place, the inspection will proceed
as noticed.
Please respond to my questions about the power. If the power is off, it
needs to be addressed quickly.
I do not understand your reference to unlawful search and seizure. Since
there is no governmental conduct occurring here, I fail to see how the
Fourth Amendment applies in this situation.
Casey Baker
Sent: Tuesday, October 04, 2011 12:49 PM
To: Casey Baker
I am tied up today. Unlawful search and seizure. When would be a good time
for you to discuss rescheduling? Please indicate in writing the purpose and
extent of this bad faith inspection.
>Mr. Coughlin:
>
>By "power", I presume you mean electricity. Under NRS 118A.380, you are
>required to provide written notice to the landlord specifying any claimed
>breach.
>
>Please answer the following questions to assist the landlord in remedying
>what you claim is an interruption of an essential service.
>
>1. Is the power out right now? If so, when did it shut off?
>2. On what basis do you contend the landlord is obligated to provide
power?
>3. On what basis do you contend the landlord breached that obligation?
>4. Have you paid the power bill as required under paragraph 13 of your
>lease?
>5. Is it now your position that email constitutes sufficient written
notice
>under the Nevada Revised Statutes?
>
>We will be at the property at 2:00 p.m. today for a maintenance inspection,
>as previously noticed to you.
>
>Casey Baker
>
>Sent: Tuesday, October 04, 2011 11:26 AM
>To: Casey Baker
>Subject: RE: Interruption of essential services
>
>Power
>
>
>>Mr. Coughlin:
>>
>>Your cryptic email is not helpful, nor is it sufficient to invoke any
>>procedure under any applicable statute. See, e.g., NRS 118A.380.
>>
>>Under paragraph 13 of your lease, you are responsible for the payment of
>all
>>utilities. Nevertheless, if you believe the landlord is obligated, but
has
>>failed, to provide some essential service, please identify it immediately
>so
>>that it can be addressed.
>>
>>Sincerely,
>>
>>Casey Baker
>>
>>Sent: Tuesday, October 04, 2011 10:47 AM
>>To: Richard G. Hill Casey Baker
>>Subject: Interruption of essential services
>>
>>Breach of lease and violation of nrs bad faith duty to cure. Your client
>is
>>headed to district court. Thin skull plaintiff.
>>
>>
>
>
Sent: Tue 10/04/11 11:46 AM
Mr. Coughlin:
By "power", I presume you mean electricity. Under NRS 118A.380, you are
required to provide written notice to the landlord specifying any claimed
breach.
Please answer the following questions to assist the landlord in remedying
what you claim is an interruption of an essential service.
1. Is the power out right now? If so, when did it shut off?
2. On what basis do you contend the landlord is obligated to provide power?
3. On what basis do you contend the landlord breached that obligation?
4. Have you paid the power bill as required under paragraph 13 of your
lease?
5. Is it now your position that email constitutes sufficient written notice
under the Nevada Revised Statutes?
We will be at the property at 2:00 p.m. today for a maintenance inspection,
as previously noticed to you.
Casey Baker
To: Casey Baker
Power
>Mr. Coughlin:
>
>Your cryptic email is not helpful, nor is it sufficient to invoke any
>procedure under any applicable statute. See, e.g., NRS 118A.380.
>
>Under paragraph 13 of your lease, you are responsible for the payment of
all
>utilities. Nevertheless, if you believe the landlord is obligated, but has
>failed, to provide some essential service, please identify it immediately
so
>that it can be addressed.
>
>Sincerely,
>
>Casey Baker
>
>Sent: Tuesday, October 04, 2011 10:47 AM
>To: Richard G. Hill Casey Baker
>Subject: Interruption of essential services
>
>Breach of lease and violation of nrs bad faith duty to cure. Your client
is
>headed to district court. Thin skull plaintiff.
>
>
Landlord Inspection
Sent: Tue 10/04/11 11:04 AM
Mr. Coughlin:
Your cryptic email is not helpful, nor is it sufficient to invoke any
procedure under any applicable statute. See, e.g., NRS 118A.380.
Under paragraph 13 of your lease, you are responsible for the payment of all
utilities. Nevertheless, if you believe the landlord is obligated, but has
failed, to provide some essential service, please identify it immediately so
that it can be addressed.
Sincerely,
Casey Baker
Subject: Interruption of essential services
Breach of lease and violation of nrs bad faith duty to cure. Your client is
headed to district court. Thin skull plaintiff.
Sent: Fri 9/30/11 8:50 AM
1 attachment
LT Coughlin (inspection)(9-30-11).pdf (14.0 KB)
Mr. Coughlin:
As you know, our office represents your landlord, Dr. Merliss. This email, and my letter to you dated
September 30, 2011, are provided to you for all purposes contemplated by NRS 118A.330 and paragraph
25 of your lease. An electronic copy of the referenced letter is attached hereto, and it will also be sent via
U.S. mail.
The landlord will conduct a maintenance inspection of the premises at 2:00 p.m. on Tuesday, October 4,
2011. Should you refuse to permit us access to the residence at that time, such refusal shall constitute an
additional breach of your lease, and a violation of the referenced statute.
RE: J agged glass broken window
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
Sent: Wed 9/21/11 8:42 AM
Mr. Coughlin:
See paragraph 25 of the lease, and NRS 118A.330. The notice need not even
be in writing. If you have authority to the contrary, please provide it.
The inspections will proceed as scheduled.
Casey Baker
Sent: Tuesday, September 20, 2011 11:36 PM
To: Casey Baker
Subject: RE: Jagged glass broken window
Written notice of 48 hours under the lease. Double check on that 14 days.
Ask rich too if he got an email. Email to me is not written notice for
inspection under nrs.
>Mr. Coughlin:
>
>
>
>As I have previously explained to you, 14 days has not yet elapsed since
>your first 14-day notice of these issues to our office. In any event,
under
>paragraph 25 of the lease, the landlord is entitled to enter the premises
>for all reasonable purposes. Those purposes include inspections and
>repairs.
>
>
>
>You have been given sufficient notice. So, unless you tell me
unequivocally
>that you will not allow Mr. Fisher or A-1 Electric, Inc. to access the
>premises, the inspections will proceed as scheduled.
>
>
>
>Casey Baker
>
>
>
> _____
>
>From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
>Sent: Tuesday, September 20, 2011 4:03 PM
>To: cdbaker@richardhillaw.com
>Subject: RE: Jagged glass broken window
>
>
>
>
>Actually, you better cancel those as I believe you missed the opportunity
to
>have them fixed and the right to fix and deduct under nrs 118A has now come
>into play.
>
>Zach Coughlin, Esq.
>121 River Rock St.
>Reno, NV 89501
>775 338 8118
>Licensed in Nevada
>
>** 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.
>
>> From: cdbaker@richardhillaw.com
>> To: zachcoughlin@hotmail.com
>> Subject: RE: FW: Jagged glass broken window
>> Date: Tue, 20 Sep 2011 14:08:24 -0700
>>
>> Mr. Coughlin:
>>
>> At 2:30 p.m. on Thursday, September 22, 2011, handyman Randy Fisher will
>be
>> at the property to inspect the windows and take measurements for any
glass
>> that needs to be replaced. A-1 Electric, Inc. will be there at the same
>> time to inspect/repair the light fixture. Please give them access to the
>> house.
>>
>> Casey Baker
>>
>> -----Original Message-----
>> From: ZC [mailto:zachcoughlin@hotmail.com]
>> Sent: Tuesday, September 20, 2011 11:21 AM
>> To: Casey Baker
>> Subject: Re: FW: Jagged glass broken window
>>
>> I told you to send someone over. You are pst ypu 14 days by then.
>>
>> Casey Baker <cdbaker@richardhillaw.com> wrote:
>>
>> >Mr. Coughlin:
>> >
>> >I have not had any response from you to my email, below.
>> >
>> >Failing to have a response from you by 12:00 noon today, September 20,
>> 2011,
>> >I will arrange to have an appropriate repair person come to the property
>to
>> >do an inspection on the afternoon of September 22, 2011. That person
will
>> >be instructed to inspect, and repair at that time, if possible, the
>> dangling
>> >light fixture and two windows you have identified for us. Any weeds are
>> >your responsibility under paragraph 22 of the lease.
>> >
>> >If you would like the inspection to take place sometime other than the
>> >afternoon of September 22, 2011, please let me know before noon today.
If
>> >there are any other "habitability" issues you believe need to be
>inspected
>> >and repaired, please also get those to me before noon today.
>> >
>> >Sincerely,
>> >
>> >Casey Baker
>> >
>> >
>> >
>> >-----Original Message-----
>> >From: Casey Baker [mailto:cdbaker@richardhillaw.com]
>> >Sent: Friday, September 16, 2011 4:11 PM
>> >To: 'ZC'
>> >Subject: RE: Jagged glass broken window
>> >
>> >Mr. Coughlin:
>> >
>> >Please identify the "habitability" issues you believe need to be
>addressed.
>> >
>> >Please also give me a day and time next week that we can get into the
>> >property.
>> >
>> >Thank you.
>> >
>> >Casey Baker
>> >
>> >-----Original Message-----
>> >From: ZC [mailto:zachcoughlin@hotmail.com]
>> >Sent: Friday, September 16, 2011 3:44 PM
>> >To: Casey Baker
>> >Subject: RE: Jagged glass broken window
>> >
>> >Sure
>> >
>> >Casey Baker <cdbaker@richardhillaw.com> wrote:
>> >
>> >>Mr. Coughlin:
>> >>
>> >>You have identified, in different communications to our office, things
>you
>> >>say need to be repaired. You have asked us to make these things
>> >>"habitable".
>> >>
>> >>In my previous email, I asked you to identify all those issues in one
>> list,
>> >>so they can all be inspected at one time. That should alleviate your
>> >>concerns about any "fishing expedition".
>> >>
>> >>If you want these repaired, you need to give the landlord and his
people
>> >>access to the property.
>> >>
>> >>Are you going to give us access to the property or not?
>> >>
>> >>Casey Baker
>> >>
>> >>-----Original Message-----
>> >>From: ZC [mailto:zachcoughlin@hotmail.com]
>> >>Sent: Wednesday, September 14, 2011 5:11 PM
>> >>To: Casey Baker
>> >>Subject: RE: Jagged glass broken window
>> >>
>> >>Are you proposing a narrowly tailored inspection or a fishing
>expedition?
>> >>
>> >>Casey Baker <cdbaker@richardhillaw.com> wrote:
>> >>
>> >>>Mr. Coughlin:
>> >>>
>> >>>You first provided our office with what you claim to be a 14 day
notice
>> on
>> >>>September 9, 2011, so I disagree with your arithmetic.
>> >>>
>> >>>In any event, when can we get into the property to inspect and repair?
>> >>>
>> >>>Casey Baker
>> >>>
>> >>>-----Original Message-----
>> >>>From: ZC [mailto:zachcoughlin@hotmail.com]
>> >>>Sent: Wednesday, September 14, 2011 10:59 AM
>> >>>To: Casey Baker
>> >>>Subject: RE: Jagged glass broken window
>> >>>
>> >>>Next week will be past yourf 14 days. You were provided numerous hd
>> >>>photographs. Are you going to have them do carbon testing? The
overhead
>> >>>light in the front office is dangling. Please make that habitable to.
>> >>>Retaliatory eviction certainly is a defense to no cause termination.
>> Would
>> >>>you like the ALR's on that? Some cool stuff about causing a summary
>> >>>eviction notice to be filed as well in Rule 11 context. Since when do
>> >frat
>> >>>boys have such fragile ears?
>> >>>
>> >>>Casey Baker <cdbaker@richardhillaw.com> wrote:
>> >>>
>> >>>>Mr. Coughlin:
>> >>>>
>> >>>>Please tell me a time next week when we can get somebody out to the
>> >>>property
>> >>>>to inspect and possibly repair the issues you have identified. They
>> >will
>> >>>>need access to the interior of the house.
>> >>>>
>> >>>>Please also understand that they may have to return at a later date
to
>> >>make
>> >>>>the actual repairs.
>> >>>>
>> >>>>In order to facilitate only one inspection, please identify all
issues
>> >you
>> >>>>contend need attention in your return email.
>> >>>>
>> >>>>May we please hear from you?
>> >>>>
>> >>>>Thank you.
>> >>>>
>> >>>>Casey Baker
>> >>>>
>> >>>>-----Original Message-----
>> >>>>From: ZC [mailto:zachcoughlin@hotmail.com]
>> >>>>Sent: Tuesday, September 13, 2011 8:20 PM
>> >>>>To: Richard G. Hill Casey Baker
>> >>>>Subject: Jagged glass broken window
>> >>>>
>> >>>>Please make habitable. I am being very careful around this glass. I
RE: Tenants Answer to 30 day No Cause, etc
am
>> >>>not
>> >>>>trying to scare you or your client. Thia window had a small crack
that
>> >>>>spread quickly and was way beyond repair. I could repair this for
>$250.
>> >>Its
>> >>>>a liabiliy thing for me as well. I think your client may consider all
>> my
>> >>>>offers rather economical if he takes a step back for a minute. I was
>> >>>>impressed by your level of work in your motion.
>> >>>>
>> >>>>
>> >>>
>> >>>
>> >>
>> >>
>> >
>> >
>>
>
Sent: Tue 9/20/11 4:45 PM
Mr. Coughlin:
Please review NJCRCP 5(b)(2)(D). Our office does not consent to electronic service in this matter.
Therefore, attaching your amended answer to your email is not proper service, nor is faxing. In any
event, you never actually faxed the document to our office, despite what you proof of service might say.
Please properly serve your paper pursuant to the rules, as our client intends to respond to it.
If you have a settlement offer, please make it.
Casey Baker
To: cdbaker@richardhillaw.com; rhill@richardhillaw.com
Subject: Tenants Answer to 30 day No Cause, etc
PleaseindicatetoyourclientthattheSettlementProposalIsenttohim
maystillbeavailabletohim(itwassentpriortoyourIirmbecoming
attachedtothecase).ShouldyounotwithdrawIromthiscase,orhave
theclientdecidetochoosenottoemployyouIurther,pleaseletme
knowwhereIshouldsentacopyoIthevoluminousaudioandvideo
recordingsoIthepropertydamagecausebyyourclient'sworkers,
GreenActionLawServiceandnotethattheLeaseAgreementisvery
clearinthisregardwithrespecttoyourclient'sliability.Yourclient
agreedtotheweedwork,regardlessoIwhatyouIeeltheLease
Agreementmightsay.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
takingoIanyactionbasedonthecontentsoI thisinIormationisstrictlyprohibited.
Sent: Tue 9/20/11 4:38 PM
Mr. Coughlin:
As I have previously explained to you, 14 days has not yet elapsed since your first 14-day notice of these
issues to our office. In any event, under paragraph 25 of the lease, the landlord is entitled to enter the
premises for all reasonable purposes. Those purposes include inspections and repairs.
You have been given sufficient notice. So, unless you tell me unequivocally that you will not allow Mr.
Fisher or A-1 Electric, Inc. to access the premises, the inspections will proceed as scheduled.
Casey Baker
Subject: RE: J agged glass broken window
Actually, you better cancel those as I believe you missed the opportunity to have them fixed and the
right to fix and deduct under nrs 118A has now come into play.
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
> From: cdbaker@richardhillaw.com
> To: zachcoughlin@hotmail.com
> Subject: RE: FW: J agged glass broken window
> Date: Tue, 20 Sep 2011 14:08:24 -0700
>
> Mr. Coughlin:
>
> At 2:30 p.m. on Thursday, September 22, 2011, handyman Randy Fisher will be
> at the property to inspect the windows and take measurements for any glass
> that needs to be replaced. A-1 Electric, Inc. will be there at the same
> time to inspect/repair the light fixture. Please give them access to the
> house.
>
> Casey Baker
>
> -----Original Message-----
> From: ZC [mailto:zachcoughlin@hotmail.com]
> Sent: Tuesday, September 20, 2011 11:21 AM
> To: Casey Baker
> Subject: Re: FW: J agged glass broken window
>
> I told you to send someone over. You are pst ypu 14 days by then.
>
> Casey Baker <cdbaker@richardhillaw.com> wrote:
>
> >Mr. Coughlin:
> >
> >I have not had any response from you to my email, below.
> >
> >Failing to have a response from you by 12:00 noon today, September 20,
> 2011,
> >I will arrange to have an appropriate repair person come to the property to
> >do an inspection on the afternoon of September 22, 2011. That person will
> >be instructed to inspect, and repair at that time, if possible, the
> dangling
> >light fixture and two windows you have identified for us. Any weeds are
> >your responsibility under paragraph 22 of the lease.
> >
> >If you would like the inspection to take place sometime other than the
> >afternoon of September 22, 2011, please let me know before noon today. If
> >there are any other "habitability" issues you believe need to be inspected
> >and repaired, please also get those to me before noon today.
> >
> >Sincerely,
> >
> >Casey Baker
> >
> >
> >
> >-----Original Message-----
> >From: Casey Baker [mailto:cdbaker@richardhillaw.com]
> >Sent: Friday, September 16, 2011 4:11 PM
> >To: 'ZC'
> >Subject: RE: J agged glass broken window
> >
> >Mr. Coughlin:
> >
> >Please identify the "habitability" issues you believe need to be addressed.
> >
> >Please also give me a day and time next week that we can get into the
> >property.
> >
> >Thank you.
> >
> >Casey Baker
> >
> >-----Original Message-----
> >From: ZC [mailto:zachcoughlin@hotmail.com]
> >Sent: Friday, September 16, 2011 3:44 PM
> >To: Casey Baker
> >Subject: RE: J agged glass broken window
> >
> >Sure
> >
> >Casey Baker <cdbaker@richardhillaw.com> wrote:
> >
> >>Mr. Coughlin:
> >>
> >>You have identified, in different communications to our office, things you
> >>say need to be repaired. You have asked us to make these things
> >>"habitable".
> >>
> >>In my previous email, I asked you to identify all those issues in one
> list,
> >>so they can all be inspected at one time. That should alleviate your
> >>concerns about any "fishing expedition".
> >>
> >>If you want these repaired, you need to give the landlord and his people
> >>access to the property.
> >>
> >>Are you going to give us access to the property or not?
> >>
> >>Casey Baker
> >>
> >>-----Original Message-----
> >>From: ZC [mailto:zachcoughlin@hotmail.com]
> >>Sent: Wednesday, September 14, 2011 5:11 PM
> >>To: Casey Baker
> >>Subject: RE: J agged glass broken window
> >>
> >>Are you proposing a narrowly tailored inspection or a fishing expedition?
> >>
> >>Casey Baker <cdbaker@richardhillaw.com> wrote:
> >>
> >>>Mr. Coughlin:
> >>>
> >>>You first provided our office with what you claim to be a 14 day notice
> on
> >>>September 9, 2011, so I disagree with your arithmetic.
> >>>
> >>>In any event, when can we get into the property to inspect and repair?
> >>>
> >>>Casey Baker
> >>>
> >>>-----Original Message-----
> >>>From: ZC [mailto:zachcoughlin@hotmail.com]
> >>>Sent: Wednesday, September 14, 2011 10:59 AM
> >>>To: Casey Baker
> >>>Subject: RE: J agged glass broken window
> >>>
> >>>Next week will be past yourf 14 days. You were provided numerous hd
> >>>photographs. Are you going to have them do carbon testing? The overhead
> >>>light in the front office is dangling. Please make that habitable to.
> >>>Retaliatory eviction certainly is a defense to no cause termination.
> Would
> >>>you like the ALR's on that? Some cool stuff about causing a summary
> >>>eviction notice to be filed as well in Rule 11 context. Since when do
> >frat
> >>>boys have such fragile ears?
> >>>
> >>>Casey Baker <cdbaker@richardhillaw.com> wrote:
> >>>
> >>>>Mr. Coughlin:
> >>>>
> >>>>Please tell me a time next week when we can get somebody out to the
> >>>property
> >>>>to inspect and possibly repair the issues you have identified. They
> >will
> >>>>need access to the interior of the house.
> >>>>
> >>>>Please also understand that they may have to return at a later date to
> >>make
RE: FW: J agged glass broken window
> >>>>the actual repairs.
> >>>>
> >>>>In order to facilitate only one inspection, please identify all issues
> >you
> >>>>contend need attention in your return email.
> >>>>
> >>>>May we please hear from you?
> >>>>
> >>>>Thank you.
> >>>>
> >>>>Casey Baker
> >>>>
> >>>>-----Original Message-----
> >>>>From: ZC [mailto:zachcoughlin@hotmail.com]
> >>>>Sent: Tuesday, September 13, 2011 8:20 PM
> >>>>To: Richard G. Hill Casey Baker
> >>>>Subject: J agged glass broken window
> >>>>
> >>>>Please make habitable. I am being very careful around this glass. I am
> >>>not
> >>>>trying to scare you or your client. Thia window had a small crack that
> >>>>spread quickly and was way beyond repair. I could repair this for $250.
> >>Its
> >>>>a liabiliy thing for me as well. I think your client may consider all
> my
> >>>>offers rather economical if he takes a step back for a minute. I was
> >>>>impressed by your level of work in your motion.
> >>>>
> >>>>
> >>>
> >>>
> >>
> >>
> >
> >
>
Sent: Tue 9/20/11 2:09 PM
Mr. Coughlin:
At 2:30 p.m. on Thursday, September 22, 2011, handyman Randy Fisher will be
at the property to inspect the windows and take measurements for any glass
that needs to be replaced. A-1 Electric, Inc. will be there at the same
time to inspect/repair the light fixture. Please give them access to the
house.
Casey Baker
Sent: Tuesday, September 20, 2011 11:21 AM
To: Casey Baker
Subject: Re: FW: Jagged glass broken window
I told you to send someone over. You are pst ypu 14 days by then.
>Mr. Coughlin:
>
>I have not had any response from you to my email, below.
>
>Failing to have a response from you by 12:00 noon today, September 20,
2011,
>I will arrange to have an appropriate repair person come to the property to
>do an inspection on the afternoon of September 22, 2011. That person will
>be instructed to inspect, and repair at that time, if possible, the
dangling
>light fixture and two windows you have identified for us. Any weeds are
>your responsibility under paragraph 22 of the lease.
>
>If you would like the inspection to take place sometime other than the
>afternoon of September 22, 2011, please let me know before noon today. If
>there are any other "habitability" issues you believe need to be inspected
>and repaired, please also get those to me before noon today.
>
>Sincerely,
>
>Casey Baker
>
>
>
>From: Casey Baker [mailto:cdbaker@richardhillaw.com]
>Sent: Friday, September 16, 2011 4:11 PM
>To: 'ZC'
>
>Mr. Coughlin:
>
>Please identify the "habitability" issues you believe need to be addressed.
>
>Please also give me a day and time next week that we can get into the
>property.
>
>Thank you.
>
>Casey Baker
>
>Sent: Friday, September 16, 2011 3:44 PM
>To: Casey Baker
>
>Sure
>
>
>>Mr. Coughlin:
>>
>>You have identified, in different communications to our office, things you
>>say need to be repaired. You have asked us to make these things
>>"habitable".
>>
>>In my previous email, I asked you to identify all those issues in one
list,
>>so they can all be inspected at one time. That should alleviate your
>>concerns about any "fishing expedition".
>>
>>If you want these repaired, you need to give the landlord and his people
>>access to the property.
>>
>>Are you going to give us access to the property or not?
>>
>>Casey Baker
>>
>>Sent: Wednesday, September 14, 2011 5:11 PM
>>To: Casey Baker
>>Subject: RE: Jagged glass broken window
>>
>>Are you proposing a narrowly tailored inspection or a fishing expedition?
>>
>>
>>>Mr. Coughlin:
>>>
>>>You first provided our office with what you claim to be a 14 day notice
on
>>>September 9, 2011, so I disagree with your arithmetic.
>>>
>>>In any event, when can we get into the property to inspect and repair?
>>>
>>>Casey Baker
>>>
>>>Sent: Wednesday, September 14, 2011 10:59 AM
>>>To: Casey Baker
>>>Subject: RE: Jagged glass broken window
>>>
>>>Next week will be past yourf 14 days. You were provided numerous hd
>>>photographs. Are you going to have them do carbon testing? The overhead
>>>light in the front office is dangling. Please make that habitable to.
>>>Retaliatory eviction certainly is a defense to no cause termination.
Would
>>>you like the ALR's on that? Some cool stuff about causing a summary
>>>eviction notice to be filed as well in Rule 11 context. Since when do
>frat
>>>boys have such fragile ears?
>>>
>>>Casey Baker <cdbaker@richardhillaw.com> wrote:
>>>
>>>>Mr. Coughlin:
>>>>
>>>>Please tell me a time next week when we can get somebody out to the
>>>property
>>>>to inspect and possibly repair the issues you have identified. They
FW: J agged glass broken window
>will
>>>>need access to the interior of the house.
>>>>
>>>>Please also understand that they may have to return at a later date to
>>make
>>>>the actual repairs.
>>>>
>>>>In order to facilitate only one inspection, please identify all issues
>you
>>>>contend need attention in your return email.
>>>>
>>>>May we please hear from you?
>>>>
>>>>Thank you.
>>>>
>>>>Casey Baker
>>>>
>>>>-----Original Message-----
>>>>From: ZC [mailto:zachcoughlin@hotmail.com]
>>>>Sent: Tuesday, September 13, 2011 8:20 PM
>>>>To: Richard G. Hill Casey Baker
>>>>Subject: Jagged glass broken window
>>>>
>>>>Please make habitable. I am being very careful around this glass. I am
>>>not
>>>>trying to scare you or your client. Thia window had a small crack that
>>>>spread quickly and was way beyond repair. I could repair this for $250.
>>Its
>>>>a liabiliy thing for me as well. I think your client may consider all
my
>>>>offers rather economical if he takes a step back for a minute. I was
>>>>impressed by your level of work in your motion.
>>>>
>>>>
>>>
>>>
>>
>>
>
>
Sent: Tue 9/20/11 9:01 AM
Mr. Coughlin:
I have not had any response from you to my email, below.
Failing to have a response from you by 12:00 noon today, September 20, 2011,
I will arrange to have an appropriate repair person come to the property to
do an inspection on the afternoon of September 22, 2011. That person will
be instructed to inspect, and repair at that time, if possible, the dangling
light fixture and two windows you have identified for us. Any weeds are
your responsibility under paragraph 22 of the lease.
If you would like the inspection to take place sometime other than the
afternoon of September 22, 2011, please let me know before noon today. If
there are any other "habitability" issues you believe need to be inspected
and repaired, please also get those to me before noon today.
Sincerely,
Casey Baker
Sent: Friday, September 16, 2011 4:11 PM
To: 'ZC'
Mr. Coughlin:
Please identify the "habitability" issues you believe need to be addressed.
Please also give me a day and time next week that we can get into the
property.
Thank you.
Casey Baker
To: Casey Baker
Sure
>Mr. Coughlin:
>
>You have identified, in different communications to our office, things you
>say need to be repaired. You have asked us to make these things
>"habitable".
>
>In my previous email, I asked you to identify all those issues in one list,
>so they can all be inspected at one time. That should alleviate your
>concerns about any "fishing expedition".
>
>If you want these repaired, you need to give the landlord and his people
>access to the property.
>
>Are you going to give us access to the property or not?
>
>Casey Baker
>
>Sent: Wednesday, September 14, 2011 5:11 PM
>To: Casey Baker
>
>Are you proposing a narrowly tailored inspection or a fishing expedition?
>
>
>>Mr. Coughlin:
>>
>>You first provided our office with what you claim to be a 14 day notice on
>>September 9, 2011, so I disagree with your arithmetic.
>>
>>In any event, when can we get into the property to inspect and repair?
>>
>>Casey Baker
>>
>>Sent: Wednesday, September 14, 2011 10:59 AM
>>To: Casey Baker
>>
>>Next week will be past yourf 14 days. You were provided numerous hd
>>photographs. Are you going to have them do carbon testing? The overhead
>>light in the front office is dangling. Please make that habitable to.
>>Retaliatory eviction certainly is a defense to no cause termination. Would
>>you like the ALR's on that? Some cool stuff about causing a summary
>>eviction notice to be filed as well in Rule 11 context. Since when do
frat
>>boys have such fragile ears?
>>
>>
>>>Mr. Coughlin:
>>>
>>>Please tell me a time next week when we can get somebody out to the
>>property
>>>to inspect and possibly repair the issues you have identified. They
will
>>>need access to the interior of the house.
>>>
>>>Please also understand that they may have to return at a later date to
>make
>>>the actual repairs.
>>>
>>>In order to facilitate only one inspection, please identify all issues
you
>>>contend need attention in your return email.
>>>
>>>May we please hear from you?
>>>
>>>Thank you.
>>>
>>>Casey Baker
>>>
>>>Sent: Tuesday, September 13, 2011 8:20 PM
>>>Subject: Jagged glass broken window
>>>
>>>Please make habitable. I am being very careful around this glass. I am
>>not
>>>trying to scare you or your client. Thia window had a small crack that
>>>spread quickly and was way beyond repair. I could repair this for $250.
>Its
>>>a liabiliy thing for me as well. I think your client may consider all my
>>>offers rather economical if he takes a step back for a minute. I was
>>>impressed by your level of work in your motion.
>>>
>>>
>>
>>
>
>
Sent: Fri 9/16/11 4:11 PM
Mr. Coughlin:
Please identify the "habitability" issues you believe need to be addressed.
Please also give me a day and time next week that we can get into the
property.
Thank you.
Casey Baker
To: Casey Baker
Sure
>Mr. Coughlin:
>
>You have identified, in different communications to our office, things you
>say need to be repaired. You have asked us to make these things
>"habitable".
>
>In my previous email, I asked you to identify all those issues in one list,
>so they can all be inspected at one time. That should alleviate your
>concerns about any "fishing expedition".
>
>If you want these repaired, you need to give the landlord and his people
>access to the property.
>
>Are you going to give us access to the property or not?
>
>Casey Baker
>
>Sent: Wednesday, September 14, 2011 5:11 PM
>To: Casey Baker
>
>Are you proposing a narrowly tailored inspection or a fishing expedition?
>
>
>>Mr. Coughlin:
>>
>>You first provided our office with what you claim to be a 14 day notice on
>>September 9, 2011, so I disagree with your arithmetic.
>>
>>In any event, when can we get into the property to inspect and repair?
>>
>>Casey Baker
>>
>>Sent: Wednesday, September 14, 2011 10:59 AM
>>To: Casey Baker
>>
>>Next week will be past yourf 14 days. You were provided numerous hd
>>photographs. Are you going to have them do carbon testing? The overhead
>>light in the front office is dangling. Please make that habitable to.
>>Retaliatory eviction certainly is a defense to no cause termination. Would
>>you like the ALR's on that? Some cool stuff about causing a summary
>>eviction notice to be filed as well in Rule 11 context. Since when do
frat
>>boys have such fragile ears?
>>
>>
>>>Mr. Coughlin:
>>>
>>>Please tell me a time next week when we can get somebody out to the
>>property
>>>to inspect and possibly repair the issues you have identified. They
will
>>>need access to the interior of the house.
>>>
>>>Please also understand that they may have to return at a later date to
>make
>>>the actual repairs.
>>>
>>>In order to facilitate only one inspection, please identify all issues
you
>>>contend need attention in your return email.
>>>
>>>May we please hear from you?
>>>
>>>Thank you.
>>>
>>>Casey Baker
>>>
>>>Sent: Tuesday, September 13, 2011 8:20 PM
>>>Subject: Jagged glass broken window
>>>
>>>Please make habitable. I am being very careful around this glass. I am
>>not
>>>trying to scare you or your client. Thia window had a small crack that
>>>spread quickly and was way beyond repair. I could repair this for $250.
>Its
>>>a liabiliy thing for me as well. I think your client may consider all my
>>>offers rather economical if he takes a step back for a minute. I was
>>>impressed by your level of work in your motion.
>>>
>>>
>>
>>
>
>
Sent: Thu 9/15/11 8:21 AM
Mr. Coughlin:
As you have been previously advised, all communications should go through our office.
Thank you.
Casey Baker
Sent: Wednesday, September 14, 2011 6:34 PM
To: Casey Baker
Subject: Re: J agged glass broken window
Youbetternotbetryingtokaddtheselilmakehabitablebrokenwindowdiscoursestoyour
sanctionsmotions. Givemeapropertymanagertocall,itsnotlegal work
Sent: Thu 9/15/11 8:13 AM
Mr. Coughlin:
You have identified, in different communications to our office, things you
say need to be repaired. You have asked us to make these things
"habitable".
In my previous email, I asked you to identify all those issues in one list,
so they can all be inspected at one time. That should alleviate your
concerns about any "fishing expedition".
If you want these repaired, you need to give the landlord and his people
access to the property.
Are you going to give us access to the property or not?
Casey Baker
Sent: Wednesday, September 14, 2011 5:11 PM
To: Casey Baker
Are you proposing a narrowly tailored inspection or a fishing expedition?
>Mr. Coughlin:
>
>You first provided our office with what you claim to be a 14 day notice on
>September 9, 2011, so I disagree with your arithmetic.
>
>In any event, when can we get into the property to inspect and repair?
>
>Casey Baker
>
>Sent: Wednesday, September 14, 2011 10:59 AM
>To: Casey Baker
>
>Next week will be past yourf 14 days. You were provided numerous hd
>photographs. Are you going to have them do carbon testing? The overhead
>light in the front office is dangling. Please make that habitable to.
>Retaliatory eviction certainly is a defense to no cause termination. Would
>you like the ALR's on that? Some cool stuff about causing a summary
>eviction notice to be filed as well in Rule 11 context. Since when do frat
>boys have such fragile ears?
>
>
>>Mr. Coughlin:
>>
>>Please tell me a time next week when we can get somebody out to the
>property
>>to inspect and possibly repair the issues you have identified. They will
>>need access to the interior of the house.
>>
>>Please also understand that they may have to return at a later date to
make
>>the actual repairs.
>>
>>In order to facilitate only one inspection, please identify all issues you
>>contend need attention in your return email.
>>
>>May we please hear from you?
>>
>>Thank you.
>>
>>Casey Baker
>>
>>Sent: Tuesday, September 13, 2011 8:20 PM
>>To: Richard G. Hill Casey Baker
>>Subject: Jagged glass broken window
>>
>>Please make habitable. I am being very careful around this glass. I am
>not
>>trying to scare you or your client. Thia window had a small crack that
>>spread quickly and was way beyond repair. I could repair this for $250.
Its
>>a liabiliy thing for me as well. I think your client may consider all my
>>offers rather economical if he takes a step back for a minute. I was
>>impressed by your level of work in your motion.
>>
>>
>
>
Sent: Wed 9/14/11 11:23 AM
Mr. Coughlin:
You first provided our office with what you claim to be a 14 day notice on
September 9, 2011, so I disagree with your arithmetic.
In any event, when can we get into the property to inspect and repair?
Casey Baker
Sent: Wednesday, September 14, 2011 10:59 AM
To: Casey Baker
Next week will be past yourf 14 days. You were provided numerous hd
photographs. Are you going to have them do carbon testing? The overhead
light in the front office is dangling. Please make that habitable to.
Retaliatory eviction certainly is a defense to no cause termination. Would
you like the ALR's on that? Some cool stuff about causing a summary
eviction notice to be filed as well in Rule 11 context. Since when do frat
boys have such fragile ears?
>Mr. Coughlin:
>
>Please tell me a time next week when we can get somebody out to the
property
>to inspect and possibly repair the issues you have identified. They will
>need access to the interior of the house.
>
>Please also understand that they may have to return at a later date to make
>the actual repairs.
>
>In order to facilitate only one inspection, please identify all issues you
>contend need attention in your return email.
>
>May we please hear from you?
>
>Thank you.
>
>Casey Baker
>
>Sent: Tuesday, September 13, 2011 8:20 PM
>To: Richard G. Hill Casey Baker
>Subject: Jagged glass broken window
>
>Please make habitable. I am being very careful around this glass. I am
not
>trying to scare you or your client. Thia window had a small crack that
>spread quickly and was way beyond repair. I could repair this for $250. Its
>a liabiliy thing for me as well. I think your client may consider all my
>offers rather economical if he takes a step back for a minute. I was
>impressed by your level of work in your motion.
>
>
RE: stairs, new repairs needed
Sent: Wed 9/14/11 8:34 AM
Mr. Coughlin:
Please tell me a time next week when we can get somebody out to the property
to inspect and possibly repair the issues you have identified. They will
need access to the interior of the house.
Please also understand that they may have to return at a later date to make
the actual repairs.
In order to facilitate only one inspection, please identify all issues you
contend need attention in your return email.
May we please hear from you?
Thank you.
Casey Baker
Subject: Jagged glass broken window
Please make habitable. I am being very careful around this glass. I am not
trying to scare you or your client. Thia window had a small crack that
spread quickly and was way beyond repair. I could repair this for $250. Its
a liabiliy thing for me as well. I think your client may consider all my
offers rather economical if he takes a step back for a minute. I was
impressed by your level of work in your motion.
Sent: Fri 9/09/11 4:56 PM
Mr. Coughlin:
There are only two ls in richardhillaw.
Mr. Hill has not been receiving your emails, although I have.
Casey Baker
To: rhill@richardhilllaw.com; cdbaker@richardhillaw.com
Subject: stairs, new repairs needed
Hey There Rich,
THere are new weeds that new attention on the property. While it seems Mr. Matt "Magunda" Merliss
would prefer to use undocumented workers and express his great love of Melissa Ulloa and her docile
ways when it comes to landlords (kind of a theme developing there) I would prefer if you see to it that
this landlord get this work done legally. New weeds have grown on my property. this is your 14 day
notice to make habitable.
If Magunda has a problem with folks coming down to my property to enter and do an inspection, maybe
he should read the lease. It required twice the statutory 24 hours of notice. That is 48 hours, and yet
Magunda barely provided something like 18 hours. Sorry, my existence is not based around making
everything perfect and easy for Magunda, making sure he can hit all the global hotspots where the
things he is in to are prevalent. Thoughtless, arrogant, entitled, Californian landlord, can't be bothered
with pesky little things like Lease Subsections, statutory rights, etc. My window is still broken! Fix it,
come on!!
RE: Lease property damage liability provision
RE: issues
From: Richard Hill (rhill@richardhillaw.com)
Sent: Tue 8/16/11 4:33 PM
To: 'Matt Merliss' (magunda@aol.com); zachcoughlin@hotmail.com
mr coughlin - please direct all further communictaions on the river rock property to my office.
rgh
652 forest street
reno 89509
Unlessyouprovidewrittennoticetotheundersignedwithinthirty(30)daysoIreceiptoIthis
letter,thatthevalidityoIthisdebtisdisputed,theundersignedwillpresumethedebttobe
valid.IIyoudonotiIytheundersignedinwritingthatallorany portionoIthereIerenceddebtis
disputed,acopyoIthejudgmentand/orveriIicationoIthedebtwillbeobtainedandmailedto
you.IIthecreditornamedaboveisdiIIerentIromtheoriginalcreditor,theundersignedwill,
uponwrittendemandIromtheconsumer,IurnishthenameandaddressoItheoriginalcreditor.
FEDERALLAWREQUIRESTHATWEINFORMYOUTHATTHISISANATTEMPTTO
COLLECTADEBTANDANYANDALLINFORMATIONOBTAINEDWILLBEUSED
FORTHATPURPOSE
From: Matt Merliss [mailto:magunda@aol.com]
Sent: Tuesday, August 16, 2011 4:18 PM
Cc: rhill@richardhillaw.com
Subject: Re: Lease property damage liability provision
zach,
send all further communication to my attorney, richard hill. his email is rhill@richardhillaw.com.
From: zachcoughlin <zachcoughlin@hotmail.com>
To: Matt Merliss <magunda@aol.com>
Sent: Tue, Aug 16, 2011 3:49 pm
Subject: Lease property damage liability provision
Subsections 23 and 28 of the lease, in addition to established case law and the relecvant sections of
nac and nrs speak pretty clearly to your liability vis a vis the landscaping crews purposeful property
destruction. Further, the conditio. Of the entry way and the broken window similarly are ypur
responsibility and trigger a reduction in rent.
10/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids176e2c34-c860-11e0...
Sent: Fri 11/18/11 6:49 AM
mr coughlin - for a moment there, 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 offer 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 think 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 yesteday - pasted below.
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 start.
1- we both know 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 weeks &
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 actually called & when. please be sure to preserve all evidence.)
the fact is, I was emailing you & you were not responding. you now bear the
consequences of your foolish decisions.
2- you had ample time to get your stuff out after you were apprised that you were
going to actually be locked out. you had a week, 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 stuff
out.
3- the form you slid through the mail slot last night cahllenegs the landlord's "LIEN."
please look at your form and the statute, NRS 118A.460, AGAIN. it controls, whether
you like it or not.
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 pick the date
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 just
leaving it where YOU LEFT IT. we are mitigating your damages, and actually making it
cheaper for you to get your stuff released from the statutory lien.
b- because of your repeated break-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( your 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 take your computers & drugs and leave all the rest of the
mass of junk 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 manpower to assist. we MAY be willing to allow you more time,
depending on your deportment, your sincerity and your efforts. to date, you have been
sorely lacking on all fronts.
if you want to make a proposal, put it in an email & send it back.
however, please keep it real. you are not in control - on many levels.
5- we think that you are correct, the justice's court award of costs should be vacated.
we will prepare a stipulation & forward it to you electronically. please confirm 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, it is not your right. the more difficult you make things, the more difficult
things will be.
7 - so we are all clear: UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION
FROM ME, 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
Sent: Friday, November 18, 2011 2:54 AM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com
Subject: issues
TotheLawOIIicesoIBakerandHill:
DearMr.HillandMr.Baker,
IIIoweyouoryourclientmoney,pleasejusttellme howmuch.Ineed
togetmyclientIiles.IamsureyoucanimaginehowuncomIortable
youwouldbeiIIhadoustedyouIromyouroIIiceandhadcrews
runninginanout,abletodowhoknowswhatwithconIidentialIiles,
harddrves,etc,
IjustwantmystuII,IIyouIeelIowesomethingorthatyouhavealien
pleaseemailmeanitemzedstatementandwhoknowsimightpayit
problemsolved.Idon'twanttogotocourtonthis,youdon'tneedto
billmoreonthis;atthispoint,Ididn'tcauseMr.Hilltogooverto121
riverrocktheotherday, THereisnolawIknowoIthatIsaysIcan'tbe
onthesidewalknearthehome.Mr.HillwasdrivingwhileIilmingme
onthesidewalkandtoldmehewasgoingtohavemearrested,then
reIusedtoevenletmegetmyclientIiesorharddriveorcellphoneo
rwalletevenIromthehousemadeIunoImeIornotbengassuccessIul
anattorneyasheorhavngenoughclients.Heaskedmehowmoved
mycar,whichtendstoindicateMr.Hillhaddiscussionswithreno
policedepartmentaboutthemovingmycar,notsurehowappropriate
thatis,,,Mr.HilldrovepastmyparkedcartheotherdayinIrontoI33
st.lawrencest.aIterthepolicetoldmeIwouldneedtopursueacivil
tacttogetmystuIIandthatIshouldmoveon...I ddbutthentheypulled
meover.Therewasanissue,Iwastoldtoparkmycar,Idid,,Mr.Hill
drovebyshortythereaIterprobablypurelybycoincidence..Iwasnot
uptosomething.Ididn'tanddon'thavemywalletide,bankcardetc,
andthepolicemademeparkmycar,
anyways,iIyouhavealienpleaseitemizeitIromwhatdatewouldyou
sayIIailedtopickmystyuIIup?doyouhaveconIirmationthatany
emalyousentrespondingtomyrequeststogetmystuIIwasnot
returnedundeliverabetoyou?IInot,howcanIbechargedstorageor
IullmaretvalueiIyoudidn'tgivemeanopportunitytomovestuII?
IurtherIwanttoleavethepropertyinaconditionthatwillbeneIitDr.
Merliss.ThedoorsweretakkenoIIsomeinteriordoorsbecausethey
justseemedtoclutterthings(don'tlaugh)andIwasasinglesolo
practitionerlivingandworkingaloneIdidntneedadooreverytwo
Ieet.TheywerekeptnicethoughandIcanputthemback,itsnothard,
samewthnthecabinentsetc...wouldliketotouchupthestepsabitand
seewhatDr.MerlissthinksoIthetileintheIoyer,kitchenand
bathroom,ialwaysintendedtogetthecarpetbackasitswasiIthatis
whatthedrwanted,butwhenantonionIloodedthekitchendiningroom
areawhileIixngthewasherthecarpetandpaddinggotwetandmoldy
andsmelled,plus,itisslumlordcarpetnooIIense.itlookedgoodIora
shortwhile,butithasnodensitytoitandevensteamcleaningitandall
thatdoesnnotkeepitlookinggoodIormuchmorethanaday,soi
startedtheprojectyouseethere,andwaslearnngtoseemcarpet
togetherthereistwolayersoIpaddingunderthecarpet,previousy
therewasoneitIeelsnice,thebasementiscarpetednow,beIoret wasa
dirtholewithinsulationIalleninplacesandcultvatingmold.thereisa
vaporlayor.thereisaIloortotheatticnow, igetitthehouselooked
greatempty,butitlacksshelvingandcabinents;andonceyoustart
livinginitlooksdiIIerent.
Rich,howareyougoingtocallmeahoarderwhenyouhavelike6
Porsches?
idon'tthinkdr.merlissisa badguyatall,hisaolmakeyourownmovie
things;areveryIunnyandwellwritten.ijustthinkheIindsiteasier
andmoresocialacceptabeto blamemeIorthingsandaskmetoIootthe
billIorthemwhereothersaremorejustlytheobjectoItheintended
accountability,
besides,iIyourdiagnoseisiscorrect,thenishouldhavegottento
dsabilityextensiointhingtostaylonger.
alsoyourclientseemscluelesstotheIactthatattyIeeawardsnjustice
ctareimtedtocivilactions....heshouldhaebeeninIormedoIthat
beIoregetting20Kdeep,maybehewas,theseneurosurgeonsarevery
strongwilledIknowmygrandIatherwasthe4theverinthestateoI
Nevada:
Morelli v. Morelli, 102 Nev. 326, 720 P.2d 704, 706 (1986). i
like neurosurgeons my law school class was full of them once
they figured out lawyers run the world. just kidding.
I dont feel i have hit below the belt in this case, and I don't hold
grudges ask Springgate, that bloodsportin' fencer. okay, maybe
a lil of Tom Hall's "go to a guy's funeral just to make sure he is,
in fact, dead because you felt so antagonicstic to him" bent
rubbed off on me a little bit....just kidding Tom's the best.
if the neurosurgeon wants to throw all that money at an issue he
should have the right too, but this guy kind of plays dumb when
his own control freak nature (inherent to all doctors, especially
neurosurgeons) and willfullness begin to turn on him, I doubt he
was not aware of the downsides to going the summary route
(limited in what can be ruled on or addressed, no atty fees, etc.
etc) but now he wants to act like its preposterous he is holding a
20K atty bill? seriously, were my initial repair offers not
competely low balling myself? it was the lack of control and trust
issues that got him, not the costs of the repairs, in my opinion.
there are problems with his retelling of several events, the
antonion thing (what if I have documentation showing antonio
agreed there was a problem and set up an appt to come out and
fix the toilet after he had already been out to examine it?) then
the whole darlene green action 3 days 2K redo the weeds telling
is very flawed, etc etc... well doc don't get your heart set on
evicting a patent attorney with a legal services background
where the facts are kind of bad on retaliation and habitablity
issues, and also want to get it done n a summary arena, then
also want atty fees, etc, maybe when you save peo0ple lives
and your work is so important that level of impatience and self
centeredness is inevitable....i see where you are gong you feel
there is stronger authorty for getting atty fees on an
enforcement theory, so, fine just give me a bill and a time to get
my stuff out of your hair, and I will consider litigating the
hoarder/movng expenses/reasonable storage issue later
reserving my rght to but I don't want to participate in this further
running up a justice court bill over simple stuff....when i was in
the joint i learned to get in touch with my feminine/conciliatory
side real quick, counselor, and maybe you could do that too to
channel the spirit of settlement? i saw an ad for you guys on that
youtube thing Rich told me about and t made you guys look
great! really agressive and thorough, you guys got a really
badass cool nickname like "The Lycan Richard Hill..." or
something like that, man, I wish i had a cool nickname, that
River rock
sounds like a ferocious middle linebacker or something "The
Lycan"...thats great...now Rich, you did seem to say some stuff
to me today or yesterday about being a crackhead or
something..the Irish have struggled and endured through the
English making fishing illegal where surrounded by water and
famine (2 million Irish starved to death between 1848 to 1850)
and have endured despite chemical dependencies issues being
rather prevalent, and perhaps more of a medical issue than a
moral failing, so I know you probaby would take it back if given a
chance.
ivileged, attorney work product or exempt from disclosure under applicable law. If you are not the
Sent: Fri 11/18/11 2:14 PM
Mr coughlin - this confirms a voie mail left for you this afternoon, after
you spoke with my receptionist.
She did not report any vulgarity or other in appropriate behavior.
Thank you.
I have sent you two emails in the last 24 hours.
May we please have the pelasure of a response?
Regards
Rgh
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To ensure compliance with requirements imposed by the IRS, we inform you
that any U.S. federal tax advice contained in this communication (including
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for the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction
RE: filing ready sanctions motion
or matter addressed herein.
Sent: Sat 11/19/11 6:41 AM
mr coughlin - thank you for confirming that you have been receiving my emails.
I will not waste my time arguing with you.
it is obvious that you are trying to create a false paper trail.
your lack of veracity is well documented.
the important points are:
1- you know what is claimed and why.
we have a bill, and, will have the contractor at the hearing on Tuesday - at your
expense.
2- you know what you need to do to get your stuff. it's real simple.
3- my offers regarding your wallet & "client papers," remain open.
are you referring to the two small piles of paper on the car seat in the basement?
or, are you referring to the papers in the big blue bag??
4- crack pipe & bag of weed - don't thinlk they are prescription
5- your statement about officer carter is false & defmatory and will be forwarded to
rpd
time to get real
please act responsibly
rgh
Sent: Saturday, November 19, 2011 1:26 AM
Subject: filing ready sanctions motion
MattMerlissv.ZachCoughlinRev2011-001708,Department2
DearMr.Hill,
ThisisaIilingreadysanctionsmotion.
Iwanttomakeaninitialwrittenstatement(andIbelieveIhavealreadymadeanacrossthe
boardannouncementtoBakerinasimilarvein)thatmakesclearthatIwillnotrespondorreIute
everybaselessorIalseallegationyoumakeorseemtomakeinyourcommunicationstome.
Forinstance,IdonotknowwhatyouarereIerringtoinyourstatements,inyouremailbelow,
whenyouwrotethat:
4-youcangetyourpossessionsoutANYTIME,BUTONLYONTHEFOLLOWING
CONDITIONS:b-becauseoIyourrepeatedbreak-ins,which compromisedthesecurityoIthe
home,youneedtoalsopaythe$1,060thatthecontractorchargedtosecurethehomeandits
contents(yourvaluablepossessions).
c-youwillNOTbeallowedtotakeyourcomputers&drugsandleavealltherestoIthemassoI
junkIorustocleanupatthehouse.youneedtocooperate.
Mr.Hill,pleaseprovideIactualsupportinwritingIortheextremelyinIlammatoryallegations
youmadeabove.Also,pleaseprovideadetailed,itemizedreceiptIromthecontractorcharge
oI$1,060Iorsecuringthehome.AsIarasIcantell,someonenailedaIew$20piecesoI
plywoodoverthescreensonthebackporch.Sincewhendoesthatcost$1,060?Further,you
maywellhavecausedyourclienttohavetodeIendawrongIularrestlawsuit,including
deIamationdamages,consequentialdamages,etcAllIorwhat,soyoucancontinuetobill,
bill,bill?Arentyouembarrassedthattheassociateyouare underadutytosuperviseattempted
tosneaka$2,275conversiontoyourclientoIanimpermissiblerentescrowdepositpastthe
court,whilealsotryingtogetabout$20KinattorneysIeeswherethereexistsabsolutelyno
basisinIactorlawIorsuchanaward?
NowIoryourscandalousstatementinyourrecentemail,paragraph4(c):youwillNOTbe
allowedtotakeyourcomputers&drugsandleavealltherestoIthemassoIjunkIorustoclean
upatthehouse.youneedtocooperate.
Whatonearthdoyoumean,sir,byyourcomputers&drugs?Pleaseprovidedetailedand
speciIicIactualsupportIoryouraccusation,otherwise,Itakeyourwritingtobe,essentially,
somesortoIextortionatethreattoattempttoIramemeinsomemannerbyplantingdrugsoI
somesortattheresidence.Perhaps,thisissomelastgaspattemptonyourparttomanuIacturea
basisIortheattorneyIeeawardyourassociateBakersought,whenhecitedtoanattorneysIees
provisioninNRS40,though,atthetime,headmittedhewasverymuchunawarethatthat
provisionrelatedonlytothosecircumstanceswhereatenantwasguiltoImanuIacturingcertain
controlledsubstancesattherentalresidence.
Tome,yourdrugsblastisparticularlyBuschleagueandlowrentandIhopethatyouwill
apologizetomeIormakingsuchaslanderousallegation.Bydrugsdoyoumeanantibiotics?
DoyoumeanoverthecounterUnisomsleepaid?DoyoumeanVitamins?Because,asIam
sureyouknow,thetenoroIyourwrittencommentimpliessomethingIairlyneIariousand
prejudicial.Iknow,Iromreviewingyourwork,thatyouareIairlylazyandnotallthatadept
withresearchorcomputers.Rather,youseemtobeapaperreseller,providingthatserviceto
yourclientsatapproximatelya90,000markup.DidyouIindaprescriptionIoranantibiotic
orsomethingandnotbothertoevenlookuptheprescriptionmedicationinsertinIormation?
Howmightyouhavecomeuponsuchanantibiotic,wereyougoingthroughmypersonalitems
inanobsessiveandpathetic,brownshirtworthy,attemptto Iindsomething,anything,tosupport
whathasbecomeaIairlypatheticcaseIoryoutobeinvolvedin?Youarenottoviolatemy
privacyormyclientsinanyway,Mr.Hill.YouhavemanuIacturedaphonyneedtostoremy
propertyinanattempttotrytocollectsomething,anythingIoryouoryourneurosurgeonclient,
by reIusing to return my calls or provide an appropriate written response to my numerous
requestandattemptstogetmypersonalproperty. YoureachIorevermoreIarIlungsupportIor
yourtenuousargumentsrelatedtosomeneedtosecurethepropertyyouaredoingagreat
jobinsuringIampreventedIromgettingmyproperty(whichincludesimportantandexigent
clientIiles,IorwhichyourIailuretoprovidemeaccesstoisreprehensibleandtackybeyond
measure).
ThisrecentapparentlyextortionateandpatentlyIalseaccusationonyourpartIallsinlinewith
thecharacteryouevidenceonoraboutNovember16
th
,2011whenyouyelledatCoughlin,
whileyouwerebothdrivingoneoIyouvintagePorchesandsimultaneouslyattemptingtoIilm
Coughlinwalkingonapublicsidewalk,thatyouwerecallingthepoliceandweregoingto
haveCoughlinarrested,again.
Mr.Hill,Irealizeyoudidnotgrowupwiththeinternetandemail.However,pleaserealize,iI
onesendsanemailanditisreturnedtothemasundeliverable,itisrathereasytoprovethat.
Forinstance,letssayoneaddstotheiremailaccountsblockedsenderlisttheemailaddress
oIanattorney(s)orIirmwhocontinuallyattemptstocircumventtheservicerequirementsoIa
summaryevictionproceedingandmakewhatisalreadyaprocessthatproceedsatwarpspeed
evenIasterbycontinuingtoattempttoservicetheopposingpartyelectronicallyorbyemail,
evenwheretheopposingpartywasnotaregisteredeIilerandcontinuallyprovidedwritten
statementstoopposingcounselthatemailorotherelectronicmethodsoIservicewouldnotbe
acceptedandwereineIIectiveineIIectingserviceoIprocesswithrespecttoanymatter.What
then?WhatiIthereisrocksolidprooIthatsuchanattorneywasaddedtotheblockedsender
list,andthatsuchprooIconclusivelyshowsnotonlythattheopposingcounselsassertionsthat
heknowstheotherattorneyreceivedhisemails,onlyIurtherdemonstratethebaselessnature
oInearlyeveryassertionmadebythesaidblockedsender?
Then,theblockedsenderlooksIurtherridiculousbyattemptingtomaintainthathedidntever
receiveanyreturnedasundeliverablemessageuponhisattemptedemailstotheopposing
counselbeingblocked,asaconsequenceoItheattorneysemailaddressbeingaddedtothe
blockedsenderlist,doesnthe?So,areyoustillthinkingyouaregoingtosuddenlygraspthe
complexitiesoIemailcommunications,litigationholdnotices,caching,timestamping,etc?
Mr.Hill,Ididnotreceiveanyemails
WhatisinterestingisthatyourneurosurgeonclientmustunderstandtheconceptoIinIormed
consent,onewouldimagine,right?Well,didhegiveyouhisinIormedconsenttobillhim
$20,000orsoinattorneysIeeswithinasummaryevictionproceeding, evenwhere,Nevadalaw
isextremelyclearastowhenandwhereattorneysIeesawardsareavailableinJusticeCourt,
andwhereitisverywellsettledblackletterlawthatasummaryevictionproceedingisnotone
oIthosesituationswhereattorneysIeesawardsareavailable?Well,didDr.Merlissprovide
youhisinIormedconsent?DidyoucommitalittlewrongsitesurgeryoIyourownthere,oris
Dr.MerlissIeigningacompleteandutterlackoIawarenessoIthestateoIthelawinNevadain
thatregard?IsDr.Merlisstrottingouthisoldstandby,yourcommunicationswereunclear,I
justdidntunderstandthecontentyouwereconveyingtome,theneurosurgeonDr.Merliss
trottedouttheoldyouwereunclear,Imisinterpretedtherules,Ididntunderstandsongin
dancenumeroustimeswhileonthewitnessstandintheinstantcase,Iirst whenexplainingaway
howtheMay14,2011emailexplicitlydetailing,inwriting thehabitabilityissuesandrequestto
curemadeuponDr.Merlissrelatedtothe extremelymoldyinsulationIoundinthehomeaswell
asthebrokenwindow,bothhabitabilityissuesperseunderNRS118a.290.There,goshdarn
it,Dr.Merlissjustdidntunderstand?becausethemessagewasunclear.IsDrMerliss
goingtobesuingyouandyourIirmsomeday,because,darn it,somebodyisresponsibleIorthe
$20KhespentinattorneysIeesonasummaryevictionproceedingthatyieldedanimminently
voidableandvacatableandamendableandappealableJudgment,especiallywhereitisJustice
Court101thatsuchactionsdonotallowIorattorneysIeeawards?IsDr.Merlisssimilarly
goingtobesuingyouallegingthatyournegligenceinmakingIalseandornegligentstatements
toapoliceoIIicercausedanattorneytobearrested(andallthedeIamatoryandconsequential
damagesstemmingthereIrom,especiallyconsideringyourreIusaltoallowthatattorneyto
accesshisclientIiles,evenunderexigentcircumstances thatyouweremadeawareoInumerous
timesandinnumerousways)andtherebymanagedtogetDr.MerlissensnaredinawrongIul
arrestsuit,adeIamationaction,etc..Isthisevenmoretruewheretheassociateyouhadand
haveadutytosupervisedidinIactsendthetenantawrittenstatementorbillIorrentIor$900
Iorthe121RiverRockStproperty,therebyevisceratinganyevictionaswellasanybasisIor
seekinganarrestIortrespassing,muchlessthemoreegregiouschargesyouwereoverhead
imploringtheOIIicerCartertoIile.IamreIerringtotheRenoPoliceOIIicerCarterwhoalso
statedtomethatyoupaidhimalotoImoneyandthathewouldarrestwhoeveryousaidto
arrestanddowhatyousaidtodo.IsDr.Merlissgoingtobeansweringyourquestionsata
depositionsomeday,withmincingattemptstoexplainhowyouwereunclearuntilyouhave
himcorneredinsomeanalyticalquagmire,atwhichpointhewillattempttochangethesubject,
IeignaninabilitytodiscernsimpleEnglishinamannerthatwouldmakeSammySosa
respondingtosteroidquestionsblush,andjustgenerallyembarrasshisproIessionoverwhat
doesnotevenamounttoanunbelievablysmallIractionoIhisyearlysalary(likesay,$500
buckstoquashcomplaintsoImoldyinsulationinIestationintherental).
Further,youstatedtoOIIicerCarterneartheendoIthetrespassingarrestoINovember13
th
,
2011thatneitheryounoranyoneIromyouIirmhadsentthetenant,Coughlin,anythingin
writingpurportingtochargeCoughlin$900Ior rentoIthepropertyIorNovember2011,norhad
youoryourIirmsentanythingtoCoughlinassertingthatyouandyourIirmwouldnotallow
CoughlinaccesstoanyoIhisproperty(includingexigentclientIiles)inlightoIanunspeciIied,
undetailed,unitemizedlienthatyouroIIiceassertedtohaveoverCoughlinsproperty.You
robbedOIIicerCarteroIthatvitalbitoIinIormationbyyourstatementthatnosuchwritten
communicationwassenttoCoughlin,eitherbyyouoryouroIIice,andinsomakingsucha
statementyouliedorwereextremelynegligentinyourresponsetoOIIicerCartersquestion,
andthusyou,andbyextension,yourclientareliabileIorawrongIularrest,adeIamationclaim,
etc.,etc.PleasebesuretoobtainIromMr.BakercopiesoIIallthecorrespondenceshehassent
Coughlin,particularlythoseIromNovember2011thatpurporttochargeCoughlin$900rentIor
the121RiverRockSt.propertyIorthemonthoINovember2011andwhichreIusetoprovide
CoughlinaccesstohispropertyorallowCoughlintoremovehispropertybaseduponsome
unidentiIied,unitemizedlienBakerassertsoverCoughlinsproperty.
Also,pleasereadtheLeastAgreementIortheIirsttime.YouwillIindtheLeaseAgreementis
quiteclearthattherentalpropertymaybeusedIorANYpurpose,includingacommercial
purpose,suchasalawoIIice,or,say,someotherbusinessthatmy ormaynotrequireanyoIthe
businesslicensurerequirementsyoualludeto. IknowyoulikelywillnotevenreadtheLease
Agreementasingletime,ratherwilllookatthevoluminousstackoIemailspropoundedby
theopposingpartypurportingtoencapsulatethewrittencorrespondencebetweenlandlordand
tenantthenIailtoevenskimthestack,butratherthrowaheItyentryontothebillablehours
pile(whichwillnotstopyouoryourassociateIrombillingIorsuchareviewseveralmoretimes
overthenext6weeks,norIromcommittingnumerousviolationsoIJCRCP11,NRS7.085,the
FDCPA,etc)..But,youmightactuallywanttoreadtheLeaseAgreement,itisclear,therental
couldbeusedIoravarietyoIpurposes,includinga commercialone,orahybridpurpose,sucha
Ior a home law oIIice oI a solo proprietor
Further,theLeaseAgreementisclearon theliabilityoIyourclientIorthepropertydamage
donebyGreenActionLawnService,whomyourclientmadetheoutlandishassertionwaspaid
over$2,000todothesamejoboItakingcareoItheweedsjust3daysaIterourclient
enthusiasticallyagreedto,inwriting,paythetenant$300totakecareoItheweeds.
Mr.Hill,youhavemyphone.PleasedonotassumeanynumbersIhavecalledyouIromarenot
payphonesorphonesthatIborrowedIromsomeonetomakeacallorothersuchtemporary
phonenumbers.Fornow,IorthesolepurposeoI lettingmeknowwhenandhowyouwillallow
metoaccessandremovemypropertyIrom121RiverRockandtoestablish,itemize,and
providedocumentationinsupportoIanylienyouclaim,youmayemailmecommunicationsto
myemailonIileatwww.nvbar.org.PleasedonotIaxme.IIyouhavebeenIaxingmeplease
letmeknow.YourconversionoImypropertyhasrenderedphoneandIaxcommunicationless
reliablethanitnormallywouldbe.Further,yourconversionoIbothmywalletandthestate
issuedidentiIicationitcontains,andIorwhichyouhavebeenmadeareoI,hasmademakingthe
necessaryarrangementsinvolvedwithmoving,runningmyliIe,protectingmyclients,helping
yourclient,andjustgenerallydoinganythingotherthanallowyoutocontinueyourattorneys
Ieesraindanceandextortionate,deIamatorydiatribes,well,ratherdiIIicult.So,tobeclear,
regardinganyemailsmyoIIicialwww.nvbar.orgemailaccount,zachcoughlinhotmail.com,
receivedIromyourrhillrichardhillaw.com,IdidreceiveyourtwoemailsIrom11/18/11,one
at6:51a.m.andoneat2:14p.m.BeyondthattheonlyemailreceivedIromyouroIIicialemail
addresstominewasyourintroductoryemailoI8/16/11at4:33p.m.,tomealertingmetoyour
undertakingtherepresentationoIDr.MerlisswithrespecttothemattertowhichIhadalready
beguntoinitiateordeIendagainstvisavisNRS118a.510.So,IassureyouIwillhaveno
problemtestiIyingto,signinganaIIidavit,orotherwiseprovingthatIdidnotreceiveanyemails
Iromyourrhillrichardhillaw.comoIIicialemailaddressatanytimebetweentheillegallockout
onoraboutNovember1uptotheemailyousentmeon11/18/11at6:51a.m..So,please
adjustyourpleadingstoreIlectthatyouremailaddressdidnotsuccessIullytransmitanyemails
tomyemailaddress,andthatyoudonothaveanywrittensupportIoryourcontentionsthatyou
didreceiveconIirmationoIanysuchsuccessIulemailtransmissionIromyouremailaddressto
mine,muchlessanemailrelatedtoallowingmetoaccesstoortheabilitytoremovemy
property.
YoursuccessIullytransmittedemailsIromyourrhillrichardhillaw.comaddressareincluded,
intheirentiretybelow.So,justpleaseemailmethetime,evenanytimethisweekend,Saturday,
Sunday,whenever,whenyouwillallowmetogetmyproperty,includingmystateissued
identiIication,wallet,clientIiles,computers,harddrives,etc.,etcPleaseincludeanitemized,
detailedstatementoIanyamountsyoubelieveImustpaypriortoyourallowingsuchaccess,
legalsupportIoryourtakingsuchpositions,andIactualsupportanddocumentation,including
writtenassertionsthatyoudidnotreceiveanyreturnedasundeliverableemailsinresponseto
anyoIyourallegedattemptstoemailmeatanytimeinNovember2011aboutanythingatall.
Again,IhavemorepressingmattersthantospeciIicallyaddresseveryIalseallegationyou
make,butpleaseprovidesomewrittenandspeciIicdocumentationinsupportoIyour
allegationsoIproIanityorobscenitybeingutteredincommunicationswithyourstaII,rather
thanyourmalignanthearsay.Finally,ahint.MaybecheckyourIailedemailIolderIor
inIormationrelatedtoyourNRCP11dutytothecourtwithrespecttoyouassertionsthatyou
knowIreceivedyourallegedemailsinNovember2011.Also,pleasebesureto
rememberthatyouhavebeenplacedonaLITIGATIONHOLDNOTICE withrespect
toanyemailsyouhavereceivedwhichinanywayinformyouthatanyemailsyouhad
attemptedtosendtomyaddressmighthavenotbeensuccessfullytransmittedorwere
otherwisereturnedasundeliverable.
AsIoryouremails,Mr.Hill,IreceivedtheIollowingIromyouremailaddressonIilewith the
StateBaroINevada,rhillrichardhillaw.com:
From:RichardHill(rhillrichardhillaw.com)
Sent:Tue8/16/114:33PM
To:'MattMerliss'(magundaaol.com);zachcoughlinhotmail.com
mrcoughlin-pleasedirectallIurthercommunictaionsontheriverrockpropertytomyoIIice.
rgh
652Ioreststreet
reno89509
Sent:Fri11/18/112:14PM
To:zachcoughlinhotmail.com
Mrcoughlin-thisconIirmsavoiemailleItIoryouthisaIternoon,aIter
youspokewithmyreceptionist.
Shedidnotreportanyvulgarityorotherinappropriatebehavior.
Thankyou.
Ihavesentyoutwoemailsinthelast24hours.
MaywepleasehavethepelasureoIaresponse?
Regards
Rgh
Subject:RE:issues
Date:Fri,18Nov201106:51:41-0800
mrcoughlin-Ioramomentthere,ithoughtthatyouweregoingtoholdittogether.
youneedtorespondtomyemailoIyesterday,whichispastedbelow.itadequatelydescribes
what youneedtodoandpay.seepartagraph4!!
myoIIertoretrieveyourwalletisstillopen,anditextendstoyour"clientIiles,"eventhough
youhadaresidentialleasethatdidnotcontemplateyourunninganunlicensedbusiness.
iIyoucontinuethegamethatyoudidnotgetmyemails,thenithinkthatyouputthecontentsoI
yourcomputersatissue,andweneedtobeconcernedaboutissuessuchasspoliation.
youneedtorespondtothis,ormyemailoIyesteday-pastedbelow.
rgh
Mr.Coughlin-youremailsbelowaresoIulloIoutrightliesandmisstatements,thatitis
impossibletoaddressthemallandtoughtoIigureoutwheretostart.
1-webothknowthatthereasonyouwerenotrespondingtomyemailsaboutgettingyourstuII
outisbecauseyouwereensconcedinthebasementIoralmosttwoweeks&thoughtwewould
neverIigureitout.youhaveIabricatedthepartaboutcallingorcontactingustogetyourstuII
out.(pleasebesuretosaveyourcellphonebill,asitshouldshowwho youactuallycalled&
when.pleasebesuretopreserveallevidence.)theIactis,Iwasemailingyou&youwerenot
responding.younowbeartheconsequencesoIyourIoolishdecisions.
2-youhadampletimetogetyourstuIIoutaIteryouwereapprisedthatyouweregoingto
actuallybelockedout.youhadaweek,butdidnothing.
yourreIerenceto10minutesisjustnonsense.youchosetousethetimeyouhadtogetyourselI
ratholedinthebasement,ratherthandealwithrealityandgetyourstuIIout.
3-theIormyouslidthroughthemailslotlastnightcahllenegsthelandlord's"LIEN."please
lookatyourIormandthestatute,NRS118A.460,AGAIN.itcontrols,whetheryoulikeitor
not.
CONDITIONS:
a-youowe&mustpay,incash,$30perday($900/30$30)startingNovember1,2011,Ior
storage.thereisnorequirementthatwemoveyourstuII.youpickthe dateandpaythroughthat
date-BEFOREyougetyourstuII.LOOKATTHESTATUTE!
yes,wecouldpay$2,000tomoveyourhoardoIgoodsintoastorageIacility.
however,whiletherentmightbecheaper,thetotalwouldbeIarmorethanjustleaving itwhere
YOULEFTIT.wearemitigatingyourdamages,andactuallymakingitcheaperIoryoutoget
yourstuIIreleasedIromthestatutorylien.
b-becauseoIyourrepeatedbreak-ins,whichcompromisedthesecurityoIthehome,youneed
toalsopaythe$1,060thatthecontractorchargedtosecurethehomeanditscontents(your
valuablepossessions).thatpricedoesnotincludethebasementdoorthatwasdestroyedinthe
processoIgettingyououtwhenyouwerearrested.but,iIyoupaytheotherrelatedcosts,we
willrecommendthatDr.Merlisswaivethedamageddoor.
d-youwillneedtodemonstratetheIinancialabilityandadequatemanpowertogetsubstantially
everythingoutinoneday.wesuggestthatmeansau-haul,orsomethingsimilar,andsome
manpowertoassist.weMAYbewillingtoallowyoumoretime,dependingonyour
deportment,yoursincerityandyoureIIorts.todate,youhavebeensorelylackingonallIronts.
iIyouwanttomakeaproposal,putitinanemail&senditback.
however,pleasekeepitreal.youarenotincontrol-onmanylevels.
5-wethinkthatyouarecorrect,thejustice'scourtawardoIcostsshouldbevacated.
wewillprepareastipulation&Iorwardittoyouelectronically.pleaseconIirmthatyouwill
sign&returntheoriginal.thatwouldbeagoodstepontheroadtosincerity.
6-PLEASESTOPTHEVULGARITYWITHMYSTAFF.thereisnoexcuseIorabusing
otherpeople,itisnotyourright.themorediIIicultyoumakethings,themorediIIicultthings
willbe.
7-soweareallclear:UNTIL&UNLESSYOUHAVEPRIORSPECIFIC
AUTHORIZATIONFROMME,YOUARENOTTOBEONTHEPROPERTYFORANY
REASON.pleaseseeNRS22.020.
maywepleasehearIromyou-inanemail??
rgh
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
takingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited. This message is confidential,
FW: I dispute any and all debts and supposed
verifications of debts you, your firm or Merliss
alleges or have sent me
Sent: Sun 11/20/11 12:42 PM
Mr. Coughlin - you continue to lie.
You & I have spoken several times.
You 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
thousand 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 starting 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 are useable finger prints on the tape.
We'll let you know on that.
As before, my offer to get your wallet & files remains open
Rgh
From: cdbaker@richardhillaw.com [mailto:cdbaker@richardhillaw.com]
Sent: Sunday, November 20, 2011 7:06 AM
Subject: Fw: I dispute any and all debts and supposed verifications of debts
you, your firm or Merliss alleges or have sent me
> -------Original Message-------
> From: Zach Coughlin <zachcoughlin@hotmail.com>
> To: cdbaker@richardhillaw.com
> Subject: I dispute any and all debts and supposed verifications of
> debts you, your firm or Merliss alleges or have sent me
> Sent: Nov 20 '11 04:17
>
> I dispute them all. Further, I do not believe you ever sent any
itemized.
> I just want to get my property. 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
> for the property being there, plus say you are charging for moving
> expenses....this 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 property. This is getting
> very very low rent from you guys, pathetic really. I didn't make
anything
> up about what RPD Officer Carter said. Rich might not like hearing it,
> what Officer Carter said might not be true, Officer Carter may be
> able to explain away why he said that, but I have a feeling you guys
> are going to have a difficult 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 confidential
> client files and or mail of mine currently at the property, making
> threats to have people arrested for being on sidewalks no where near
> his office (and even that is not a crime, even where RPD tell people
> who aren't Rich they need to "pursue a civil remedy" while treating
> Rich's ridiculous civil stalking accusations as a potentially
> "criminal matter", then pulling people over for mysterious "failure to
come to a complete stop before the white line"
> and other ridiculous reasons. Further, you and your firm are withholding
> my state issued identifcation, bank cards, 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 am not sure that the rules of professional
> conduct do not apply to either of you.
>
> Zach Coughlin, Esq.
> 121 River Rock St.
> Reno, NV 89501
> 775 338 8118
> Licensed in Nevada
>
> ** 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
Re: I dispute any and all debts and supposed
any attorney-client, work product, or other applicable privilege.
Sent: Sun 11/20/11 5:05 PM
To: <zachcoughlin@hotmail.com>(zachcoughlin@hotmail.com)
Cc: <cdbaker@richardhillaw.com> (cdbaker@richardhillaw.com)
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 & files, without you needing to pay first. 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 & are 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,noideawhatyoumeanbythe"yardsale"signs...Yes,
pleaseletmegetmywallet,whichincludesmystateissued
identiIicationandmyclientIiles,whichyouhaveadmittedto
goingthrough.Letmegetthematonce.Justletmeknow
whenandhowIcangetthem.Idonotbelieveyouare
entitledtoactasaIoremanwhileImovemystuII,nordoyou
haveastatutoryrighttobeagradeschoolteachermakingme
dothisandthatintheorderyouwant.Justkeepitup,Rich,I
don'tyouaregoingtobesocomIortableineverycourtroom
wetakethistoo.Youhaveindicatedyouwon'tgivememy
walletorclientIileswithoutpayingsomeamountsyouallege
are owed, some oI which you or Baker have classiIied as rent,
whichisrentdistraintandhasbeenprohibitedbyNRS118A.
Regardless,Ineedthosematerialsimmediatelyitsurgentmy
clientsinterestsmayhavealreadybeendamagedbyyour
reIusaltoallowmeaccesstomyandtheirproperty.Iwillpay
yourransomunderprotestandwecanlitigateitlater,butI
don'tseemyclient'sascashcows,andIdon'tcalltheproperty
oIthosewhoarenotasrichasyoumaybe"junk",nordoIput
yourclientandyourtasteIorbloodsportabovetheinterestoI
lowermiddleclassAmercianscustodycasesandmortgage
Ioreclosureavoidanceinterests.Howabouttodayanytime
betweennowandmidnightcanmeetyouoranyoneatthe
propertyandatleastgetmywallet/identiIication,andclient
Iiles?JustgivemeanemailandletmeknowandIwillbe
there.
Sincerely
ZachCoughin
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
``Notice``Thismessageandaccompanyingdocumentsarecoveredbytheelectronic
CommunicationsPrivacyAct,18U.S.C.2510-2521,andmaycontainconIidentialinIormation
intendedIorthespeciIiedindividual(s)only.IIyouarenottheintendedrecipientoranagent
responsibleIordeliveringittotheintendedrecipient,youareherebynotiIiedthatyouhavereceived
thisdocumentinerrorandthatanyreview,dissemination,copying,orthetakingoIanyactionbased
onthecontentsoIthisinIormationisstrictlyprohibited.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
> From: rhill@richardhillaw.com
> Subject: FW: I dispute any and all debts and supposed verifications of debts you, your
firm or Merliss alleges or have sent me
> Date: Sun, 20 Nov 2011 12:44:49 -0800
>
> Mr. Coughlin - you continue to lie.
> You & I have spoken several times.
> You 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
> thousand 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 starting 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 are useable finger prints on the tape.
> We'll let you know on that.
>
> As before, my offer to get your wallet & files remains open
>
>
> Rgh
>
> From: cdbaker@richardhillaw.com [mailto:cdbaker@richardhillaw.com]
> Sent: Sunday, November 20, 2011 7:06 AM
> To: rhill@richardhillaw.com
> Subject: Fw: I dispute any and all debts and supposed verifications of debts
> you, your firm or Merliss alleges or have sent me
>
>
>
>
> > -------Original Message-------
> > From: Zach Coughlin <zachcoughlin@hotmail.com>
> > To: cdbaker@richardhillaw.com
> > Subject: I dispute any and all debts and supposed verifications of
> > debts you, your firm or Merliss alleges or have sent me
> > Sent: Nov 20 '11 04:17
> >
> > I dispute them all. Further, I do not believe you ever sent any
> itemized.
> > I just want to get my property. 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
> > for the property being there, plus say you are charging for moving
> > expenses....this 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 property. This is getting
> > very very low rent from you guys, pathetic really. I didn't make
> anything
> > up about what RPD Officer Carter said. Rich might not like hearing it,
> > what Officer Carter said might not be true, Officer Carter may be
> > able to explain away why he said that, but I have a feeling you guys
> > are going to have a difficult time explaining away this bullshit
RE: getting my property
> > 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 confidential
> > client files and or mail of mine currently at the property, making
> > threats to have people arrested for being on sidewalks no where near
> > his office (and even that is not a crime, even where RPD tell people
> > who aren't Rich they need to "pursue a civil remedy" while treating
> > Rich's ridiculous civil stalking accusations as a potentially
> > "criminal matter", then pulling people over for mysterious "failure to
> come to a complete stop before the white line"
> > and other ridiculous reasons. Further, you and your firm are withholding
> > my state issued identifcation, bank cards, 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 am not sure that the rules of professional
> > conduct do not apply to either of you.
> >
> > Zach Coughlin, Esq.
> > 121 River Rock St.
> > Reno, NV 89501
> > 775 338 8118
> > Licensed in Nevada
> >
> > ** 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: Mon 11/21/11 2:07 PM
Cc: cdbaker@richardhillaw.com
the court is trying to get ahold of you to hear your motion on the landlord's lien
tomorrow.
if you don't contact them, you won't get a hearing & your stuff will just stay where it is
until late december, because our schedule is blocked until then.
please contact the court
325-6501
rgh
Subject: getting my property
Dear Mr. Hill and Mr. Baker,
I am writing to check in with you and see if you will allow me to get anything from the 121 River Rock
property today. I cannot stress enough how much you are damaging my business, and my client's
affairs minute by minute. Your "suggestions" that I address the back porch first show a completely
callous disregard for my clients rights. Further, I believe you are committing a crime by withholding my
wallet and state issued identification. Let's just resolve this. I believe the wallet is in the basement,
perhaps on the hanging table by the mattress. The phone is likely nearby that. There are a couple of
phones. Further, I need all three scanner/printer type devices, both laptops, various power cords, the
desktop, all my monitors (both upstairs and in the basement), I also need to get my families mementoes
and heirlooms and anything connected to my law practice, right away. It is not that I am abandoning
anything else, its that I have exigent client needs that must be addressed. You try running your life
without your ID card and bank card, it is not easy. I checked the phone number I gave you, and
received no messages from either of you, nor did I receive any emails. I feel it would be more prudent
for me to go to the property and avoid you or your agents handling any of my fragile property or
confidential client files. If you want someone to supervise, that is fine, but I dont' have a photographic
memory and cannot just write to you with exact information related to everythign I need to get on an
exigent basis and include exact location information. I don't see my stuff as "junk" as you have
characterized it, however, I believe NRS 40.460 addresses how you may protect your clients interests,
and it speaks to what you may do after 30 days have passes, not all the busybody, nosy, hall monitor
"conditions" and "hoops" you would love to make me jump through pursuant to your fantastical
interpretation of the statute, assuming you ever even read it, which, considering Mr. Baker's asking the
court for some $20K in attorneys fees in a summary eviction proceeding where no allegations of
controlled substances manufacture where ever made, despite Baker's citing to NRS 40.253(3), and
where NRS 69.030 only allows for prevailing party fees in "civil actions", which, under J CRCP 3 are
distinct from eviction matters., is not that likely.
SincereZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Our conversation
River rock
Sent: Mon 11/21/11 2:21 PM
Mr. Coughlin - this confirms our conversation of a few moments ago.
You need to call Reno justice's court & confirm that the hearing on your
motion is on for tomorrow.
Once you have done that, & the hearing is on calendar, call me back, & we
will have a substantive conversation
I want you to set your hearing, because you are not going to get everything
you want, and want you to have had a hearing.
As a lawyer, you know the rules.
Please proceed responsibly.
Also, please do not be putting words in my mouth when we speak.
I choose my words with you as carefully as I can
Rgh
Sent: Mon 11/21/11 2:51 PM
Mr coughlin -this confirms a voicemail left for you
I now have your drivers license & what I think are your client files.
Don't know, didn't look that closely - your privacy & all.
RE: River rock
Will release them to you at the hearing tomorrow.
Please confirm that the hearing is on calendar
Rgh
Sent: Mon 11/21/11 3:27 PM
and the hearing status...............??
Subject: RE: River rock
Rich,youareawarethat"Iiles"canincludethingsonharddrives,right?
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
destroy any copies in any formimmediately Receipt by anyone other than the named recipient(s) is not a
RE: Our conversation
> Subject: River rock
> Date: Mon, 21 Nov 2011 14:53:03 -0800
>
> Mr coughlin -this confirms a voicemail left for you
> I now have your drivers license & what I think are your client files.
> Don't know, didn't look that closely - your privacy & all.
>
> Will release them to you at the hearing tomorrow.
> Please confirm that the hearing is on calendar
>
> 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
> you have received this message in error, please notify the sender and delete
> the email message from your system. Thank you.
>
> Circular 230 Notice.
> 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.
>
Sent: Mon 11/21/11 3:30 PM
To: zachcoughlin@hotmail.com; cdbaker@richardhillaw.com; kstancil@washoecounty.us
ms stancil - if mr coughlin does not want the hearing prayed for in his motion, that is
his decision.
we are available.
please let us know the court's decision on whether or not to proceed tomorrow at 9:30
we would like to proceed, so that there is at least a record.
regards
rgh
348-0888
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; kstancil@washoecounty.us
Subject: RE: Our conversation
DearRJC,Ms.Stancil:
PleasenotethatmytemporaryaddressIornowis:
ZachCoughlin,Esq.
c/oSilverDollarMotel
817N.VirginiaSt.,Unit#2
Reno,NV89501
IdohaveaIaxnumber,butIwouldpreIeriIyoudidn'tuseitbecauseit
issomewhattiedtothecomputersthatRichardHillisapplyingwhatI
believetobeanunlawIulrentdistraintto.
Idon'treallyhaveareliabletemporaryphonenumber.RichardHill
reIusestogivemebackmystateissuedidentiIication,wallet,cell
phone,keys,etc.(IalsoneedmyclientIilesverybadly,Iortheirsake
andmine).
DearMr.Hill,
Usually courts send some notice in writing about hearings, not have the opposing attorney claim there is
one in an email, nor allow the opposing attorney to condition his return of someone's state issued
identification and or exigent client materials and law practice equipment upon the other attoreny
assenting to a waiver of the notice and service requirements applicable to the matter....What rules apply
to procedural notice requirements in these cases? Nothing in J CRRT according to J CRRT Rule 2, not
much found in NRS 40 or 118a. J CRCP R 83 forbids the "house rules" that you seek to take advantage
of, where they are neither published nor approved by the NV S. Ct.....plus you have forbidden me to get
my mail from the property (and you have even attempted to get me arrested and threatened to do so
for my standing in public places not really doing much of anything) and the USPS probably has not
processed my change of address yet. I need to get my property, not help you circumvent the
procedural protection of notice and service of hearings. I know, you are so used to some people
bending over backwards to help you get things done quickly that you get all crabby and tuckered out
when you actually have to role up your sleeves and do work. But, just relax, get yourself a juicebox and
a Lunchable or something, and take it one thing at a time....like find a basis for notice for these
hearings, etc....make sure that it doesn't stem from some unpublished, unapproved by the N. S. Ct.
"house rule" of the RJ C, and lets go from there. In the meantime, get some informed consent from
your client, because that Schiff case puts your client in danger of losing his house over a retaliatory
refusal to stand behind a couple hundred bucks of rent deductions he agreed to or to fail to follow the
notice of inspection provisions he agree to in writing in the Lease Agreement.
Again, I have a standing caveat in this case that I will not respond to or refute every baseless allegation
or attempt at recounting facts that you make in writing or otherwise, it would just be too burdensome.
So all your "this email memorializes, whatever, whatever," you can save.
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
> CC: cdbaker@richardhillaw.com
> Subject: Our conversation
> Date: Mon, 21 Nov 2011 14:23:24 -0800
>
> Mr. Coughlin - this confirms our conversation of a few moments ago.
> You need to call Reno justice's court & confirm that the hearing on your
> motion is on for tomorrow.
> Once you have done that, & the hearing is on calendar, call me back, & we
> will have a substantive conversation
>
> I want you to set your hearing, because you are not going to get everything
> you want, and want you to have had a hearing.
> As a lawyer, you know the rules.
>
> Please proceed responsibly.
> Also, please do not be putting words in my mouth when we speak.
> I choose my words with you as carefully as I can
>
> Rgh
>
>
>
RE: Merliss v. Coughlin
Sent: Mon 11/21/11 4:24 PM
To: 'Casey Baker' (cdbaker@richardhillaw.com); zachcoughlin@hotmail.com
mr coughlin - what is wrong with you?
you ask for a hearing and then refuse to agree to have it?
does that sound like a responsible attorney to you?
if we are wrong - let's go see the judge, he'll know what to do to us.
if you are right, this ouught to be a cakewalk for you
told you - wallet at hearing
no hearing, lien stays in place
your call.
rgh
Cc: 'Richard Hill'
Mr. Coughlin:
The email copies were provided to you as a courtesy, only. Service of those papers will be done by mail.
What is the status of tomorrows hearing? Are we on calendar?
Casey Baker
Casey, couldn't open them, and even if I could, I don't consent to service by email of pleadings, nor by
fax. I have told you that many times. I will file a Motion for Sanctions if you do not cease attempting
to circumvent the procedural protections accorded tenants. The only matter for which I consent to
having you or your office contact me by email is to tell me if and when I can get my exigent client/law
River rock
practice materials/state issued identification, etc. I refuse to accept service of pleadings and motions
you wish to sling through the courts at warp speed while withholding my mail and wallet. Come on!
Your better than this!
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Sent: Mon 11/21/11 4:28 PM
Cc: 'Casey Baker' (cdbaker@richardhillaw.com)
Mr coughlin - the court advises the hearing is off - because of your lack of
cooperation.
See you in december, I'm busy
Rgh
RE: unlawful rent distraint. How much do I need to
pay to get my identification, client files? How much
for other property?
Sent: Mon 11/21/11 4:41 PM
who is SCHIFF??
what are you talikng about?
do you know?
will give you wallet & papers - no charge.
did not see any cell phones.
what do you propose that keeps you away from me, my office & my staff??
Subject: unlawful rent distraint. How much do I need to pay to get my identification, client files? How
much for other property?
Mr. Hill and Mr. Baker,
How much do I need to pay you today to get access to my property. I wish to do so. If today is no
good, please tell me, in itemized detail, how much I need to pay, and for what. Are you continuing to
refuse to provide me with my wallet and state issued identification, which I have clearly indicated to you
is in the basement on the table next to the mattress? Are you further, in reckless abandon of the
dictates of Schiff, refusing to provide my client files and lawpractice materials? Please let me know how
much money you want and for what, and I will deal with your unlawful rent distraint at a later time,
reserving my right to.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
only II you are not the intended recipient or an agent responsible Ior delivering it to the intended recipient you are
Re: unlawful rent distraint. How much do I need to
for other property?
Sent: Mon 11/21/11 5:15 PM
Cc: <cdbaker@richardhillaw.com> (cdbaker@richardhillaw.com)
Stay away from the house.
Address my questions.
Stay away from me, my office, my staff & that house on river rock!! Clear enough for you?
You get the wallet & the papers I was able to gather, that's IT. That's why I told you to set the
hearing.
If that stuff disappears from the house, your email alone is enough probable cause for a search warrant.
Don't add burglary & possession of stolen property to your repertoire.
Address the issues!
RGH
I can meet somebody over there at 5:15 pm today if that works or I could come over now
and pick up a key or something, use it and return it. Otherwise, if you will provide
permission to do so, I could probably pry off a piece of plywood myself and get into the
basement and get these materials, then hammer the plywood back in place. That would
alleviate the need for a key to the upstairs for now. You have this writing indicating I
would make a good faith effort to restore the plywood to its previous fortress like state
after removing my property, and you do have the ability to call the police should I or
anyone else be found there after some appointed time. How about this, agree in writing
that I can do that today between now and midnight. If today is no good, agree to
tomorrow.
So, are you refusing to give me the client files that are found only on hard drives within
the desktop PC, the laptops, the cell phone (check next to the microwave below the
hanging table, next to the mattress in the basement for the phone, which contains law
practice/client files on it). I also have client files on the Brother MFC 5490cn scanner all in
one machine (near the same table in the basement). It would be best for me to have
access to the basement at least to gather the various client files. I realize you seem to
think I have barely any clients, but that is not the case. Regardless, I need their files,
some are in hard copy, some are in electronic formats on hard drives, etc. I realize you
are asserting some real need to secure the property and that you have spent some $1060
paying a contractor to do so, however, I would love to know how that comports with your
leaving the window air conditioning unit one can see on the southern side of the house in
place, with absolutely nothing preventing one from pushing that window unit inside and
entering through the window? If it helps, I can probably get by without getting into the
upstairs at all for the time being to access materials. If you allow me say no more than 20
minutes in the basement to gather that which is exigent and or I have an immediate right
to, then I would imagine we can litigate the rest in an orderly fashion. I don't know if that
includes letting you go on vacation until December, but, its up to you. I have no intention
of damaging the property or causing Dr. Merliss trouble.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
From: rhill@richardhillaw.com
CC: cdbaker@richardhillaw.com
Subject: RE: unlawful rent distraint. How much do I need to pay to get my identification,
client files? How much for other property?
Date: Mon, 21 Nov 2011 16:43:33 -0800
who is SCHIFF??
do you know?
Your stuff
Subject: unlawful rent distraint. How much do I need to pay to get my identification,
How much do I need to pay you today to get access to my property. I wish to do so. If
today is no good, please tell me, in itemized detail, how much I need to pay, and for
what. Are you continuing to refuse to provide me with my wallet and state issued
identification, which I have clearly indicated to you is in the basement on the table next to
the mattress? Are you further, in reckless abandon of the dictates of Schiff, refusing to
provide my client files and law practice materials? Please let me know how much money
you want and for what, and I will deal with your unlawful rent distraint at a later time,
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Sent: Tue 11/22/11 11:43 AM
Mr coughlin - this confirms that you have your wallet - and whatever was Iin
it.
I also released two bags of papers to you.
Don't know what is in them
FW: FILING READY SANCTION MOTION ATTACHED;
DEMAND FOR RETURN OF PROPERTY
If you want to discuss the protocol I have laid out for you to get the rest
of your stuff, feel free.
It is not written in stone, but you know the parameters that you will need
to meet.
If you are going ramble, just make demands or refuse to recognize reality,
don't bother.
Rgh
Sent: Thu 11/24/11 5:57 AM
Mr. Coughlin - the process to get your stuff is clearly and simply set forth in paragraph
4 of my November 17,2011 email - below.
please let me know when & how you wish to proceed.
considering your dilly-dallying, getting a dumpster over there, or making any real
progress, on thanksgiving will be difficult.
please note we have set out what you must do.
means & method, subject to verification & security ( in every sense of the word) are
open.
when you email & call me, after business hours, knowing that we will be out, does not
create the kind of paper trail you are looking for. your antics are pretty transparent.
also, the cute calls during the day, when you pretend to be somebody else, only serve
to re-inforce our concerns about your mental stability & the cautions we must take
when dealing with you.
this is the response to your email of last evening (11/23/2011 @ 8:48pm)
rgh
Subject: RE: FILING READY SANCTION MOTION ATTACHED; DEMAND FOR RETURN OF PROPERTY
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 start.
1- we both know 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 weeks &
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 actually called & when. please be sure to preserve all evidence.)
the fact is, I was emailing you & you were not responding. you now bear the
2- you had ample time to get your stuff out after you were apprised that you were
going to actually be locked out. you had a week, 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 stuff
out.
3- the form you slid through the mail slot last night cahllenegs the landlord's "LIEN."
please look at your form and the statute, NRS 118A.460, AGAIN. it controls, whether
you like it or not.
4- you can get your possessions out ANYTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS:
damaged door.
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, it is not your right. the more difficult you make things, the more difficult
things will be.
7 - so we are all clear: UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION
FROM ME, YOU ARE NOT TO BE ON THE PROPERTY FOR ANY REASON. please see
NRS 22.020.
rgh
Subject: FILING READY SANCTION MOTION ATTACHED; DEMAND FOR RETURN OF PROPERTY
MERLISSV.COUGHLINREV2011-001708
MOTION FOR SANCTIONS
THIS WRITING INTENDS TO S
ERVE AS A FILING READY MOTION FOR SANCTIONS RELATED TO THE IMPERMISSIBLE AND LEGALLY
UNSUPPORTABLE REQUEST BY BAKER AND HILL ON BEHALF OF THEIR CLIENT MERLISS FOR
ATTORNEYS FEES IN J USTICE COURT FOR A NON CIVIL ACTION MATTER, SEE NRS 69.030 AND J CRCP
RULE 3 AND THE LAW AND ARGUMENT DETAILED HEREIN..
RICHARD HILL, YOU HAVE MY WALLET AND MY CELL PHONE AND MY HARD DRIVES, CLIENT FILES,
LAPTOPS, DESKTOP COMPUTERS AND OTHER PERSONAL PROPERTY IN YOUR CONTROL AT 121 RIVER
ROCK ST RENO NEVADA 89501. I DEMAND YOU ALLOW ME TO ACCESS IT. I WAS NEVER PROVIDED
THE 10 MINUTES TO GRAB MY STUFF BEFORE ANY ILLEGAL OR LEGAL LOCKOUT WAS PUT IN PLACE.
DearRichardandCasey,
Thisisnotajoke.Ihavewrittenandcalledandmaderequestsforatimeandplacetogetmyproperty.It
seemsthatyouareperhapstryingtorunupsomeimpermissible"storagefees".Iwanttogetmystuff.Of
supremeimportanceisgettingmyclientfiles,harddrives,laptops,computers,printers,scanners,
etc....Pleasedonotinvademyprivacyoranyoftheattorneyclientprivlegedmaterialsat121RiverRock.
Youhavefailedtorespondtomyrequestsforatimeandplacetogetmystuff,insteadchoosingtothreaten
tohavemearrestedforthemostdubiousofreasons.Irepresentpoorpeopleforpeanuts,notBeverlyHills
HighSchoolgraduateNeurosurgeonswhocanaffordtoblow$20Konseekingsummaryevictionsdespitea
cleardemonstrationofaretaliatorymotiveontheirpart,establishedinemaisl,photos,andvideos.
Iwillbeavailabewheneverandwherever,justletme knowwhenIcangetmystuff.Anydaysforwhichyou
believeIowesomelien,pleaseprovideproofthatyoureturnedanyofmycorrespondenceshowinganintent
onyourparttoallowmeaccesstothepropertytoremovemystuff.Pleasedonotdestroyorfailtoaccount
foranyreturnedtosenderorotherwise"undeliverable"messagesyoumayhavereceivedforanyemails
senttomyaddress.Afailuretodosoonyourpartistantamounttofraud,inmyopinion.Mr.Baker,ifyou
haveallegedproofofmyreceiptofanysuchcorrespondencesfromyouorMr.Hill,pleaseprovideproof
thereof,andfurtherattestthatneitheryounorMr.Hillreceivedanysuchreturntosendercommunication.
IhavepreviouslyindicatedtoyouthatIdonotconsenttoyourattemptstospeedupwhatisalreadya
"warpspeed"processthroughyourimpermissibleattemptsto"serve"menoticeofanythingelectronically,
asIdonotconsenttosuchservice.
Idohowever,herebyconsenttoserviceviaemail,forthelimitedpurpose,ofyourprovidingthedate,time,
andotherpertinentinformationrelatedto,myrighttoretrievemypropertyandyourintentiontoallowme
accesstosoretrievemyproperty,includinganyconditionsuponwhichyouplacesucharightofmine.You
mayemailmeatthisaddressforthatpurposeonly.
Pleaseprovideme,inwriting,informationrelatedtotheavailabilityortimesduringwhichImayhave
accesstothepropertytoobtainmypossessions.Ifyouallegedsomelienisowingpriortoanysuccess,
access,pleasespecify,initemizeddetailsuchalien,thelegalbasisforsuch ademand,andallotherpertinent
informationinthatregard.Further,
Sincerely,
ZachCoughlin
I SEND YOU A WRITTEN CORRESPONDENCE TO YOU E-FILERS ON 11 12 11, WHICH READ:
Reasonablestorageetc
11/12/11
zachcoughlinhotmail.com
Tocdbakerrichardhillaw.com,cdbakerrichardhillaw.com
HiDickandCasey,IwishyouguyswouldrespondtomyattemptstogetmystuII...iimagine
youhavedoneanillegallockoutatthispointprobablytryn'getattyIeeseventhoughthiswas
notacivilactionunderNRS69.030seeJCRCPR3Iorbthe3distincttypesoIcasesinNV
justicecourts....andiknowyouprobablyywanttoactlikeyouhavealienovermyproperty
basedonanyvoidattylienyoumaybeabletoget,butgoaheadand seedoyleand118a.460Ior
landlordsdutyrepersonalproperty.ButIirstyou guyshavetorespondtomyrequeststoatleast
letmegetthereallyurgentpropertymuchlessalloIit.Imean,dontyouwanttorenttheplace
outshouldadutytomitigatebeappliedtowardsyourclient?OIcourseshouldthestaybe
granted,iwouldneedyoutogeteverythingreadyIormequicklysomyhighstakeslawpractice
doesntincurevenmoreconsequentialdamages...matsoyacick Ioryourmitigduty...leaseprovide
mewrittennoticeoIwhenyouagreetoquitillegallyholdingmypersonaltyiIthatwhatyouare
uptonow....younowlandlordlienshavebeenabolishedright?Soanysuchthreatsyoumay
havemadeaboutthatoraboutchargingrentIortheresidenceasastandinIoryourduty toputit
instoragejustopensapandora'sboxIoryou,m'kay?"
Further,theundersignedsentawrittencorrespondencetoBakerandHillonapproximately
November12thwhereina"litigationholdnoticed"wasplaceduponBakerandHillrespecting
whetheranysuchemailsHillallegedlysenttheundersignedwerereturnedtoHillas
undeliverable.Regardless,theundersignedcanattestthatnoemailssuchasthosereIerenceby
CaseyBakerwerereceivedIromRichard HillasoINovember12th,2011.HillandBakerhave
beennegligentinallowinganattorneyaccesstoimportantclientIiles,andIurtherhave
potentiallybrokenthelawwithregardtomakingwrittenstatementsthattheywerebillingthe
Iull$900rentalvalueoIthepropertytotheundersigned,evenaIteranyevictiontheysoughtto
enIorce,perhpaseventhroughanillegallockout,dependingupontheinterpreationoIthe
term"receipt"oIanysuchlockoutorderwithin"24hours"...whetherthatis"judicialhours"or
notisdebatable.
MerlissvCoughlinrev2011-001708
CHAPTER69-COSTS
NRS69.010Securityforcosts.
NRS69.020Prevailingpartyentitledtocosts.
NRS69.030Prevailingpartyallowedattorneysfeetobetaxedascostsinjustice
court.NRS69.040Costsmustbeincludedinjudgment;costbill;motiontoretax
costs.
NRS69.050Awardofcoststoprevailingpartybydistrictcourtonappealfrom
justicecourt.
_________
NRS69.010Securityforcosts.
1.Thejusticemayinallcasesrequireadepositofmoneytocovercostsofcourt before
issuingthesummons.
2.WhentheplaintiffinanactionisanonresidentoftheStateofNevada,oraforeign
corporation,uponmotionoftheoppositepartyatanytimebeforefinaljudgmentsuch
nonresidentshallberequiredtogivesecurityforallcostsandcharges thatmaybe
awardedagainstthenonresidentplaintiff.Whensuchsecurityshallberequiredfroma
nonresidentplaintiffallproceedingsintheactionshallbestayeduntilanundertaking
executedbytwoormorepersonsandapprovedbythe justiceshallbefiledwiththejustice
totheeffectthattheywillpaysuchcostsandchargesasmaybeawardedagainstsuch
nonresidentplaintiffbyjudgmentorduringtheprogressoftheaction.Theundertaking
shallbeinasumnotlessthan$100,orinlieuoftheundertakingthenonresidentplaintiff
maydeposit$100inlawfulmoneywiththejustice,whichshallbeheldsubjecttothe
conditionsmentionedinthissectionfortheundertaking.Whensuchsecurityshallbe
orderedfromanonresidentplaintiff,itshallbefurnishedwithin30daysfromnoticeof
theorder,oruponfailuretofurnishsuchsecurity,judgmentshallbeenteredforthe
defendant.
3.Aneworadditionalundertakingordepositofcashmaybeorderedbythejusticeat
anytimeuponproofthattheoriginalundertakingordepositisinsufficientand
proceedingsstayedforanonresidentplaintiffuntilthesamebefurnishedorjudgment
entered.Afterthelapseof30daysfromnoticetoanonresidentplaintiffthatsecurityhas
beenorderedasrequiredbythissubsectionanduponproofthatnosuchundertakingor
depositofcashhasbeenmade,thejusticeshallenterjudgmentagainstsuchplaintiff.
1911CPA870;A1917,424;NCL9359]
NRS69.020Prevailingpartyentitledtocosts.Theprevailingpartyinjusticecourtsis
entitledtocostsoftheaction,andalsoofanyproceedingstakeninaidofanexecution
issueduponanyjudgmentrecoveredtherein.
1911CPA871;RL5813;NCL9360]
NRS69.030Prevailingpartyallowedattorneysfeetobetaxedascostsinjustice
court.Theprevailingpartyin anycivilactionatlaw inthejusticecourtsofthisState
shallreceive,inadditiontothecostsofcourtasnowallowedby law,areasonableattorney
fee.Theattorneyfeeshallbefixedbythejusticeandtaxedascostsagainstthelosing
party.
Part1911CPA872;A1921,89;1925,331;1937,30;1931NCL9361]
NRS69.040Costsmustbeincludedinjudgment;costbill;motiontoretaxcosts.
1.Thejusticemusttaxandincludeinthejudgmentthecostsallowedbylawtothe
prevailingparty.
2.Thepartyinwhosefavorjudgmentisrenderedandwhoclaimscostsmustdeliver
tothejustice,andserveacopyupontheadverseparty,within2daysaftertheverdictor
noticeofthedecisionofthejustice,orsuchfurthertimeasmaybegranted,a
memorandumoftheitemsofthecostsandnecessarydisbursementsintheaction,which
memorandummustbeverifiedbytheoathofthepartyorthepartysattorneyoragentor
bytheclerkofthepartysattorney,statingthattothebestofhisorherknowledgeand
belieftheitemsarecorrectandthatthedisbursementshavebeennecessarilyincurredin
theaction.Thepartyinwhosefavorjudgmentisrenderedshallbeentitledtorecoverthe
witnessfees,althoughatthetimethepartymaynothaveactuallypaidthem.
3.Issuanceorserviceofsubpoenashallnotbenecessarytoentitletheprevailingparty
totaxascostswitnessfeesandmileage,providingthatsuchwitnessesbeswornandtestify
inthecause.
4.Itshallnotbenecessarytoembodyinthememorandumthefeesofthejustice,but
thejusticeshalladdthesameaccordingtothefeesofthejusticefixedbystatute.
5.Within2daysafterserviceofacopyofthememorandum,theadversepartymay
movethecourt,upon2daysnoticetoretaxandsettlethecosts,acopyofwhichnoticeof
motionshallbefiledandservedupontheprevailingpartyclaimingcosts,andthereupon
thejusticeshallsettlethecosts.
6.Ifthejudgmentisenteredbydefaultitshallnotbenecessarytomakeserviceofa
copyofthecostbill.
1911CPA836;A1913,364;1925,15;NCL9325]
NRS69.050Awardofcoststoprevailingpartybydistrictcourtonappealfromjustice
court.Intheeventofanappeal,thedistrictcourtisauthorizedtoawardtotheprevailing
partyallcostsofcourtasnowallowedbylawincurredbysuchparty,andalsoa
reasonableattorneyfeetobefixedandallowedbythedistrictcourtforallservices
renderedinbehalfoftheprevailingparty.
Part1911CPA872;A1921,89;1925,331;1937,30;1931NCL9361]
West'sNevadaRevisedStatutesAnnotatedCurrentness
1usticeCourtRulesofCivilProcedure
IIntroduction--ScopeofRules--ThreeFormsofAction
RULE2.THREEFORMSOFACTIONS
MotiontoVacateSummaryEvictionOrder;MotiontoVacateAwardoIFeesandCosts;
MotiontoVacateOrderIorInspection;
(e) Motion to Alter or Amend a 1udgment.
West'sNevadaRevisedStatutesAnnotatedCurrentness
1usticeCourtRulesofCivilProcedure
VII1udgment
RULE59.NEWTRIALS;AMENDMENTOF1UDGMENTS
(a)Grounds.Anewtrialmaybegrantedtoalloranyofthepartiesandonallorpartof
theissuesforanyofthefollowingcausesorgroundsmateriallyaffectingthesubstantial
rightsofanaggrievedparty:(1)Irregularityintheproceedingsofthecourt,jury,master,
oradverseparty,oranyorderofthecourt,ormaster,orabuseofdiscretionbywhich
eitherpartywaspreventedfromhavingafairtrial;(2)Misconductofthejuryor
prevailingparty;(3)Accidentorsurprisewhichordinaryprudencecouldnothave
guardedagainst;(4)Newlydiscoveredevidencematerialforthepartymakingthemotion
whichthepartycouldnot,withreasonablediligence,havediscoveredandproducedatthe
trial;(5)Manifestdisregardbythejuryoftheinstructionsofthecourt;(6)Excessive
damagesappearingtohavebeengivenundertheinfluenceofpassionorprejudice;or,(7)
Errorinlawoccurringatthetrialandobjectedtobythepartymakingthemotion.Ona
motionforanewtrialinanactiontriedwithoutajury,thecourtmayopenthejudgment
ifonehasbeenentered,takeadditionaltestimony,amendfindingsoffactandconclusions
oflawormakenewfindingsandconclusions,anddirecttheentryofanewjudgment.
(b)TimeforMotion.Amotionforanewtrialshallbefilednolaterthan10daysafter
serviceofwrittennoticeoftheentryofthejudgment.
(c)TimeforServingAffidavits.Whenamotionfornewtrialisbaseduponaffidavitsthey
shallbefiledwiththemotion.Theopposingpartyhas10daysafterservicewithinwhich
tofileopposingaffidavits,whichperiodmaybeextendedforanadditionalperiodnot
exceeding20dayseitherbythecourtforgoodcauseshownorbythepartiesbywritten
stipulation.Thecourtmaypermitreplyaffidavits.
(d)OnCourt'sInitiative;Notice;SpecifyingGrounds.Nolaterthan10daysafterentryof
judgmentthecourt,onitsown,mayorderanewtrialforanyreasonthatwouldjustify
grantingoneonaparty'smotion.Aftergivingthepartiesnoticeandanopportunitytobe
heard,thecourtmaygrantatimelymotionforanewtrialforareasonnotstatedinthe
motion.Whengrantinganewtrialonitsowninitiativeorforareasonnotstatedina
motion,thecourtshallspecifythegroundsinitsorder.
(e)MotiontoAlterorAmenda1udgment.Amotiontoalteroramendthejudgmentshall
befilednolaterthan10daysafterserviceofwrittennoticeofentryofthejudgment.
CREDIT(S)
Asamended,eff.1uly1,2005.
<ADOPTED
BYTHE
SUPREMECOURTOFNEVADA>
ADVISORYCOMMITTEE'SNOTE.
The1965amendmentto1CRCP59(a)deletedground(7)(insufficiencyoftheevidenceto
justifytheverdictorotherdecision,orthatitisagainstlaw.).Seeconcurringopinionof
Thompson,1.,inCityofRenov.VanErmen,79Nev.369,385P.2d345(1963).
1usticeCourtCivilProcedureRULE59,NVST1CTSRCPRULE
Thereshallbethreeformsofactioninjustice courtstobeknownas civil actions,
smallclaimsactionsandsummaryevictionactions.Rules3through87governcivil
actions.RulesgoverningsmallclaimsactionsbeginwithRule88andendwithRule100.
RulesgoverningsummaryevictionscommencewithRule101.
)Irregularityintheproceedingsofthecourt,jury,master,oradverseparty,oranyorder
ofthecourt,ormaster,orabuseofdiscretionbywhicheitherpartywaspreventedfrom
havingafairtrial;
clearly,thecourt'sconfiscatingtenantsbankaccount,practicallyinitsentiretyforabout
onemonthqualifies,particuularlywheretheBENCHBOOKandnevadalawforbids
doingsuch.further,anunnoticedOrderForInsepctionatthecloseoftrialandthe
impermissibleadmittingwrittensettlementnegotiationsintotherecordcallsforanew
trialandvacatingthejudgment.allthiswasobjectedtoontherecord.
2)MisconductoIthejuryorprevailingparty;
TheargumentmadeinpreviousIilingsareherebyincorporatedbyreIerence;evidnet
impartiality.
(3)Accidentorsurprisewhichordinaryprudencecouldnothaveguardedagainst;
illegallockoutandproblemsincidenttheretocoveranuntimelinessoIanoppositiontothe
motionIorIeesandcosts.
(4)NewlydiscoveredevidencematerialIorthepartymakingthemotionwhichthepartycould
not,withreasonablediligence,havediscoveredandproducedatthetrial;
(5)ManiIestdisregardbythejuryoItheinstructionsoI thecourt;
(6)ExcessivedamagesappearingtohavebeengivenundertheinIluenceoIpassionor
prejudice;or,
(7)Errorinlawoccurringatthetrialandobjectedtobythepartymakingthemotion.Ona
motionIoranewtrialinanactiontriedwithoutajury,thecourtmayopenthejudgmentiIone
hasbeenentered,takeadditionaltestimony,amendIindingsoIIactandconclusionsoIlawor
makenewIindingsandconclusions,anddirecttheentryoIanewjudgment.
ManyerrorsinlawintheOrder,particularlyJudgeSIerrazzasayingawhitemalecannotbe
discriminatedagainstinopencourt.FurthertheundulyburdensomenatureoIJudgeSIerrazza,
essentially,convertingtothecourtthetenantsonlymoneyintheworld,practically$2275,
impermissiblyundertheBENCHBOOKandNRS40.253(6)callsIoranew"Trial"andthe
judgmenttobevacatedintoto.
JusticeCourtRulesoICivilProcedureRULE2
RULE2.THREEFORMSOFACTIONS
Thereshallbethreeformsofactioninjustice courtstobeknownas civil actions,
smallclaimsactionsandsummaryevictionactions.Rules3through87governcivil
actions.RulesgoverningsmallclaimsactionsbeginwithRule88andendwithRule100.
RulesgoverningsummaryevictionscommencewithRule101. AItercareoIClarkCountyv.
JusticeoILasVegasTp.exrel.CountyoIClark,82P.3d931,936,120Nev.1,9(Nev.Jan23,
2004)(NO.38625,38626)
Clearly,thiswasaSummaryEvictionProceedinglaterconvertedtoaSummaryEvictionTrial,
regardless,itwasnota"CivilAction"asdeIinedunderJCRRP2,anassuchNRS69.030in
inapplicableandtheattorney'sIeesandcostsshouldbevacatedorstricken.Astothecosts,the
issuesislawoIthecaseorresjudiciata(asisthematteroIany superseadeasappealbondbeing,
iIany,only$2275,thatisiItheIFPdoesnotcoversuchabond,willarguably,itdoes....)
Apartywhoprevailsonasummary- evictionclaimisnotentitledtoanawardoI
attorney's feeswherethereisneithercontractualnorstatutoryauthorityIoranaward.
| FN2|Aprevailingpartymaybeawardedattorney'sIeespursuanttoaleaseprovision.| FN3|
However,ithasbeenheldthatatrialcourt'sstatutoryauthoritytoawardattorney'sIeesincurred
byalessorinasuccessIulIorcible-detaineractioncouldnotbe expandedbytheleasewherethe
statutedidnotauthorizeattorney'sIeeawards.| FN4|
|FN1| Kealv.Day,164OhioApp.3d21,2005-Ohio-5551,840N.E.2d1139(1stDist.
HamiltonCounty2005).
-
|FN2| Hamiltonv.WilliamCalomirisInv.Corp.,Inc.,461A.2d466(D.C.1983);
SatelliteGatewayCommunications,Inc.v.MusiDiningCarCo.,Inc.,110N.J.280,540
A.2d1267(1988); H-TEnterprisesv.AntelopeCreekBisonRanch,2005ND71,694
N.W.2d691(N.D.2005); CityoIGahanna v.EastgateProperties,Inc.,36OhioSt.3d65,
521N.E.2d814(1988).
-
|FN3| TuIco,Inc.v.PaciIicEnvironmentalCorp.,113P.3d668(Alaska2005); North
Associatesv.Bell,184Cal.App.3d860,229Cal.Rptr.305(1stDist.1986); Integra
Financial,Inc.v.GrynbergPetroleumCo.,74P.3d347(Colo.Ct.App.2002)
(recognizingtherule);Hardwick,Cook&Co.v.3379Peachtree,Ltd.,184Ga.App.822,
363S.E.2d31(1987); Shipkav.Inserra,211Ill.App.3d735,156Ill.Dec.128,570
N.E.2d604(1stDist.1991); Bornev.Wilander,509So.2d572(La.Ct.App.3dCir.
1987); BayParkOneCo.v.Crosby,109Misc.2d47,442N.Y.S.2d837(App.Term
1981); Kealv.Day,164OhioApp.3d21,2005-Ohio-5551,840N.E.2d1139(1stDist.
HamiltonCounty2005); Desmaraisv.TheStayers,Inc.,182Or.App.338,51P.3d1
(2002); MH2Co.v.Hwang,104Wash.App.680,16P.3d1272(Div.32001).
-
|FN4| CamelbackPlazaDevelopment,L.C.v.HardRockCaIeIntern.(Phoenix),Inc.,200
Ariz.206,25P.3d8(Ct.App.Div.12001).
-
conclusion:
Personal property @ river rock
Assuchtheundersignedhereinrequestsandemergencyorderallowingtheundersignedtoat
leastobtainsuchexigentmaterialsashiswallet,harddrives,computers,laptops,printers,
scanners,andclientIilesandcellularphonesIromteh121RiverRockSt.89501Residencein
additiontoanordersettingasidethrecentimpermissibleawardoIattorneysIees.
SignedthiSNOvember16th,2011
/S/ ZACH COUGHLIN ELECTRONICALLY SIGNED
ZachCoughlin
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
takingoIanyactionbasedonthecontentsoI thisinIormationisstrictlyprohibited.This message is confidential,
Sent: Thu 11/24/11 9:09 AM
MR. COUGHLIN - I will probably regret this email, but I just can't help
myself.
You say you want your property.
Trust me, neither my client nor I want your property.
Re: FILING READY SANCTION MOTION ATTACHED;
You have acknowledged that your intention is to just cherry-pick through
the house, and leave behind the vast quantities of trash that you have
hoarded ( not being judgmental, just realistic - are you really going to
take up all the carpet outside, or take all the dead TV sets & other
"treasures" you have accumulated ??.........try to be honest just once.).
The only security that Dr. Merliss has are the few items of objective value
( I assume at least some of the TV's work), and the things for which you
are bargaining. Once he releases those items to you, he waives his security,
giving up his statutorily granted recourse to the property you CHOSE to
leave in the house after you were evicted. That stands against what is
certainly going to be at least $3,500 to just clear out your unwanted
things. That figure doesn't include back rent, fees, or other damages to the
home.
Why don't you pay what's owed - see my last email, and offer him some
additional security? If we are wrong, and you really do take all the stuff,
or, if we can get your leavings out more cheaply, who knows...... We will,
of course, have to establish some VERY CLEAR GROUND RULES before you will be
authorized to be at the property. (authorization for you to be
there.....cops......time to get what you want...agreeing what we can start
throwing away now....those kinds of things.)
Let's try to make a deal, and stop the posturing & bluffing.
You might want to take a look at jordan v state, 121 nev 44(2005) - that's
where you are heading!
If what you say is true, that you really do have any clients, paying or
otherwise, you have duties to co-operate and mitigate; neither of which seem
to enter your thought processes. There is also the issue of your
comparative conduct to consider. Why did you abort the hearing that you
requested?
You want your stuff?
It isn't going to get any better than this.
Try to bring yourself to deal with some realities.
Rgh
Sent: Thu 11/24/11 2:32 PM
Call at 9 in the morning. Have your money & your crewready.
Please confirm your representation that you will be removing all of your possessions, and will have them
out of the house by 5.
No representation, no deal!
RGH
Mr. Hill,
Though I have previously be very clear in this regard, I will do so again in
writing here. I want all of the property at 121 River Rock St. 89501 that
belongs to me, immediately. This includes property both inside, outside,
above, beneath, and within the house. I am not abandoning any of the
property. I have made no indication that I have any intent to do so,
despite you attempts at screen writing in your various hunt and peck
emails to me (odd, because you usually seem to have your staff do just
about everything...are you hiding something from them, or from your
client, like the incredible liabilities you are exposing both to by getting your
ego involved and obstructing the protection of another lawyer's client's
rights by applying an unlawful rent distraint). You are known to have an
extensive Porsche collection, one to match your stone washed jeans, one
to bring out the color of your eyes, etc., etc. I don't know why some
people say Porches are for a "Corvette Guy" who has picked up some
heavy pretensions throughout his private schooling. What does that
mean? Anyways, I have a moving trailer and two other large men in
addition to myself to help me move my property and my client's property.
I have a money order payable to you for $750 for what you allege are
"reasonable storage costs". Further, I have a money order payable to you
for $1060 for what you allege are contractors charges for "securing" the
property" (how that fits into NRS 118A.460's allowance of reasonable costs
for storage, moving, and inventory you have never made clear...One would
think such and outsized "storage charge" as your charging $900 for what
could fit in a 10x15 storage shed at $100 would include any "securing",
however, you apparently feel comfortable enough in front of J udge
Sferrazza to even more outlandish arguments, on top of your associate
Casey Baker, Esq.'s professional misconduct in attempting to steal $2,275,
the further malfeasance demonstrated in submitting a Memorandum of
Fees and Costs asking for $20,000K in attorneys fees (despite the
preclusive effect of the previous order in Rev20110-001492 denying the
exact charges, date for date, hour for hour, that were previously sought)
based upon a section of NRS 40 that applied only to situations where the
manufacture of controlled substances was alleged and proven (your legal
staff did neither), then continuing to argue and file for attorney's fees
despite to constraints of NRS 69.030 disallowing such in a "summary
eviction proceeding" that is specifically defined as distinct within J CRCP
Rule 3. Further, you have forbid me to even get the items of United States
Postal Mail at the property (in the mailbox and beyond) that are addressed
to or belogn to me. I have filed an Official Change of Address with the
United States Postal Service, however, there is likely some period of time
that mail was delivered to 121 River Rock during which the USPS was
processing the request. It is my understanding that you are legally
obligated to preserve and provide those mails to me within a reasonable
time. Please either forward them on to me at the new address that I have
provided you with or inform me in writing with respect to how and when I
can obtain what are likely very time sensitive documents related to exigent
client matters. Further, you "instruction" to have a "dumpster" parked at
the property runs contrary to your demand that I not be at the property or
on it in any way under threat of your attempting to have me arrested. I
do not believe I am legally obligated to procure a "dumpster", if you feel
that is the case, please confirm that in writing, and provide some legal
support for your contention. I believe I have demonstrated compliance
with all your dubious conditions to allowing me access to my property
Further, I herein reiterate and apply retrospectively and prospectively my
stated practice of not responding to each and every allegation you make,
whether in writing or otherwise, whether alleging a civil or criminal
violation, any any silence on my part or lack of response is not to be taken
as an admission or acknowledgment of whatever assertion or allegations
you may have made against me. As I expected, you have remained
suspiciously silent with regard to providing verification or details related to
your highly suspect and dubiously time allegations of a "crack pipe and bag
of weed" being somewhere on the property". You are reminded that it
may be the most intelligent of assumptions on your part to assume that
anything and everything done or said at, within, or around the property is
capable of being monitored and or recorded. I am no asserting that that is
the case, but merely reminded you that it is always a good assumption to
make, especially for someone like yourself who tends to get rather
"creative" when facing more than the typical lack of opposition shown by so
many pro se tenant litigants. Your reputation precedes you, Mr. Hill. Such
dubious "crack pipe and a bag of weed" assertions on your part smell of
extortion incident to your cheap imagination and attempts to arrange for
litigation in J ustice Court to be even more convenient for you and your firm
than it already is. Please respond in writing and immediately as this is an
emergency. Further, it is not at all clear how it was appropriate for the
court to retain my $2,275 as a supersedeas/appeal bond, but to no grant
the stay under NRS 40.385. You have indicated, several times, in writing
that this is, in your opinion, not a commercial lease. It that still your
contention? Additionally, the recent bill for "securing" the property from
your contractor for $1060 (and which you are apparently requiring me to
pay prior to allowing me access to any of my property, even exigent client
files and law practice equipment) mentions stopping a leak to the
basement. Please explain how that relates in any way to "securing" the
property or is at all allowable under NRS 118A.460 or any other law. Please
withdraw such a claim both with the court and from any demand in your
"Paratgraph #4" that you are alleging is required to be paid prior to your
allowing access to the property". Further, please explain how charges for
"survey what can be salvaged" is similarly allowable as above. Explain how
charges for "install and key both side deadbolts on 11/16/11 is not
redundant or unwarranted given that the locks were changed at the time of
the lockout. Basically, it appears your contractor and you are attempting to
have the court award you an unlawful rent distraint of $1060 for nailing
some plywood boards over the back porch screens, while, simultaneously,
leaving a real risk of entry to the property be leaving a window are
conditioning unit in the window on the south side of the property facing the
street held in place by nothing more than the window beintg closed down
on top of it and some duct tape. You and your contractor failed to even
wedge a stick or other item between the window and sill to prevent one
from pushing the window air conditioner unit inside or outside the house
and opening the window to gain entry. There is no indication of the
amount of hours or number of workers who performed this work, alleging it
costs $1060....Perhaps there exists some video footage showing how many
workers were there and for how long. Further, in the proposed Order your
associate Baker submitted on October 27, 2011, even J udge Sferrazza
demonstrated embarrassment and a bit of awe at the audacity and
scurrilous character demonstrated in your office attempting to define the
time at which the constable could perform the lockout to be "not later than
October 31st, 2011" rather than what J udge Sferrazza announced form the
bench and subsequently made an interlineation in the Order reflecting,
crossing out "later" and entering earlier and adding "at 5:00 pm".
Mr. Hill, your ominous reference to J ordan v. State, in combination with
Reno Police Department Police Officer Carter's statements that you pay him
a lot of money and in exchange he will arrest who you say to and do what
you say to, in conjunction with some other accusation that I will spare you
and others at this time, when viewed with Baker's attempts to steal $2,275
from me, your returning to the inside of your office with Sargent Tarter and
the other RPD Officer after they told me to leave and that I would only be
afforded avenues of civil redress as far as they were concernce, only to see
Sargent Tarter pull me over in my vehicle a short time later, and retaliate
against me for asserting my right to access justice without paying a
subscription fee, on top of your flagrant attempts to apply unlawful rent
distraint create the need to investigate whether you have an impermissible
connection to the court. Your ominous and thinly veiled threats related to
citing J ordan v. State and your other misconduct invoke: "
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct
ItisproIessionalmisconductIoralawyerto:
(a)violateorattempttoviolatetheRulesoIProIessionalConduct,knowinglyassist
orinduceanothertodoso,ordosothroughtheactsoIanother;
(b) commit a criminal act that reIlects adversely on the lawyer's honesty,
trustworthinessorIitnessasalawyerinotherrespects;
(c)engageinconductinvolvingdishonesty,Iraud,deceitormisrepresentation;
(d)engageinconductthatisprejudicialtotheadministrationoIjustice;
(e)stateorimplyanabilitytoinIluenceimproperlyagovernmentagencyoroIIicial
or to achieve results by means that violate the Rules oI ProIessional Conduct or
otherlaw;or
(I) knowingly assist a judge or judicial oIIicer in conduct that is a violation oI
applicablerulesoIjudicialconductorotherlaw."
Please divulge and campaign contributions you have made to Judge SIerrazza at
anytime in the last 20 years, anybusiness dealings you havewith Judge SIerrazza
or other matters invoked by anything related to the Nevada Code oI Judicial
Conduct,theRulesoIProIessionalResponsibility,anyanyotherapplicablelaw.
Your "paratgraph #4" is included below for your reference:
"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 pick the date 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 just leaving it where YOU LEFT IT. we are mitigating your damages,
and actually making it cheaper for you to get your stuff released from the
statutory lien.
b- because of your repeated break-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( your valuable possessions) that price
HERE'S THE DEAL
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 take your computers & drugs and leave all
the rest of the mass of junk 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 manpower to assist. we
MAY be willing to allow you more time, depending on your deportment,
your sincerity and your efforts. to date, you have been sorely lacking on all
fronts.
5- we think that you are correct, the justice's court award of costs should
be vacated.
we will prepare a stipulation & forward it to you electronically. please
confirm that you will sign & return the original. that would be a good step
on the road to sincerity."
Sent: Fri 11/25/11 7:46 AM
Mr. Coughlin - these are the terms under which you will be allowed onto the
river rock property and into the house for TODAY & today only.
1- you said you had cashier's checks to pay for the lien fees. They must be
payable to me and drawn on a recognizable local bank.
If not, then cash, but that complicates things, and that cuts into your
time.
The amount is $1,060 for the necessary repairs to secure the property after
your repeated break-ins.
Also, $30/day for storage. Today is the 25, that means you pay for 24 days (
$30 x 24 = $720)
TOTAL --$1,780. we understand that you contest the lien.
2- the above figure takes you at your word that you will use your best
efforts to remove as much of your property from the premises as possible
today. If you make reasonable progress, reasonable accommodations will be
made to allow you further access
THIS SPECIFICALLY MEANS THAT THE BOARDS ON THE BACK PORCH REMAIN & ARE NOT
TAMPERED WITH, REMOVED, OR COMPROMISED IN ANY WAY.
4- you will have your crew and vehicle for transport of your goods there at
Your & your agents' authorization to be at the property expires at 4:45p.m.
You & they agree not to come back to the property without prior
authorization.
You and your agents will print your names and sign & date a copy of this
email which will be given to me BEFORE you get into the house
5-BY SIGNING BELOW, YOU AND YOUR AGENTS HEREBY RELEASE DR MERLISS (HIS
TRUST), ME & MY FIRM, IN ADVANCE, FROM ANY AND ALL INJURIES, FROM ANY
SOURCE & OF ANY KIND, ARISING OUT OF YOUR OR THEIR PRESENCE ON THE PROPERTY
TODAY OR IN THE FUTURE ( ASSUMING FUTURE AUTHORIZATION FOR SAME). YOU,
PERSONALLY, AGREE TO INDEMNIFY US FROM ANY SUCH LOSS, COST OR DAMAGE,
INCLUDING FEES.
PRINT NAMES
DATE
SIGN
Finally, your computer & 2 laptops, that were previously placed in storage,
will be released when your compliance with the foregoing has been verified.
Please confirm your agreement
Rgh
FW: HERE'S THE DEAL
Sent: Fri 11/25/11 9:15 AM
MR COUGHLIN - WITHOUT YOUR CONFIRMATION OF A DEAL, THERE IS NO DEAL.
Stay away from that house !!!!
time.
$30 x 24 = $720) TOTAL --$1,780. we understand that you contest the lien.
made to allow you further access.
authorization.
INCLUDING FEES.
FW: HERE'S THE DEAL
PRINT NAMES
DATE
SIGN
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 you have
received this message in error, please notify the sender and delete the
email message from your system. Thank you.
Sent: Fri 11/25/11 9:48 AM
Mr coughlin - I sent you the emails below because you said you wanted to
pay, albeit under protest, that you had a crew & vehicle & wanted to get
your stuff.
Now, you change your story & are back to your mantra...."give it to me for
free"
Part of the reason I could not find what you claim are client files, is
because you would not cooperate, and your living quarters in the basement
were not exactly conducive to any kind of organiztion
At this point, all offers are revoked.
Apparently, you will need to be seeing the judge, because you are clearly
more interested in hassling than in getting on with life.
Stay away from my office & me.
Do not call.
You are stalking me & my staff.
STOP IT!
rgh
MR COUGHLIN - WITHOUT YOUR CONFIRMATION OF A DEAL, THERE IS NO DEAL.
Stay away from that house !!!!
time.
$30 x 24 = $720) TOTAL --$1,780. we understand that you contest the lien.
made to allow you further access.
authorization.
INCLUDING FEES.
RE: no one is answering the phone
PRINT NAMES
DATE
SIGN
Rgh
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 your system. Thank you.
Sent: Fri 11/25/11 11:05 AM
you continue to lie
I hung up on you because you were rude and antagonistic
yesterday, you emailed that you wanted to proceed as previously outlined, with a
reservation of your right to file yet another frivolous document challenging the
landlord's lien.
this morning, you changed your story.
I met your mother. I bet she's in tears & has been for years, courtesy of you.
the ex-girlfriend...obviously fled.
please try to stick to the truth.
please stop stalking & harassing me.
as far as professionalism & courtesy are concerned, your behavior, your record and
your work product all speak for themselves.
To: Richard Hill; shill@richardhilllaw.com; cdbaker@richardhillaw.com; knielsen@richardhillaw.com;
Subject: no one is answering the phone
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
Hello,LawOIIiceoIRichardG.Hill,
MymotherisintearsbecausemanyoItheaudio,video,andphotographsshegavemeto
transIertoadigitalIormatwheretheonlycopythatexists,andrelatetohercherishedmemories
oIherandherchildren'schildhood,andwhicharenowbeingheldhostagebyaPorsche
collectingprivateschooledattorneyandhisBeverlyHillsbredneurosurgeonclient.Willamette
UniversityislocatedinSalem,whichisironicconsideringthatratherthanhavethegutsto
competehonestlyinthislitigation(ratherthanresortingtheadhominemattacksandthea
variousextralittleadvantagesyouneed-youknowhatIamtalkingabout),Mr.HillpreIersto
throwawitchtrialorwitchhunt,completewithpropslikeacrackpipeandbagoIweed,
turningutteringonceawordthatcanbe,pertheFCC,saidinprimetimenowontelevisioninto
shoutingobscenitiesonthephoneandupanddowntheblock,etc.,etc.
My ex girlIriendisintears as well given some oI the extremely sentimental and or personal
itemsthatMr.Hillisnowassertingarehisproperty,todowithwhateverhepleases,andto
violateherprivacyinwhateverwaybringshimpleasure.Mr.Hill,Idisagree,Idonotthinkyou
cansellthosevideosorshowthemtoyourbuddies,IbelievethatwouldbeaviolationoI
severallaws,andethically,well...whoamIkidding,appealstoyour"ethics"arecertainlytime
misspent.PleaseprovidespeciIicinIormationrelatedtowho,what,where,andwhenyou
allegedthis"crackpipe"wasIoundattheresidencePleaseemailmeapictureoIthisalleged
"crackpipe".Further,pleaseexplainwhyabagoIoreganohasbeencharacterizedasa"bagoI
weed"andwhyyouputsuchanaccusationonpapers,Iiledwiththecourt(andwhichalso
includedwhatpurporttobesomeone'ssocialsecuritynumberanddollarIiguresinconnection
withsettlementnegotiations),andindicate,inwriting,whatNRCP11compliantstepsyouor
yourIirmtooktoascertainwhetherornotyourallegationswerebaselessornot.
Further,Hill'sDeclarationcontainshearsaycitinganyunnamedcontractorsallegationthat"a
largequantityoIpills"wereIoundattheresidence,butneitherindicatingwhetherthese"pills"
wereclearlylabeledvitamins,wereanon-addictiveprescription,etc.,etc.Pleaseprovidethe
nameoIthedeclarantincidenttothehearsayMr.Hillenteredintothepublicrecordinin1121
11DeclarationandanyNRCP11compliantstepsyouroIIicetooktoavoidsuchinclusionbegin
undulyprejudicial.
IdidnotsayIwouldn'tpayyourrentdistraint ransomtoday,underprotest,oIcourse.Now,you
reIusetoanswerthephone,andhavethreatenedtohavemearrestediIIappearanywherenear
yourproperty.
YOUREMAILOFNOVEMBER18,2011AT6:52AMREADS"myoIIertoretrieveyour
walletisstillopen,anditextendstoour"clientIiles,"...".AssuchIAMDEMANDING
ACCESSTOMYCLIENTFILES,MANYOFWHICHARE FOUNDONLYONTHEHARD
DRIVESOFTHE2LAPTOPS,THEDESKTOPPC,THESCANNER,MYDIGITAL
CAMERAS,MYSMARTPHONEASWELLASTHOSETHATAREFOUNDONLYIN
HARDCOPYFORMATEINANDOUTSIDEOFBINDERS.
"Partagraph(sic)5"inyourNovember17,2011emailindicates"wethinkthatoiarecorrect,
thejustice'scourtawardoIcostsshouldbevacated"...Ihaveinquired,inwriting,astowhether
youmeanIorthe$1,500worthoIimpermissibleattorney'sIeestobeawardedinwhatis
vacated,butyouhaveIailedtorespondorveriIythatinanyway.
Isanybodythere?Ikeepcallingbutnooneanswersandthemessagemachineisnotone.Idid
talktoMr.HillIoralittlewhiletoday,butprettymuchallthathewouldconIirmisthathewas
stillinsistingontheconditionsthatincludedtakingalloutsidepropertyawayIirstbeIorebeing
allowedinsidethepropertyat121RiverRock,heaIIirmedthatIwouldneedtopaythe$1060
unsigned"contractors"bill,andRichaIIirmedthatthebillwasbasedinlargeparton"Iixinga
leaktothebasement"andthatsuchaleakdidnothavemuchoIaconnectiontothereasonable
costsIor"storage,movingandinventorying"myproperty,iIany.FurtherRichaIIirmedthathe
wasnowrevokingheearlier,written,andIiledwiththecourtunderpenaltyoIperjury,
statementthathewouldnotrequireanypaymentIoranythingpriortoallowingmeaccesstoall
oI my client Iiles Rich stated that he was an "old Iashioned guy" and did not believe client Iiles
RE: so sue 6, like a g6
couldbeinadigitalIormatandthathe"didthebesthe could"togetmemyclientIileswhenhe
"grabbedabagoItrashoIIthewall" andgaveittomewithmywallet.Clearlyitdidnotcontain
myclientIilesanyMr.HillisonlyembarrassingthelegalproIessionandprejudicingMr.
Coughlin'sclient'scasesallthemore,andprobablyjustsohecanbuyanotherPorschetoaddto
themany,manyPorcheshealreadyowns.Perhapsthatmoney wouldbebetterspentbyMr.Hill
takingsomecontinuinglegaleducationcoursesinproIessionalismandcivility.Pleaseletme
knowwhenandhowIcangetmypropertyandmyclient'sproperty,eveniIitincludespaying
yourransomunderprotest.
Sincerely,
/s/ZachCoughlin(signedelectronically)
ZachCoughlin,Esq.
Sent: Fri 11/25/11 12:46 PM
found your crackpipe i guess
Sent: Friday, November 25, 2011 12:42 PM
Subject: so sue 6, like a g6
RichyouhaveobviouslyindicatedthatyouarenolongercounseoI
recordduetoyourinabilityto"cope"withbeingservedbytheopposing
counselaswellasdealingwithcompetitionandtransparency,which
youexperienceasaparticularlydastardlycombinationaIteryouryears
oIprivateschooling.Yousee,Icameupthroughthepublicschool
ranksalltheway,Swope,RenoHigh,UNR,UNLV...nobodypattedmy
onmyhineyliketheydoIoryouatWillametteandtellyoueverything
youdoisspecialandrigthegamessoyou wineverytime.Youralleged
concernIoranyone,includingdocumentarians,videoingor
photographingyourlicenseplatesistelling...Howareyougoingto have
amid-liIecrisismobilePorschecollectionwithpersonalizedlicense
platesoIthe'baggiestnature,likeyourPorscheCabrera,whichhasa
licenseplatethatreads"SoSue6".AsiI"SoSue1-5"didn'tgetacross
yourinducingandbarratryandIlagrantpursuitoInon-settlement.You
areastockbrokermasqueradingasanattorneywithahighercalling,
Mr.Hill.YourstaIIsoundsparticularlyempathetictowardsme
wheneverwechatonthephone.IdidnotbackoutoIanythingtoday,
youhungupinatizzyIitwhenIaskedyoutoconIirmthatyouwere,in
Iact,backingoutoIyourearlieroIIerto,pursuanttotheRuleoI
ProIessionalResponsibility,providemeaccesstomyclientIiles
withoutseekingtoapplyanyoIyourdubious"liens"orrentdistraint.
Further,youmadeclearyourintenttodemandtheattorneysIees(which
arenotcosts,whichyou,again,havesneakilyattemptedtowaive
withoutspeciIyingawaiveroItheattorney'sIeeawardoINovember9,
2011)awardoINovember9,2011besatisIiedpriortoallowingaccess
totheproperty.Ithoughtyousaidyouwere"gonetilDecember"?
Whathappened,didyouhavetocancelyourtriptoSt.Tropezbecause
youtookthiscaseonaIlatIeebasis,yourpridetellingyouyoucould
quicklybreaktheyoungpunkattorney'swillquickly,andwhenthatdid
nothappen,yourealizedyouwouldneedtobunkerdownoverthe
holidayinhopesoIbeingabletoactuallyleavesomeNRCPRule11
compliantpapertrail? Thenyouhadtocallinyourlegalassistantwith
the$110,000MercedesSL600V12droptoptocomeinanactuallydo
theworkIoryoubecauseyouranoutoI"blue"andarehavingtrouble
Iocusingandyourscriptguyisnotanswering?``Notice``Thismessageand
accompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacyAct,18U.S.C.2510-2521,
andmaycontainconIidentialinIormationintendedIorthespeciIiedindividual(s)only.IIyouarenottheintended
recipientoranagentresponsibleIordeliveringittotheintendedrecipient,youareherebynotiIiedthatyouhave
receivedthisdocumentinerrorandthatanyreview,dissemination,copying,orthetakingoIanyactionbasedon
thecontentsoIthisinIormationisstrictlyprohibited.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
Subject: RE: no one is answering the phone
Date: Fri, 25 Nov 2011 11:07:21 -0800
you continue to lie
landlord's lien.
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
MymotherisintearsbecausemanyoItheaudio,video,andphotographsshegavemeto
transIertoadigitalIormatwheretheonlycopythatexists,andrelatetohercherishedmemories
oIherandherchildren'schildhood,andwhicharenowbeingheldhostagebyaPorsche
collectingprivateschooledattorneyandhisBeverlyHillsbredneurosurgeonclient.Willamette
UniversityislocatedinSalem,whichisironicconsideringthatratherthanhavethegutsto
competehonestlyinthislitigation(ratherthanresortingtheadhominemattacksandthea
variousextralittleadvantagesyouneed-youknowhatIamtalkingabout),Mr.HillpreIersto
throwawitchtrialorwitchhunt,completewithpropslikeacrackpipeandbagoIweed,
turningutteringonceawordthatcanbe,pertheFCC,saidinprimetimenowontelevisioninto
shoutingobscenitiesonthephoneandupanddowntheblock,etc.,etc.
MyexgirlIriendisintearsaswellgivensomeoItheextremelysentimentalandorpersonal
itemsthatMr.Hillisnowassertingarehisproperty,todowithwhateverhepleases,andto
violateherprivacyinwhateverwaybringshimpleasure.Mr.Hill,Idisagree,Idonotthinkyou
cansellthosevideosorshowthemtoyourbuddies,IbelievethatwouldbeaviolationoI
severallaws,andethically,well...whoamIkidding,appealstoyour"ethics"arecertainlytime
misspent.PleaseprovidespeciIicinIormationrelatedtowho,what,where,andwhenyou
allegedthis"crackpipe"wasIoundattheresidencePleaseemailmeapictureoIthisalleged
"crackpipe".Further,pleaseexplainwhyabagoIoreganohasbeencharacterizedasa"bagoI
weed"andwhyyouputsuchanaccusationonpapers,Iiledwiththecourt(andwhichalso
includedwhatpurporttobesomeone'ssocialsecuritynumberanddollarIiguresinconnection
withsettlementnegotiations),andindicate,inwriting,whatNRCP11compliantstepsyouor
yourIirmtooktoascertainwhetherornotyourallegationswerebaselessornot.
Further,Hill'sDeclarationcontainshearsaycitinganyunnamedcontractorsallegationthat"a
largequantityoIpills"wereIoundattheresidence,butneitherindicatingwhetherthese"pills"
wereclearlylabeledvitamins,wereanon-addictiveprescription,etc.,etc.Pleaseprovidethe
nameoIthedeclarantincidenttothehearsayMr.Hillenteredintothepublicrecordinin1121
11DeclarationandanyNRCP11compliantstepsyouroIIicetooktoavoidsuchinclusionbegin
undulyprejudicial.
IdidnotsayIwouldn'tpayyourrentdistraint ransomtoday,underprotest,oIcourse.Now,you
reIusetoanswerthephone,andhavethreatenedtohavemearrestediIIappearanywherenear
yourproperty.
YOUREMAILOFNOVEMBER18,2011AT6:52AMREADS"my oIIertoretrieveyour
walletisstillopen,anditextendstoour"clientIiles,"...".AssuchIAMDEMANDING
ACCESSTOMYCLIENTFILES,MANYOFWHICHARE FOUNDONLYONTHEHARD
DRIVESOFTHE2LAPTOPS,THEDESKTOPPC,THESCANNER,MYDIGITAL
CAMERAS,MYSMARTPHONEASWELLASTHOSETHATAREFOUNDONLYIN
HARDCOPYFORMATEINANDOUTSIDEOFBINDERS.
"Partagraph(sic)5"inyourNovember17,2011emailindicates"wethinkthatoiarecorrect,
thejustice'scourtawardoIcostsshouldbevacated"...Ihaveinquired,inwriting,astowhether
youmeanIorthe$1,500worthoIimpermissibleattorney'sIeestobeawardedinwhatis
Isanybodythere?Ikeepcallingbutnooneanswersandthemessagemachineisnotone.Idid
talktoMr.HillIoralittlewhiletoday,butprettymuchallthathewouldconIirmisthathewas
stillinsistingontheconditionsthatincludedtakingalloutsidepropertyawayIirstbeIorebeing
allowedinsidethepropertyat121RiverRock,heaIIirmedthatIwouldneedtopaythe$1060
unsigned"contractors"bill,andRichaIIirmedthatthebillwasbasedinlargeparton"Iixinga
leaktothebasement"andthatsuchaleakdidnothavemuchoIaconnectiontothereasonable
costsIor"storage,movingandinventorying"myproperty,iIany.FurtherRichaIIirmedthathe
wasnowrevokingheearlier,written,andIiledwiththecourtunderpenaltyoIperjury,
statementthathewouldnotrequireanypaymentIoranythingpriortoallowingmeaccesstoall
oImyclientIiles.Richstatedthathewasan"oldIashionedguy"anddidnotbelieveclientIiles
couldbeinadigitalIormatandthathe"didthebesthecould"togetmemyclientIileswhenhe
"grabbedabagoItrashoIIthewall" andgaveittomewithmywallet.Clearlyitdidnotcontain
myclientIilesanyMr.HillisonlyembarrassingthelegalproIessionandprejudicingMr.
Coughlin'sclient'scasesallthemore,andprobablyjustsohecanbuyanotherPorschetoaddto
themany,manyPorcheshealreadyowns.Perhapsthatmoney wouldbebetterspentbyMr.Hill
takingsomecontinuinglegaleducationcoursesinproIessionalismandcivility.Pleaseletme
knowwhenandhowIcangetmypropertyandmyclient'sproperty,eveniIitincludespaying
Sincerely,
ZachCoughlin,Esq.
RE: your larceny or conversion
What is wrong with you?
Sent: Fri 11/25/11 1:01 PM
see last email
Sent: Friday, November 25, 2011 12:59 PM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; shill@richardhillaw.com;
knielsen@richardhillaw.com; sgallagher@richardhillaw.com
Subject: your larceny or conversion
Dear Law Office of Gallagher, Nielsen, Baker, Hill & Hill,
The funny thing is that any claim uner NRS 118A.460 does not extend to property brought on the
premises AFTER the lockout, now does it. So, unless you can prove that the hard drives, desktops,
laptops, smartphones, cameras, etc. were left at 121 River Rock at the time of the illegal lockout (and
your cuted citation to the "usual custom and practice of the Washoe County Sheriff's Offices, as though
it was black letter law is just adorable, and rich, Rich, but what the legistlature meant by "receipt" may
be an issue those legal aid vets on the Nevada Supreme Court will want to clarify to Schiffian
proportions...good thing you got that informed consent from your shifty "understanding impaired" client,
the Beverly Hills bred neurosurgeon, Merliss, in writing, right?). Now, I can think of all sorts of ways to
prove something wasn't left at the property at the time of the illegal lockout, how about you? If that is
done with respect to the materials mentioned above, what does that make your actions presently?
Conversion? Larceny? Respondeat Superior? Plus, add to that the writing I have in my possession
wherein you agreed to allow me to get my "client files" (any reasonable interpretation of which in the
present day would extend to digital files on hard drives) and you are potentially looking at some time in
the joint, partner. And I think they would love you in the joint, Rich, what with your Willamette airs and
that nice drape of hair you have on the back of your scalp.
mentsarecoveredbytheelectronicCommunicationsPrivacyAct,18U.S.C.2510-2521,andmaycontain
conIidentialinIormationintendedIorthespeciIiedindividual(s)only.IIyouarenottheintendedrecipientoran
agentresponsibleIordeliveringittotheintendedrecipient,youareherebynotiIiedthatyouhavereceivedthis
documentinerrorandthatanyreview,dissemination,copying,orthetakingoIanyactionbasedonthecontentsoI
thisinIormationisstrictlyprohibited.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,
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s),
immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client,
work product, or other applicable privilege.
Do not call my office
Sent: Fri 11/25/11 4:17 PM
Mr. Coughlin- you called RPD & told them your wallet is in the house& they
should break the door down??? You have your wallet,& you have acknowledged as
much in emails. As a lawyer, you know better than to make false statements to
the police & to try to get them to conspire to commit contempt of court with
you!! Go read RPC 8.4 again.
Grow up!
Deal with the consequences of your decisions like an adult.
Rgh
RGH
Sent: Sun 11/27/11 11:30 AM
Mr coughlin- do not call my office. My staff has been instructed to hang up
if you call you will confine your communications with me & my staff to
writing.
Rgh
RGH
River Rock
Sent: Fri 12/09/11 9:27 AM
Mr. Coughlin:
Receipt of your emails of December 8 and December 9, 2011 are acknowledged.
We will not be entering into any stipulations with you at this time.
We will deal with your fabrications, criminal trespass, and contempt of court at the December 20, 2011
hearing.
In the meantime, stay away from the property at 121 River Rock.
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
12/10/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids0bd972a0-228b-11e...
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.
Page 2 of 2 Windows Live Hotmail Print Message
12/10/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=0bd972a0-228b-11e...
another Motion for Sanctions
Sent: Wed 11/02/11 1:21 AM
Merliss,landlord
v.
Coughlin,Tenant
REV2011-001708
Motion for Sanctions
Zach Coughlin hereby submits this Motion for Sanctions based on the following Points and Authorities:
NRS 118A.290 Habitability of dwelling unit.
1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.
A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health,
safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:
(a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and
doors.
yep, complained about and provide HD pictures of gnarly cracked exposed windows paine caulked in
knives of glass
(b) Plumbing facilities which conformed to applicable law when installed and which are maintained in
good working order.
yep, urine sludge toilet disaster area Merliss couldn't be bothered with
(c) A water supply approved under applicable law, which is:
(1) Under the control of the tenant or landlord and is capable of producing hot and cold running water;
(2) Furnished to appropriate fixtures; and
(3) Connected to a sewage disposal system approved under applicable law and maintained in good
working order to the extent that the system can be controlled by the landlord.
(d) Adequate heating facilities which conformed to applicable law when installed and are maintained in
good working order.
(e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when
installed and are maintained in good working order.
yep, provided notice of the electrical issues, lack of outlets per walls, fallen overhead ceilign light fixture,
pictures of, etc.
(f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good
repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and
rubbish from the premises unless the parties by written agreement provide otherwise.
(g) Building, grounds, appurtenances and all other areas under the landlord's control at the time of the
commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations
of debris, filth, rubbish, garbage, rodents, insects and vermin.
yep conversion theft destruction of green woolen carpet faux lawn
(h) Floors, walls, ceilings, stairways and railings maintained in good repair.
yep, complained of and provided pictures of floor in front of front door (rotted deck, peeled grip strips),
and crumbling stairs leading to front door entrance additionally, the moldy insulation fits within this
section, written notice May 14, 2011, HD pictures provided to Merliss
11/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids2c6a1766-465e-4577...
(i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in
good repair if supplied or required to be supplied by the landlord.
moldy insulation may come under this section, too, considering the respiratory problems incident to
mold spores
2. The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks
and minor remodeling only if:
(a) The agreement of the parties is entered into in good faith; and
(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.
Yep, your boy welched on the agreements though then retroactively tried to apply all these
documentation requirements and other retaliatory attempts to weasel his way out of the deals
3. An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty
under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the
tenant enters into the agreement because the landlord or his or her agent has refused to perform them.
this may be applicable too!
(Added to NRS by 1977, 1336; A 1999, 1229; 2007, 1284)
NRS 118A.510 Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions.
1.Exceptasotherwiseprovidedinsubsection3,thelandlordmaynot,inretaliation,
terminateatenancy,reIusetorenewatenancy,increaserentordecreaseessentialservices
requiredbytherentalagreementorthischapter,orbringorthreatentobringanactionIor
possessioniI:
(a)ThetenanthascomplainedingoodIaithoIaviolationoIabuilding,housingorhealth
codeapplicabletothepremisesandaIIectinghealthorsaIetytoagovernmentalagencycharged
withtheresponsibilityIortheenIorcementoIthatcode;
complainedoI"noxiousweedordinance"andindicatedthattenantsseemstoremembercalling
RenoDirectaboutit....primaIacieshowing,mustassumeassertionstobetrue,notmakeruling
onwhetherornottheyare....voidjudgment
(b)ThetenanthascomplainedingoodIaithtothelandlordoralawenIorcementagencyoI
aviolationoIthischapteroroIaspeciIicstatutethatimposesacriminalpenalty;
yep,lotsoIviolationsevincedinemailcorrespondencestolandlord,toilet,window,stairs,deck
Iloor,backstairs,patioIloorinback,ceilinglight,disposal,moldyinsulation,brokenslatoI
woodonbackdeck
(c)ThetenanthasorganizedorbecomeamemberoIatenantsunionorsimilar
organization;
(d)AcitationhasbeenissuedresultingIromacomplaintdescribedinparagraph(a);
(e)ThetenanthasinstitutedordeIendedagainstajudicialoradministrativeproceedingor
arbitrationinwhichthetenantraisedanissueoIcompliancewiththerequirementsoIthis
chapter respecting the habitability oI dwelling units;
well,thiswillbeinteresting,now,doyou recallwhetherIIiledorarguedauthoritytosupport
thecontentionthat"instituted"andor"arbitrated"IitnicelywiththeIactsinthepresentcase?
Checkyourrecords.Yourguybothbroughtandthreatenedtobringanactionagainstme,I
deIendedagainstthatthreatandinstitutedmyownbysendingalitigationdemandletterto
him...
(I)ThetenanthasIailedorreIusedtogivewrittenconsenttoaregulationadoptedbythe
landlord,aIterthetenantentersintotherentalagreement,whichrequiresthelandlordtowait
untiltheappropriatetimehaselapsedbeIoreitisenIorceableagainstthetenant;or
IreIusedtoconsenttoaunilateralchangedinthe48hourswrittennoticerequirementpriorto
inspectionsoughtbyMerliss.
(g)ThetenanthascomplainedingoodIaithtothelandlord,agovernmentagency,an
attorney,aIairhousingagencyoranyotherappropriatebodyoIaviolationoINRS118.010to
118.120,inclusive,ortheFairHousingActoI1968,42U.S.C. 3601etseq.,orhasotherwise
exercisedrightswhichareguaranteedorprotectedunderthoselaws.
yep,IcomplainedinwritingtoyourguyabouthisdiscriminatingagainstmeIorbeingentitled
andhisclearpatternandpracticeoIpreIerringdocileHispanictenantsandworkers
2.IIthelandlordviolatesanyprovisionoIsubsection1,thetenantisentitledtothe
remediesprovidedinNRS118A.390andhasadeIenseinanyretaliatoryactionbythelandlord
Iorpossession.
YouractionlackabasisinIactorlaw.ThiswritingisaIilingreadymotionpursuanttothe21
daysaIeharborprovisionsoINRCP11.Pleasecureyourtransgressionsandretractand
committedorcontemplatedlockoutorattemptstoarrangeIoranevictionOrdertobeentered.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
toilet issues fit in 118a.290
Sent: Wed 11/02/11 12:45 AM
HiGuys,
DidyouknowyourneurosurgeonclientwenttoBeverlyHillsHigh
School?JustlikeMonicaLewinksi.Well,also,onappeal,thewhole
toileturinesludgenoticeinwritingthingisgoingtoprovideIertilearea
Iorargumentunder118a.290:"(b)PlumbingIacilitieswhich
conIormedtoapplicablelawwheninstalledandwhicharemaintained
ingoodworkingorder."Ihaveevidenceshowingyourclient,the
neurosurgeonIromBeverlyHills,waslessthantruthIul onthestandthe
otherday.IwillsettlethiscaseIor$45,000indamages,thisisanoIIer
oIjudgment,itisanexplodingoIIerthatwillnotbeavailablelongat
all.PleaseprovidewrittenconIirmationthatyouhavereceivedthis
OIIeroIJudgmentandthatyouhaveprovidedawrittencopyoIitto
yourclient,andthatyouarenotattemptingtomilkeverylastcent
worthoIattorney'sIeesoutoItheBeverlyHillsneurosurgeon,northat
youarebeingverycareIultoavoidanypathtosettlementinthis
matter.Oh,Casey,pleasedon'tenterthisSettlementOIIerinto
evidenceattheendoItrialor appeallikeyoudidonOctober26th,2011
atthecloseoIevidenceandrightbeIoreJudgeSIerrazzamadehis
ruling.Youknow,youarenotsupposedtoputsettlementoIIersinto
evidence,right?Actually,thereisstrongpublicpolicyrationaleIor
makingsuchoIIersinadmissible.IguessyourspecialbrandoI
KentuckyFriedLawyering(TM)doesnotbothertoobeysuchdictates.
IdonotconsenttoanyIormoIelectronicserviceIoranytypeoInotice
inthiscase.Icouldn'treadyourlastemail.Iamwaitingtoget
appropriatewrittennoticeoIanythingyouguysseektodo,likeand
inspection,amotionseekingsuchandorder,awrittenorderallowing
one,etc.Pleaseassumethepropertyiscrawlingwithvideoandaudio
recordingdeviceslikesomekindoIrealitytelevisionHollywood
soundstage.Iamnotsayingitis,butIamnotsayingitisnot,either.
D'yerknowwhatImean?Totheextentyouwillorhaveattemptedto
conductaninspectionpriortoprovidingwrittennoticeoIthatintentand
orwrittennoticeoIanyorderallowingsuchaninspection(and,
remember,RJCisclosedonFridays,wehadaholiday,etc.,etc.)please
knowthereareseveralcausesoIactiontoholdyouaccountableIor
suchtransgressions.Further,youhadadutytonotiIythecourtoIany
contraryauthorityyouwereawareoI,speciIically,inregardtothe
court'sabilitytorequirearentescrowdepositbythetenantwithina
summaryevictionproceeding.Also,youcuriouslywithdrewyourpast
duerentnotice,yet,youstoodincourtandarguedtoJudgeSIerrazza
thatarentescrowamountshouldbeordereddepositedwiththecourt.
PleaseseeNevada'sRulessoIProIessionalConductIorIurther
explicationoIhowyourconductinthatregardisimpermissible.Judge
SIerrazzachangedhisordersmanytimesduringthe"Trial"(anditwas
noticed,inwriting,asaTrial,despitethelackoI20daystorespondtoa
Complaint,andoIcourse,therewasnorealComplaint,justtheIorms
youguysuseinprovidinglegalworkthatyouassertwasworthsome
$20K).So,oIcourse,anyOrderstemmingIromtheOctober26th
"Trial"willbesetasideasvoid.Thenyouguyscancontinuebilling
yourclientIoraplenaryunlawIuldetaineraction,unlesstherearesome
otherexpensiveproceduraldetoursyouwishtotakeyourclientonIirst,
orsomepeoplewhohavenothing totestiIyaboutthatyouwishtostack
oIcostsandIeesservingwithsubpoenas.Howaboutthis,IIound
someauthoritythatsuggestIcansendyourclientmySettlementOIIers
aslongasIcopyyouguysonthem.Whydon'tyouassumeIdidjust
that?MaybeIdid,maybeIdidn't,wouldlovetohearyouguystalking
totheBeverlyHillsneurosurgeonandattemptingtointerrogatehimas
towhetherheisawareoIaSettlementOIIerIsentyouguys.Assume
thatIorallthevarioussettlementoIIersIhavesentyouguys.Man,
yourclienthadawrittensettlementoIIerthatwouldhavebasically
gottenhimoutoIthisdealIorlessthan$2,000,yet,somehowyou
billingninjasmanagedtomilkanother$20,000inattorney'sIeesIrom
him?Wait,unlessyouguysdidthiscaseonaIlatIeeandarenow
attemptingto,inanimpermissiblemanner,redeIine"incurred"to
includeimaginaryamountsyoubilledMerlissbasedonabillablehour
wheninactualityhewasbilledonaIlatIee.Especiallywhereyoumay
haveengagedinoverbillingtheseimaginaryhourstorespondtowhat
youyourselIhavedeIinedaspointlessandweaklegalmotionsby
myselI.IItheyaresopoorlyexecuted,whydoesittakeyouguys
$20,000inattorney'sIeestodeIendagainstthem.Isthatwhyyou
redactsomanythingsIromyourbillingstatements?HopeIullyyou
aren'trunninganyunlawIulskiptraces,itsnothardtoIindoutiIyou
are.Pleaseletyourclientknowthathisdubiousassertions,underoath,
thathepaid,sometimearoundMay24th,2011,theGreenActionLawn
Serviceandadditional$2,000toweedsthepropertyat121RiverRock
St,Reno,NV89501isgoingtobesomethinghewillreally,reallyneed
somedocumentationandprooIoI,asperjuryislookeddownupon
somewhatinNevadacourts.Further,itwillbeveryinterestingtoseea
denovoapplicationoIthesummaryjudgmentstandardtotheissueoI
whetherIassertedalegaldeIense,andthistime,I wouldn'tbesurprised
iIthetrieroIIactassumeseverythingIsayistrue,asisrequiredbya
JudgewhoisdeterminingwhetheraprimaIacieshowinghasbeen
made,ratherthandiscountinganythingIsayanddoingabunchoIyoga
totwistandturntortuouslytosomehowIindinyourIavordespitethe
retaliatorypersenatureoIyourclient,theBeverlyHills
Neurosurgeon's,conduct.YouboysmightwanttoholdoIIabiton
puttingnewlocksonthedoorsorreleasingtheconstableKraken,asI
runalawoIIiceoutoI121RiverRock,andmyclient'sentrustmewith
importantmatters,likegettingTrusteeSalespostponedandIighting
wrongIulIoreclosures,etc.,andanymalIeasanceonyourpartwill result
inconsequentialdamages,thinkskullplaintiIIstyle,Iorwhichyou
yourselIandyourneurosurgeonclientmayultimatelybeliableIor.
KindoIabigrisktotakejusttogetalilol'eviction,butIguessiIyou
arecollectingenoughattorney'sIees,thenmaybethatisariskyouare
willingtotake,notsureaboutyourclient,butyeah,maybeitwouldbe
worthittoyouguys,DickandCasey.IamlookingIorwardtothejury
trialinthismatter,asanappropriateandtimelydemandIorsuchhas
beenmade.Oh,thewhole"thenyoustartedwaxingeloquentabout
urinecrystals"testimonybyyourclient,theBeverlyHills
Emergency Appeal/ Motion to Stay Eviction attached.
IFP motion for Appeal attached.
Neurosurgeon,isgoingtobeveryintriguingwithinaretaliatory
evictioncontext,especiallywhereyourclienthasmadenumerous
statementsregardingthe"entitled"natureoIthewhitemaletenant,and
hasestablishedapatternandpracticeoIhiringallegedlyundocumented
HispaniclaborIorcheap,andapreIerenceIorIemale,docile,Hispanic
tenants(seetheFairHousingDiscriminationlaws,whichareappliedin
aIaciallyneutralmanner,despitewhateverconIusionJudgeSIerrazza
mayhaveinthatregard).
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Sent: Wed 11/02/11 2:27 AM
To: judge.steinheimer@washoecourts.us; judge.berry@washoecourts.us; cdbaker@richardhillaw.com
2 attachments
marked as received by M. Purdy Mtn and Affid proceed on appeal IFP Merliss v Coughlin
eviction.pdf (69.8 KB) , Emergency Appeal and Motion to Stay Eviction or Lockout marked as
received M. Purdee WDC filing office attempt to submit with IFP.pdf (148.7 KB)
DearJudgeSteinheimerandJudgeBerry,
IamsorrytohavetoresorttoseekingtosubmitIilingstotheCourtinthismanner,but,given
theexigenciesoItryingtorepresentmyclientsinthemostzealousmannerpossible(someoI
myclientshaveverypressingmatters,suchasseekingtohaveTrusteeSalespostponed)while
beingconIrontedwiththesummarynatureoIanevictionproceeding/"Trial"thathasincluded
animpermissibleIorceddepositingoI$2,275intotheRenoJusticeCourt'srentescrowaccount,
inadditiontoimpermissibledeparturesIromthestrictnoticerequirementsattendanttoany
summarypossessoryaction,IIeelImustcontacttheCourtinthismanner.Thisisevenmore
trueinlightoIthelackoIresponseIhavereceivedIromMr.Conyersandthenewsthathehas
resignedvery,veryrecently.
OnThursdayIattemptedtosubmitanEmergencyAppealoItheOrderthatseekstoevictme
IrommylawoIIice,whichIalsoutilizeasaresidence.Tome,thisisimportant,Idonotseekto
annoyIilingoIIicestaIIandrespecttheworktheydoandthegeneraldedicationtheydisplay.I
askedtheWDCIilingoIIicetoretainthehardcopyoItheEmergencyAppealthatIsoughtto
submit(IamnotclearwhetheritcouldbeIilestampedatthatpoint,IimaginetheIFPwould
needtobeapproved....FurtherNRS12.015seemstorequireonetosubmitaproposedIiling
withanIFPPetition).IwishtosubmitthisAmendedInFormaPauperisPetition,containing
moredetailedIinancialstatusinIormation.Idon't havemuchtimegiventhenatureoIsummary
evictions.Mylandlord'sattorney,CaseyBaker,Esq.andRichardG.Hill,Esq.seektohavea
constablelockmeoutoImyhomelawoIIicepriortoawrittenEvictionOrderevenbeing
appropriatelyserveduponmeinwriting.Theyseektoachievesomethingsimilarwithrespect
toavideotapedinspectionoImylawoIIicewithoutprovidingappropriatewrittennotice,nor
detailingthereasonIorsuchaninspectionnorthereasonablenessIorseekingone,allwithout
appropriatewrittennoticeoIanintenttoinspect,norwrittennoticeoIanOrderallowingIor
suchaninspection.ThatiswhyItookthetimetogototheIilingoIIiceandavoidanysuch
situationordelays.TheIilingoIIiceagreedtomarkasreceivedthedocumentonthebackoI
theIrontpage.Iscannedthatandamemailingthatcombinedwiththeactualdocumenttoyou
within.IIeelthereisachanceJudgeSteinheimermayIindtheIFPIpreviouslysubmittedwill
notbedetailedenough.Assuch,IalsoattemptedtosubmitthemoredetailedIFP/AIIidavitin
SupportoIIFPonThursday.TheIilingoIIicesignedanddatedthatdocumentbutreIusedto
retainthehardcopyaswell....Iamattachingthattothisemailalso.Icouldbewrongwith
regardtomycontentionsthattheIilingoIIiceisnotsupposedtoreject IilingsoIthissort.IIthat
isthecase,IapologizeIorrequestingyourattentioninthismatter.
WithregardtotheWDCIilingoIIicestaIIreIusingtoIilepaperssubmittedIorIiling,please
consider:
Sullivanv.EighthJudicialDist.CourtInandForCountyoIClark,904
P.2d1039,111Nev.1367(Nev.,1995):Thisproperpersonpetition
IorawritoImandamusseeksanorderIromthiscourtdirectingthe
EighthJudicialDistrictCourttoIilepetitioner'sapplicationtoproceed
inIormapauperisandhiscivilcomplaint.1OnJuly25,1995,we
orderedthestatetoIileananswertothispetition.Thestate'sanswer
wasIiledonAugust11,1995.2Documentationsubmittedbypetitioner
tothiscourtestablishesthatpetitionersubmittedtotheclerkoIthe
districtcourtIorIilinganapplicationtoproceedinIormapauperisanda
civilcomplaintonMay15,1995.AlthoughtheapplicationIorleaveto
proceedinIormapauperiswasinproperIormandwassworntounder
penaltyoIperjury,theclerkoIthedistrictcourtdidnotIilethat
application.3TheIailuretoIiletheapplicationwasinviolationoIthe
clearstatutorymandatethatsuchanapplicationbeIiled.NRS12.015(1)
providesthat"|a|nyperson...mayIileanaIIidavit|seekingleaveto
proceedwithoutpaymentoIIees|."Further,wehaverepeatedly
instructedtheclerkoItheEighthJudicialDistrictCourtthatsuch
documentsmustbeIiled.SeeBowmanv.DistrictCourt,102Nev.474,
728P.2d433(1986)(clerkhasaministerialdutytoacceptandIile
documentsiIthosedocumentsareinproperIorm;clerkmustnot
exerciseanyjudicialdiscretion);Barnesv.DistrictCourt,103Nev.
679,748P.2d483(1987)(prisoner'srightoIaccesstocourtcannotbe
deniedonbasisoIindigency);Huebnerv.State,107Nev.328,810 P.2d
1209(1991)(clerkmustcreateanaccuraterecordoIallpleadings
submittedIorIiling,whetherornotthedocumentsareactuallyIiled);
Whitmanv.Whitman,108Nev.949,840P.2d1232(1992)(clerkhas
noauthoritytoreturndocumentssubmittedIorIiling;instead,clerk
muststampdocumentsthatcannot beimmediatelyIiled"received,"and
mustmaintainsuchdocumentsintherecordoIthecase);Donohov.
DistrictCourt,108Nev.1027,842P.2d731(1992)(theclerkoIthe
districtcourthasadutytoIiledocumentsandtokeepanaccurate
recordoItheproceedingsbeIorethecourt);Greyv.Grey,111Nev.
388,892P.2d595(1995)(clerkoIdistrictcourtadmonishedIorIailure
tokeepaccuraterecordoIdocumentssubmittedIorIiling).Petitioner
allegesthatthedistrictcourthasreIusedtoIilehisapplicationandhas
returneditwithdirectionstoprovidemoreinIormationregarding
employment.Indeed,petitionerhasattachedtohispetitionIorawritin
thiscourthisoriginalapplicationasitwasreturnedtohim.Attachedto
thetopoIthedocumentisa"post-it"notewiththehandwritten
notation:"applicationdeniedincompleteinIo-employmentcurrently."4
ThestateinIormsusthatthenotewaswrittenby"thechieIjudge."In
addition,petitioneralleges,andtheallegationisapparentlytrue,that
alongwithhis"denied"applicationIorleavetoproceedinIorma
pauperis,hiscivilcomplaintwasreturnedtohimunIiled.Finally,
petitioneralleges,andhasattacheddocumentationtosupportthe
allegation,thatjudges'lawclerksoItenreturntoprisonersunIiled
motionsalongwithletterspurportingtoruleonthelegalsuIIiciencyoI
thosemotions.Thestatearguesinitsanswertothispetitionthat
"petitioner'sapplication...wasdeniedonthebasisthattheaddressoI
thePetitionerwhichwaslatergiventotheCourtby Petitioner...didnot
appeartobeajailandthatsuchinIormationwascontrarytothe
inIormationshownintheapplicationwhichstatedthatthePetitioner
wasinprison.The'outoIjail'addresssuggestedanabilityoIthe
Petitionertobeemployed."ThisvaguereIerencetoan"outoIjail"
addressisnotexplainedinthedocumentsbeIorethiscourt.
Nevertheless,thestate'sassertionthatpetitioner'sapplicationwas
deniedisincorrect.Thehandwrittennotationonpetitioner'sunIiled
applicationclearlydoesnotconstituteaproperjudicialdispositionoI
thatapplication.Further,theactionoItheclerkoIthedistrictcourtin
returningpetitioner'sapplicationandcivil complainttohimunIiledisin
directviolationoIthiscourt'sinstructionstotheclerkoIthedistrict
courtinWhitmanv.Whitman,108Nev.949,840P.2d1232(1992).
ThiscourthasseveraltimesconIirmedtheabsoluteobligationoIthe
districtcourtstoIiledocumentssubmittedtothemandtopreservethe
rightoIcitizenstoaccesstothecourts,whetherindigentornot.Barnes
v.DistrictCourt,103Nev.679,748P.2d483(1987);Huebnerv.State,
107Nev.328,810P.2d1209(1991).Indeed,inDonohov.District
Court,108Nev.1027,842P.2d731(1992),acasedirectlyanalogousto
thiscase,weheldthattheclerkoIthedistrictcourtviolatedtherightsoI
anindigentpartywhensheneglectedtoIileamotionIorleaveto
proceedinIormapauperisandamotionIorrelieIIromadeIault
judgment.SpeciIically,westated:"|T|heclerk|oI thedistrictcourt|had
anabsolutedutytoIilethemotionIorleavetoproceedinIorma
pauperisandtoclearlystampthedateoIreceiptoItheotherdocuments
onthedocuments.Further,theclerkhadadutytokeepanaccurate
recordoIthecasependingbeIorethedistrictcourt."Id.at1029,842
P.2dat733(citationomitted;emphasisadded).Thus,petitioner's
applicationIorleavetoproceedinIormapauperismustbeIiled.II,on
subsequentreviewoItheapplication,thedistrictcourtdeterminesthat
petitionerhasnotshownheisindigent,thedistrictcourtmayorder
petitionertoprovideIurtherinIormationormaydenytheapplicationin
anappropriatelyIiledwrittenorder.II,ontheotherhand,thedistrict
courtgrantstheapplication,thedistrictcourtmustthenproceedto
requiretheIilingoIpetitioner'sotherdocumentsandtoconsiderthem
induecourse.Donoho,108Nev.at1030,842P.2dat733.OIcourse,
IorstatuteoIlimitationspurposes,thecomplaintwouldhavetobe
consideredIiledonthedateoIactualreceiptbytheclerkoIthedistrict
court.Tocontinuetheanalysis,withrespecttopetitioner'scivil
complaintwhichheisattemptingtoIileconcurrently,thedistrictcourt
clerkhadanabsoluteobligationtostampthedocument"received"and
torecordthedateonwhichthedocumentwasinIactreceivedatthe
courthouse.SeeHuebnerv.State,107Nev.328,810P.2d1209(1991).
ThistheclerkoIthedistrictcourtdid.However,theclerkthenhada
dutytomaintainacopyoIthereceiveddocumentintherecordoIthe
case,whetherornotthedocumentiseverIiled.Whitmanv.Whitman,
108Nev.949,840P.2d1232(1992).This,theclerkneglectedtodo.
WhileHuebnerdealtwiththetimelinessoIanoticeoIappeal,the
rationalecompellingthiscourt'srulinginHuebner,thatalldocuments
mustbemarkedreceivedanddated,applieswithequalIorcetoaparty's
submissionoIacomplaint."ThelegalrightsoIthepartiestolitigation,
whetheractinginproperpersonorthroughcounsel,oItenturnonthe
dateoIreceiptbytheclerkoIthedistrictcourtoIdocumentsand
pleadings."Huebner,107Nev.at330,810P.2dat1211.Aswitha
noticeoIappeal,theuntimelyIilingoIacomplaintmaypreventthe
courtIromhearingthematteronitsmerits.ItistheresponsibilityoIthe
clerkoIthedistrictcourttokeepanaccuraterecordoIalldocuments
submittedtoher,whetherornottheyareIiled.AsinHuebner,
ambiguitiesregardingwhendocumentswerereceivedorIiledmust
ultimatelyberesolvedinIavoroIthepartysubmittingthem.Id.at332,
810P.2dat1212.TheissuepresentlybeIorethiscourtisnotwhether
petitioner'smotionIorleavetoproceedinIormapauperisissuIIicient
toestablishpetitioner'sindigence.Further,wearenotnowconcerned
withthemeritsoIpetitioner's civilcomplaint.Wearevitallyconcerned,
however,withthepreservationoItheconstitutionalrightoIaccessto
thecourtsandwiththeprotectionoItheconstitutionalrighttodue
processoIlaw.AwritoImandamusisavailabletocompelthe
perIormanceoIanactwhichthelawrequiresasadutyresultingIrom
anoIIice,trustorstation.NRS34.160.TheclerkoIthedistrictcourt
hasanabsolutedutytoIilepetitioner'sapplicationandtoproperly
receiveandkeeparecordoIpetitioner'scomplaint.Accordingly,we
grantthispetitionIorawritoImandamus.6TheclerkoIthiscourtshall
serveacopyoIpetitioner'sapplicationandcomplaintontheclerkoIthe
districtcourtIorthwith.TheclerkoIthiscourtshallalsoissueawritoI
mandamuscompellingtheclerkoIthedistrictcourttoIilepetitioner's
application,andtoreceivepetitioner'scomplaint.Thesedocumentswill
beconsideredtohavebeenIiledandreceivedonMay15,1995.---------
------1PetitioneralsoseeksawritoIprohibitionenjoiningthedistrict
court,theclerkoIthedistrictcourtandheremployeesIromdenying
prisonersaccesstothecourtsintheIuture.Wedenypetitioner'srequest
IorawritoIprohibition.2Causeappearing,wegrantpetitioner'sproper
personrequestIorleavetoIileareplytothestate'sanswer.Theclerk oI
thiscourtshallIilethereply,entitled"petitioner'sreplytopetitionIor
writsoImandamusandprohibition,"whichwasreceivedbythiscourt
onAugust21,1995.3Althoughthedocumentwasentitled
"application"ratherthan"aIIidavit,"itwassworntounderpenaltiesoI
perjury,providedinIormationconcerningpetitioner'sIinancial
conditionandclearlysoughtajudicialrulingregardingthequestionoI
whetherpetitionerwouldbeallowedtoproceedwithacivilaction
withoutthepaymentoIIees.Thus,anydeviationastoIormwasnot
signiIicantenoughtojustiIytheclerk'sIailuretoIilethedocument.The
clerkoIthecourthasnodiscretiontomakeanyjudicialruling
regardingthelegalsuIIiciencyoIadocument.Whenadocumentin
properIormissubmittedtotheclerk,theclerkhasaministerialdutyto
Iilethatdocument.4Wenotethatpetitionerispresentlyaninmateat
theNevadaStatePrison,andthathisaIIidavitIiledinthiscourtin
supportoIthispetitionstatesthatheiscurrentlyunemployedandhas
noprisonjob.Healsoaversthathisonlyassetis$6.57inhisprison
account.5OnesuchletterIromalawclerktoaninmatestates:
"AttachedpleaseIindyourMotionstoProceedinFormaPauperis
whichyourecentlysubmitted.NRS12.015requiresanindigentlitigant
tosetIorth'withparticularityIactsconcerninghisincome,property,and
otherresources...'YourapplicationtoproceedsetsIorththis
inIormationverygenerally.""PleaseresubmittheMotionwithamore
particularstatementregardingyourIinancesandanypropertyyou
own...."Althoughthisletterdoesnotdirectlydenythemotion,itclearly
hastheeIIectoIdenyingthemotionwithoutIiling.OIcourse,likethe
clerkoIthedistrictcourt,ajudge'slawclerklacksjudicialauthority.6
Thestaterepresentsthat"theDistrictCourtwillIilethePetitioner's
complaintuponsubmittalbythepetitioner."Thisstatementwasbased
onthestate'sviewthatwedeterminedinourOrdertoShowCausethat
petitionershouldbeallowedtoproceedinIormapauperis.We,
however,expressnoopinionregardingthemeritsoIpetitioner's
applicationorcomplaint.Wemerelydeterminethattheapplication
shouldhavebeenIiledandjudiciallyresolved,andthecomplaintshould
havebeenproperlyreceived.Wenotethatpetitionerhassentthe
originaldocumentstothiscourt,andthusmaynotbeinapositionto
resubmitthem.Also,IorstatuteoIlimitationspurposes,thedocuments
mustbeconsideredIiledasoIthedateoIoriginalreceipt.Thus,we
havedeterminedthatthispetitionmustbegranted.Anothervery
importantandinstructivecaseisWhitmanv.Whitman,108Nev.949,
840P.2d1232(Nev.,1992):Onrehearing,appellanthassubmitted
documentsthatconclusivelydemonstratethatappellantsubmitteda
timelynoticeoIappealtotheclerkoIthedistrictcourt.Althoughthe
clerkoIthedistrictcourtstampedthenoticeoIappeal"received"on
December30,1991,theclerkdidnotIilethenoticeoIappeal.Instead,
theclerkoIthedistrictcourtreturnedappellant'snoticeoIappealto
appellantbecauseitwasnotaccompaniedbyaIilingIeeand,although
thenoticewasaccompaniedbyamotionIorleavetoproceedonappeal
inIormapauperis,appellant'saIIidavitinsupportoIthatmotionwas
apparentlynotsigned.Consequently,thereisnorecordoIthe
submissionoIappellant'stimelynoticeoIappeal.Wenotethattheclerk
oIthedistrictcourtIiledappellant'smotionIorleavetoproceedon
appealinIormapauperisonthedateoIreceipt,December30,1991,and
thatthedistrictcourteventuallygrantedthatmotion.Wehave
previouslystatedthat"itisextremelyimportantthattheclerkoIthe
districtcourtkeepanaccuraterecordoIthedateoIreceiptoIevery
documentsubmittedtotheclerk,regardlessoIwhetherthedocumentis
intheappropriateIorm.Indeed,itisagrossderelictionoIdutyIorthe
clerkoIthedistrictcourttoneglectthisministerialduty."Huebnerv.
State,107Nev.328,330,810P.2d1209,1211(1991)(Iootnote
omitted).Inthiscase,theclerkoIthedistrictcourthasIailedtokeep
anyrecordoIthedateoIreceiptoIappellant'snoticeoIappeal;instead,
theclerkstampedthedocument"received"andreturnedittoappellant.
TheclerkoIthedistrictcourthadnoauthoritytotakesuchaction.
AlthoughtheclerkoIthedistrictcourthadnodutytoIileappellant's
noticeoIappealbeIoreappellantpaidtherequisiteIilingIeeorwas
relievedoIthedutytopaytheIilingIeebyorderoIthedistrictcourt,
seeNRS19.013(2),theclerkhadadutytoreceivethedocumentandto
keepanaccuraterecordoIthecasependingbeIorethedistrictcourt.
ParticularlyinthiscaseitwasessentialthatthenoticeoIappealbe
retainedintherecord,becausewehaveheldthatanoticeoIappealis
eIIectiveonthedateoIreceiptbythedistrictcourtclerk.SeeHuebner
v.State,|108Nev.952|107Nev.328,810P.2d1209(1991).Rather
thanreturningthenoticeoIappealtoappellant,theclerkoIthedistrict
courtshouldhaveretainedthenoticeoIappealintherecord,andshould
haveinIormedappellantbyletteroIanyperceiveddeIicienciesinthe
document.4Appellantcouldthenhavetakenwhateveractionwas
appropriatetopursuehisappeal.InlightoItheIoregoing,weconclude
thatappellanttimelysubmittedtotheclerkoIthedistrictcourtanotice
oIappealIromanappealableorderoIthedistrictcourt,andthat
appellant'stimelynoticeoIappealisnotcontainedintherecorddueto
theinappropriateactionoIthedistrictcourtclerk.Accordingly,we
grantappellant'spetitionIorrehearing,andweproceedtoaddressthe
meritsoIthisappeal.Id.At1232-1234.See,also,Barnesv.Eighth
JudicialDist.CourtoIStateoINev.,InandForClarkCounty,748P.2d
483,103Nev.679(Nev.,1987).
Additionally, RulesoIPracticeIorthe SecondJudicialDistrictCourtoIthe
StateoINevada,Rule12(10)provides:
10.DropboxIiling.
(a)PaperseligibleIorIiling.Allpapersandpleadings,including
motions,oppositionsandrepliesmaybeIiledinthedropboxlocated
outsidetheCourtClerksOIIice,withtheexceptionoIIilingswhich
requirethepaymentoIIilingIees.FilingswhichrequirethepaymentoI
IilingIeesmustbemadedirectlywiththeCourtClerksOIIice.
(b)Procedure.PapersmaybeIiledinthedropboxduringallhours
thecourthouseisopen.Papersmustbedateandtimestampedpriorto
beingplacedinthedropbox.DropboxIilingsshallbedeemedIiledas
oIthedateandtimenotedonthepaperorpleading.IIadropboxIiling
hasnotbeendateandtimestamped,thepaperorpleadingshallbe
deemedIiledatthetimeitisdateandtimestampedbytheCourtClerk.
Further,NRCP5(e)holdsthat:
"(e)FilingWiththeCourtDeIined.TheIilingoIpleadingsandother
paperswiththecourtasrequiredbytheserulesshallbemadebyIiling
themwiththeclerkoIthecourt,exceptthatthejudgemaypermitthe
paperstobeIiledwiththejudge,inwhicheventthejudgeshallnote
thereontheIilingdateandIorthwithtransmitthemtotheoIIiceoIthe
clerk.AcourtmaybylocalrulepermitpaperstobeIiled,signedor
veriIiedbyelectronicmeansthatareconsistentwithtechnical
standards,iIany,thattheJudicialConIerenceoItheUnitedStates
establishes.Apapersignedbyelectronicmeansincompliancewiththe
localruleconstitutesawrittenpaperpresentedIorthepurposeoI
applyingtheserules.TheclerkshallnotreIusetoacceptIorIilingany
paperpresentedIorthatpurposesolelybecauseitisnotpresentedin
properIormasrequiredbytheserulesoranylocalrulesorpractices."
TheIilingoIIicerclerk'sinthe2ndJudicialDistrictCourtIorWashoe
County,andthemanagers,supervisors,andadministratorsregularly
reIuseIilingincontraventionoINRCP5(e).Further,thedropbox
requiredbyWDCR12(10)isnomore.Thedropboxwasremoved
about6monthsago.TheeIilingIeetripled,aboutsixmonthsago,on
July1,2011.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
Tel7753388118
Fax9496677402
NevadaBarNo:9473
Possession is all that can be ruled on
RE: letter regarding supervision of court personnel
From: zachcoughlin@hotmail.com (zachcoughlin@hotmail.com)
Sent: Thu 11/03/11 11:09 AM
To: Casey Baker (cdbaker@richardhillaw.com)
In summary possessory action. You said it yourself law says it. If an order you proposed speaks to
escrow or inspection (ie non noticed inspection "motions" after judge rules, i will report your
professional misconduct. If such a proposed Order is signed, much less rubber stamped, you have
committed professional misconduct. This is a 21 day filing ready motion. Alert the court to your
transgressions at once.
Sent: Thu 11/03/11 12:59 PM
To: stuttle@washoecounty.us; kstancil@washoecounty.us; psferrazza@washoecounty.us;
cdbaker@richardhillaw.com
To Whom it May Concern,
I am writing to formally complain with regard to the fact that I requested, in writing a copy of the audio
CD from the October 26, 2011 Summary Eviction "Trial" (it was noticed in writing as a "Trial", however,
it lacks the plenary protections (to wit: no 20 day notice, ability to assert counterclaims, interplead or
add necessary third parties) of a full scale unlawful detainer "Trial", however, it still managed to exceed
the express scope of a Summary Eviction Proceeding under NRS 40.253(6) in that matters beyond
possession were ruled upon, despite J udge Sferrazza and opposing counsel acknowledging their
awareness of Anvui and Galzer and NRS 40.253(6), and the lack of a corollary to J CRLV Rule 44 in Reno
J ustice Court. If opposing counsel Baker crafted a proposed Order, and god forbid, got it signed or
"rubber stamp" by a member of the J udiciary, that purports to further hijack the $2,275 that J udge
Sferrazza ordered into the Court's rent escrow account, especially where J udge Sferrazza made not such
oral declaration on October 26th, 2011 after he took the time to read my Motion for Summary J udgment
on his lunch hour and recognize the lack of a corollary to J CRLV 44 in Reno J ustice Court, then opposing
counsel Baker is guilty of professional misconduct, in my opinion. Essentially, I was evicted without due
process and $2,275 was hijacked from me by your court. I am not writing merely because I am upset.
I am writing because I have clients who depend on me, and the exigencies of such circumstances
dictate that I do, and if I am locked out from my law office and client files, terrible things may happen
to these client's legal interests. I fail to see where the Beverly Hills High School graduate Neurosurgeon
has any such exigencies in connection with this matter. I have clients who are facing Trustee Sale's
that seek to take away the only home and home loan they will ever get. I have client's who are seeking
to prevent the Court's from taking away their children. I have client's who have had frauds perpetrated
upon them that make me want to puke, literally.
I give you my solemn vow that this will be appealed to District Court, then the Nevada Supreme Court,
and failing that, a Mandamus Action will be filed. A review of my rap sheet will show that I can, will,
and certainly have filed a Mandamus action against a J udge or Court previously. Only, the next time,
being told "no" by the initial three judge panel will be met with a request for reconsideration by the
entire Court.
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=22746
No Order should issue from case REV2011-001708 in light of the RJ C failure to provide a FULL copy to
the counsel upon an appropriately made and timely request for one. To the extent any such Order has
issued, the Court ought invoke the privilege it has under J CRCP 59 to move, sua sponte, to set aside or
vacate its own Order within 10 days of entering it. No Order should be "rubber stamped" upon
opposing counsel presenting a proposed Order that completely and utterly molests, defiles, and
disfigures any oral ruling made by J udge Sferrazza on October 26, 2011. Further, I am herein again
officially complaining of the RJ C's practice of faxing or providing via electronic means to Kentucky Fried
Lawyering afficionado Casey Baker, Esq. or Richard Hill, Esq. anything they request, via fax, or other
means that is reduced to 1 and 0's for the purposed of electronic transmission, while the RJ C refuses the
same courtesy to me. This inequity is similar to a J udge insisting, in open court, that any motion I make
be a 10 day noticed motion, whereas Mr. Baker can apparently move for an Order requiring inspection
of a law office, with videographer in tow, after, perhaps, lying about whether personal service had been
made (see the Order signed by J ustice of the Peace Clifton and the applicable Motion for Order
Shortening Time and Motion for Order of Inspection) and moving for another such Order for Inspection
at the close of "Trial". More discovery is need to ascertain whether, and the extent to which, opposing
counsel Baker lied. However, given the lack of attention given to the strong objection to Baker's written
assertions that Coughlin made "outright lies" in Baker's filings in this matter, one wonders whether it is
permissible to throw around allegations of "lying" at opposing counsel, even absent any proof therof or
specificity with regard to what, exactly, the allegations of "lying" relate to. Further, it is impermissible
for a J udge to bootstrap notice froma case similar to REV2011-001492 to matters within cases like REV
2011-001708, as Aiken requires strict adherence to procedural and service requirements in a Summary
Possessory Action. Some might say, its impermissible for a matter to have been a "Trial" when its
convenient to the Court and the Landlord and his attorneys, while also being a "Summary Proceeding"
when its convenient to the same. Perhaps a Court should pick one, craft an Order that is consistent
with that assignment, an avoid casting a poor reflection upon the J udiciary. Others might say, the filing
office personnel will not be able to continue to hide behind the old "the judge told me to" rationale. If
what is going on is illegal, then filing office personnel and court administrators will not have unfettered
immunity with regard to their roles in sanctioning such practices, nor whistle blowing.
It looks especially bad that the Reno J ustice Court provided me an audio cd that was missing the final
approximately 100 minutes of the "Trial" when the missing parts contained any "ruling" that J udge
Sferrazza made, that an agreement was made that I would be allowed to prepare my own order, and
that some landlord's attorneys in this town are very well known for crafting proposed orders that depart
wholeheartedly from what the J udge has spoken to in open court. To compound matters, the Reno
J ustice Court and J udge Sferrazza seem to have an established practice of, literally, "rubber stamping"
orders, even ones as important as the right to possess and or enter one's commercial law practice and
or home. While this could potentially be allowable for rather mundane matters, it is clearly
impermissible here. By "rubber stamping" I mean that these supposed "Orders" bare no signature
whatsover, but rather, a damn rubber stamp bearing the printed name of the J udge. I am not even
going to start on about any unsigned Note Reply.
Further, as I have detailed previously in my written complaints to you, the RJ C has an established and
flagrant practice of utilizing "house rules" that are neither printed, nor made available to the public for
inspection, nor found in the J CRRT, nor have they been approved, pursuant to Nevada J CRCP Rule 83
by the Nevada Supreme Court.
I look forward to receiving your written proposed response to this formal written complaint.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
NVBarNo9473
Reno,NV89501
775 338 8118
in support of appeal
LicensedinNevada
Sent: Thu 11/03/11 2:50 PM
To: Zach Coughlin (zachcoughlin@hotmail.com); kstancil@washoecounty.us;
cdbaker@richardhillaw.com; stuttle@washoecounty.us
MattMerliss,plaintiII/landlord
Case:REV2011-001708
v. RenoJusticeCourt
Case Dept:2
JudgeSIerrazza
Coughlin,Tenant/DeIendant/Counterclaimant/Appellant
STATEMENTOFFACTSANDLAWINSUPPORTOFTHEAPPEAL
SummaryoftheEvidencePresentedattheHearingin1usticeCourtand
SummaryoftheLegalIssuesPresented andWhyYouAreEntitledtoAppellateRelief:
NRS40.253(6)prevents1udgeSferrazzafromrulingonanythingotherthan
possessionin"summaryevictionproceeding",yetheorderedmetodeposit$2,275
into"court'srentescrowaccount"thencompoundthatcontraventionofNevada
law(include1CRCP83,lackof1CRLVRule44inR1C,1CRRTRule2,NRS
40.253(6),AnvuiandGlazierNevadaSupremeCourtcases,etc)byperhapstrying
torepurposeorreclassifytheillegalrentescrow orderasanappealorsupersedeas
bond,despiteanIFPhavingbeengranted.IFPshouldapplytoallcostsandfees
andbondsinthismatter,includedtranscriptcosts.RentEscrowdepositshouldbe
returned.
AllIneeddoat"trial"inthissummaryproceedignwasshowalegaldefenseundera
primafaciesummaryjudgmentstandard.Thatrequiresthe1udgetoassumeallmy
assertionsaretrue,andifassumedtrue,whethertheycouldreasonablyprovideadefense.
Clearlytheydo.Somekindofproofbeyondareasonabledoubtstandardwas
impermissiblyappliedtoeverythingIasserted.Further,Imadeavaliddemandforjury
trial,theUSSupremeCourtsaysIhavearighttoone.Iknowthe1usticeCourtsusedto
haveRule106,thatpreventedanappealfromaSummaryEviction,untilLegalAid
attorneyslikemyselfgotthatpieceofgarbagerulethrownout.
MotionIorSanctions;allpleadings,motions,exhibits,andargumentsmadeandhereinon Iilein
thisactionareincorporatedbyreIerencetothisstatementinsupportoIappeal,includingmedia
IilesemailedtoopposingcounselandtheCourtandtheJudgeinlightoItheCourt'sexpressed
inabilitytoaccept,archive,orkeepcustodyoIsuchIiles,thisisanaIIidavitaswelltothe extent
thatisrequired,NRCP11excusesanynotaryrequirement.Coughlinreservestherighttolater
amendorsupplementthisstatement.
ProSeattorneywhohasconsultedwithandperhapsemployedtertiarycocounsel,ornot,either
way,CANbeawardedattorneysIee,despitecounselBaker'samateurrecollectionwhatSellers
saysaboutprevailingpartyattorneyIeesawardsinJusticeCourt,especiallywherethesanctions
stemIromeitherNRCP11orNevadaJCRCPRule11orJCRRT33sanctionsagainstcounsel
orhisclient,inadditiontoNRS7.085.
Therearesomanyproceduraltransgressionandlegalerrorsinthiscasethatitisimpracticalto
trytodetailthemallherein,andIreservemyrighttoamendorsupplementthispleadingata
latertime.JudgeSIerrazzaruledtheOctober26th,2011courtdatea"Trial".HereIusedto
Dismissonthatdatewhenthe20daysnoticetorespondtoaComplaintbytheLandlordina
plenaryunlawIuldetainer"Trial"wasshowntobeabsent,seeJCRCP Rule99-110,especially
Rule109..JudgeSIerrazzaimpermissiblybootsrapsnotice,serviceandothermattersIrom
rev2011-001492ontorev2011-001708.
ZachCoughlinherebysubmitsthisStatementinSupportoIAppealMotionIorSanctionsbased
ontheIollowingPointsandAuthorities:
NRS118A.290HabitabilityoIdwellingunit.
1.Thelandlordshallatalltimesduringthetenancymaintainthedwellingunitinahabitable
condition.AdwellingunitisnothabitableiIitviolatesprovisionsoIhousingorhealthcodes
concerningthehealth,saIety,sanitationorIitnessIorhabitationoIthedwellingunitoriIit
substantiallylacks:
(a)EIIectivewaterprooIingandweatherprotectionoItherooIandexteriorwalls,including
windowsanddoors.
yep,complainedaboutandprovidedHDpicturesoIgnarlycrackedexposedwindowspaine
caulkedinknivesoIglassstickingoutsaIetyhazard,pointedtoRenoMunicipalCode,which
adoptstheInternationalResidentialcode,particularprovisionscitedtointherecord.
Additionally,themoldyinsulationproblemsandevidenceapplytothissection,asduethe
(b)PlumbingIacilitieswhichconIormedtoapplicablelawwheninstalledandwhichare
maintainedingoodworkingorder.
yep,urinesludgetoiletdisasterareaMerlisscouldn'tbebotheredwithapplieshere,written
evidencewasprovidedattrialandtestiomonyondirectandcross examinationputintoevidence
aswell
(c)Awatersupplyapprovedunderapplicablelaw,whichis:
(1)UnderthecontroloIthetenantorlandlordandiscapableoIproducinghotandcoldrunning
water;
(2)FurnishedtoappropriateIixtures;and
(3)Connectedtoasewagedisposalsystemapprovedunderapplicablelawandmaintainedin
goodworkingordertotheextentthatthesystemcanbecontrolledbythelandlord.
(d)AdequateheatingIacilitieswhichconIormedtoapplicablelawwheninstalledandare
(e)Electricallighting,outlets,wiringandelectricalequipmentwhichconIormedtoapplicable
lawwheninstalledandaremaintainedingoodworkingorder.
yep,providednoticeoItheelectricalissues,lackoIoutletsperwalls,Iallenoverheadceiling
lightIixture,picturesoI,etc.testimonyondirectandcrossexaminationat"trial"wasintroduced
intoevidence.
(I)AnadequatenumberoIappropriatereceptaclesIorgarbageandrubbishincleancondition
andgoodrepairatthecommencementoIthetenancy.ThelandlordshallarrangeIorthe
removaloIgarbageandrubbishIromthepremisesunlessthepartiesbywrittenagreement
provideotherwise.
GreenActionLawnServicesactionsindestroyingpropertyandleavingitstrewnaboutbring
thissectionintoplay.Mediaevidenceandtestimonyandwrittendocumentionintroducedin
evidenceattrialishereinincorporated.
(g)Building,grounds,appurtenancesandallotherareasunderthelandlord'scontrolatthetime
oIthecommencementoIthetenancyineverypartclean,sanitaryandreasonablyIreeIromall
accumulationsoIdebris,Iilth,rubbish,garbage,rodents,insectsandvermin.
yepconversiontheItdestructionoIgreenwoolencarpetIauxlawn
(h)Floors,walls,ceilings,stairwaysandrailingsmaintainedingoodrepair.
yep,complainedoIandprovidedpicturesoIIloor inIrontoIIrontdoor(rotteddeck,peeledgrip
strips),andcrumblingstairsleadingtoIrontdoorentranceadditionally,themoldyinsulationIits
withinthissection,writtennoticeMay14,2011,HDpicturesprovidedtoMerliss
(i)Ventilating,air-conditioningandotherIacilitiesandappliances,includingelevators,
maintainedingoodrepairiIsuppliedorrequiredtobesuppliedbythelandlord.
moldyinsulationmaycomeunderthissection,too,consideringtherespiratoryproblems
incidenttomoldspores
AlsowrittencomplaintoIabackdoorlockwasintroducedintoevidenceattrialandwithin
pleadingsonIile.
2.Thelandlordandtenantmayagreethatthe tenantistoperIormspeciIiedrepairs,maintenance
tasksandminorremodelingonlyiI:
(a)TheagreementoIthepartiesisenteredintoingoodIaith;and
(b)TheagreementdoesnotdiminishtheobligationsoIthelandlordtoothertenantsinthe
premises.
Yep,landlordwelchedontheagreementsthoughthenretroactivelytriedtoapplyallthese
documentationrequirementsandotherretaliatoryattemptstoweaselhiswayoutoIthedeals
pleadingsonIiletestionyattrialintroducedintoevidenceincorporatedhererin.
3.Anagreementpursuanttosubsection2isnotenteredintoingoodIaithiIthelandlordhasa
dutyundersubsection1toperIormthespeciIiedrepairs,maintenancetasksorminor
remodelingandthetenantentersintotheagreementbecausethelandlordorhisorheragenthas
reIusedtoperIormthem.
thismaybeapplicabletoo!allevidenceintroducedinpleadingsorattrialincorporatedherein,
thisincludesphotos,emails,andtestimonyat trial
(AddedtoNRSby1977,1336;A1999,1229;2007,1284)
NRS118A.510Retaliatoryconductbylandlordagainsttenantprohibited;remedies;
exceptions.
possessioniI:
withtheresponsibilityIortheenIorcementoIthatcode;
onwhetherornottheyare....voidjudgment,mayhavecontactedlegalaidattorneyaboutthe
matter
woodonbackdeck,tesimonyondirectandcrossattrial,pleadingsonIileincorporatedby
reIerenceherein.
organization;
chapterrespectingthe habitabilityoIdwellingunits;
well,thiswillbeinteresting,now,doyourecallwhetherIIiledorarguedauthoritytosupport
Check yourrecords.Yourguybothbroughtand threatenedtobringanactionagainstme,I
him...
(g)ThetenanthascomplainedingoodIaithtothelandlord,agovernmentagency,an
118.120,inclusive,ortheFairHousingActoI1968,42 U.S.C.3601etseq.,orhasotherwise
yep,IcomplainedinwritingtoMerliss,theBeverlyHillsHighSchoolNeurosurgeon
landlordabouthisdiscriminatingagainstmeIorbeingentitledandhisclearpatternandpractice
oIpreIerringdocileHispanictenantsandworkers.documentaryevidenceandtestiomony
introducedattrialandinthepleadingsonIileinthisandtheassociatedREV2011-001492are
incorporatedhereinbyreIerence.
Further,JudgeSIerrazzaclearlymadetheimpermissibleandinaccuratestatementthatthe
discriminationlaws,suchasFairHousingviolations,donotapplytomebecaueIama"white
male".Clearly,thedo,astheylawsarerequiredtobe appliedina"Iaciallyneutral"mannerby,
amongstotherauthority,theEqualProtectionClauseoItheFourteenthAmendmenttothe
UnitedStatesConsitution.
Iorpossession.
CaseyBakerandclient'sactionlackabasisinIactorlaw.NoServiceoIanyallegedOrderor
LockoutOrder,illegallockout.24hoursmaymean"judicialhours",howevernoserviceoIany
LockoutOrdercouldhaveoccurediInopersonalserviceandtimeIormailingallowableis
considered.
FurtherlanlordcommittedinteruptionoIessentialservicesandillegallockoutNRS118a.390.
testimonyanddocumentaryevidenceintroducedattrialandpleadingsonIileherein
incorporated.
Iwantallstaturoydamagesandpenaltiesallowedawaredtome.Mymountainbikewasstolen
rightaboutthetimelandlordMerlisshadNVEneregytrespassonmypropertyanddoan
unnoticeshutoIIoIelectricity.AlltheIoodinmyreIridgeratorwentbad,andotherdamages
wereincurred.NVEnergyassertedprivityoIcontractwherethearenot allowedto,whilebeing
amonopolysupplyinganessentialService. www.ShameOnNVEnergy.com
Ideclareunderpenaltyofperjury underthelawsoftheStateofNevadathattheforegoing
istrueandcorrect.
DatedNovember2,2011
/s/zachcoughlin
ZachCoughlin,Esq.,Tenant/Appellant
121RiverRockSt.
Reno,NV89501
7753388118
ZachCoughlinhotmail.com
Pleasedonotcallme,orattempt"houserules"phonenotice,phonesituationisinfluxduetoCaseyBaker,Esq.'s
antics.Thecourtmayemailme,CaseyBaker,Esq.maynotservemeanythingviaemail.
LicensedinNevada
in support of appeal
Sent: Thu 11/03/11 2:50 PM
To: Zach Coughlin (zachcoughlin@hotmail.com); kstancil@washoecounty.us;
cdbaker@richardhillaw.com; stuttle@washoecounty.us
MattMerliss,plaintiII/landlord
Case:REV2011-001708
v. RenoJusticeCourt
Case Dept:2
JudgeSIerrazza
Coughlin,Tenant/DeIendant/Counterclaimant/Appellant
STATEMENTOFFACTSANDLAWINSUPPORTOFTHEAPPEAL
SummaryoftheEvidencePresentedattheHearingin1usticeCourtand
SummaryoftheLegalIssuesPresentedandWhyYouAreEntitledtoAppellateRelief:
NRS40.253(6)prevents1udgeSferrazzafromrulingonanythingotherthan
possessionin"summaryevictionproceeding",yetheorderedmetodeposit$2,275
into"court'srentescrowaccount"thencompoundthatcontraventionofNevada
law(include1CRCP83,lackof1CRLVRule44inR1C,1CRRTRule2,NRS
40.253(6),AnvuiandGlazierNevadaSupremeCourtcases,etc)byperhapstrying
torepurposeorreclassifytheillegalrentescrow orderasanappealorsupersedeas
bond,despiteanIFPhavingbeengranted.IFPshouldapplytoallcostsandfees
andbondsinthismatter,includedtranscriptcosts.RentEscrowdepositshould
bereturned.
AllIneeddoat"trial"inthissummaryproceedignwasshowalegaldefenseundera
primafaciesummaryjudgmentstandard.Thatrequiresthe1udgetoassumeallmy
assertionsaretrue,andifassumedtrue,whethertheycouldreasonablyprovidea
defense. Clearlytheydo.Somekindofproofbeyondareasonabledoubtstandardwas
impermissiblyappliedtoeverythingIasserted.Further,Imadeavaliddemandforjury
trial,theUSSupremeCourtsaysIhavearighttoone.Iknowthe1usticeCourtsusedto
haveRule106,thatpreventedanappealfromaSummaryEviction,untilLegalAid
attorneyslikemyselfgotthatpieceofgarbagerulethrownout.
MotionIorSanctions;allpleadings,motions,exhibits,andargumentsmadeandhereinon Iilein
thisactionareincorporatedbyreIerencetothisstatementinsupportoIappeal,includingmedia
IilesemailedtoopposingcounselandtheCourtandtheJudgeinlightoItheCourt'sexpressed
inabilitytoaccept,archive,orkeepcustodyoIsuchIiles,thisisanaIIidavitaswelltothe extent
thatisrequired,NRCP11excusesanynotaryrequirement.Coughlinreservestherighttolater
amendorsupplementthisstatement.
ProSeattorneywhohasconsultedwithandperhapsemployedtertiarycocounsel,ornot,either
way,CANbeawardedattorneysIee,despitecounselBaker'samateurrecollectionwhatSellers
saysaboutprevailingpartyattorneyIeesawardsinJusticeCourt,especiallywherethesanctions
stemIromeitherNRCP11orNevadaJCRCPRule11orJCRRT33sanctionsagainstcounsel
orhisclient,inadditiontoNRS7.085.
Therearesomanyproceduraltransgressionandlegalerrorsinthiscasethatitisimpracticalto
trytodetailthemallherein,andIreservemyrighttoamendorsupplementthispleadingata
latertime.JudgeSIerrazzaruledtheOctober26th,2011courtdatea"Trial".HereIusedto
Dismissonthatdatewhenthe20daysnoticetorespondtoaComplaintbytheLandlordina
plenaryunlawIuldetainer"Trial"wasshowntobeabsent,seeJCRCPRule99-110,especially
Rule109..JudgeSIerrazzaimpermissiblybootsrapsnotice,serviceandothermattersIrom
rev2011-001492ontorev2011-001708.
ZachCoughlinherebysubmitsthisStatementinSupportoIAppealMotionIorSanctionsbased
ontheIollowingPointsandAuthorities:
NRS118A.290HabitabilityoIdwellingunit.
1.Thelandlordshallatalltimesduringthetenancymaintainthedwellingunitinahabitable
condition.AdwellingunitisnothabitableiIitviolatesprovisionsoIhousingorhealthcodes
concerningthehealth,saIety,sanitationorIitnessIorhabitationoIthedwellingunitoriIit
substantiallylacks:
(a)EIIectivewaterprooIingandweatherprotectionoItherooIandexteriorwalls,including
windowsanddoors.
yep,complainedaboutandprovidedHDpicturesoIgnarlycrackedexposedwindowspaine
caulkedinknivesoIglassstickingoutsaIetyhazard,pointedtoRenoMunicipalCode,which
adoptstheInternationalResidentialcode,particularprovisionscitedtointherecord.
Additionally,themoldyinsulationproblemsandevidenceapplytothissection,asduethe
(b)PlumbingIacilitieswhichconIormedtoapplicablelawwheninstalledandwhichare
yep,urinesludgetoiletdisasterareaMerlisscouldn'tbebotheredwithapplieshere,written
evidencewasprovidedattrialandtestiomonyondirectandcross examinationputintoevidence
aswell
(c)Awatersupplyapprovedunderapplicablelaw,whichis:
(1)UnderthecontroloIthetenantorlandlordandiscapableoIproducinghotandcoldrunning
water;
(2)FurnishedtoappropriateIixtures;and
(3)Connectedtoasewagedisposalsystemapprovedunderapplicablelawandmaintainedin
goodworkingordertotheextentthatthesystemcanbecontrolledbythelandlord.
(d)AdequateheatingIacilitieswhichconIormedtoapplicablelawwheninstalledandare
(e)Electricallighting,outlets,wiringandelectricalequipmentwhichconIormedtoapplicable
lawwheninstalledandaremaintainedingoodworkingorder.
yep,providednoticeoItheelectricalissues,lackoIoutletsperwalls,Iallenoverheadceiling
lightIixture,picturesoI,etc.testimonyondirectandcrossexaminationat"trial"wasintroduced
intoevidence.
(I)AnadequatenumberoIappropriatereceptaclesIorgarbageandrubbishincleancondition
andgoodrepairatthecommencementoIthetenancy.ThelandlordshallarrangeIorthe
removaloIgarbageandrubbishIromthepremisesunlessthepartiesbywrittenagreement
provideotherwise.
(g)Building,grounds,appurtenancesandallotherareasunderthelandlord'scontrolatthetime
oIthecommencementoIthetenancyineverypartclean,sanitaryandreasonablyIreeIromall
accumulationsoIdebris,Iilth,rubbish,garbage,rodents,insectsandvermin.
yepconversiontheItdestructionoIgreenwoolencarpetIauxlawn
(h)Floors,walls,ceilings,stairwaysandrailingsmaintainedingoodrepair.
yep,complainedoIandprovidedpicturesoIIloor inIrontoIIrontdoor(rotteddeck,peeledgrip
strips),andcrumblingstairsleadingtoIrontdoorentranceadditionally,themoldyinsulationIits
withinthissection,writtennoticeMay14,2011,HDpicturesprovidedtoMerliss
(i)Ventilating,air-conditioningandotherIacilitiesandappliances,includingelevators,
maintainedingoodrepairiIsuppliedorrequiredtobesuppliedbythelandlord.
moldyinsulationmaycomeunderthissection,too,consideringtherespiratoryproblems
incidenttomoldspores
AlsowrittencomplaintoIabackdoorlockwasintroducedintoevidenceattrialandwithin
pleadingsonIile.
2.Thelandlordandtenantmayagreethatthe tenantistoperIormspeciIiedrepairs,maintenance
tasksandminorremodelingonlyiI:
(a)TheagreementoIthepartiesisenteredintoingoodIaith;and
(b)TheagreementdoesnotdiminishtheobligationsoIthelandlordtoothertenantsinthe
premises.
Yep,landlordwelchedontheagreementsthoughthenretroactivelytriedtoapplyallthese
documentationrequirementsandotherretaliatoryattemptstoweaselhiswayoutoIthedeals
pleadingsonIiletestionyattrialintroducedintoevidenceincorporatedhererin.
3.Anagreementpursuanttosubsection2isnotenteredintoingoodIaithiIthelandlordhasa
dutyundersubsection1toperIormthespeciIiedrepairs,maintenancetasksorminor
remodelingandthetenantentersintotheagreementbecausethelandlordorhisorheragenthas
reIusedtoperIormthem.
thismaybeapplicabletoo!allevidenceintroducedinpleadingsorattrialincorporatedherein,
thisincludesphotos,emails,andtestimonyattrial
(AddedtoNRSby1977,1336;A1999,1229;2007,1284)
NRS118A.510Retaliatoryconductbylandlordagainsttenantprohibited;remedies;
exceptions.
possessioniI:
withtheresponsibilityIortheenIorcementoIthat code;
onwhetherornottheyare....voidjudgment,mayhavecontactedlegalaidattorneyaboutthe
matter
woodonbackdeck,tesimonyondirectandcrossattrial,pleadingsonIileincorporatedby
reIerenceherein.
organization;
chapterrespectingthe habitabilityoIdwellingunits;
well,thiswillbeinteresting,now,doyourecallwhetherIIiledorarguedauthoritytosupport
Checkyourrecords.Yourguybothbroughtandthreatenedtobringanactionagainstme,I
him...
(g)ThetenanthascomplainedingoodIaithtothelandlord, agovernmentagency,an
118.120,inclusive,ortheFairHousingActoI1968,42 U.S.C.3601etseq.,orhasotherwise
yep,IcomplainedinwritingtoMerliss,theBeverlyHillsHighSchoolNeurosurgeon
landlordabouthisdiscriminatingagainstmeIorbeingentitledandhisclearpatternandpractice
oIpreIerringdocileHispanictenantsandworkers.documentaryevidenceandtestiomony
introducedattrialandinthepleadingsonIileinthisandtheassociatedREV2011-001492are
incorporatedhereinbyreIerence.
Further,JudgeSIerrazzaclearlymadetheimpermissibleandinaccuratestatementthatthe
discriminationlaws,suchasFairHousingviolations,donotapplytomebecaueIama"white
male".Clearly,thedo,astheylawsarerequiredtobe appliedina"Iaciallyneutral"mannerby,
amongstotherauthority,theEqualProtectionClauseoItheFourteenthAmendmenttothe
UnitedStatesConsitution.
Iorpossession.
CaseyBakerandclient'sactionlackabasisinIactorlaw.NoServiceoIanyallegedOrderor
LockoutOrder,illegallockout.24hoursmaymean"judicialhours",howevernoserviceoIany
LockoutOrdercouldhaveoccurediInopersonalserviceandtimeIormailingallowableis
considered.
FurtherlanlordcommittedinteruptionoIessentialservicesandillegallockoutNRS118a.390.
testimonyanddocumentaryevidenceintroducedattrialandpleadingsonIileherein
incorporated.
Iwantallstaturoydamagesandpenaltiesallowedawaredtome.Mymountainbikewasstolen
rightaboutthetimelandlordMerlisshadNVEneregytrespassonmypropertyanddoan
unnoticeshutoIIoIelectricity.AlltheIoodinmyreIridgeratorwentbad,andotherdamages
wereincurred.NVEnergyassertedprivityoIcontractwherethearenot allowedto,whilebeing
motion to rescind eviction order, you should file
amonopolysupplyinganessentialService. www.ShameOnNVEnergy.com
Ideclareunderpenaltyofperjury underthelawsoftheStateofNevadathattheforegoing
istrueandcorrect.
DatedNovember2,2011
/s/zachcoughlin
ZachCoughlin,Esq.,Tenant/Appellant
121RiverRockSt.
Reno,NV89501
7753388118
ZachCoughlinhotmail.com
Pleasedonotcallme,orattempt"houserules"phonenotice,phonesituationisinfluxduetoCaseyBaker,Esq.'s
antics.Thecourtmayemailme,CaseyBaker,Esq.maynotservemeanythingviaemail.
LicensedinNevada
Sent: Thu 11/03/11 3:03 PM
IsuggestyouIileMotiontoRescindEvictionOrder.Youhave
committedProIessionalMisconduct.Further,youhaveadutyto
inIormyourclientoItheperilsoIbothyourandhisconductinthis
matter,theliklihoodoIbeingoverturnedonappeal,andtoholistically
RE: letter regarding supervision of court personnel
assesshowworthwhileitistospendthismuchonattorney'sIeesIor
purposeoIachievingtheclientsgoal.Further,youhaveIailedto
respondtomyrequestsaskingyoutoveriIyinwritingiIyouhave
notiIied,inwriting,andcopied,inwriting,yourclientonanyandall
SettlementProposalsandorOIIersoIJudgmentIhavesentyourelated
toeitheroIthecasesinvolvedinyourrepresentationoIthismatter.
Further,youhaveadutytoappropriatelyserveorallowtimeIormailinganylockoutorder.
http://www.nevadajudiciary.us/index.php/viewdocumentsandIorms/Iunc-
startdown/5165/
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
From: Sferrazza, Pete (psferrazza@washoecounty.us)
Sent: Thu 11/03/11 3:05 PM
To: zachcoughlin@hotmail.com; Tuttle, Steve (stuttle@washoecounty.us); Stancil, Karen
(KStancil@washoecounty.us); cdbaker@richardhillaw.com
Cc: Reno J ustice Court J udges (rjcjudges@washoecounty.us)
Dear Mr. Coughlin:
I've instructed staff to set all your motions for argument on Monday. I will tell you motions made
and denied can not be made again under our rules. Therefore the Motion to Stay is denied.
However I agree that your arguments about the courts considering matters beyond the scope of
a Summary Eviction Proceeding under NRS 40.253(6) appears to have merit and I will consider that
as well as the release of the $2275.
As for the order you didn't submit a proposed order within the time set by the court.
Sincerely,
Peter Sferrazza
To: Tuttle, Steve; Stancil, Karen; Sferrazza, Pete; cdbaker@richardhillaw.com
Subject: RE: letter regarding supervision of court personnel
To Whom it May Concern,
I am writing to formally complain with regard to the fact that I requested, in writing a copy of the audio
CD from the October 26, 2011 Summary Eviction "Trial" (it was noticed in writing as a "Trial", however,
it lacks the plenary protections (to wit: no 20 day notice, ability to assert counterclaims, interplead or
add necessary third parties) of a full scale unlawful detainer "Trial", however, it still managed to exceed
the express scope of a Summary Eviction Proceeding under NRS 40.253(6) in that matters beyond
possession were ruled upon, despite J udge Sferrazza and opposing counsel acknowledging their
awareness of Anvui and Galzer and NRS 40.253(6), and the lack of a corollary to J CRLV Rule 44 in Reno
J ustice Court. If opposing counsel Baker crafted a proposed Order, and god forbid, got it signed or
"rubber stamp" by a member of the J udiciary, that purports to further hijack the $2,275 that J udge
Sferrazza ordered into the Court's rent escrow account, especially where J udge Sferrazza made not such
oral declaration on October 26th, 2011 after he took the time to read my Motion for Summary J udgment
on his lunch hour and recognize the lack of a corollary to J CRLV 44 in Reno J ustice Court, then opposing
counsel Baker is guilty of professional misconduct, in my opinion. Essentially, I was evicted without due
process and $2,275 was hijacked from me by your court. I am not writing merely because I am upset.
I am writing because I have clients who depend on me, and the exigencies of such circumstances
dictate that I do, and if I am locked out from my law office and client files, terrible things may happen to
these client's legal interests. I fail to see where the Beverly Hills High School graduate Neurosurgeon
has any such exigencies in connection with this matter. I have clients who are facing Trustee Sale's that
seek to take away the only home and home loan they will ever get. I have client's who are seeking to
prevent the Court's from taking away their children. I have client's who have had frauds perpetrated
upon them that make me want to puke, literally.
I give you my solemn vow that this will be appealed to District Court, then the Nevada Supreme Court,
and failing that, a Mandamus Action will be filed. A review of my rap sheet will show that I can, will,
and certainly have filed a Mandamus action against a J udge or Court previously. Only, the next time,
being told "no" by the initial three judge panel will be met with a request for reconsideration by the
entire Court.
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=22746
No Order should issue from case REV2011-001708 in light of the RJ C failure to provide a FULL copy to
the counsel upon an appropriately made and timely request for one. To the extent any such Order has
issued, the Court ought invoke the privilege it has under J CRCP 59 to move, sua sponte, to set aside or
vacate its own Order within 10 days of entering it. No Order should be "rubber stamped" upon
opposing counsel presenting a proposed Order that completely and utterly molests, defiles, and
disfigures any oral ruling made by J udge Sferrazza on October 26, 2011. Further, I am herein again
officially complaining of the RJ C's practice of faxing or providing via electronic means to Kentucky Fried
Lawyering afficionado Casey Baker, Esq. or Richard Hill, Esq. anything they request, via fax, or other
means that is reduced to 1 and 0's for the purposed of electronic transmission, while the RJ C refuses the
same courtesy to me. This inequity is similar to a J udge insisting, in open court, that any motion I make
be a 10 day noticed motion, whereas Mr. Baker can apparently move for an Order requiring inspection
of a law office, with videographer in tow, after, perhaps, lying about whether personal service had been
made (see the Order signed by J ustice of the Peace Clifton and the applicable Motion for Order
Shortening Time and Motion for Order of Inspection) and moving for another such Order for Inspection
at the close of "Trial". More discovery is need to ascertain whether, and the extent to which, opposing
counsel Baker lied. However, given the lack of attention given to the strong objection to Baker's written
assertions that Coughlin made "outright lies" in Baker's filings in this matter, one wonders whether it is
permissible to throw around allegations of "lying" at opposing counsel, even absent any proof therof or
specificity with regard to what, exactly, the allegations of "lying" relate to. Further, it is impermissible
for a J udge to bootstrap notice froma case similar to REV2011-001492 to matters within cases
like REV2011-001708, as Aiken requires strict adherence to procedural and service requirements in a
Summary Possessory Action. Some might say, its impermissible for a matter to have been a "Trial"
when its convenient to the Court and the Landlord and his attorneys, while also being a "Summary
Proceeding" when its convenient to the same. Perhaps a Court should pick one, craft an Order that is
consistent with that assignment, an avoid casting a poor reflection upon the J udiciary. Others might
say, the filing office personnel will not be able to continue to hide behind the old "the judge told me to"
rationale. If what is going on is illegal, then filing office personnel and court administrators will not have
unfettered immunity with regard to their roles in sanctioning such practices, nor whistle blowing.
It looks especially bad that the Reno J ustice Court provided me an audio cd that was missing the final
approximately 100 minutes of the "Trial" when the missing parts contained any "ruling" that J udge
Sferrazza made, that an agreement was made that I would be allowed to prepare my own order, and
that some landlord's attorneys in this town are very well known for crafting proposed orders that depart
wholeheartedly from what the J udge has spoken to in open court. To compound matters, the Reno
J ustice Court and J udge Sferrazza seem to have an established practice of, literally, "rubber stamping"
orders, even ones as important as the right to possess and or enter one's commercial law practice and
or home. While this could potentially be allowable for rather mundane matters, it is clearly
impermissible here. By "rubber stamping" I mean that these supposed "Orders" bare no signature
whatsover, but rather, a damn rubber stamp bearing the printed name of the J udge. I am not even
going to start on about any unsigned Note Reply.
Further, as I have detailed previously in my written complaints to you, the RJ C has an established and
flagrant practice of utilizing "house rules" that are neither printed, nor made available to the public for
request for 30 days additional to stay in possession
disability
inspection, nor found in the J CRRT, nor have they been approved, pursuant to Nevada J CRCP Rule 83
by the Nevada Supreme Court.
I look forward to receiving your written proposed response to this formal written complaint.
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
NVBarNo9473
Reno,NV89501
7753388118
LicensedinNevada
Sent: Thu 11/03/11 4:34 PM
Dear Mr. Baker,
thanks,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Sent: Wed 11/02/11 12:45 AM
HiGuys,
neurosurgeonIromBeverlyHills,waslessthantruthIulonthestandthe
conductaninspectionpriortoprovidingwrittennoticeoIthatintent
andorwrittennoticeoIanyorderallowingsuchaninspection(and,
11/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidse808I5b8-d25d-403c...
Sincerely,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
Sent: Wed 11/02/11 1:21 AM
Merliss,landlord
v.
Coughlin,Tenant
REV2011-001708
1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A
dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health,
doors.
knives of glass
good working order.
good working order.
pictures of, etc.
mold spores
(Added to NRS by 1977, 1336; A 1999, 1229; 2007, 1284)
1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a
tenancy, refuse to renew a tenancy, increase rent or decrease essential services required by the rental
agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code
applicable to the premises and affecting health or safety to a governmental agency charged with the
responsibility for the enforcement of that code;
complained of "noxious weed ordinance" and indicated that tenants seems to remember calling Reno
Direct about it....prima facie showing, must assume assertions to be true, not make ruling on whether or
not they are....void judgment
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a
violation of this chapter or of a specific statute that imposes a criminal penalty;
yep, lots of violations evinced in email correspondences to landlord, toilet, window, stairs, deck floor,
back stairs, patio floor in back, ceiling light, disposal, moldy insulation, broken slat of wood on back deck
(c) The tenant has organized or become a member of a tenants union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or
arbitration in which the tenant raised an issue of compliance with the requirements of this chapter
respecting the habitability of dwelling units;
well, this will be interesting, now, do you recall whether I filed or argued authority to support the
contention that "instituted" and or "arbitrated" fit nicely with the facts in the present case? Check your
records. Your guy both brought and threatened to bring an action against me, I defended against that
threat and instituted my own by sending a litigation demand letter to him...
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord,
after the tenant enters into the rental agreement, which requires the landlord to wait until the
appropriate time has elapsed before it is enforceable against the tenant; or
I refused to consent to a unilateral changed in the 48 hours written notice requirement prior to
inspection sought by Merliss.
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a
fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive,
or the Fair Housing Act of 1968, 42 U.S.C. 3601 et seq., or has otherwise exercised rights which are
guaranteed or protected under those laws.
yep, I complained in writing to your guy about his discriminating against me for being entitled and his
clear pattern and practice of preferring docile Hispanic tenants and workers
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies
provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
Your action lack a basis in fact or law. This writing is a filing ready motion pursuant to the 21 day safe
Rich billing for reviewing "huge" stack of emails but
failing to reflect rent deductions in late itemizing
harbor provisions of NRCP 11. Please cure your transgressions and retract and committed or
contemplated lock out or attempts to arrange for an eviction Order to be entered.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
** Notice** ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacy
Sent: Fri 11/11/11 12:49 AM
To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com (rhill@richardhillaw.com)
Hi Guys,
I have been having some technical difficulties, 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 efiler 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 bang up milking job
on thos headstrong rich client of yours...smell the flowers a little. For instance, you don't want to do an
Should i continue copying your associate
FILING READY SANCTION MOTION ATTACHED;
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 stuff,
and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates justice court matters
into 3 types, and 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 substances
manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJ C 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 film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some
response from you guys about accesing my important files 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 office, it was hard to hear through all
the cooing. Anyways, I aren't that smart, but dontcha have to like store my possessions after movin'
them somewhere safe, the make a reasonably diligent attempt 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 lil research projects, but I am busy fleshing out some motion work right now, so
maybe you get on that and let me know when and where I can get my things and valuable client files,
hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you
and Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets
dirty doing the gutters, but you guys have a nice lil batman robin thing going and it would be a shame
to see it end, so let's just try and make this work.
Sent: Sat 11/12/11 11:34 PM
To: cdbaker@richardhillaw.com (cdbaker@richardhillaw.com); rhill@richardhillaw.com
(rhill@richardhillaw.com)
On correspondence 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 atty, 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 little involved...
Sent: Wed 11/16/11 5:20 PM
Dear Richard and Casey,
This is not a joke. I have written and called and made requests for a time and place to get my property. It
seems that you are perhaps trying to run up some impermissible "storage fees". 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 stuff. Please do not destroy or fail to account
for any returned to sender or otherwise "undeliverable" messages you may have received for any emails
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. Hill, 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 electronically,
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.
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, the legal basis for such a demand, and all other pertinent
information in that regard. Further,
Sincerely,
Zach Coughlin
Reasonable storage etc
11/12/11
To cdbaker@richardhillaw.com, cdbaker@richardhillaw.com
Hi Dick and Casey, I wish you guys would respond to my attempts to get my stuff...i imagine you have
done an illegal lockout at this point probably tryn' get atty fees even though this was not a civil action
under NRS 69.030 see J CRCP R 3 for bthe 3 distinct types of cases in 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 landlords duty re personal property. But first you
guys have to respond to my requests to at least let me get the really urgent property much less all of it.
I mean, dont you want to rent the place out should a duty to mitigate be applied towards your client? Of
course should the stay be granted, i would need you to get everything ready for me quickly so my high
stakes law practice doesnt incur even more consequential damages...matsoyacick for your mitig
duty...lease provide me written notice of when you agree to quit illegally holding my personalty if that
what you are up to now....you now landlord 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?"
Further, the undersigned sent a written correspondence to Baker and Hill on approximately November
12th wherein a "litigation hold noticed" was placed upon Baker and Hill respecting whether any such
emails Hill allegedly sent the undersigned were returned to Hill as undeliverable. Regardless, the
undersigned can attest that no emails such as those reference by Casey Baker were received from
Richard Hill as of November 12th, 2011. Hill and Baker have been negligent in allowing an attorney
access to important client files, and further have potentially broken the law with regard to making
written statements that they were billing the full $900 rental value of the property to the undersigned,
even after any eviction they sought to enforce, perhpas even through an illegal lockout, depending upon
the interpreation of the term "receipt" of any such lockout order within "24 hours"...whether that
is "judicial hours" or not is debatable.
Merliss v Coughlin rev 2011 -001708
CHAPTER 69 - COSTS
NRS 69.010 Security for costs.
NRS 69.020 Prevailing party entitled to costs.
NRS 69.030 Prevailing party allowed attorneys fee to be taxed as costs in justice
court.NRS 69.040 Costs must be included in judgment; cost bill; motion to retax
costs.
NRS 69.050 Award of costs to prevailing party by district court on appeal from
justice court.
_________
1. The justice may in all cases require a deposit of money to cover costs of court before
issuing the summons.
2. When the plaintiff in an action is a nonresident of the State of Nevada, or a foreign
corporation, upon motion of the opposite party at any time before final judgment such
nonresident shall be required to give security for all costs and charges that may be awarded
against the nonresident plaintiff. When such security shall be required from a nonresident
plaintiff all proceedings in the action shall be stayed until an undertaking executed by two
or more persons and approved by the justice shall be filed with the justice to the effect that
they will pay such costs and charges as may be awarded against such nonresident plaintiff
by judgment or during the progress of the action. The undertaking shall be in a sumnot less
than $100, or in lieu of the undertaking the nonresident plaintiff may deposit $100 in lawful
money with the justice, which shall be held subject to the conditions mentioned in this
section for the undertaking. When such security shall be ordered from a nonresident
plaintiff, it shall be furnished within 30 days from notice of the order, or upon failure to
furnish such security, judgment shall be entered for the defendant.
3. A new or additional undertaking or deposit of cash may be ordered by the justice at
any time upon proof that the original undertaking or deposit is insufficient and proceedings
stayed for a nonresident plaintiff until the same be furnished or judgment entered. After the
lapse of 30 days from notice to a nonresident plaintiff that security has been ordered as
required by this subsection and upon proof that no such undertaking or deposit of cash has
been made, the justice shall enter judgment against such plaintiff.
[1911 CPA 870; A 1917, 424; NCL 9359]
NRS 69.020 Prevailing party entitled to costs. The prevailing party in justice courts is
entitled to costs of the action, and also of any proceedings taken in aid of an execution
issued upon any judgment recovered therein.
[1911 CPA 871; RL 5813; NCL 9360]
NRS 69.030 Prevailing party allowed attorneys fee to be taxed as costs in justice court.
The prevailing party in any civil action at lawin the justice courts of this State shall
receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee.
The attorney fee shall be fixed by the justice and taxed as costs against the losing party.
[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL 9361]
NRS 69.040 Costs must be included in judgment; cost bill; motion to retax costs.
1. The justice must tax and include in the judgment the costs allowed by law to the
prevailing party.
2. The party in whose favor judgment is rendered and who claims costs must deliver to
the justice, and serve a copy upon the adverse party, within 2 days after the verdict or
notice of the decision of the justice, or such further time as may be granted, a
memorandum of the items of the costs and necessary disbursements in the action, which
memorandum must be verified by the oath of the party or the partys attorney or agent or
by the clerk of the partys attorney, stating that to the best of his or her knowledge and
belief the items are correct and that the disbursements have been necessarily incurred in
the action. The party in whose favor judgment is rendered shall be entitled to recover the
witness fees, although at the time the party may not have actually paid them.
3. Issuance or service of subpoena shall not be necessary to entitle the prevailing party
to tax as costs witness fees and mileage, providing that such witnesses be sworn and
testify in the cause.
4. It shall not be necessary to embody in the memorandum the fees of the justice, but
the justice shall add the same according to the fees of the justice fixed by statute.
5. Within 2 days after service of a copy of the memorandum, the adverse party may
move the court, upon 2 days notice to retax and settle the costs, a copy of which notice of
motion shall be filed and served upon the prevailing party claiming costs, and thereupon
the justice shall settle the costs.
6. If the judgment is entered by default it shall not be necessary to make service of a
copy of the cost bill.
[1911 CPA 836; A 1913, 364; 1925, 15; NCL 9325]
NRS 69.050 Award of costs to prevailing party by district court on appeal from justice
court. In the event of an appeal, the district court is authorized to award to the prevailing
party all costs of court as now allowed by law incurred by such party, and also a reasonable
attorney fee to be fixed and allowed by the district court for all services rendered in behalf
of the prevailing party.
[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL 9361]
West's Nevada Revised Statutes Annotated Currentness
J ustice Court Rules of Civil Procedure
I Introduction--Scope of Rules--Three Forms of Action
RULE 2. THREE FORMS OF ACTIONS
Motion to Vacate Summary Eviction Order; Motion to Vacate Award of Fees and Costs; Motion to Vacate
Order for Inspection;
(e) Motion to Alter or Amend a J udgment.
VII J udgment
RULE 59. NEW TRIALS; AMENDMENT OF J UDGMENTS
(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the
issues for any of the following causes or grounds materially affecting the substantial rights
of an aggrieved party: (1) Irregularity in the proceedings of the court, jury, master, or
adverse party, or any order of the court, or master, or abuse of discretion by which either
party was prevented from having a fair trial; (2) Misconduct of the jury or prevailing party;
(3) Accident or surprise which ordinary prudence could not have guarded against; (4)
Newly discovered evidence material for the party making the motion which the party could
not, with reasonable diligence, have discovered and produced at the trial; (5) Manifest
disregard by the jury of the instructions of the 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 tried without a jury, the court may open the judgment if one has been entered,
take additional testimony, amend findings of fact and conclusions of law or make new
findings and conclusions, and direct the entry of a new judgment.
(b) Time for Motion. A motion for a new trial shall be filed no later than 10 days after
service of written notice of the entry of the judgment.
(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they
shall be filed with the motion. The opposing party has 10 days after service within which to
file opposing affidavits, which period may be extended for an additional period not
exceeding 20 days either by the court for good cause shown or by the parties by written
stipulation. The court may permit reply affidavits.
(d) On Court's Initiative; Notice; Specifying Grounds. No later than 10 days after entry of
judgment the court, on its own, may order a new trial for any reason that would justify
granting one on a party's motion. After giving the parties notice and an opportunity to be
heard, the court may grant a timely motion for a new trial for a reason not stated in the
motion. When granting a new trial on its own initiative or for a reason not stated in a
motion, the court shall specify the grounds in its order.
(e) Motion to Alter or Amend a J udgment. A motion to alter or amend the judgment shall be
filed no later than 10 days after service of written notice of entry of the judgment.
CREDI T(S)
As amended, eff. J uly 1, 2005.
<ADOPTED
BY THE
SUPREME COURT OF NEVADA>
ADVISORY COMMITTEE'S NOTE.
The 1965 amendment to J CRCP 59(a) deleted ground (7) (insufficiency of the evidence to
justify the verdict or other decision, or that it is against law.). See concurring opinion of
Thompson, J ., in City of Reno v. Van Ermen, 79 Nev. 369, 385 P.2d 345 (1963).
J ustice Court Civil Procedure RULE 59, NV ST J CTS RCP RULE
There shall be three forms of action in justice courts to be known as civil actions, small
claims actions and summary eviction actions. Rules 3 through 87 govern civil actions.
Rules governing small claims actions begin with Rule 88 and end with Rule 100. Rules
governing summary evictions commence with Rule 101.
) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of
the court, or master, or abuse of discretion by which either party was prevented from
having a fair trial;
clearly, the court's confiscating tenants bank account, practically in its entirety for about
one month qualifies, particuularly where the BENCH BOOK and nevada law forbids doing
such. further, an unnoticed Order For Insepction at the close of trial and the impermissible
admitting written settlement negotiations in to the record calls for a new trial and vacating
the judgment. all this was objected to on the record.
2) Misconduct of the jury or prevailing party;
The argument made in previous filings are hereby incorporated by reference; evidnet impartiality.
(3) Accident or surprise which ordinary prudence could not have guarded against;
illegal lockout and problems incident thereto cover an untimeliness of an opposition to the motion for
fees and costs.
(4) Newly discovered evidence material for the party making the motion which the party could not, with
reasonable diligence, have discovered and produced at the trial;
(5) Manifest disregard by the jury of the instructions of the 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 tried without a jury, the court may open the judgment if one has
been entered, take additional testimony, amend findings of fact and conclusions of law or make new
Many errors in law in the Order, particularly J udge Sferrazza saying a white male cannot be
discriminated against in open court. Further the unduly burdensome nature of J udge Sferrazza,
essentially, converting 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 "Trial" and the judgment to be vacated in
toto.
J ustice Court Rules of Civil Procedure RULE 2
governing summary evictions commence with Rule 101. Aftercare of Clark County v. J ustice of
Las Vegas Tp. ex rel. County of Clark, 82 P.3d 931, 936, 120 Nev. 1, 9 (Nev. J an 23, 2004) (NO. 38625,
38626)
Clearly, this was a Summary Eviction Proceeding later converted to a Summary Eviction Trial, regardless,
it was not a "Civil Action" as defined under J CRRP 2, an as such NRS 69.030 in inapplicable and the
attorney's fees and costs should be vacated or stricken. As to the costs, the issues is law of the case or
res judiciata (as is the matter of any superseadeas appeal bond being, if any, only $2275, that is if the
IFP does not cover such a bond, will arguably, it does....)
A party who prevails on a summary- eviction claim is not entitled to an
award of attorney'sfees where there is neither contractual nor statutory
authority for an award.[ FN2] A prevailing party may be awarded attorney's fees
pursuant to a lease provision.[ FN3] However, it has been held that a trial court's
statutory authority to award attorney's fees incurred by a lessor in a successful
forcible-detainer action could not be expanded by the lease where the statute did not
authorize attorney's fee awards.[ FN4]
[FN1] Keal v. Day, 164 Ohio App. 3d 21, 2005-Ohio-5551, 840 N.E.2d 1139 (1st
Dist. Hamilton County 2005).
-
[FN2] Hamilton v. William Calomiris Inv. Corp., Inc., 461 A.2d 466 (D.C. 1983);
Satellite Gateway Communications, Inc. v. Musi Dining Car Co., Inc., 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); City of Gahanna v. Eastgate Properties,
Inc., 36 Ohio St. 3d 65, 521 N.E.2d 814 (1988).
-
[FN3] Tufco, Inc. v. Pacific Environmental Corp., 113 P.3d 668 (Alaska 2005);
North Associates v. Bell, 184 Cal. App. 3d 860, 229 Cal. Rptr. 305 (1st Dist.
1986); Integra Financial, Inc. v. Grynberg Petroleum Co., 74 P.3d 347 (Colo. Ct.
App. 2002) (recognizing the rule); Hardwick, Cook & Co. v. 3379 Peachtree, Ltd.,
184 Ga. App. 822, 363 S.E.2d 31 (1987); Shipka v. Inserra, 211 Ill. App. 3d 735,
156 Ill. Dec. 128, 570 N.E.2d 604 (1st Dist. 1991); Borne v. Wilander, 509 So. 2d
572 (La. Ct. App. 3d Cir. 1987); Bay Park One Co. v. Crosby, 109 Misc. 2d 47,
442 N.Y.S.2d 837 (App. Term 1981); Keal v. Day, 164 Ohio App. 3d 21, 2005-
Ohio-5551, 840 N.E.2d 1139 (1st Dist. Hamilton County 2005); Desmarais v. The
Stayers, Inc., 182 Or. App. 338, 51 P.3d 1 (2002); M H 2 Co. v. Hwang, 104
Wash. App. 680, 16 P.3d 1272 (Div. 3 2001).
-
[FN4] Camelback Plaza Development, L.C. v. Hard Rock Cafe Intern. (Phoenix), Inc.,
200 Ariz. 206, 25 P.3d 8 (Ct. App. Div. 1 2001).
-
conclusion:
As such the undersigned herein requests and emergency order allowing the
undersigned to at least obtain such exigent materials as his wallet, hard drives,
computers, laptops, printers, scanners, and client files and cellular phones from teh
121 River Rock St. 89501 Residence in addition to an order setting aside th recent
impermissible award of attorneys fees.
issues
Signed thiS NOvember 16th, 2011
Zach Coughlin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
** Notice**ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacy
Sent: Fri 11/18/11 2:53 AM
IIIoweyouoryourclientmoney,pleasejusttellmehowmuch.Ineed
harddrves,etc,
IjustwantmystuII,IIyouIeel Iowesomethingorthatyouhavealien
problemsolved.Idon'twanttogoto courtonthis, youdon'tneedto
riverrocktheotherday,THereis nolawIknowoIthatIsaysIcan'tbe
tacttogetmystuIIandthatIshouldmoveon...Iddbutthentheypulled
anyways,iIyouhavealienpleaseitemizeitIrom whatdatewouldyou
Porsches?
accountability,
Nevada:
filing ready sanctions motion
chance.
Sent: Sat 11/19/11 1:26 AM
DearMr.Hill,
whenyouwrotethat:
may well have caused your client to have to deIend a wrongIul arrest lawsuit including
inanobsessiveandpathetic,brownshirtworthy,attempttoIindsomething,anything,tosupport
privacyormyclientsinanyway,Mr.Hill. YouhavemanuIacturedaphonyneedtostoremy
byreIusingtoreturnmycallsorprovideanappropriatewrittenresponsetomynumerous
requestandattemptstogetmypersonalproperty.YoureachIorevermoreIarIlungsupportIor
measure).
th
while youwerebothdrivingoneoIyouvintagePorches andsimultaneouslyattemptingtoIilm
Coughlinwalkingonapublicsidewalk, thatyouwerecallingthepoliceandweregoingto
$20,000orsoinattorneysIeeswithinasummaryevictionproceeding,evenwhere,Nevadalaw
dancenumeroustimeswhileonthewitness standintheinstantcase,Iirstwhenexplainingaway
howtheMay14,2011emailexplicitlydetailing,inwritingthehabitabilityissuesandrequestto
curemadeuponDr.MerlissrelatedtotheextremelymoldyinsulationIoundinthehomeaswell
goingtobesuingyouandyourIirmsomeday,because,darnit,somebodyisresponsibleIorthe
$20K he spent in attorneys Iees on a summary eviction proceeding that yielded an imminently
voidableandvacatableandamendable and appealableJudgment,especiallywhereitisJustice
accesshisclientIiles,evenunderexigentcircumstancesthatyouweremadeawareoInumerous
th
,
purpose,suchasalawoIIice,or,say,some otherbusinessthatmyormaynotrequireanyoIthe
FDCPA etc) But you might actually want to read the Lease Agreement it is clear the rental
couldbeusedIoravarietyoIpurposes,includingacommercialone,orahybridpurpose,sucha
IorahomelawoIIiceoIasoloproprietor.
Further,theLeaseAgreementisclearontheliabilityoIyourclientIorthepropertydamage
phonenumbers.Fornow,IorthesolepurposeoIlettingmeknowwhenandhowyouwillallow
property.
intheirentiretybelow.So,justpleaseemailme thetime,evenanytimethisweekend,Saturday,
knowIreceivedyourallegedemailsinNovember2011.Also,please be sure to
remember that you have been placed on a LITIGATION HOLD NOTICE with respect
to any emails you have received which in any way inform you that any emails you had
attempted to send to my address might have not been successfully transmitted or were
otherwise returned as undeliverable.
AsIoryouremails,Mr.Hill,IreceivedtheIollowingIromyouremailaddressonIilewiththe
rgh
652Ioreststreet
reno89509
Thankyou.
Regards
Rgh
Subject:RE:issues
Date:Fri,18Nov201106:51:41-0800
whatyouneedtodoandpay.seepartagraph4!!
youneedtorespondtothis,ormyemailoIyesteday- pastedbelow.
rgh
not.
CONDITIONS:
willbe.
rgh
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Saved: Sat 11/19/11 8:39 PM
Mr. Hill,
I only confrmed the receipt of three emails from your email as listed on the www.nvbar.org website:
rhill@richardhillaw.com, two from November 17, 2011(one from 6:51 am which purpors to "paste below"
some email you allege you sent me "day before", on November 16, 2011- and one from 2:15 pm and
one from August 16, 2011). To be clear, I did not receive any email from rhill@richardhillaw.com on
November 16, 2011, that is to say, such an email is simply not in my inbox, never was in my inbox etc.
I hope you understand, I am not saying I know whether you such an email on that date or not. For all I
know, you very well may have. What I am indicating, here, in writing, is that my
zachcoughlin@hotmail.com account did not receive any emails from your email address between August
17, 2011 and November 17, 2011. I think you will find any emails you sent to
zachcoughlin@hotmail.com during that period fo time were returned to you as undeliverable. Perhaps,
an analogy would be helpful. Sometimes, you send a letter through the United States Postal Service to
an address, and you get the letter back with a yellow sticker that says "returned to sender" or
"undeliverable" or "no longer at this address"...email is similar. If your rhill@richardhillaw.com was
added to a "blocked sender" list within, say, a MSN Hotmail account, then any emails you sent to that
account from the address that was added to the blocked list, would simply not make it through to the
MSN Hotmail account that had added your rhill@richardhillaw.com email address to the list of blocked
senders....Maybe Mr. Baker can help you grasp this, but I think it inappropriate to waste judicial
resources and your client's money and peace of mind arguing about it and litigating the point. There
are other avenues of argument that would make more sense for you to pursue...If you have sent me
any faxes during this case, please let me know. I do not consent to any form of electronic service from
you for anything, including faxes, however, I am having some issues with my fax service right now as
well, so if you sent me any faxes please let me know so I can adjust my factual recitations to the court
to reflect that, to be fair to you.
Mr. Hill, Reno Police Officer Carter did say the comments I attributed to him. He and you may have
your day in court to refute that or explain them away. But, for all you or Officer Carter or the Reno
Police Department know, those comments were recorded, either by the RPD or by someone else. Hell,
for all anyone knows someone may have had a cell phone or other recording device on them even a
simple cell phone could potentially make such a recording, or make a call and have an audio recording
made on an answering machine. Further, Officer Carter and his partner at the arrest scene, as well as
you, were place on a "Litigation Hold Notice" by myself with respect to any recordings or media of any
sort made or obtained in connection with the arrest and events leading up to the arrest on November 13
2011 I understand that you are likely highly uncomfortable with the statements Officer Carter made
regarding his receiving payments from you in exchange for arresting who you tell him to and doing what
you say. Perhaps, Officer Carter and some at the RPD are similarly uncomfortable having such
statements attributed to Officer Carter, in addition to a seeming lack of follow through on Officer
Carter's part in verifying the propriety of such a trespassing arrest and failure to do much in the way of
a reasonably diligent inquiry to ascertain whether you or your office had sent written communications to
Coughlin alleging that Coughlin would be charged $900, or some pro-rated monthly amount for the
month of November 2011 (ie, after you allege you conducted a lockout, for which you admitted to
making, perhaps, insufficient service of any lockout order
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: RE: filing ready sanctions motion
Date: Sat, 19 Nov 2011 06:43:27 -0800
expense.
rpd
time to get real
rgh
DearMr.Hill,
whenyouwrotethat:
speciIicIactualsupportIoryouraccusation,otherwise,I takeyourwritingtobe,essentially,
measure).
th
blocked sender list doesnt he? So are you still thinking you are going to suddenly grasp the
th
,
communication was sent to Coughlin either by you or your oIIice and in so making such a
mine,muchlessanemailrelatedtoallowingmetoaccesstoorthe abilitytoremovemy
property.
rgh
652Ioreststreet
reno89509
Shedidnotreportanyvulgarityorother inappropriatebehavior.
Thankyou.
Regards
Rgh
Subject:RE:issues
Date:Fri,18Nov201106:51:41-0800
rgh
neverIigureitout. youhaveIabricatedthepartabout callingorcontactingustoget yourstuII
not.
CONDITIONS:
sign&returntheoriginal.thatwouldbeagoodstepontheroadto sincerity.
RE: I dispute any and all debts and supposed
6-PLEASESTOPTHEVULGARITY WITHMYSTAFF.thereisnoexcuseIorabusing
willbe.
rgh
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Sun 11/20/11 4:32 PM
Okay,noideawhatyoumeanbythe"yardsale"signs...Yes,pleaselet
megetmywallet,whichincludesmystateissuedidentiIicationandmy
clientIiles,whichyouhaveadmittedtogoingthrough.Letmegetthem
atonce.JustletmeknowwhenandhowIcangetthem.Idonot
believeyouareentitledtoactasaIoremanwhileImovemystuII,nor
doyouhaveastatutoryrightto beagradeschoolteachermakingmedo
thisandthatintheorderyou want.Justkeepitup,Rich,Idon'tyouare
goingtobesocomIortableineverycourtroomwetakethistoo.You
haveindicatedyouwon'tgivememywalletorclientIileswithout
payingsomeamountsyouallegeareowed,someoIwhichyouorBaker
haveclassiIiedasrent,whichisrentdistraintandhasbeenprohibited
byNRS118A.Regardless,Ineedthosematerialsimmediatelyits
urgentmyclientsinterestsmayhavealreadybeendamagedbyyour
reIusaltoallowmeaccesstomyandtheirproperty.Iwillpayyour
ransomunderprotestandwecanlitigateitlater,butIdon'tseemy
client'sascashcows,andIdon'tcallthepropertyoIthosewhoarenot
asrichasyoumaybe"junk",nordoIputyourclientandyourtasteIor
bloodsportabovetheinterestoIlowermiddleclassAmercianscustody
casesandmortgageIoreclosureavoidanceinterests.Howabouttoday
anytimebetweennowandmidnightcanmeetyouoranyoneatthe
propertyandatleastgetmywallet/identiIication,andclientIiles?Just
givemeanemailandletmeknowandIwillbethere.
Sincerely
ZachCoughin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Subject: FW: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss
> Date: Sun, 20 Nov 2011 12:44:49 -0800
>
>
>You will not be allowed to cherry-pick the property &leave us with several
>
> property.
>
>
>
>
> Rgh
>
>
>
>
>
> > Sent: Nov 20 '11 04:17
> >
> itemized.
> anything
pleae let me know today when is good for getting my
law office equipment and files, etc..and see attached
sanctions motion and conversion complaint
> >
> > Reno, NV 89501
> > 775 338 8118
> >
>
Sent: Mon 11/21/11 3:41 AM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; shill@richardhilllaw.com
2 attachments
safe harbor jcrcp r 11 sanction motion to hill 11 21 11.pdf (184.7 KB) , wdc safe harbor
sanctions to hill november 21 11.pdf (193.6 KB)
DearMr.HillandMr.Baker,pleaseIindthetwosanctionsmotions
attachedandpastedbelow,includingmyplaintiverepeatedrequests
thatyoucontactmetodayorasapwithyourassentandinIormation
relatedtomyretrievingmyproperty, mostexigentoIwhichismyclient
Iilesandlawpracticeequipment.
V
MOTIONFORSANCTIONS
Zach Coughlin, Esq.; 121 River Rock St (mail might be forwarded to a new address)Reno, NV 89501;
November 21, 2011
To: Richard G. Hill, Esq.
652 Forest St.
Reno, NV 89509
Dear Mr. Hill,
I only confirmed the receipt of three emails from your email as listed on the www.nvbar.org website:
one from August 16, 2011). Your email of November 19, 2011 is incorrect to the extent is
purports that I have in any way admittedto receiving any emails from our
rhill@richardhilllaw.com email account at anytime between August 17, 2011 through
November 17, 2011. To be clear, I did not receive any email from rhill@richardhillaw.com on
are other avenues of argument that would make more sense for you to pursue. You may want to ask
me or Officer Carter if he sounded all that serious when he commented to me, that you, Richard Hill pay
him a lot of money to arrest who you say to and to do what you say to. Maybe RPD Officer Carter would
say that he was being sarcastic, you would just have to ask him. Now, it wouldn't be very smart for him
to deny that he said these things, given that there are various scenarios under which it may have been
committed to tape, and tape don't lie. However, focusing on establishing whether or not what RPD
Officer Carter said was, in fact, said seriously or not and the context in which it was communicated
would likely be a much more prudent approach for you to take rather than trotting out the ol' hey, I
found a crack pipe and a bag of weed smear meme, particularly where the implication actually only
makes your offices Memorandum of Fees and Costs seem all the more ridiculous. I can see it now:
really? You are alleging the opposing party/attorney had crack pipes and bags of weed laying around
his office, AND IT STILL TOOK YOU GUYS $20K WORTH OF ATTORNEY'S FEES TO GET AN IMMINENTLY
VACATABLE, VOIDABLE, AMENDABLE, AND APPEALABLE SUMMARY EVICTION ORDER? Do you really
want to have to offer mincing attempts to explain how those those circumstances may be able to co-
exist. Regardless, absent some wonderfully improbable convergence of unlikely events, like an intruder
breaking into my home office and actual leaving their crack pipe and bag of weed, and depending upon
where you or your henchmen say this crack pipe and bag of weed was found at the home law office
(let me guess, you are going to say it was on the exquisite wood inlay coffee table in the foyer, right,
next to the 62 inch DLP HDTV,? Or perhaps right next to the dual 32 inch lcd computer monitor displays
at the attorney's desk? Because we all know nothing says crack pipe and a bag of weed like high end
electronics and fine furniture. Now, lest you wish to question my IFP statuts, rest assured, you wouldn't
believe what one can get from the free stuff section on Craigslist, knowing how to use a soldering iron
and multimeter, to repair the electronics our disposal culture determines not worth the trouble to fix,
and regularly popping in to Goodwill stores during the spring cleaning seasons when rich people like
you make room for their next vintage Porsche. And quit acting like all my stuff is junk, Rich. I know
you with your vintage Porsche fetish have your eyes on my collection of vintage leather power seats in
the basement, including the black and silver 1991 BMW 735iL seats, hands off, they are mine. Quit all
your nonsense about calling my property junk. Further, who are you demand a blueprint of the means
and manner anyone intends to use to remove their property from your client's rental? Where in NRS
40.460 does it allow you to turn into some overgrown hall monitor, insisting upon the younger tenant
attorney showing you proof of a U-Haul, or a written declaration of the manpower he intends to use to
remove his property. Further, you allege you hired a contractor (note to Rich, typically, contractors
don't talk trash to the opposing attorney, as your's did, calling Coughlin an ex-attorney when Coughlin
saw them traipsing through his home lawoffice). You need to provide me with access to the property so
I can remove my property. There is nothing in the law that allows you to attempt to brew up some more
attorney's fees and rental charges at the property at full market value, ie, the same rate for which rent
was being charged $900, rather than complying with NRS 40.460 and NRS 40.520. I implore you to
realize this case will be before the Nevada Supreme Court someday, not on your backyard H.O.R.S.E
hoop. And the way you are playing, coach gon' have ta put cha on the bench early in the second quarter
with 3 fouls, then you gonna pick up another right after halftime, and Baker is going to have to sub in
for you. Seriously, though, Mr. Hill, you are an attorney with enormous skill, experience, and expertise.
You make things difficult for people like Geof Giles, and it takes some doing to accomplish that. My
humble suggestion is that you consider whether your client needs to start thinking settlement here. And
perhaps you and your firm as well. When someone google's your name they don't see your name on
www.whogotarrested.com or one of those sites. RPD Officer Carter's statements have not been reported
anywhere, they are not on HULU.com. I take your reputation seriously as a lawyer and do not sit around
hoping to diminish it. I gather you are angry from hearing the comments attributed to RPD Officer
Carter. He said those things. You are free to question him as to whether he meant them, whether they
were said in a sarcastic tone, etc. Regarldess, he said them, our RPD Officer's in many instances make
more money than our public defender's even P.D.'s with extremely impressive qualifications. As such,
there is a certain gravitas that needs to go along with the paycheck and title, and, even if it is
established that Officer Carter or his partner were joking about something.... in the context of arresting
an attorney (insuring prospective clients of that attorney googling the attorney's name will find out
about the arrest) and failing to make much in the way of a diligent inquiry as to whether your associate
Casey Baker, Esq.'s November 10
th
, 2011 bill for rent for the month of November 2011, the month in
which the trespassing arrest occurred, well....Maybe they need to button it up a bit, maybe they need to
phone home and think a little before they arrest someone, maybe they should consider whether they are
placing themselves under too much pressure to make a strong looking quick authoritative decision to
arrest prior to thinking things through much or just expressing any uncertainty to those looking at them
with regard to the propriety of making an arrest. In short, maybe the macho cop shit has a price, and
that price here may include a defamation claim, a 42 USC Sec 1983 claim, perhaps a defamation claim
on your part, hell, I don't know. Maybe nothing will happen. But what I can guarantee anyone who is
interested to know is that I am through been anyone's doormat. No amount of robes, gravitas,
reputation, vintage Porsches, Medical Specialties, Demagoguery, mysteriously manifesting crack pipe
and a bag of weed , curiously retaliatory evictions and traffic tickets and rent escrow depositings,
application of unpublished, unapproved by the Nevada Supreme Court, J ustice Court House Rules' or
anything else are going are going to make a dent in my resolve. As for you proclamations concerning my
capacity for honesty, I scored 1,468 points playing varsity basketball at Reno High School, which for a
time was the all-time leading scoring record for Nevada's oldest, and best, high school. I assure you sir,
no one is going to lie their way into 1,468 points. One, especially one lacking much in the way of natural
gifts, must honestly earn each and every one of those points, one by one, through thousands of hours
of dedicated training, sacrifice, etc. Believe me, I have been chewed up, spit out, booed off stage and
gone through more rites of passage than you could possibly imagine considering the way in which you
have approached this litigation. However, what is way, way more important than any points scored to
me is the fact that my teammates named me team captain in both my junior and senior years, and I do
not think that would have happened for someone who has such an utter inability to demonstrate a
capacity for honesty.
z A quick update, Rich, you sent me two emails on November 20, 2011, apparently in response to
my recent email indicating a complete and utter availability on my part to come and start
removing property, and help you and your client mitigate the damages you are liabile for under
the Schiff decision...however, you chose to waste that opportunity, instead mentioning something
about some tape you found (let me guess, black duct tape that was already there well before the
eviction?) that was on some yard sale sign or something ridiculous. The stuff in the back yard is
not up for a yard sale and you are not to throw it away, especially prior to 30 days passing, take
your own advice and read the statute. Quit threatening to have me arrested, AGAIN, if I go
anywhere near the property, even the public sidewalk, while simultaneously asserting you are
charging me full rent while my property remains at your clients, rental property. Dick, I loved
Catch-22 as much as the next guy, but it is now way to practice law nor is it contained in NRS
40.460 or NRS 40.520, but the Schiff case does allow for punitive damages against you and your
client. What time can I get my stuff out of the property tomorrow. Please indicate in writing as
soon as possible. Very soon, I will need to alert my clients to your conversion of their files and
confidential information, and I am not so sure every law enforcement officer is going to tell them
uh, its a civil matter, guy...I mean, you don't have any documentation supporting what you are
saying, so...oh wait, you say, you do? Well, I am busy, bro, I got to go inside with Richard Hill for
like 10 minutes, then pull you over while you are driving down St. Laurence towards Virginia,
assert that I knew you were going back to Richard Hill's office, and correct you (even though I
Sargent Tarter am patently wrong) when you assert that getting to Hill's office from the St.
Laurence and Forest Intersection would involve going down a one way street the wrong way).
Sargent Tarter's actions and comments are loosely paraphrased above, However, Tarter did pull
Coughlin over, did behave in a retaliatory manner and speak in a retaliatory tone, cited Coughlin
for a variety of traffic violations, including failure to come to a complete stop before the white
line (though Tarter acknowledged that Coughlin, whom he was tailing, did come to a complete
stop at the stop sign...). Then, when Coughlin pointed out the retaliatory appearance of Tarter's
actions, Tarter called in a junior officer to write the ticket for Tarter, for what reason, Tarter
refused to make any explanation. A phone call from Lieutenant Larsen later that day proved
unfruitful in addressing Tarter's conduct. Tarter demanded Coughlin park his car due to one of
the traffic violations, which involved confidential DMV information, which Richard Hill referenced
to Coughlin in a taunting manner the next day.
I think you need to get your guy to settle. $40K would probably do it, no promises, but it would
probably do it. You and your client have cost me, my business, and my clients a great deal of money
with your actions. Please consider the Shiff decision from the Nevada Supreme Court: Conversion On
cross-appeal, Schiff contends that substantial evidence does not support the jury's finding with regard to
Winchell's conversion claim. "Substantial evidence is evidence that a reasonable mind might accept as
adequate to support a conclusion."2 In order to show conversion, Winchell must prove that Schiff
"wrongfully exerted [dominion] over 2First Interstate Bank v. J afbros Auto Body, 106 Nev. 54, 56, 787
P.2d 765, 767 (1990) (internal quotation marks and citation omitted). personal property in denial of, or
inconsistent with, title or rights therein or in derogation, exclusion or defiance of such rights."3 While
conversion requires a physical act of dominion over personal property, liability for conversion is
predicated upon "general intent, which does not require wrongful intent and is not excused by care,
good faith, or lack of knowledge."4 Therefore, Winchell must demonstrate that Schiff exerted an act of
dominion over his personal property, in derogation of his rights in the property. At trial, evidence was
presented showing that Schiffs agent, Beryl Duncan, exerted dominion over Winchell's storage unit by
directing the locksmith to replace the locks and disable the alarm system. In addition, evidence showed
that Schiffs representatives were the only people who had access to the storage unit after the locks
were changed and that it was during this period of Schiff s exclusive control when Winchell's inventory
was removed. From that evidence, the jury could have reasonably inferred that Schiff wrongfully exerted
dominion over Winchell's storage unit and inventory, which was in derogation of his rights in the
property. SUPREME COURT OF NEVADA 3See Edwards v. Emperor's Garden Rest., 122 Nev. 317, 328,
130 P.3d 1280, 1287 (2006) (citing Wantz v. Redfield, 74 Nev. 196, 326 P.2d 413 (1958)). 4Evans v.
Dean Witter Reynolds, Inc., 116 Nev. 598, 606, 5 P.3d 1043, 1048 (2000). 6 (0) 1947ATherefore, we
conclude that substantial evidence supports the jury's finding that Schiff was liable for conversion.5
Schiff alternatively argues that even if substantial evidence supports Winchell's conversion claim, the
jury's award of $210,000 must be remitted to reflect Winchell's actual losses. According to Schiff, actual
losses must be limited to Winchell's converted inventory, which was valued somewhere between
$30,000 and $45,000. We disagree. During trial, Winchell testified that the fair market value of his
business was approximately $500,000. This testimony was supported by documentary evidence in the
form of numerous profit and loss statements, and federal income tax returns. In Bader v. Cerri, we
noted that the full value of the property at the time of conversion is an appropriate measure of damages
when the defendant is unable or unwilling to return the property.6 We also concluded that when the
conversion causes "a serious interference to a party's rights in his property ... the injured party should
receive full compensation for his actual losses."7 Additionally, we recognize that the property value is
not the sole measure of damages. 5Schiff also maintains that her agent's entry into the storage facility
was justified under the circumstances. We do not address that issue, however, because conversion does
not require a showing of wrongful intent. See id. 696 Nev. 352, 356, 609 P.2d 314, 317 (1980),
overruled on other grounds by Evans, 116 Nev. at 608, 611, 5 P.3d at 1050-51. 71d.; see also O'Meara
v. North American Mining Co., 2 Nev. 112, 124 (1866) (concluding in response to a petition for rehearing
that "the owner of the property wrongfully converted or detained shall receive as a continued on next
page ... SUPREME COURT OF NEVADA (0) 1947ASUPREME COURT OF NEVADA Here, the record reveals
that the conversion of Winchell's inventory resulted in the demise of his wholesale fresh fish business.
No interference can be more serious than one that results in the termination of another's business.
Accordingly, we conclude that Winchell is entitled to the value of his lost business and the lost
inventory's value as compensation for his actual losses, which the jury determined was worth
approximately $210,000 on the day of the conversion.
If you have sent me any faxes during this case, please let me know. I do not consent to any form of
electronic service from you for anything, including faxes, however, I am having some issues with my fax
service right now as well, so if you sent me any faxes please let me know so I can adjust my factual
recitations to the court to reflect that, to be fair to you.
NRS 118A.520 When lien or security interest in tenants household goods may be enforced; distraint
for rent abolished; damages.
1. Any lien or security interest in the tenants household goods created in favor of the landlord to
ensure the payment of rent is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other personal property of a tenant in
violation of this section is liable to the tenant for damages as provided in NRS 118A.390.
Mr. Hill, I can easily show numerous, including written, attempts on my part to schedule and opportunity
to retrieve my property from the 121 River Rock property, and I can further show that I did not receive
any emails from your rhill@richardhillaw.com between August 16, 2011 and November 17, 2011. That
being said, please provide written proof that you have received the informed consent of Dr. Merliss for
continuing the attorney fee and potential liability incurring path in litigation that you continue to lead
your client on.
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services;
procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by
blocking or attempting to block the tenants entry upon the premises or willfully interrupts or causes or
permits the interruption of any essential service required by the rental agreement or this chapter, the
tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or
terminate the rental agreement and, in addition to any other remedy, recover the tenants actual
damages, receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all
prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of
the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal
or exclusion of the tenant from the premises or the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the
landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint
for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all
other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already
pending between the landlord and tenant, but the tenant may seek similar relief before the judge
presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial
days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the
tenant must provide proof that the landlord has been properly served with a copy of the verified
complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of
the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the
circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified
complaint for expedited relief. After any hearing and not later than final disposition of the filing or order,
the court shall assess the costs and fees against the party that does not prevail, except that the court
may reduce them or waive them, as justice may require.
NRS 118A.030 Abandoned property defined. Abandoned property means property which is left
unattended on the premises after the termination of the tenancy, unless the owner of the property has
expressed an intent to return for the property. Mr. Hill, I have previously expressed and communicated
to you and your client in a variety of ways and forms, both written and oral, that I intend to get the
property that belongs to me at 121 River Rock St., it is not abandonded property, but your refusal to
allow me access or opportunity to remove the property has been more than obstructive.
, 2011. I understand that you are likely highly uncomfortable with the statements Officer Carter made
making, perhaps, insufficient service of any lockout order, attesting that you merely posted or had
posted a copy of any Lockout Order posted on the door at the 121 River Rock rental property and failed
to make any personal service of such a Lockout Order on Coughlin. Further, you indicated that such a
posting occurred within 24 hours of the October 31, 2011 date provided for lockout in the Lockout Order
you referenced, rather than within 24 judicial hours...Additionally, you have failed to prove that you or
your office provided a Proposed Findings of Fact, Conclusions of Law, and Order for Summary Eviction to
J udge Sferrazza or the Reno J ustice Court before the 12 noon October 27, 2011 deadline to do so.
Additionally, you have failed to establish that you or the RJ C ever appropriately served any such October
27
th
, 2011 Order for Eviction signed by J udge Sferrazza prior to you alleged lockout being conducted on,
in your words, November 1, 2011). If any such Lockout Order or Order for Summary Eviction was signed
by J udge Sferrazza on Thursday, October 27, 2011, then, where shall we look for the rules related to the
manner and form required for service of such an Order for Summary Eviction?
Below is a sampling of some of Nevada's J CRCP that may be relevant to the matters we are
communicating about:
RULE 1. SCOPE AND APPLICATION OF RULES
These rules govern the procedure in the justice courts in all suits of a civil nature, with the
exceptions stated in Rule 81....
There shall be three forms of action in justice courts to be known as civil actions,
small claims actionsand summary eviction actions. Rules 3 through 87 govern civil actions.
Rules governing small claims actions begin with Rule 88 and end with Rule 100. Rules governing
summary evictions commence with Rule 101.
Mr. Hill, your email to me of November 18, 2011 references an email (and pastes below that the
apparent contents thereof) you allege you sent me on November 17, 2011. I don't doubt very much
that you are being honest when you wrote that you sent me an email on November 17, 2001, I merely
attest to you that I did not receive the email you claim to have sent me on that date. To be clear, I
have no way, yet, of being sure that the text you pasted into your November 18, 2011 email, which you
purported to reflect the email you allege you sent on November 17, 2011, was sent or not. I just know I
did not receive it, and to be clear, by that I mean that my email account did not receive a successful
transmission of email you attempted to send on November 17, 2011. I can not say whether or not you,
in fact, sent it, or whether you soon thereafter received a return to sender or message undeliverable
email from your ISP or email provider (yours does not seems to be POP3 based email, but rather your
ISP is based, I believe, in Delaware or somewhere thereabouts).
Mr. Hill wrote in his November 18, 2011 email to Coughlin: 'if you continue the game that you did not
get my emails, then i think that you put the contents of your computers at issue, and we need to be
concerned about issues such as spoliation. Mr. Hill needs to realize that email address from POP3 email
services such as Hotmail, actually, are not stored on one's computer, rather the contents of those email
accounts are stored on MSN Hotmails servers, perhaps in Kirkland, Washington or somewhere like that,
but one would not be very smart to risk all the privacy and electronic records laws violation incident to
seeking to detain and or view the contents of an attorney's hard drive on a theory that some spoliation
could occur for emails on a POP3 account. Mr. Hill demonstrates a lack of knowledge with respect to
basic technology matters that is both quaint and alarming.
However, Richard Hill then writes with not only an extremely suspect and curiously time and convenient
of the appearance of a crack pipe and bag of weed, but he goes on to detail the impermissible
violations of Coughlin and his client's papers and attorney-client privileged materials, in the the
following email to Coughlin:
11/19/11 Richard HillTo zachcoughlin@hotmail.com
Sent: Sat 11/19/11 6:41 AM
we have a bill, and, will have the contractor at the hearing on Tuesday - at your expense.
5- your statement about officer carter is false & defmatory and will be forwarded to rpd
time to get real please act responsibly rgh
Mr. Hill, you apparently have broke out your armchair DSM-IV and made a hoarder diagnosis of sorts,
which is somewhat curious given your lack of assent to the extension of time for a tenant to remain in
possession under NRS 40.251 Unlawful detainer: Possession of property leased for indefinite
time after notice to quit; older or disabled person entitled to extension of period of possession upon
request....4. If a landlord rejects a request to allow a tenant to continue in possession for an
additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue
in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is
entitled to request such an extension, the court may grant the petition and enter an order allowing the
tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant
must be allowed to continue in possession for 5 calendar days following the date of entry of the order
denying the petition. I does not seam you or the Court afforded me to continue in possesion for 5
calendar days...though I suppose J udge Sferrazza may not have technically ruled on the Petition yet...
A NRS 40.253(7)(b) request, seeking a copy of the charges you may allege are owed is
hereby made by the tenant, Coughlin. Please provide an itemized and specific account of
the charges you allege must be paid pursuant to NRS 118a.460 prior to your allowing
Coughlin to remove his property from the premises. Additionally, Richard Hill admits he is
withholding Coughlin's state issued driver's license, while taunting Coughlin about whether
or not Coughlin's vehicle's registration is current with the Nevada DMV (it is curious how
and when Richard Hill became aware of whether Coughlin's vehicle's registration was
current and whether any inappropriate divulging of Coughlin's personal, private, DMV
records or information related thereto was provided to Richard Hill by anyone acting under
color of state law vis a vis 42 USC Sec 1983 and whether such an invasion of privacy
amounts to a deprivation of Coughlin's civil rights.
NRS 40.253(7) The tenant may, upon payment of the appropriate fees relating to the filing and service
of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the
amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 for the
inventory, moving and storage of personal property left on the premises. The motion must be filed
within 20 days after the summary order for removal of the tenant or the abandonment of the premises
by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the
motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the
date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or
other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and
any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be
due or if no charges are determined to be due.
NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.
1. The landlord may dispose of personal property abandoned on the premises by a former tenant or
left on the premises after eviction of the tenant without incurring civil or criminal liability in the following
manner:
(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the
abandonment or eviction or the end of the rental period and may charge and collect the reasonable and
actual costs of inventory, moving and storage before releasing the property to the tenant or his or her
authorized representative rightfully claiming the property within that period. The landlord is liable to
the tenant only for the landlords negligent or wrongful acts in storing the property.
2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph
(a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.
NRS 118A.480 Landlords recovery of possession of dwelling unit. The landlord shall not recover or
take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or
causing or permitting the diminution or interruption of any essential service required by the rental
agreement or this chapter, except:
1. By an action for possession or other civil action or summary proceeding in which the issue of
right of possession is determined;
Mr. Hill, I believe you need to provide your client information necessary to insure he has given you his
informed consent related to the various potential liabilities he may face going forward in this matter,
including his interruption of essential services, specifically, the electricity, conveniently turned off for
over 24 hours right before your associate, Baker, and his videographer showed up in her V12 $110K
Mercedes SL600 to, allegedly, inspect the property, for the wrongful arrest, any extortion attempts your
are found to have committed (speaking of, YOU ARE PLACED ON A LITIGATION HOLD NOTICE
RESPECTING THIS ALLEGED CRACK PIPE AND BAG OF WEEDTHAT YOU WROTE OF IN
YOU NOVEMBER 19, 2011 EMAIL TO ME. PLEASE BE SURE NOT TO DISTURB ANY
FINGERPRINTS ON ANY OF THESE MATERIALS, KEEP A DETAILED ACCOUNT OF EXACTLY
WHERE YOU FOUND THEM, ETC, ETC., I TAKE THOSE ALLEGATIONS MORE SERIOUSLY THAN
SOMEONE OF YOUR DEPTH COULD POSSIBLY EVEN BEGIN TO IMAGINE AND FULLY INTEND
TO PURSUE VINDICATING ANY DAMAGE TO YOU MAY BE ATTEMPTING TO DO TO MY
REPUTATION, PROFESSIONAL AND OTHERWISE). Please also realize that no one has promised
you that there does not exist a means to indicate whether you have violated any privacy rights or
attempted to interfere inappropriately with attorney client privilege, especially with respect to the
manner and extent to which you have handled Coughlin's property at 121 River Rock St.
Additionally, J udge Sferrazza's Summary Eviction Order, signed October 27, 2011, is vulnerable to yet
another avenue of J CRCP 59 and 60 attack or overturn on appeal considering that the rights provided to
tenant Coughlin under NRS 118A.490 in that J udge Sferrazza specifically and expressly announced in
court during at least the October 26, 2011 court date that tenant Coughlin was not allowed to assert
counterclaims at that time, despite the fact that the court had (under an apparent and extremely
suspect and tenuous application of some opening the door theory to, apparently making tenant
Coughlin subject to claims for past rent, even where Merliss had clearly indicated and pled in writing
that past rent was not being sought or alleged owed and that all that is up for decision is possession of
the premises merely in light of Coughlin asserting that Merliss retaliated against Coughlin, in part, due
to Coughlin's complaining of habitability issuess....then J udge Sferrazza took the extremely peculiar step
of asking Coughlin about whether any rent was owed, essentially, allowing opposing counsel Baker to,
perhaps, avoid the need to ask any questions related to rent owing and the concomitant J CRCP R 11
and NRS 7.085 complications Baker had shied away from previously):
NRS 118A.490: Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with
court; judgment for eviction.
1. In an action for possession based upon nonpayment of rent or in an action for rent where the
tenant is in possession, the tenant may defend and counterclaim for any amount which the tenant may
recover under the rental agreement, this chapter, or other applicable law. If it appears that there is
money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is
delayed for any reason, the court shall require a tenant who remains in possession of the premises to
deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 days
rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any
rent which is not in dispute and shall determine the amount due to each party. Upon the application of
either party, the court, after notice and opportunity for a hearing, may for good cause release to either
party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing
party the amount owed and shall give judgment for any other amount which is due.
2. In any action for rent where the tenant is not in possession, the tenant may
counterclaim as provided in subsection 1 but is not required to pay any rent into court....
Further, Merliss and his counsel are now arguably subject to NRS 118A.490(2), and have a
duty to obtain Dr. Merliss's informed consent with respect to the potential consequences of
proceeding under their current tact, as Baker's November 10, 2011 email claims to charge
Coughlin $900 rent for the 121 River Rock property for November 2011 and to refuse to
release any of Coughlin's property, citing some lien despite Baker and Hill's failure to
respond to Coughlin's repeated requests, including written requests by Coughlin, emailed to
either Richard Hill, Esq. Or Casey Baker, Esq. (at the email addresses they have on file at
www.nvbar.org). Mr. Baker did send Coughlin a letter via email on November 10, 2011, and
that email and the letter in pdf format it containedwere, in fact, successfully transmitted to
Coughlin's email address. It read, in part:
Re: Updated Verification of Debt Mr. Coughlin:
You were originally provided with itemization and verification of your debt to Dr. Matthew
Merliss on August 22, 2011, and then again on October 14, 2011. Enclosed you will find a
copy of an affidavit by Dr. Merliss, verifying and updating the principal amount of your
underlying debt to him as of October 17, 2011.
The above writing by Baker seems misleading. What is not clear is just how the
documentation allegedly provided to Coughlin on August 22, 2011, and then again on
October 14, 2011 was at all an itemization and verification of your debt. The court files
and Coughlin's records reveal that basically a general Notice to Quit for Non-Payment of
Rent and a 30 day No Cause Notice to Quit (which were apparenlty farmed out for a flat
$160 fee to Nevada Court Services according to Baker's Memorandum of Costs, which may
be tantamount to partnering impermissibly with non-attorneys and supporting the
unauthorized practice of law or ghostwriting). Regardless, it appears a sweating Baker is
now vaguely aware that the FDPCA act applies to his attempts at debt collecting, and now
alleges that and , FOR THE FIRST TIME ON NOVEMBER 10, 2011 BAKER IS FINALLY
PROVIDING A VERIFICATION OF THE DEBT ALLEGED, WITH ANY DEGREE OF ITEMIZATION
OR VERIFICATION BY EMAILING THE enclosed affidavit by Dr. Merliss, verifying and
updating the principal amount of your underlying debt to him as of October 17, 2011. Now,
Baker and his client need to be very careful here, because the recording of the court
hearings show that Baker attempted to clear himself of any J CRCP Rule 11 liability by
asserting that he had, in fact, accounted for, at least, the agreed to in writing rent
deduction for taking care of the weeds from approximately May 20, 2011 Merliss agreed
to grant to Coughlin. However, the August 22
nd
, 2011 Eviction Notice for Failure to Pay Rent
alleged some $2,800 was
Regardless, the Affidavit of Dr. Merliss, only emailed and perhaps sent in the USPS mail on
November 10, 2011, appears to incorrectly switch the amounts for cleaning and security
deposits, listing $500 for a cleaning deposit and $200 for a security deposit, where, in
actuality, the Lease Agreement called for $500 for security deposit and $200 for a cleaning
deposit (and these amounts were actually collected by Dr. Merliss upon the inception of the
tenancy). Further, Merliss's Affidavit, allegedly of October 17, 2011 incorrectly asserts that
rent became late, under the Lease Agreement, on the second day of the month, whereas the
Lease Agreement provides for a longer period of time each month before that month's rent
is deemed delinquent or incurring a late fee. Additionally, this Affidavit that Merliss's
counsel only first emailed to Coughlin on November 10, 2011 incorrectly attempts to charge
Coughlin for NV Energy electricity bills where the Lease Agreement specifies that Coughlin
may only be charged for those electricity bills payable by the tenant. Clearly, the
Standing Order with NV Energy that Merliss maintained resulted in the electricity bill
referting to Merliss's name, due to privacy restraints and billing practices, the NV Energy bill
was not payable by Coughlin, as such, Coughlin may not be charged with such a bill.
Further, this Affidavit of Merliss fails to account for or disclose the partial rent payments
made to Merliss by Coughlin's then roommate, Melissa Ulloa, nor does is disclose the
agreements and waivers related to the rent for May and J une that Merliss entered into
agreements with Ulloa to allow her to repay him on a slower schedule. Further, the over
$5,000 rent Merliss alleges owes fails to account for both the property damage to tenant
Coughlin's property, for which the Lease Agreement holds Merliss liabile, as well as for the
various rent deductions Merliss agreed to and the various rent deductions Merliss's failure
to cure habitability issues he was apprised of in writing within the allowed 14 day
period....so the amount Merliss's Affidavit alleges is owed is completely wrong. Additionally,
Richard Hill's email to Coughlin of November 17, 2011 states that Hill agress with
Coughlin's assessment that the Court's Order of Fees and Costs is baseless and should be
withdrawn, vacated, or otherwise stipulated out of existence. However, Hill needs to make
clear whether he is making such a concession with respect to costs only, or whether the
$1,500 in attorney's fees should be included in those amounts awarded that Hill agrees to
render null.
Baker's November 10, 2011 letter continues: Additional late fees and charges for your
electricity use have attached since that date. In addition to the sums identified by Dr.
Merliss in his affidavit, your debt now also includes fees for storage of your personal
possessions left at the property, which accrue daily at the fair rental value of the property.
Your debt further includes actual costs for inventorying and moving your possessions from
the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed.
Enclosed you will also find a notice of entry of the court's order awarding costs and
attorney's fees against you. The court's award of cost in the amount of $421.75, and
attorney's fees in the amount of $1,500.00, has now been reduced to judgment. You are
responsible for those sums. Further, as you know, in his Memorandum of Costs and
Disbursements filed on October 27, 2011, Dr. Merliss actually sought $607.24 in costs and
$17,938.75 in attorney's fees against you. We believe you are responsible for those
amounts, plus any and all fees and costs that have accrued, and continue to accrue, since
that date, in the matters currently pending before the courts as an item of damages. Dr.
Merliss will seek recovery of those sums, and all futures fees and costs incurred, through
the appropriate channels.
This letter is being sent to you las know address of 121 river rock Street, Reno, Nevada
89501, because you have refused to provide us with your current contact information,
despite our multiple requests that you do so. We are also still waiting for you to reply to Mr.
Hill's emails about removing your possessions from the property. Sincerely, Casey Baker,
Esq.
Further, tenant Coughlin sent written correspondence to Hill or his associate, Casey Baker, Esq.,
underscoring the exigent need for allowing attorney Coughlin to at least access the property of
Coughlin's remaining at River Rock necessary to handle exigent client matters, including foreclosure
defense and child custody cases. Such an email was sent to Casey Baker, Esq. By Zach Coughlin
(zachcoughlin@hotmail.com) Sent: Thu 11/03/11 12:59 PM To:cdbaker@richardhillaw.com, which wrote
that I am writing because I have clients who depend on me, and the exigencies of such circumstances
dictate that I do, and if I am locked out frommy law office and client files, terrible things may happen to
these client's legal interests. I fail to see where the Beverly Hills High School graduate Neurosurgeon has
any such exigencies in connection with this matter. I have clients who are facing Trustee Sale's that
prevent the Court's from taking away their children.
NRS 118A.500 landlords abuse of access.... If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the
effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover
actual damages.
Please provide written proof of your client's informed consent that he is aware and accepts the risks of
proceeding under your current approach, including, but not limited to, being held liable for my actual
damages under the above section of 118A, especially considering the extent to which Mr. Baker's
unreasonable inspection attempts cause my law practice to lose money at the rate of at least $225 per
hour.
J CRCP Rule 2 seems to clearly indicate that J CRCP Rules 3 through 100 do not apply to summary
eviction proceedings, however, it is not clear what rules would spell out the procedural rules applicable
to summary eviction proceedings, especially considering J CRRT Rule 2's specifically indicating that the
J CRRT do not apply to landlord tenant matters. J CRCP Rule 81 seems to fairly clearly establish that
the rule found in NRS 118A and the relevant portions of NRS 40 govern summary eviction proceedings,
however, those statutes are not all that explicit with regard to technical procedural rules....As such, it
may be thtat J CRCP 3 through 87, or even 87 through 100, or some combination of both are at least
persuasive authority here. Regardless, what I strenuously object to is the application of unprinted,
unapproved by the Supreme Court of Nevada house rules that the RJ C and its administration, judges,
and staff seem to refer to continually. J CRCP 83 is clear in forbidding such house rules under those
circumstances: 'RULE 83. RULES BY J USTICE COURTS
Each justice or justice court in a township with more than one justice, by action of a majority of the
justices thereof, may from time to time make and amend the rules governing its practice not
inconsistent with these rules. Copies of rules and amendments so made by any justice court
shall upon their promulgation be furnished to the Supreme Court, but shall not become
effective until after approval by the Supreme Court and publication. In all cases not
provided for by these rules the justice courts may regulate their practice in any manner not
inconsistent with these rules.
State v. J ones, 917 P.2d 200, 209+, 185 Ariz. 471, 480+ (Ariz. May 07, 1996) (NO. CR-93-0541-AP
Mason v. Schumacher, 439 N.W.2d 61, 70, 231 Neb. 929, 944, 84 A.L.R.4th 163, 163 (Neb. Apr 27,
1989) (NO. 87-194)
Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 258, 124 Nev. 725, 748 (Nev. Sep 11,
2008) (NO. 46499)
ADDING INJ URY TO INJ URY: INADEQUATE PROTECTION OF TENANTS' PROPERTY DURING EVICTION
AND THE NEED FOR REFORM, 20 Loy. Consumer L. Rev. 247, 269 (2008)
J CRCP RULE 5. SERVICE AND FILI NG OF PLEADINGS AND OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required
by its terms to be served, every pleading subsequent to the original complaint unless the court
otherwise orders because of numerous defendants, every paper relating to discovery required to be
served upon a party unless the court otherwise orders, every written motion other than one which may
be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of
record on appeal, and similar paper shall be served upon each of the parties. No service need be made
on parties in default for failure to appear except that pleadings asserting new or additional claims for
relief against them shall be served upon them in the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party
represented by an attorney, the service shall be made upon the attorney unless the court orders that
service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge,
or if there is no one in charge, leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing
there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by
mail is complete on mailing; provided, however, a motion, answer or other document constituting the
initial appearance of a party must also, if served by mail, be filed within the time allowed for service;
and provided further, that after such initial appearance, service by mail be made only by mailing from a
point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the
court.
(D) Delivering a copy by electronic means if the attorney or the party served has
consented to service by electronic means. Service by electronic means is complete on transmission
provided, however, a motion, answer or other document constituting the initial appearance of a party
must also, if served by electronic means, be filed within the time allowed for service. The served
attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing
with the clerk of the court and served on the other parties to the action. The written consent shall
identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail
address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation
of a party changes through entry, withdrawal, or substitution of counsel. An attorney or party who has
consented to service by electronic means shall, within 10 days after any change of electronic-mail
address or facsimile number, serve and file notice of the new electronic-mail address or facsimile
number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making
service learns that the attempted service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or
by written admission, or by affidavit, or other proof satisfactory to the court. Failure to make proof of
service shall not affect the validity of service.
(c) Same: Numerous Defendants. In any action in which there are unusually large numbers of
defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of
the defendants and replies thereto need not be made as between the defendants and that any cross-
claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall
be deemed to be denied or avoided by all other parties and that the filing of any such pleading and
service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order
shall be served upon the parties in such manner and form as the court directs.
(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the
court either before service or within a reasonable time thereafter, except as otherwise provided in Rule 5
(b), but, unless filing is ordered by the court on motion of a party or upon its own motion, depositions
upon oral examination and interrogatories, requests for production, requests for admission, and the
answers and responses thereto, shall not be filed unless and until they are used in the proceedings.
Originals of responses to requests for admissions or production and answers to interrogatories shall be
served upon the party who made the request or propounded the interrogatories and that party shall
make such originals available at the time of any pretrial hearing or at trial for use by any party.
(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as
required by these rules shall be made by filing them with the clerk of the court, if there be one, except
that the justice may permit the papers to be filed with him or her. In cases where there is no clerk, the
papers shall be filed with the justice. A court may by local rule permit papers to be filed, signed or
verified by electronic means that are consistent with technical standards, if any, that the J udicial
Conference of the United States establishes. A paper signed by electronic means in compliance with the
local rule constitutes a written paper presented for the purpose of applying these rules. The clerk or
justice shall not refuse to accept for filing any paper presented for that purpose solely because it is not
presented in proper form as required by these rules or any local rules or practices.
(f) Drop Box Filing.
(1) Authorization. The court, or clerk of the court if there be one, may maintain one or
more drop boxes in which papers and pleadings may be deposited for filing with the court. If such a
system is maintained, the court or clerk must:
(A) Place the drop box at a location that is easily accessible by the public;
(B) Ensure that the drop box is locked or otherwise constructed to prevent theft or tampering
of documents; and
(C) Provide, in a location immediately adjacent to the drop box, a machine or other device that
is capable of stamping the date and time of receipt on documents that are being deposited in the drop
box.
(2) Papers Eligible for Filing. All papers and pleadings, including, but not limited to,
motions, oppositions, replies, affidavits, points and authorities, and courtesy copies, may be deposited in
the drop box. However, filings which require the payment of filing fees must be made directly with the
clerks office, or justice where there is no clerk, unless the fees accompanying the filing are paid by
check.
(3) Procedure. Papers and pleadings may be deposited in the drop box during all hours the
courthouse is open. Before such documents are deposited, the documents must be date and time
stamped as described in subdivision (f)(1). Documents placed in the drop box shall be deemed filed as
of the date and time stamped on the paper or pleading. However, if a document is placed in the drop
box without being date and time stamped, that document will not be deemed filed until it is date and
time stamped by the clerks office. In addition, if a document is placed in the drop box, and the clerks
office determines that the attempted filing is defective based on the absence of filing fees or based on
any other legitimate reason, that document will not be deemed filed until the defect has been cured.
[As amended; effective J uly 1, 2005.]
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the
local rules of any justice court, by order of court or by any applicable statute, the day of the act, event,
or default from which the designated period of time begins to run shall not be included. The last day of
the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a
nonjudicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or
other conditions have made the court inaccessible, in which event the period runs until the end of the
next day which is not one of the aforementioned days. When the period of time prescribed or allowed is
less than 11 days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the
computation.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act
is required or allowed to be done at or within a specified time, the parties, by written stipulation of
counsel filed in the action, may enlarge the period, or the court for cause shown may at any time in its
discretion (1) with or without motion or notice order the period enlarged if request therefor is made
before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon
motion made after the expiration of the specified period permit the act to be done where the failure to
act was the result of excusable neglect; but it may not extend the time for taking any action under Rules
50(b), 50(c)(2), 52(b), 59(b), (d) and (e) and 60(b), except to the extent and under the conditions
stated in them.
(c) Reserved.
(d) For MotionsAffidavits. A written motion, other than one which may be heard ex parte, and
notice of the hearing thereof shall be served not later than 5 days before the time specified for the
hearing, unless a different period is fixed by these rules or by rule or order of the court. Such an order
may, for cause shown, be made on ex parte application. When a motion or opposition is supported by
affidavit, the affidavit shall be served with the motion or opposition.
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the
right or is required to do some act or take some proceedings within a prescribed period after the service
of a notice or other paper, other than process, upon the party and the notice or paper is served upon
the party by mail or by electronic means, 3 days shall be added to the prescribed period.
d. For MotionsAffidavits.
Please note, however, that the J ustice Court Rules for Reno Township (J CRRT)
specifically indicate that the J CRRT do not apply to landlord tenant matters, in
J CRRT Rule 2: Rule 2. Application of Rules. Except as otherwise provided by
statue, these rules apply to all civil proceedings filed in Reno Township except
small claims and landlord tenant matters.
RULE 81. APPLICABILITY IN GENERAL
(a) To What Proceedings Applicable. These rules do not govern procedure and practice in any
special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and
practice provided by the applicable statute. Where the applicable statute provides for procedure under
the former statutes governing civil actions, such procedure shall be in accordance with these rules.
(b) Chief J ustices of the Peace. Rule 84, relating to chief justices of the peace, shall apply to all
proceedings in the justice courts, whether criminal, civil or otherwise.
RULE 83. RULES BY J USTICE COURTS
inconsistent with these rules. Copies of rules and amendments so made by any justice court shall upon
their promulgation be furnished to the Supreme Court, but shall not become effective until after
approval by the Supreme Court and publication. In all cases not provided for by these rules the justice
courts may regulate their practice in any manner not inconsistent with these rules.
RULE 84. CHIEF J USTICES OF THE PEACE
(b) Responsibilities. The chief justice of the peace in a township shall:
(1) Be responsible for the administration of court rules and regulations.
(2) Consider and rule on any ex parte applications for orders in cases which have not been
assigned.
(3) Hear or reassign emergency matters when the assigned justice is absent or otherwise
unavailable.
(4) Designate another justice to perform the duties of chief justice of the peace when the chief
justice of the peace is absent.
(5) Oversee all administrative and clerical work and functions of the court as set forth in NRS
Chapter 4.
(6) Call and preside over meetings with the other justices of that township, as often as may be
deemed necessary by the chief justice of the peace, to discuss and set policy on procedures, planning,
caseload distribution, judicial training, vacations, court improvements, personnel and any other matters
of benefit or concern to the court.
Sincerely,
Zach Coughlin, Esq.
/s/ Zach Coughlin, signed electronically.
TheundersigneddoesherebyaIIirmthattheprecedingdocumentdoesnotcontain
thesocialsecuritynumberoIanyperson.
DATEDthis21
st
dayoINovember,2011
/s/ZachCoughlin
ZachCoughlin
Reno,NV89509
MattMerlissphonenumberis:cell5305216639orhome5308939343
AttorneysIorMatthewMerliss
AFFIRMATIONPURSUANTTONRS239B.030
TheundersigneddoesherebyaIIirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberoIanyperson.
Datedthis21
st
oINovember,2011
/s/ZachCoughlin
ZachCoughlinorhisagent
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: Re: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss
Date: Sun, 20 Nov 2011 17:05:15 -0800
them?
remorse.
dollars in trash.
Rgh
RGH
areowed,someoIwhichyouorBakerhaveclassiIiedasrent,
there.
Sincerely
ZachCoughin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
** Notice**Thismessageandaccompanyingdocumentsarecoveredbytheelectronic
> Date: Sun, 20 Nov 2011 12:44:49 -0800
>
>
>
> property.
>
>
>
>
> Rgh
>
>
>
>
>
> > Sent: Nov 20 '11 04:17
> >
> itemized.
> anything
my temporary contact information
> >
> > Reno, NV 89501
> > 775 338 8118
> >
>
Sent: Mon 11/21/11 3:54 AM
My temporary address is Silver Dollar Motor Lodge at 817
N. Virginia St., Reno NV 89501. Please forward any mail
that belongs to me to that address. I have a change of
address with the USPS that is being processed, but some
mail may have made it to 121 River Rock in the
meantime. Richard G. Hill, Esq. is withholding my cell
phone, my registered contact number of 775 338 8118,
but I have a temporary cell of 775 229 6737. this email is
the best way to reach me currently. Please let me know
FW: my temporary contact information
by email asap when I can get me property from 121 River
Rock and any amounts I must pay to get at least my:
1. wallet with state issued id
2. phone
3. materials necessary to my legal practice
4. any other property.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 4:32 AM
sorry,IIorgottoincludethatmysuitenumberis#2atthe817n.
virginiast.addressthankyou.Casey,pleasemakesureMr.Hillhasa
copyoItheletteryouemailandapparentlyuspsmailedtomeon
November10,2011,about14pageslong(muchoIitDr.Merliss1027
11aIIidavit.).AtthearrestsceneIreIerencethecontentoIyour1110
11letterandMr.HillexpressedignoranceoIitscontent,andsuch
ignorancemayaugertowardsawrongIularrestliability.
Sincerleyy,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: my temporary contact information
Date: Mon, 21 Nov 2011 03:54:46 -0800
2. phone
Sincerely,
getting my property
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 1:02 PM
SincereZach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 3:13 PM
DearRJC,Ms.Stancil:
ZachCoughlin,Esq.
Reno,NV89501
andmine).
DearMr.Hill,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Date: Mon, 21 Nov 2011 14:23:24 -0800
>
>
>
RE: River rock
>
> Rgh
>
>
>
Sent: Mon 11/21/11 3:15 PM
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Date: Mon, 21 Nov 2011 14:53:03 -0800
>
unlawful rent distraint. How much do I need to pay
to get my identification, client files? How much for
other property?
>
>
> Rgh
>
>
>
>
Sent: Mon 11/21/11 4:36 PM
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
for other property?
Licensed in Nevada
Sent: Mon 11/21/11 4:58 PM
I can meet somebody over there at 5:15 pm today if that works or I could come over now and pick up a
key or something, use it and return it. Otherwise, if you will provide permission to do so, I could
probably pry off a piece of plywood myself and get into the basement and get these materials, then
hammer the plywood back in place. That would alleviate the need for a key to the upstairs for now.
You have this writing indicating I would make a good faith effort to restore the plywood to its previous
fortress like state after removing my property, and you do have the ability to call the police should I or
anyone else be found there after some appointed time. How about this, agree in writing that I can do
that today between now and midnight. If today is no good, agree to tomorrow.
So, are you refusing to give me the client files that are found only on hard drives within the desktop PC,
the laptops, the cell phone (check next to the microwave below the hanging table, next to the mattress
in the basement for the phone, which contains law practice/client files on it). I also have client files on
the Brother MFC 5490cn scanner all in one machine (near the same table in the basement). It would be
best for me to have access to the basement at least to gather the various client files. I realize you seem
to think I have barely any clients, but that is not the case. Regardless, I need their files, some are in
hard copy, some are in electronic formats on hard drives, etc. I realize you are asserting some real
need to secure the property and that you have spent some $1060 paying a contractor to do so,
however, I would love to know how that comports with your leaving the window air conditioning unit
one can see on the southern side of the house in place, with absolutely nothing preventing one from
pushing that window unit inside and entering through the window? If it helps, I can probably get by
without getting into the upstairs at all for the time being to access materials. If you allow me say no
more than 20 minutes in the basement to gather that which is exigent and or I have an immediate right
to, then I would imagine we can litigate the rest in an orderly fashion. I don't know if that includes
letting you go on vacation until December, but, its up to you. I have no intention of damaging the
property or causing Dr. Merliss trouble.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: RE: unlawful rent distraint. How much do I need to pay to get my identification, client files?
How much for other property?
Date: Mon, 21 Nov 2011 16:43:33 -0800
who is SCHIFF??
do you know?
Sincerely
for other property?
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 6:39 PM
Rich,the"papersyouwereabletogather"doesnotsoundlikeadiligent
orreasonableattemptonyourparttoinsurethatIamaIIordedaccessto
allmyclientIiles(whetherinelectroncorpaperhardcopyIormat)that
arenecessaryandIorwhichexigenciesexistrequiringyourtoallowme
accessthereto.TheclientIilesIneedarestoredonharddrivesand
scatteredaroundinpapercopyIormat,inandoutoIbinders,etc.You
aretakingbig,bigchanceswithrespecttothepotentialconsequential
damagesyouandyourclientwillbeliableIor.
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: Re: unlawful rent distraint. How much do I need to pay to get my identification, client files?
Date: Mon, 21 Nov 2011 17:14:49 -0800
hearing.
Address the issues!
RGH
tomorrow.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Date: Mon, 21 Nov 2011 16:43:33 -0800
who is SCHIFF??
do you know?
Schiff
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Tue 11/22/11 12:05 PM
Dear Mr. Hill,
Thank you for giving me my wallet, which contained my state issued identification, which you only kept
from me, despite numerous requests, including several written, for a mere 7 days, from Tuesday,
November 15th. I didn't see you there at 9:30 am this morning...
The funny thing about the one plastic bag is that it was a bag hanging on the wall, a white plastic trash
bag, approximately 18 gallons in size, that was used for trash. What is odd is that a big stack of about
500 pages of pleadings/client files were somehow deposited into this trash bag, and I know for a fact
that they were not previously in that trash bag, because the were important files, not trash. The files
got rather abused as a consequence. Of course, you still have the bulk of my client files, some of which
are in hard copy paper form, some of which are only found on the various hard drives, laptops, desktop
PC, All in One Scanner, and cellular smartphones that I informed you of and gave you specific, detailed
directions regarding howto locate in addition to making offers to help ease your burden in providing
URGENT EMERGENCY ATTENTION REQUIRED!!!!
me these materials. I really need these items, right away, important client matters, of an extremely
exigent nature are being adversely affected by the minute due to your unlawful rent distraint. Beyond
just the client files, there is law practice equipment I need right away, otherwise the consequential
damages (and any duty to mitigate on my part has been severely burdened by your failure to provide
me, one granted indigent status by the Court, with my state issued identification, which makes it hard to
rent temporary house, and, as RPD Sargent Tarter indicated to me, put me subject to being arrested
merely for not having a current address in the context of his writing a traffic ticket....). You remember
that, right, when you drove past me in my car, parked outside 33 Saint Laurence St. shortly after
Sargent Tarter left me, and you squeeled the tires of one of your many Porsches into a Daytona-esque
fenzy and did a donut out in the middle of a busy Virginia St. at rush hour, like some renegade cop
character in a Hollywood popcorn flick pursuing a cartoon villian at all costs, doubling back to your
offices parking lot, to do what I do not know....Check out that Schiff case, the one where the value of a
business (a seafood distributorship of sorts) was awarded as damages, in addition, I believe, to punitive
damages (due to willful misconduct very similar to that which you have demonstrated in the instant
case), and please reconsider your current tact, if for nothing other than your client's prospective
respondeat superior liability.
Additionally, I am still waiting for a sum certain from you in writing so I can come pay you what you feel
is required to be allowed to remove my property from Dr. Merliss's rental property under the unlawful
rent distraint approach you are currently adopting.
Sincerely,
Zach Coughlin
Sent: Wed 11/23/11 8:47 PM
IhavewrittenandcalledyouandyouroIIiceattemptingtopayyou
whatyoubelieveyouareentitledtoandbeaccordedaccesstomy
property.AmotionIoraclientoImineinvolvingwhethera$500,000
debthehasisdischargeableornothasbeensubjecttoa misseddeadline
toyourmalIeasanceandmisconductinwithholdingmyIiles,oIIice
equipment,stateissuedidentiIication,andothermaterialsbyapplying
anunlawIulrentdistraintandimpermissiblyseekingasummary
evictioninconnectionwithacommercialleaseandaleaseunder
$1,000.PleaseprovideprooIinwritingthatyouhavealertedyourcash
cowneurosurgeonclientoItheriskheistakingonunderarespondeat
superiorbasisbyyouractions.
Ineedaccesstomypropertyimmediately.Iwillpay.Whenareyou
available?
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Subject: Your stuff
> Date: Tue, 22 Nov 2011 11:45:04 -0800
>
> Mr coughlin - this confirms that you have your wallet - and whatever was Iin
> it.
> I also released two bags of papers to you.
> Don't know what is in them
>
> If you want to discuss the protocol I have laid out for you to get the rest
> of your stuff, feel free.
> It is not written in stone, but you know the parameters that you will need
> to meet.
> If you are going ramble, just make demands or refuse to recognize reality,
> don't bother.
>
>
> Rgh
>
>
>(ii) promoting marketing or recommending to another party any transaction
RE: Personal property @ river rock
>
Sent: Thu 11/24/11 11:23 AM
IwantmystuIItoday.Iwillpay,underprotest(andtobelitigated
later)theunlawIulrentdistraintandotheramountsyouaredemanding.
Icanandwillpaythepro-ratedIullrentchargeIorthenumberoIdays
thismonth.IreIuteyourallegationsthatIhaveacknowledgeanyintent
to"cherrypick"mypropertyandallyourotherbaselessallegationsand
attemptstorewritethestatutestosuityouandyourclientsdesires.to
theextentyouandyourclientarealsodemandingthis$1060chargeIor
securingtheproperty(which,Iunnilyenough,didnotincludetakingthe
southernsidewindowairconditioningunitandlockingthewindow,or
evenputtingastickorsomethingbetweenbottomslidingwindow
paineandthegaptothetopoIthesill.),Iine,Iwillpaythatunder
protesttoo.IdonotbelieveyouareentitltetoanyIurtherprooIor
securitybeyondthat.YourclientacknowledgedreceiptoIa$500
securitydeposit.IwantmystuII,now.IhaveandamoIIeringtopay
the$750proratedstoragecost(whichisclearlynot"reasonable"and
didnotinvolveanymovingorinventorying...iIyouIeelthatisnot
correct,pleaseprovideprooIoIanymovingorinventoryingor
citationtoauthorityIoryoucontentionthatIullrentalvalueoIthe
propertyisareasonable"storagecost").Totheextentyouarealso
demandingsome$1060IortheIaultyandtransparentattemptsto
"secure"theproperty,Iine,Iwillpaythatunderprotesttoo.IIully
intendtogetalloImypropertyandyouhavenobasisIorsuggesting
otherwiseorIurtherburdeningmewithyourdemandsIoradditional
security,whicharereallyjustattemptstocollectsome"backrent"you
thinkyouareowed,orwishyouwereowed,asunlawIulrentdistraint
underNRS118a.520.Pleaeletmeknowwhen,where,andhowyou
willacceptthispaymentandallowmeaccesstotheproperty.
Sincerely,
ZachCoughlin
hespeciIiedindividual(s)only.IIyouarenottheintendedrecipientoranagentresponsibleIordeliveringittothe
intendedrecipient,youareherebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview,
dissemination,copying,orthetakingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited.
> Subject: Personal property @ river rock
> Date: Thu, 24 Nov 2011 09:10:55 -0800
>
> MR. COUGHLIN - I will probably regret this email, but I just can't help
> myself.
>
> You say you want your property.
> Trust me, neither my client nor I want your property.
>
>
>
> You have acknowledged that your intention is to just cherry-pick through
> the house, and leave behind the vast quantities of trash that you have
> hoarded ( not being judgmental, just realistic - are you really going to
> take up all the carpet outside, or take all the dead TV sets & other
> "treasures" you have accumulated ??.........try to be honest just once.).
> The only security that Dr. Merliss has are the few items of objective value
> ( I assume at least some of the TV's work), and the things for which you
> are bargaining. Once he releases those items to you, he waives his security,
> giving up his statutorily granted recourse to the property you CHOSE to
> leave in the house after you were evicted. That stands against what is
> certainly going to be at least $3,500 to just clear out your unwanted
> things. That figure doesn't include back rent, fees, or other damages to the
> home.
>
> Why don't you pay what's owed - see my last email, and offer him some
> additional security? If we are wrong, and you really do take all the stuff,
> or, if we can get your leavings out more cheaply, who knows...... We will,
> of course, have to establish some VERY CLEAR GROUND RULES before you will be
> authorized to be at the property. (authorization for you to be
> there.....cops......time to get what you want...agreeing what we can start
> throwing away now....those kinds of things.)
>
> Let's try to make a deal, and stop the posturing & bluffing.
> You might want to take a look at jordan v state, 121 nev 44(2005) - that's
> where you are heading!
>
> If what you say is true, that you really do have any clients, paying or
>otherwise, you have duties to co-operate and mitigate; neither of which seem
RE: FILING READY SANCTION MOTION ATTACHED;
> to enter your thought processes. There is also the issue of your
> comparative conduct to consider. Why did you abort the hearing that you
> requested?
>
> You want your stuff?
> It isn't going to get any better than this.
>
> Try to bring yourself to deal with some realities.
>
> Rgh
>
>
>
>
>
Sent: Thu 11/24/11 1:55 PM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; shill@richardhilllaw.com;
Mr. Hill,
Though I have previously be very clear in this regard, I will do so again in writing
here. I want all of the property at 121 River Rock St. 89501 that belongs to me,
immediately. This includes property both inside, outside, above, beneath, and within
the house. I am not abandoning any of the property. I have made no indication that I
have any intent to do so, despite you attempts at screen writing in your various hunt
and peck emails to me (odd, because you usually seem to have your staff do just
about everything...are you hiding something from them, or from your client, like the
incredible liabilities you are exposing both to by getting your ego involved and
obstructing the protection of another lawyer's client's rights by applying an unlawful
rent distraint). You are known to have an extensive Porsche collection, one to match
your stone washed jeans, one to bring out the color of your eyes, etc., etc. I don't
knowwhy some people say Porches are for a "Corvette Guy" who has picked up some
heavy pretensions throughout his private schooling. What does that mean? Anyways,
I have a moving trailer and two other large men in addition to myself to help me move
my property and my client's property. I have a money order payable to you for $750
for what you allege are "reasonable storage costs". Further, I have a money order
payable to you for $1060 for what you allege are contractors charges for "securing"
the property" (how that fits into NRS 118A.460's allowance of reasonable costs for
storage, moving, and inventory you have never made clear...One would think such and
outsized "storage charge" as your charging $900 for what could fit in a 10x15 storage
shed at $100 would include any "securing", however, you apparently feel comfortable
enough in front of J udge Sferrazza to even more outlandish arguments, on top of your
associate Casey Baker, Esq.'s professional misconduct in attempting to steal $2,275,
the further malfeasance demonstrated in submitting a Memorandum of Fees and Costs
asking for $20,000K in attorneys fees (despite the preclusive effect of the previous
order in Rev20110-001492 denying the exact charges, date for date, hour for hour,
that were previously sought) based upon a section of NRS 40 that applied only to
situations where the manufacture of controlled substances was alleged and proven
(your legal staff did neither), then continuing to argue and file for attorney's fees
despite to constraints of NRS 69.030 disallowing such in a "summary eviction
proceeding" that is specifically defined as distinct within J CRCP Rule 3. Further, you
have forbid me to even get the items of United States Postal Mail at the property (in
the mailbox and beyond) that are addressed to or belogn to me. I have filed an
Official Change of Address with the United States Postal Service, however, there is
likely some period of time that mail was delivered to 121 River Rock during which the
USPS was processing the request. It is my understanding that you are legally
obligated to preserve and provide those mails to me within a reasonable time. Please
either forward them on to me at the new address that I have provided you with or
inform me in writing with respect to how and when I can obtain what are likely very
time sensitive documents related to exigent client matters. Further, you "instruction"
to have a "dumpster" parked at the property runs contrary to your demand that I not
be at the property or on it in any way under threat of your attempting to have me
arrested. I do not believe I am legally obligated to procure a "dumpster", if you feel
that is the case, please confirm that in writing, and provide some legal support for your
contention. I believe I have demonstrated compliance with all your dubious
conditions to allowing me access to my property Further, I herein reiterate and apply
retrospectively and prospectively my stated practice of not responding to each and
every allegation you make, whether in writing or otherwise, whether alleging a civil or
criminal violation, any any silence on my part or lack of response is not to be taken as
an admission or acknowledgment of whatever assertion or allegations you may have
made against me. As I expected, you have remained suspiciously silent with regard to
providing verification or details related to your highly suspect and dubiously time
allegations of a "crack pipe and bag of weed" being somewhere on the property".
You are reminded that it may be the most intelligent of assumptions on your part to
assume that anything and everything done or said at, within, or around the property is
capable of being monitored and or recorded. I am no asserting that that is the case,
but merely reminded you that it is always a good assumption to make, especially for
someone like yourself who tends to get rather "creative" when facing more than the
typical lack of opposition shown by so many pro se tenant litigants. Your reputation
precedes you, Mr. Hill. Such dubious "crack pipe and a bag of weed" assertions on
your part smell of extortion incident to your cheap imagination and attempts to
arrange for litigation in J ustice Court to be even more convenient for you and your firm
than it already is. Please respond in writing and immediately as this is an emergency.
Further, it is not at all clear how it was appropriate for the court to retain my $2,275 as
a supersedeas/appeal bond, but to no grant the stay under NRS 40.385. You have
indicated, several times, in writing that this is, in your opinion, not a commercial lease.
It that still your contention? Additionally, the recent bill for "securing" the property
from your contractor for $1060 (and which you are apparently requiring me to pay
prior to allowing me access to any of my property, even exigent client files and law
practice equipment) mentions stopping a leak to the basement. Please explain how
that relates in any way to "securing" the property or is at all allowable under NRS
118A.460 or any other law. Please withdraw such a claim both with the court and
from any demand in your "Paratgraph #4" that you are alleging is required to be paid
prior to your allowing access to the property". Further, please explain how charges for
"survey what can be salvaged" is similarly allowable as above. Explain how charges for
"install and key both side deadbolts on 11/16/11 is not redundant or unwarranted
given that the locks were changed at the time of the lockout. Basically, it appears your
contractor and you are attempting to have the court award you an unlawful rent
distraint of $1060 for nailing some plywood boards over the back porch screens, while,
simultaneously, leaving a real risk of entry to the property be leaving a window are
conditioning unit in the window on the south side of the property facing the street held
in place by nothing more than the window beintg closed down on top of it and some
duct tape. You and your contractor failed to even wedge a stick or other item between
the window and sill to prevent one from pushing the window air conditioner unit inside
or outside the house and opening the window to gain entry. There is no indication of
the amount of hours or number of workers who performed this work, alleging it costs
$1060....Perhaps there exists some video footage showing how many workers were
there and for how long. Further, in the proposed Order your associate Baker
submitted on October 27, 2011, even J udge Sferrazza demonstrated embarrassment
and a bit of awe at the audacity and scurrilous character demonstrated in your office
attempting to define the time at which the constable could perform the lockout to be
"not later than October 31st, 2011" rather than what J udge Sferrazza announced form
the bench and subsequently made an interlineation in the Order reflecting, crossing
out "later" and entering earlier and adding "at 5:00 pm".
Mr. Hill, your ominous reference to J ordan v. State, in combination with Reno Police
Department Police Officer Carter's statements that you pay him a lot of money and in
exchange he will arrest who you say to and do what you say to, in conjunction with
some other accusation that I will spare you and others at this time, when viewed with
Baker's attempts to steal $2,275 from me, your returning to the inside of your office
with Sargent Tarter and the other RPD Officer after they told me to leave and that I
would only be afforded avenues of civil redress as far as they were concernce, only to
see Sargent Tarter pull me over in my vehicle a short time later, and retaliate against
me for asserting my right to access justice without paying a subscription fee, on top of
your flagrant attempts to apply unlawful rent distraint create the need to investigate
whether you have an impermissible connection to the court. Your ominous and thinly
veiled threats related to citing J ordan v. State and your other misconduct invoke: "
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to
do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a
lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results
by means that violate the Rules of Professional Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial
conduct or other law."
Please divulge and campaign contributions you have made to J udge Sferrazza at anytime in the last 20
years, any business dealings you have with J udge Sferrazza or other matters invoked by anything
related to the Nevada Code of J udicial Conduct, the Rules of Professional Responsibility, any any other
applicable law.
"4- you can get your possessions out ANYTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS:
damaged door.
moving my property out arrangements.
will sign & return the original. that would be a good step on the road to sincerity."
Sent: Thu 11/24/11 9:54 PM
AllwecandoisourbestMr.Hill. Wecantrytogetitdoneby5pmbut
youhaven'tevensaidwhenwecanstart,justtocallby9am.Please
speciIywhatmethodoIpaymentouwillacceptaswell.Also,arethe
policegoingtostaythereallday? Areyou?AreyoudemandingthatI
consenttopayingthechargesassociatedwithhavingsomechaperone
orsupervisionatthepropertytheentiretimeIammovingmyproperty
Iromit.Ihavenotconsentedtosuchachargeatthispointanddonot
believeyouhavemadeclearwhetheryouarerequiringsuchconsenton
mypartpriortoaccessingthepropertyandwhetheryouwilldemand
writtenackowledgmentoIsuchconsentatsometimetomorrow.Are
youchargingmeIorsomeonetobethere. Pleaseletmeknowin
writingthebareminimumamountIwillneedtopayyouandwhat
manneroIpaymentyouwillaccepttoatleastletmegetmyclientIiles
thatIdesparatelyneedtoobtaininordertoavoidtheircasesbeing
prejudice.Ithinkthatismoreimportantrightnowthananythingyou,I,
orDr.Merlisscareabout,iswhetherthelegalproIessionlookslikeit
doesn'tcareaboutthosepeople.Ibelieveyourclienthasrights,but,his
isaneurosurgeonwiththeluxuryoIspending$30,000onasummary
evictionthatisjustgoingtobeappealed...ClientsoImine,likeJoniand
JohnCarpentierareIightingIoralltheyhaveleIt,andyouare
preventingmeIromaccessingtheirIiles,someareinhardcopyIorm
someareonlyonmyharddrivesonmysmartphone,twolaptops,
desktopPC,andscanner. Thescannerandprinter arenecessarytotheir
representation.Don'tassumemyclientsarejustthoseIorwhomIhave
IiledaNoticeoIAppearance,becausethatisnotthecase.Iamalso
licensedtopracticepatentlawbeIoretheUnitedStatePatentand
TrademarkOIIice.Don'tassumemyonlycasesareinWashoeDistrict
orJusticeCourt,Ihavecasesinothercourtstoo.
So,IromreceivingyourreceiptOppositiontoTenantsMotionIorReturnoIPersonal
PropertyandyourMotionForOrderToShowCaue,IhaveIortheIirsttimeseen
someoItheseemailsyousaidyousentme.WhatcanIsayiIyoudon'tbelieveme,
butsomeoItheemailsyousentinNovemberoI2011werenotsucessIully
transmittedtome,soIonlysawthemIortheIirsttimejustrecently.However,in
thoseemails,yousaidyouwouldgivememywalletandclientIileswithout
demandinganymoneyinalien,yetyouhaveonlyprovidedmywallet,andabagoI
trash,andabagwithabout1percentoImyclientIiles....YouseemtobereIusingto
providememyclientIiles(ortheirIilesdependingupontheinterpretationoI
whethertheattorneyorclient"owns"theIile)unlessIpayyouthiscontractor;s
$1,060chargeIor"securing"apropertythatyouarealreadyassertingIowe$900a
monthIorstorageIeeson. Itseemstomethat$900 amonthshouldincludeditbeing
reasonablysecure.Further,IamnotsurethepropertyiszonedIorbeingastorage
Iacilityormeetscodeinthatregard.
So,pleasedoconIirminwriting(thoughIbelieveareviewoIyouremailswillshow
thatyoualreadyhave)thatyouarereIusingtoallowmetoaccess,copy,take,or
otherwiseobtainmyclientIiles,manyoIwhicharenecessarytorepresentingthese
clientsinmattersoIanextremelyexigentnature.ItismypositionthatyouIailedto
returnmyattemptstoarrangetogetmypropertyoutnearthebeginningoI
November,seeminglyinanattempttorunup"storage"Ieesorcosts....Thenyour
oIIiceallegedthatIcouldnotobtainmypropertyuntilIpaidyouvariousmoniesyou
assertedowingundera"lien"includingtheimpermissibleattorney'sIeesawardyou
wereabletogetJudgeSIerrazzatosign,andwhichspeciIicallyindicatedthatIdid
notIileaoppositiontoyourMemorandumoIFeesandCosts,despitetheIactthatI
didandthatJudgeSIerrazzagrantedmetheopportunitytodosoandsuggestedIdo
soattheOctober7,2011hearing(availableoncd),IdidIileanoppositiontheretoon
October7thor8th,andstilltheimpermissiblesanctionsorderwassignedonOctober
9th,2011....Anywayys,pleaseletmeknowiIIamwrongbutmyunderstandingoI
yourrentdistraintdemandsisthatyouwillnotallowmetoaccessanyoImyormy
client'spropertyuntilboththeprorated"storage"costsoI$900permonthplusthe
contractors$1,060(whichhisreceiptincludeschargesIorIixingaleakinthe
basement,notsurehowthatatallrelatesto the"reasonablestorage,moving,and
no one is answering the phone
inventoryingcosts?)andIdemonstratean abilitythatyouhavevaguelyelucidatedto
movetheentirebalanceoIallpropertythatismineanywhereonthepremisesbeIore
5pmtomorrow,thoughouhavenotindicatedatwhattimeoIthedayIwillbe
allowedtostartaccessingsuchproperty,andIurther,youarerequiringthatIremove
allthepropertylocatedontheexterioroIthehousepriortobeingallowedtoaccess
anyoIthepropertyonthehome'sinterior.IhavereadyourwritingscareIullyand
amconIirmingmyunderstandingoIthemhere,pleaseletmeknowiIIhaveanything
wrongandalsopleaseknowthatanyperIormanceoItheseconditionsonmypartis
nottobeconstruedasawaiveroIanysortoranacceptanceoIthelegalityoIyourso
imposiingthemandthatIIullyintendtoseekredressinacourtoIlawagainstboth
youpersonally,yourlawIirm,yourclient,andperhapsothersIorwhatIIellisan
impermissibleattempttosubvertthelaw andapplyanimpermissiblerentdistrainton
yourBeverlyHillsbredneurosurgeonclient'sbehalI.
Sincerely,
Sent: Fri 11/25/11 10:24 AM
To: Richard Hill (rhill@richardhillaw.com); shill@richardhilllaw.com; cdbaker@richardhillaw.com;
1 attachment
11 25 11 faxed letter to hill.pdf (44.7 KB)
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
MymotherisintearsbecausemanyoItheaudio,video,and
photographsshegavemetotransIertoadigitalIormatwheretheonly
copythatexists,andrelatetohercherishedmemoriesoIherandher
children'schildhood,andwhicharenowbeingheldhostagebya
PorschecollectingprivateschooledattorneyandhisBeverlyHillsbred
neurosurgeonclient.WillametteUniversityislocatedinSalem,which
isironicconsideringthatratherthanhavethegutstocompetehonestly
inthislitigation(ratherthanresortingtheadhominemattacksandthea
variousextralittleadvantagesyouneed-youknowhatIamtalking
about),Mr.HillpreIerstothrowawitchtrialorwitchhunt,
completewithpropslikeacrackpipeandbagoIweed,turning
utteringonceawordthatcanbe,pertheFCC,saidinprimetimenow
ontelevisionintoshoutingobscenitiesonthephoneandupanddown
theblock,etc.,etc.
MyexgirlIriendisintearsaswellgivensomeoItheextremely
sentimentalandorpersonalitemsthatMr.Hillisnowassertingarehis
property,todowithwhateverhepleases,andtoviolateherprivacyin
whateverwaybringshimpleasure.Mr.Hill,Idisagree,Idonotthink
youcansellthosevideosorshowthemtoyourbuddies,Ibelievethat
wouldbeaviolationoIseverallaws,andethically,well...whoamI
kidding,appealstoyour"ethics"arecertainlytimemisspent.Please
providespeciIicinIormation relatedtowho,what,where,andwhenyou
allegedthis"crackpipe"wasIoundattheresidencePleaseemailmea
pictureoIthisalleged"crackpipe".Further, pleaseexplainwhyabagoI
oreganohasbeencharacterizedasa"bagoIweed"andwhyyouput
suchanaccusationonpapers,Iiledwiththecourt(andwhichalso
includedwhatpurporttobesomeone'ssocialsecuritynumberand
dollarIiguresinconnectionwithsettlementnegotiations),andindicate,
inwriting,whatNRCP11compliantstepsyouoryourIirmtookto
ascertainwhetherornotyourallegationswerebaselessornot.
Further,Hill'sDeclarationcontainshearsaycitinganyunnamed
contractorsallegationthat"alargequantityoIpills"wereIoundatthe
residence,butneitherindicatingwhetherthese"pills"wereclearly
labeledvitamins,wereanon-addictiveprescription,etc.,etc.Please
provide the name oI the declarant incident to the hearsay Mr Hill
enteredintothepublicrecordinin112111DeclarationandanyNRCP
11compliantstepsyouroIIicetooktoavoidsuchinclusionbegin
undulyprejudicial.
IdidnotsayIwouldn'tpayyourrentdistraintransomtoday,under
protest,oIcourse.Now,youreIusetoanswerthephone,andhave
threatenedtohavemearrestediIIappearanywherenearyourproperty.
YOUREMAILOFNOVEMBER18,2011AT6:52AMREADS"my
oIIertoretrieveyourwalletisstillopen,anditextendstoour"client
Iiles,"...".AssuchIAMDEMANDINGACCESSTOMYCLIENT
FILES,MANYOFWHICHAREFOUNDONLYONTHEHARD
DRIVESOFTHE2LAPTOPS,THEDESKTOPPC,THESCANNER,
MYDIGITALCAMERAS,MYSMARTPHONEASWELLAS
THOSETHATAREFOUNDONLYINHARDCOPYFORMATEIN
ANDOUTSIDEOFBINDERS.
"Partagraph(sic)5"inyourNovember17,2011emailindicates"we
thinkthatoiarecorrect,thejustice'scourtawardoIcostsshouldbe
vacated"...Ihaveinquired,inwriting,astowhetheryoumeanIorthe
$1,500worthoIimpermissibleattorney'sIeestobeawardedinwhatis
Isanybodythere?Ikeepcallingbutnooneanswersandthemessage
machineisnotone.IdidtalktoMr.HillIoralittlewhiletoday,but
prettymuchallthathewould conIirmisthathewasstillinsistingonthe
conditionsthatincludedtakingalloutsidepropertyawayIirstbeIore
beingallowedinsidethepropertyat121RiverRock,heaIIirmedthatI
wouldneedtopaythe$1060unsigned"contractors"bill,andRich
aIIirmedthatthebillwasbasedinlargeparton"Iixingaleaktothe
basement"andthatsuchaleakdidnothavemuchoIa connectiontothe
reasonablecostsIor"storage,movingandinventorying"myproperty,iI
any.FurtherRichaIIirmedthathewasnowrevokingheearlier,written,
andIiledwiththecourtunderpenaltyoIperjury,statementthathe
RE: HERE'S THE DEAL
wouldnotrequireanypaymentIoranythingpriortoallowingmeaccess
toalloImyclientIiles.Richstatedthathewasan"oldIashionedguy"
anddidnotbelieveclientIilescouldbeinadigitalIormatandthathe
"didthebesthecould"togetmemyclientIileswhenhe"grabbedabag
oItrashoIIthewall"andgaveittomewithmywallet.Clearlyitdid
notcontainmyclientIilesanyMr.Hillisonlyembarrassingthelegal
proIessionandprejudicingMr.Coughlin'sclient'scasesallthemore,
andprobablyjustsohecanbuyanotherPorschetoaddtothemany,
manyPorcheshealreadyowns.Perhapsthatmoneywouldbebetter
spentbyMr.Hilltakingsomecontinuinglegaleducationcoursesin
proIessionalismandcivility.PleaseletmeknowwhenandhowIcan
getmypropertyandmyclient'sproperty,eveniIitincludespaying
Sincerely,
ZachCoughlin,Esq.
Sent: Fri 11/25/11 10:27 AM
To: Richard Hill (rhill@richardhillaw.com); knielsen@richardhillaw.com
Mr.Hill,
IbelieveyouarerequiredtowithdrawasattorneyoIrecordiIyou Ieel
sobotheredthatyouareresortingto"stalking"histrionics.Obviously,
anopposingpartyisentitledtogotoyouroIIicetoservepaperson you,
etc.ReasonableinvestigationmayinvolvecontactwithyourstaII.II
youcan'tstomachthat,thenjustletmeknowwhoDr.Merliss'snew
attorneyisandIwillproceedaccordingly.
rivacyAct,18U.S.C.2510-2521,andmay containconIidentialinIormationintendedIorthespeciIiedindividual
(s)only.IIyouarenottheintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,you
areherebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,or
thetakingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited. 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.
> Subject: FW: HERE'S THE DEAL
> Date: Fri, 25 Nov 2011 09:50:42 -0800
>
> Mr coughlin - I sent you the emails below because you said you wanted to
> pay, albeit under protest, that you had a crew & vehicle & wanted to get
> your stuff.
>
> Now, you change your story & are back to your mantra...."give it to me for
> free"
> Part of the reason I could not find what you claim are client files, is
> because you would not cooperate, and your living quarters in the basement
> were not exactly conducive to any kind of organiztion
>
>
> At this point, all offers are revoked.
>
> Apparently, you will need to be seeing the judge, because you are clearly
> more interested in hassling than in getting on with life.
>
> Stay away from my office & me.
> Do not call.
> You are stalking me & my staff.
> STOP IT!
> rgh
>
> From: Richard Hill [mailto:rhill@richardhillaw.com]
> Sent: Friday, November 25, 2011 9:17 AM
> To: 'zachcoughlin@hotmail.com'
>
> MR COUGHLIN - WITHOUT YOUR CONFIRMATION OF A DEAL, THERE IS NO DEAL.
> Stay away from that house !!!!
>
> Subject: HERE'S THE DEAL
>
> Mr. Coughlin - these are the terms under which you will be allowed onto the
> river rock property and into the house for TODAY & today only.
>
> THESE TERMS ARE NOT OPEN TO NEGOTIATION - AT ALL
>
> 1- you said you had cashier's checks to pay for the lien fees. They must be
> payable to me and drawn on a recognizable local bank.
> If not, then cash, but that complicates things, and that cuts into your
> time.
> The amount is $1,060 for the necessary repairs to secure the property after
> your repeated break-ins.
> Also, $30/day for storage. Today is the 25, that means you pay for 24 days (
> $30 x 24 = $720) TOTAL --$1,780. we understand that you contest the lien.
>
> 2- the above figure takes you at your word that you will use your best
> efforts to remove as much of your property from the premises as possible
> today. If you make reasonable progress, reasonable accommodations will be
> made to allow you further access.
>
> 3-NONE of the security points at the home are to be disturbed -AT ALL.
> THIS SPECIFICALLY MEANS THAT THE BOARDS ON THE BACK PORCH REMAIN & ARE NOT
> TAMPERED WITH, REMOVED, OR COMPROMISED IN ANY WAY.
>
> 4- you will have your crew and vehicle for transport of your goods there at
> 9 a.m. No crew or inadequate vehicle - no deal.
> Your & your agents' authorization to be at the property expires at 4:45p.m.
> TODAY. That means that you and they will be gone by that time.
> You & they agree not to come back to the property without prior
> authorization.
> You and your agents will print your names and sign & date a copy of this
> email which will be given to me BEFORE you get into the house
>
>
> 5-BY SIGNING BELOW, YOU AND YOUR AGENTS HEREBY RELEASE DR MERLISS (HIS
> TRUST), ME & MY FIRM, IN ADVANCE, FROM ANY AND ALL INJ URIES, FROM ANY
> SOURCE & OF ANY KIND, ARISING OUT OF YOUR OR THEIR PRESENCE ON THE PROPERTY
> TODAY OR IN THE FUTURE ( ASSUMING FUTURE AUTHORIZATION FOR SAME). YOU,
> PERSONALLY, AGREE TO INDEMNIFY US FROM ANY SUCH LOSS, COST OR DAMAGE,
> INCLUDING FEES.
>
>
>
>
> BY SIGNING BELOW, YOU AGREE TO ALL OF THE FOREGOING
>
>
> PRINT NAMES
so sue 6, like a g6
> DATE
> SIGN
>
> Finally, your computer & 2 laptops, that were previously placed in storage,
> will be released when your compliance with the foregoing has been verified.
>
> Please confirm your agreement
> Do I need to have the cops there??
>
>
> 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 you have
> received this message in error, please notify the sender and delete the
> email message from your system. Thank you.
>
>
Sent: Fri 11/25/11 12:41 PM
ranksalltheway,Swope,RenoHigh,UNR, UNLV...nobodypattedmy
youdoisspecialandrigthegamessoyouwineverytime.Youralleged
photographingyourlicenseplatesistelling...Howareyougoingtohave
Iocusingandyourscriptguyisnotanswering?** Notice**Thismessageand
Date: Fri, 25 Nov 2011 11:07:21 -0800
you continue to lie
landlord's lien.
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
theblock,etc.,etc.
contractorsallegationthat"a large quantityoIpills"wereIoundatthe
providethenameoIthedeclarantincidenttothehearsayMr.Hill
undulyprejudicial.
your larceny or conversion
Sincerely,
ZachCoughlin,Esq.
Sent: Fri 11/25/11 12:58 PM
not true
Sent: Sat 11/26/11 10:16 PM
To: Richard Hill (rhill@richardhillaw.com)
Mr.Hill,nosuchstatementsweremadetotheRPDinIacttheremaybe
tapeshowingthecontrary,IdidinIormtheRPDthatyoudidIinally
givememywalletandthestateissuedIDthatitcontained,aboutone
weekaIterIbeganrequestingitIromyou.IIsomeoneIromtheRPDis
tellingyouIsaidyouwerestillwithholdingmywallet,theyare
incorrect,and,likeIindicated,theremaybetapeprovingthat.I
believeyouarecurrentlywrongIully withholdingmyclientIiles.IIyou
Ieelyourdutytoyourclientincludesalienontheelectronics,thenhow
aboutallowngmetocopytheIilessotheclientsarenotprejudiced,and
tell me how my blank blank
youcanretaintheelectronicsuntilaIinalresolutionisissued.
However,asIhavementionedtoyou,Idonotbelieveyouhavealien
toanypropertythatwasnotonthepropertyatthetimeoItheillegal
lockout,butwhichwasatthepropertyonNovember13,included
amongstsuchitemsaremysmartphones,keys,harddrives,andother
electronicsandIiles.YouarewrongIullywithholdingthepropertyoI
another,asIarasIamconcerned,withanintenttodeprive.Further,
thiswasamixeduselease,bothcommercialandresidential.Youmay
havesomesurprisesinstoreIoryouwithrespecttothebusiness
requirementsyouseemtobeleaningon.Further,Inoticetheoutdoor
IoammattressismissingIromtheporch. Do you happen to know anything
about that? You have failed to respond to my demand for specifics regarding the
"crack pipe" you allege you found, neither indicating whether it was found inside or
outside the house at the property.
Sincerely,
Zach Coughlin
Press ENTER to look up in Wiktionary or CTRL+ENTER to look up in Wikipedia
Sent: Mon 11/28/11 4:35 AM
To: Richard Hill (rhill@richardhillaw.com); shill@richardhillaw.com; cdbaker@richardhillaw.com;
Look,guy,youareopposingcounselonthiscase,you needtobe
capableoIacceptingacalltwo.Jesus,gotakeabathinyourmoneyor
somethingiIyouarethatshakenup,it'llmakeyouIeelbetter.Youare
theonewhowithheldastateissueddriver'slicenseIoroneentireweek
despitenumerousdemands,includingwrittendemands,thatyou
relinquishit.Youaretheonewhomadeseveralwrittenattestationsthat
hewouldprovidetheclientIilesIormylawpractice,thensuddenly
reIusedtodoso,thentriedtomakeupsomebaloneyabouthowsome
bagoItrashyougrabbedIrom121RiverRockSt.weremy"client
Iiles".YouareembarrassingthelegalproIession,Mr.Hill.Igots
client,myman,andoneoIthemjusthadadeadlinetoIilean
OppositiontoMotiontoAmendComplaintthatwasperhapsblown,
writing Acting Court Administrator pursuant to N. S.
Ct. landlord tenant forms instructions
involvinga$500,000claim,anditwas,perhaps,blownduetoyour
malIeasance.YouhavenotprovidedwrittenprooIoIyourhaving
procuredinIormedconsentIromyourclientrespectingtheseoutrageous
chancesyouaretakingwithhisliability.Hell,hedidn'tevenseemto
beawarethatJusticeCourt101saysnoattorney'sIeesinSummary
EvictionProceedings!
ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacyAct,18U.S.C.
2510-2521,andmaycontainconIidentialinIormationintendedIorthespeciIiedindividual(s)only.IIyouare
nottheintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,youareherebynotiIied
thatyouhavereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,orthetakingoIany
actionbasedonthecontentsoIthisinIormationisstrictlyprohibited. This message is confidential, intended
> Subject: Do not call my office
> Date: Sun, 27 Nov 2011 13:29:52 -0600
>
> Mr coughlin- do not call my office. My staff has been instructed to hang up if you call you will confine
your communications with me & my staff to writing.
>
> Rgh
>
> Sent from my iPhone probably while diving.
> RGH
>
Sent: Tue 11/29/11 12:37 AM
To: craig.franden@washoecourts.us; cfranden@mail.co.washoe.nv.us; Richard Hill
DearMr.Franden,
TheNevadaSupremeCourtonlinelandlordtenantIormsandLandlord
TenanthandbookdirectmetowriteyouandinquireastowhetherI
needmakesomepayment,aIeeorbondorotherwise,toIurthermy
appealalong.MyEmergencyMotionIorStayhasnotbeenruleonin
withholding my mail
CV11-03051involvingtheSummaryEvictionIrommyhomelaw
oIIice(which,indcidentallyalsohouseanotherbusinessoImine)under
aleasethatallowedIorbothresidentialandorcommercialuses.The
NevadaSupremeCourtlandlordtenanthandbookindicatesthat
SummaryEvictionsarenotevenpermissibleincommercialleases...
http://www.ccwashoe.com/public/ckpublicqrydoct.cpdktrptIrames?
backtoP&caseidCV11-03051&begindate&enddate
PleaseletmeknowiIImustmayanymoniesintothecourtatthistime,Iorany
reasonatall(whetheraIilingIee,bondoIsomesort,orotherwise).
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
** Notice** Thismessageandaccompanyingdocumentsarecoveredby theelectronicCommunicationsPrivacy
takingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited.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: Thu 12/08/11 3:25 PM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com; shill@richardhillaw.com;
sgallagher@richardhillaw.com; knielsen@richardhillaw.com
DearLawOIIiceoIRichardG.Hill,
12 20 2011 hearing under NRS 40.253(7-8) falls
after Hill's 12 19 2011 deadline, statute requires
hearing be set sooner NRS 40.253(7)-(8)
Youareallegedlywithholdingitemsaddressedtomethatweresentin
theUnitedStatesMail.SomeoIthesepiecesoImailinvolveimportant
andexigentclientmatters.Additionally,youroIIicereIusedtoreturn
mystateissueddriver'slicenseIortheentireperiodbetweenNovember
15th,throughNovember22nd,whichisanothercriminallawviolation,
Ibelieve.IdonotbelieveyouhaveanybasisIoralienontheseitems.
Further,youarewithholdingitemsoIminethatwerenotattheproperty
atthetimeoIyourillegallockout. YouhavebeeninIormedastowhat
theseitemsare,andIbelieveyouareguiltyoIacriminallawviolation
Iorwithholdingthem.Pleasemakethemavailabletomeatonce.
Pleasedonotattempttomakephonecallsorvoicemailstome.Please
communicatetomeonlyinwriting.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
fax: 949 667 7402
Sent: Thu 12/08/11 9:18 PM
sgallagher@richardhillaw.com; kstancil@washoecounty.us; stuttle@washoecounty.us
2 attachments
12 8 11 letter to Richard G. Hill re contest personal property lien.pdf (110.8 KB) , LT Coughlin
(disp of pers ppty - with encl)(12-2-11)[1].pdf (86.4 KB)
Zach Coughlin, Esq.
Reno, NV 89501
Tel: please only communicate in writing
Fax: 949 667 7402
Law Office of Richard G. Hill, Esq. and Casey Baker, Esq.
652 Forest St.
Reno, NV 89503
December 8, 2011
As you know, the Court has decided to set another hearing in that Regard for December 20th, 2011 at
9:45 am. However, and very, very curiously (again!) the RJ C could only set the hearing (despite the
statutory requirement in NRS 40.253(7)-(8) that is occur within 10 days of the filing of my Motion To
Contest Personal Property Lien) for December 20
th
, 2011 at 9:45 a.m. As such I am left in the
untenable situation of allowing your artificial deadline to pass, at which point you will, according to your
own written words, firesale mine and my client's property, do the same with property at 121 River Rock
which belongs to others, and just generally destroy heirlooms, keepsakes, office equipment, mattress
business equipment and other materials. I AM HEREBY REQUESTING IN WRITING A WRITTEN
STIPULATION FROM YOU AGREEING TO EXTEND THE PERIOD YOU LAID OUT IN YOUR
DECEMBER 2, 2011 LETTER TO ME BY WHICH YOU ASSERT, AT PAGE 2 PARAGRAPH 1, THAT
THE FINAL DAY ON WHICH YOU WILL BE ALLOWED TO ENTER ONTO THE rIVER rOCK
PROPERTY PURSUANT TO THIS OFFER IS MONDAY, DECEMBER 19, 2011... Please agree to
retract your artificial December 19, 2011 deadline and place any new deadline out at least 5 days after
any ruling on the Motion to Contest Personal Property Lien by the Reno J ustice Court, pursuant to the
hearing on that Motion currently set for December 20
th
, 2011 at 9:45 a.m. I FURTHER RESERVE ALL
MY RIGHTS TO CONTEST OR PURSUE MY RIGHTS UNDER THE DEFAULT THAT SHOULD HAVE BEEN
ORDERED AGAINST YOU PURSUANT TO YOUR FAILUR TO APPEAR AT THE NOVEMBER 22ND, 2011
HEARING PREVIOUSLY SET IN THIS MATTER AND FURTHER RESERVE ME RIGHT TO SEEK REDRESS
FOR THE FACT THAT (ASIDE FROM WHATEVER THE NOVEMBER 22ND, 2011 HEARING WILL BE
DEEMED) THE RENO J USTICE COURT FAILED TO HOLD A HEARING IN RESPONSE TO MY MOTION IN
COMPLIANCE WITH THE SPECIFIC DICTATES FOUND IN NRS 40.253(7)-(8), INCLUDING, BUT NOT
LIMITED TO, HAVING THE SHERIFF AFFECT SERVICE OF NOTICE OF SUCH HEARING.
I received your shameless December 2, 2011 letter in the mail "Re: Disposal of personal property left at
121 River Rock, Reno, Nevada". I dispute all contentions or allegations it contains. As I have previously
indicated, though, I am under no duty to do so, given your propensity to attempt to bury the truth in
lies and all the time sapping that would have on me should I agree to register my contentions or
disagreements with your attempts to practice law. You have failed to provide any proof of any
"inventorying" done on your part or any itemization of charges incurred in relation to such inventorying.
Further, you have been served a filing ready NRCP 11 motion incident to your pernicious attempts to
include the contractor's bill of $1060 (which includes an entry for "fixing leak in the basement",
something for which, there is no reasonable nexus to NRS 40.460's dicate calling for reasonable costs
for "inventorying, moving, and storage). Given that you have already sent me written bills and demands
for rent, starting November 1, 2011 (something for which Richard Hill lied to the RPD Officers about at
the time of the arrest for alleged trespass on November 13th, 2011, Officer Carter, RPD, etc.).
Further, I showed up to the hearing pursuant to NRS 40.253(7)-(8). You failed to. There is not issue as
to staleness, but rather why a default judgment should not have issued in my favor pursuant to your
failure to appear for the hearing. Further, the 10 days called for in NRS 40.253(7)-(8) (I would cite it
here for you, but prefer to see if you can be bothered to actually look up and read that section for the
first time all by yourself) certainly are calculated in a different way than however it is you came to the
determination that My Motion to Contest of November 16, 2011 was "stale".
Further, as found on page 2 of your December 2, 2011 letter, "the terms and conditions for you to
So, under NRS 40.253(7)-(8) even should your "stale" argument hold water, I still have 20 days from
the date you provided written itemization of your charges to move for another hearing to contest your
unlawful rent distraint attempt on a commercial business where you filed only a No Cause Notice of
Eviction (oops!), using a damn form, no less, while billing $20,000 to your client, er, I mean to contest
THE 21 DAY SAFE HARBOR PERIOD IS DUE TO EXPIRE SOON WITH REGARD TO YOUR MAINTAINING
THIS EVICTION UNDER NRS 40.253 DESPITE YOUR EXPRESS WRITTEN ADMISSION THAT IT
INVOLVES A COMMERCIAL LEASE AND MERELY A NO CAUSE NOTICE OF EVICTION/UNLAWFUL
DETAINER. THE LAW IS CLEAR IN THIS REGARD, HOLDING THAT NO CAUSE EVICTIONS ARE NOT
PERMISSIBLE AGAINST COMMERCIAL TENANTS WHERE FAILURE TO PAY RENT IS NOT ALLEGED.
ALERT THE COURT TO YOUR TRANSGRESSION IMMEDIATELY OR PREPARE TO DEFEND AGAINST
YOUR VEXATIOUS TACTIS. FURTHER, PLEASE PROVIDE PROOF THAT YOU RECEIVED YOUR MD
CLIENT'S "INFORMED CONSENT" WITH RESPECT TO THE VARIOUS RISKS YOU WERE DRAGGING HIM
THROUGH INCIDENT TO YOUR "WRONG SITE SURGERY" OF A LEGAL NATURE, ie, seeking a No Cause
Eviction against a commercial tenant, asking for attorney's fees and running up a $20,000 attorney's
fees bill within a type of proceeding, a Summary Eviction Proceeding a la NRS 40.253, that is expressly
included amongst those matters in Nevada's J ustice Court (J CRCP 3) that do not allow for a prevailing
party award of attorney's fees.
Further, you have apparently been giving away commercial property of mine, including materials related
to the mattress business located as 121 River Rock St. Do you want to guess whether or not I have a
video tape of anyone attesting that you did, in fact, give them a mattress, or do anything else? You
know, under Schiff, you, and your client, can be held valuable for the entire value of either business in
damages under the wrongful eviction and other tort/contract based theories of recovery that will be
included in the lawsuit against you, as resulted in the wrongful eviction of a seafood distributor
in Schiff, to the tune of some $300,000, if memory serves. That may extend to personal liability with
respect to your various employees. FURTHER, YOU ARE ALLEGEDLY BOTH WITHHOLDING AND
DENYING MY ACCESS TO ITEMS MAILED TO ME, MY LAW PRACTICE, OR MY MATTRESS BUSINESS IN
THE UNITED STATES POSTAL SERVICE, A VIOLATION OF FEDERAL LAW. I DEMAND YOU MAKE THESE
ITEMS AVAILABLE TO ME AT ONCE.
You are allegedly withholding items addressed to me that were sent in the United States Mail. Some of
these pieces of mail involve important and exigent client matters. Additionally, your office refused to
return my state issued driver's license for the entire period between November 15th, through November
22nd, which is another criminal law violation, I believe. I do not believe you have any basis for a lien on
these items. Further, you are withholding items of mine that were not at the property at the time of
your illegal lockout. You have been informed as to what these items are, and I believe you are guilty of
a criminal law violation for withholding them. Please make them available to me at once. Please do not
attempt to make phone calls or voice mails to me. Please communicate to me only in writing.
Sincerely,
Zach Coughlin, Esq.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
fax: 949 667 7402
Sent: Wed 11/02/11 12:45 AM
HiGuys,
neurosurgeonIromBeverlyHills,waslessthantruthIulonthestandthe
conductaninspectionpriortoprovidingwrittennoticeoIthatintent
andorwrittennoticeoIanyorderallowingsuchaninspection(and,
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Wed 11/02/11 1:21 AM
Merliss,landlord
v.
Coughlin,Tenant
REV2011-001708
1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A
dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health,
doors.
knives of glass
good working order.
good working order.
pictures of, etc.
mold spores
(Added to NRS by 1977, 1336; A 1999, 1229; 2007, 1284)
1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a
tenancy, refuse to renew a tenancy, increase rent or decrease essential services required by the rental
agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code
applicable to the premises and affecting health or safety to a governmental agency charged with the
responsibility for the enforcement of that code;
complained of "noxious weed ordinance" and indicated that tenants seems to remember calling Reno
Direct about it....prima facie showing, must assume assertions to be true, not make ruling on whether or
not they are....void judgment
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a
violation of this chapter or of a specific statute that imposes a criminal penalty;
yep, lots of violations evinced in email correspondences to landlord, toilet, window, stairs, deck floor,
back stairs, patio floor in back, ceiling light, disposal, moldy insulation, broken slat of wood on back deck
(c) The tenant has organized or become a member of a tenants union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or
arbitration in which the tenant raised an issue of compliance with the requirements of this chapter
respecting the habitability of dwelling units;
well, this will be interesting, now, do you recall whether I filed or argued authority to support the
contention that "instituted" and or "arbitrated" fit nicely with the facts in the present case? Check your
records. Your guy both brought and threatened to bring an action against me, I defended against that
threat and instituted my own by sending a litigation demand letter to him...
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord,
after the tenant enters into the rental agreement, which requires the landlord to wait until the
appropriate time has elapsed before it is enforceable against the tenant; or
I refused to consent to a unilateral changed in the 48 hours written notice requirement prior to
inspection sought by Merliss.
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a
fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive,
or the Fair Housing Act of 1968, 42 U.S.C. 3601 et seq., or has otherwise exercised rights which are
guaranteed or protected under those laws.
yep, I complained in writing to your guy about his discriminating against me for being entitled and his
clear pattern and practice of preferring docile Hispanic tenants and workers
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies
provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
Your action lack a basis in fact or law. This writing is a filing ready motion pursuant to the 21 day safe
Rich billing for reviewing "huge" stack of emails but
failing to reflect rent deductions in late itemizing
harbor provisions of NRCP 11. Please cure your transgressions and retract and committed or
contemplated lock out or attempts to arrange for an eviction Order to be entered.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Fri 11/11/11 12:49 AM
To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com (rhill@richardhillaw.com)
Hi Guys,
I have been having some technical difficulties, 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 efiler 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 bang up milking job
on thos headstrong rich client of yours...smell the flowers a little. For instance, you don't want to do an
Should i continue copying your associate
FILING READY SANCTION MOTION ATTACHED;
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 stuff,
and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates justice court matters
into 3 types, and 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 substances
manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJ C 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 film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some
response from you guys about accesing my important files 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 office, it was hard to hear through all
the cooing. Anyways, I aren't that smart, but dontcha have to like store my possessions after movin'
them somewhere safe, the make a reasonably diligent attempt 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 lil research projects, but I am busy fleshing out some motion work right now, so
maybe you get on that and let me know when and where I can get my things and valuable client files,
hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you
and Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets
dirty doing the gutters, but you guys have a nice lil batman robin thing going and it would be a shame
to see it end, so let's just try and make this work.
Sent: Sat 11/12/11 11:34 PM
To: cdbaker@richardhillaw.com (cdbaker@richardhillaw.com); rhill@richardhillaw.com
On correspondence 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 atty, 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 little involved...
Sent: Wed 11/16/11 5:20 PM
Dear Richard and Casey,
This is not a joke. I have written and called and made requests for a time and place to get my property. It
seems that you are perhaps trying to run up some impermissible "storage fees". 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 stuff. Please do not destroy or fail to account
for any returned to sender or otherwise "undeliverable" messages you may have received for any emails
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. Hill, 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 electronically,
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.
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, the legal basis for such a demand, and all other pertinent
information in that regard. Further,
Sincerely,
Zach Coughlin
11/12/11
Hi Dick and Casey, I wish you guys would respond to my attempts to get my stuff...i imagine you have
done an illegal lockout at this point probably tryn' get atty fees even though this was not a civil action
under NRS 69.030 see J CRCP R 3 for bthe 3 distinct types of cases in 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 landlords duty re personal property. But first you
guys have to respond to my requests to at least let me get the really urgent property much less all of it.
I mean, dont you want to rent the place out should a duty to mitigate be applied towards your client? Of
course should the stay be granted, i would need you to get everything ready for me quickly so my high
stakes law practice doesnt incur even more consequential damages...matsoyacick for your mitig
duty...lease provide me written notice of when you agree to quit illegally holding my personalty if that
what you are up to now....you now landlord 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?"
Further, the undersigned sent a written correspondence to Baker and Hill on approximately November
12th wherein a "litigation hold noticed" was placed upon Baker and Hill respecting whether any such
emails Hill allegedly sent the undersigned were returned to Hill as undeliverable. Regardless, the
undersigned can attest that no emails such as those reference by Casey Baker were received from
Richard Hill as of November 12th, 2011. Hill and Baker have been negligent in allowing an attorney
access to important client files, and further have potentially broken the law with regard to making
written statements that they were billing the full $900 rental value of the property to the undersigned,
even after any eviction they sought to enforce, perhpas even through an illegal lockout, depending upon
the interpreation of the term "receipt" of any such lockout order within "24 hours"...whether that
is "judicial hours" or not is debatable.
Merliss v Coughlin rev 2011 -001708
CHAPTER 69 - COSTS
NRS 69.030 Prevailing party allowed attorneys fee to be taxed as costs in justice
court.NRS 69.040 Costs must be included in judgment; cost bill; motion to retax
costs.
NRS 69.050 Award of costs to prevailing party by district court on appeal from
justice court.
_________
1. The justice may in all cases require a deposit of money to cover costs of court before
issuing the summons.
corporation, upon motion of the opposite party at any time before final judgment such
nonresident shall be required to give security for all costs and charges that may be awarded
against the nonresident plaintiff. When such security shall be required from a nonresident
plaintiff all proceedings in the action shall be stayed until an undertaking executed by two
or more persons and approved by the justice shall be filed with the justice to the effect that
they will pay such costs and charges as may be awarded against such nonresident plaintiff
by judgment or during the progress of the action. The undertaking shall be in a sumnot less
than $100, or in lieu of the undertaking the nonresident plaintiff may deposit $100 in lawful
money with the justice, which shall be held subject to the conditions mentioned in this
section for the undertaking. When such security shall be ordered from a nonresident
plaintiff, it shall be furnished within 30 days from notice of the order, or upon failure to
furnish such security, judgment shall be entered for the defendant.
3. A new or additional undertaking or deposit of cash may be ordered by the justice at
any time upon proof that the original undertaking or deposit is insufficient and proceedings
stayed for a nonresident plaintiff until the same be furnished or judgment entered. After the
lapse of 30 days from notice to a nonresident plaintiff that security has been ordered as
required by this subsection and upon proof that no such undertaking or deposit of cash has
been made, the justice shall enter judgment against such plaintiff.
[1911 CPA 870; A 1917, 424; NCL 9359]
NRS 69.020 Prevailing party entitled to costs. The prevailing party in justice courts is
entitled to costs of the action, and also of any proceedings taken in aid of an execution
issued upon any judgment recovered therein.
[1911 CPA 871; RL 5813; NCL 9360]
NRS 69.030 Prevailing party allowed attorneys fee to be taxed as costs in justice court.
The prevailing party in any civil action at lawin the justice courts of this State shall
receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee.
The attorney fee shall be fixed by the justice and taxed as costs against the losing party.
[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL 9361]
NRS 69.040 Costs must be included in judgment; cost bill; motion to retax costs.
1. The justice must tax and include in the judgment the costs allowed by law to the
prevailing party.
2. The party in whose favor judgment is rendered and who claims costs must deliver to
the justice, and serve a copy upon the adverse party, within 2 days after the verdict or
notice of the decision of the justice, or such further time as may be granted, a
memorandum of the items of the costs and necessary disbursements in the action, which
memorandum must be verified by the oath of the party or the partys attorney or agent or
by the clerk of the partys attorney, stating that to the best of his or her knowledge and
belief the items are correct and that the disbursements have been necessarily incurred in
the action. The party in whose favor judgment is rendered shall be entitled to recover the
witness fees, although at the time the party may not have actually paid them.
3. Issuance or service of subpoena shall not be necessary to entitle the prevailing party
to tax as costs witness fees and mileage, providing that such witnesses be sworn and
testify in the cause.
4. It shall not be necessary to embody in the memorandum the fees of the justice, but
the justice shall add the same according to the fees of the justice fixed by statute.
5. Within 2 days after service of a copy of the memorandum, the adverse party may
move the court, upon 2 days notice to retax and settle the costs, a copy of which notice of
motion shall be filed and served upon the prevailing party claiming costs, and thereupon
the justice shall settle the costs.
6. If the judgment is entered by default it shall not be necessary to make service of a
copy of the cost bill.
[1911 CPA 836; A 1913, 364; 1925, 15; NCL 9325]
NRS 69.050 Award of costs to prevailing party by district court on appeal from justice
court. In the event of an appeal, the district court is authorized to award to the prevailing
party all costs of court as now allowed by law incurred by such party, and also a reasonable
attorney fee to be fixed and allowed by the district court for all services rendered in behalf
of the prevailing party.
[Part 1911 CPA 872; A 1921, 89; 1925, 331; 1937, 30; 1931 NCL 9361]
I Introduction--Scope of Rules--Three Forms of Action
Motion to Vacate Summary Eviction Order; Motion to Vacate Award of Fees and Costs; Motion to Vacate
Order for Inspection;
(e) Motion to Alter or Amend a J udgment.
VII J udgment
RULE 59. NEW TRIALS; AMENDMENT OF J UDGMENTS
(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the
issues for any of the following causes or grounds materially affecting the substantial rights
of an aggrieved party: (1) Irregularity in the proceedings of the court, jury, master, or
adverse party, or any order of the court, or master, or abuse of discretion by which either
party was prevented from having a fair trial; (2) Misconduct of the jury or prevailing party;
(3) Accident or surprise which ordinary prudence could not have guarded against; (4)
Newly discovered evidence material for the party making the motion which the party could
not, with reasonable diligence, have discovered and produced at the trial; (5) Manifest
disregard by the jury of the instructions of the 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 tried without a jury, the court may open the judgment if one has been entered,
take additional testimony, amend findings of fact and conclusions of law or make new
(b) Time for Motion. A motion for a new trial shall be filed no later than 10 days after
service of written notice of the entry of the judgment.
(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they
shall be filed with the motion. The opposing party has 10 days after service within which to
file opposing affidavits, which period may be extended for an additional period not
exceeding 20 days either by the court for good cause shown or by the parties by written
stipulation. The court may permit reply affidavits.
(d) On Court's Initiative; Notice; Specifying Grounds. No later than 10 days after entry of
judgment the court, on its own, may order a new trial for any reason that would justify
granting one on a party's motion. After giving the parties notice and an opportunity to be
heard, the court may grant a timely motion for a new trial for a reason not stated in the
motion. When granting a new trial on its own initiative or for a reason not stated in a
motion, the court shall specify the grounds in its order.
(e) Motion to Alter or Amend a J udgment. A motion to alter or amend the judgment shall be
filed no later than 10 days after service of written notice of entry of the judgment.
CREDI T(S)
As amended, eff. J uly 1, 2005.
<ADOPTED
BY THE
SUPREME COURT OF NEVADA>
ADVISORY COMMITTEE'S NOTE.
The 1965 amendment to J CRCP 59(a) deleted ground (7) (insufficiency of the evidence to
justify the verdict or other decision, or that it is against law.). See concurring opinion of
Thompson, J ., in City of Reno v. Van Ermen, 79 Nev. 369, 385 P.2d 345 (1963).
J ustice Court Civil Procedure RULE 59, NV ST J CTS RCP RULE
governing summary evictions commence with Rule 101.
) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of
the court, or master, or abuse of discretion by which either party was prevented from
having a fair trial;
clearly, the court's confiscating tenants bank account, practically in its entirety for about
one month qualifies, particuularly where the BENCH BOOK and nevada law forbids doing
such. further, an unnoticed Order For Insepction at the close of trial and the impermissible
admitting written settlement negotiations in to the record calls for a new trial and vacating
the judgment. all this was objected to on the record.
illegal lockout and problems incident thereto cover an untimeliness of an opposition to the motion for
fees and costs.
(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 tried without a jury, the court may open the judgment if one has
been entered, take additional testimony, amend findings of fact and conclusions of law or make new
Many errors in law in the Order, particularly J udge Sferrazza saying a white male cannot be
discriminated against in open court. Further the unduly burdensome nature of J udge Sferrazza,
essentially, converting 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 "Trial" and the judgment to be vacated in
toto.
J ustice Court Rules of Civil Procedure RULE 2
governing summary evictions commence with Rule 101. Aftercare of Clark County v. J ustice of
Las Vegas Tp. ex rel. County of Clark, 82 P.3d 931, 936, 120 Nev. 1, 9 (Nev. J an 23, 2004) (NO. 38625,
38626)
Clearly, this was a Summary Eviction Proceeding later converted to a Summary Eviction Trial, regardless,
it was not a "Civil Action" as defined under J CRRP 2, an as such NRS 69.030 in inapplicable and the
attorney's fees and costs should be vacated or stricken. As to the costs, the issues is law of the case or
res judiciata (as is the matter of any superseadeas appeal bond being, if any, only $2275, that is if the
IFP does not cover such a bond, will arguably, it does....)
A party who prevails on a summary- eviction claim is not entitled to an
award of attorney'sfees where there is neither contractual nor statutory
authority for an award.[ FN2] A prevailing party may be awarded attorney's fees
pursuant to a lease provision.[ FN3] However, it has been held that a trial court's
statutory authority to award attorney's fees incurred by a lessor in a successful
forcible-detainer action could not be expanded by the lease where the statute did not
authorize attorney's fee awards.[ FN4]
[FN1] Keal v. Day, 164 Ohio App. 3d 21, 2005-Ohio-5551, 840 N.E.2d 1139 (1st
Dist. Hamilton County 2005).
-
[FN2] Hamilton v. William Calomiris Inv. Corp., Inc., 461 A.2d 466 (D.C. 1983);
Satellite Gateway Communications, Inc. v. Musi Dining Car Co., Inc., 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); City of Gahanna v. Eastgate Properties,
Inc., 36 Ohio St. 3d 65, 521 N.E.2d 814 (1988).
-
[FN3] Tufco, Inc. v. Pacific Environmental Corp., 113 P.3d 668 (Alaska 2005);
North Associates v. Bell, 184 Cal. App. 3d 860, 229 Cal. Rptr. 305 (1st Dist.
1986); Integra Financial, Inc. v. Grynberg Petroleum Co., 74 P.3d 347 (Colo. Ct.
App. 2002) (recognizing the rule); Hardwick, Cook & Co. v. 3379 Peachtree, Ltd.,
184 Ga. App. 822, 363 S.E.2d 31 (1987); Shipka v. Inserra, 211 Ill. App. 3d 735,
156 Ill. Dec. 128, 570 N.E.2d 604 (1st Dist. 1991); Borne v. Wilander, 509 So. 2d
572 (La. Ct. App. 3d Cir. 1987); Bay Park One Co. v. Crosby, 109 Misc. 2d 47,
442 N.Y.S.2d 837 (App. Term 1981); Keal v. Day, 164 Ohio App. 3d 21, 2005-
Ohio-5551, 840 N.E.2d 1139 (1st Dist. Hamilton County 2005); Desmarais v. The
Stayers, Inc., 182 Or. App. 338, 51 P.3d 1 (2002); M H 2 Co. v. Hwang, 104
Wash. App. 680, 16 P.3d 1272 (Div. 3 2001).
-
[FN4] Camelback Plaza Development, L.C. v. Hard Rock Cafe Intern. (Phoenix), Inc.,
200 Ariz. 206, 25 P.3d 8 (Ct. App. Div. 1 2001).
-
conclusion:
As such the undersigned herein requests and emergency order allowing the
undersigned to at least obtain such exigent materials as his wallet, hard drives,
computers, laptops, printers, scanners, and client files and cellular phones from teh
121 River Rock St. 89501 Residence in addition to an order setting aside th recent
impermissible award of attorneys fees.
issues
Zach Coughlin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Fri 11/18/11 2:53 AM
IIIoweyouoryourclientmoney,pleasejusttellmehowmuch.Ineed
harddrves,etc,
IjustwantmystuII,IIyouIeel Iowesomethingorthatyouhavealien
problemsolved.Idon'twanttogoto courtonthis, youdon'tneedto
riverrocktheotherday,THereis nolawIknowoIthatIsaysIcan'tbe
tacttogetmystuIIandthatIshouldmoveon...Iddbutthentheypulled
anyways,iIyouhavealienpleaseitemizeitIrom whatdatewouldyou
Porsches?
accountability,
Nevada:
filing ready sanctions motion
chance.
Sent: Sat 11/19/11 1:26 AM
DearMr.Hill,
whenyouwrotethat:
may well have caused your client to have to deIend a wrongIul arrest lawsuit including
inanobsessiveandpathetic,brownshirtworthy,attempttoIindsomething,anything,tosupport
privacyormyclientsinanyway,Mr.Hill. YouhavemanuIacturedaphonyneedtostoremy
measure).
th
while youwerebothdrivingoneoIyouvintagePorches andsimultaneouslyattemptingtoIilm
Coughlinwalkingonapublicsidewalk, thatyouwerecallingthepoliceandweregoingto
$20,000orsoinattorneysIeeswithinasummaryevictionproceeding,evenwhere,Nevadalaw
dancenumeroustimeswhileonthewitness standintheinstantcase,Iirstwhenexplainingaway
howtheMay14,2011emailexplicitlydetailing,inwritingthehabitabilityissuesandrequestto
curemadeuponDr.MerlissrelatedtotheextremelymoldyinsulationIoundinthehomeaswell
$20K he spent in attorneys Iees on a summary eviction proceeding that yielded an imminently
voidableandvacatableandamendable and appealableJudgment,especiallywhereitisJustice
accesshisclientIiles,evenunderexigentcircumstancesthatyouweremadeawareoInumerous
th
,
purpose,suchasalawoIIice,or,say,some otherbusinessthatmyormaynotrequireanyoIthe
FDCPA etc) But you might actually want to read the Lease Agreement it is clear the rental
couldbeusedIoravarietyoIpurposes,includingacommercialone,orahybridpurpose,sucha
phonenumbers.Fornow,IorthesolepurposeoIlettingmeknowwhenandhowyouwillallow
property.
intheirentiretybelow.So,justpleaseemailme thetime,evenanytimethisweekend,Saturday,
rgh
652Ioreststreet
reno89509
Thankyou.
Regards
Rgh
Subject:RE:issues
Date:Fri,18Nov201106:51:41-0800
youneedtorespondtothis,ormyemailoIyesteday- pastedbelow.
rgh
not.
CONDITIONS:
willbe.
rgh
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Saved: Sat 11/19/11 8:39 PM
Mr. Hill,
I only confrmed the receipt of three emails from your email as listed on the www.nvbar.org website:
one from August 16, 2011). To be clear, I did not receive any email from rhill@richardhillaw.com on
are other avenues of argument that would make more sense for you to pursue...If you have sent me
any faxes during this case, please let me know. I do not consent to any form of electronic service from
you for anything, including faxes, however, I am having some issues with my fax service right now as
well, so if you sent me any faxes please let me know so I can adjust my factual recitations to the court
to reflect that, to be fair to you.
2011 I understand that you are likely highly uncomfortable with the statements Officer Carter made
making, perhaps, insufficient service of any lockout order
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Date: Sat, 19 Nov 2011 06:43:27 -0800
expense.
rpd
time to get real
rgh
DearMr.Hill,
whenyouwrotethat:
speciIicIactualsupportIoryouraccusation,otherwise,I takeyourwritingtobe,essentially,
measure).
th
blocked sender list doesnt he? So are you still thinking you are going to suddenly grasp the
th
,
communication was sent to Coughlin either by you or your oIIice and in so making such a
mine,muchlessanemailrelatedtoallowingmetoaccesstoorthe abilitytoremovemy
property.
rgh
652Ioreststreet
reno89509
Shedidnotreportanyvulgarityorother inappropriatebehavior.
Thankyou.
Regards
Rgh
Subject:RE:issues
Date:Fri,18Nov201106:51:41-0800
rgh
neverIigureitout. youhaveIabricatedthepartabout callingorcontactingustoget yourstuII
not.
CONDITIONS:
sign&returntheoriginal.thatwouldbeagoodstepontheroadto sincerity.
RE: I dispute any and all debts and supposed
6-PLEASESTOPTHEVULGARITY WITHMYSTAFF.thereisnoexcuseIorabusing
willbe.
rgh
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Sun 11/20/11 4:32 PM
Okay,noideawhatyoumeanbythe"yardsale"signs...Yes,pleaselet
megetmywallet,whichincludesmystateissuedidentiIicationandmy
clientIiles,whichyouhaveadmittedtogoingthrough.Letmegetthem
atonce.JustletmeknowwhenandhowIcangetthem.Idonot
believeyouareentitledtoactasaIoremanwhileImovemystuII,nor
doyouhaveastatutoryrightto beagradeschoolteachermakingmedo
thisandthatintheorderyou want.Justkeepitup,Rich,Idon'tyouare
goingtobesocomIortableineverycourtroomwetakethistoo.You
haveindicatedyouwon'tgivememywalletorclientIileswithout
payingsomeamountsyouallegeareowed,someoIwhichyouorBaker
haveclassiIiedasrent,whichisrentdistraintandhasbeenprohibited
byNRS118A.Regardless,Ineedthosematerialsimmediatelyits
urgentmyclientsinterestsmayhavealreadybeendamagedbyyour
reIusaltoallowmeaccesstomyandtheirproperty.Iwillpayyour
ransomunderprotestandwecanlitigateitlater,butIdon'tseemy
client'sascashcows,andIdon'tcallthepropertyoIthosewhoarenot
asrichasyoumaybe"junk",nordoIputyourclientandyourtasteIor
bloodsportabovetheinterestoIlowermiddleclassAmercianscustody
casesandmortgageIoreclosureavoidanceinterests.Howabouttoday
anytimebetweennowandmidnightcanmeetyouoranyoneatthe
propertyandatleastgetmywallet/identiIication,andclientIiles?Just
givemeanemailandletmeknowandIwillbethere.
Sincerely
ZachCoughin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Subject: FW: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss
> Date: Sun, 20 Nov 2011 12:44:49 -0800
>
>
>You will not be allowed to cherry-pick the property &leave us with several
>
> property.
>
>
>
>
> Rgh
>
>
>
>
>
> > Sent: Nov 20 '11 04:17
> >
> itemized.
> anything
pleae let me know today when is good for getting my
law office equipment and files, etc..and see attached
sanctions motion and conversion complaint
> >
> > Reno, NV 89501
> > 775 338 8118
> >
>
Sent: Mon 11/21/11 3:41 AM
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; shill@richardhilllaw.com
2 attachments
safe harbor jcrcp r 11 sanction motion to hill 11 21 11.pdf (184.7 KB) , wdc safe harbor
sanctions to hill november 21 11.pdf (193.6 KB)
DearMr.HillandMr.Baker,pleaseIindthetwosanctionsmotions
attachedandpastedbelow,includingmyplaintiverepeatedrequests
thatyoucontactmetodayorasapwithyourassentandinIormation
relatedtomyretrievingmyproperty, mostexigentoIwhichismyclient
Iilesandlawpracticeequipment.
V
MOTIONFORSANCTIONS
Zach Coughlin, Esq.; 121 River Rock St (mail might be forwarded to a new address)Reno, NV 89501;
November 21, 2011
652 Forest St.
Reno, NV 89509
Dear Mr. Hill,
I only confirmed the receipt of three emails from your email as listed on the www.nvbar.org website:
one from August 16, 2011). Your email of November 19, 2011 is incorrect to the extent is
purports that I have in any way admittedto receiving any emails from our
rhill@richardhilllaw.com email account at anytime between August 17, 2011 through
November 17, 2011. To be clear, I did not receive any email from rhill@richardhillaw.com on
are other avenues of argument that would make more sense for you to pursue. You may want to ask
me or Officer Carter if he sounded all that serious when he commented to me, that you, Richard Hill pay
him a lot of money to arrest who you say to and to do what you say to. Maybe RPD Officer Carter would
say that he was being sarcastic, you would just have to ask him. Now, it wouldn't be very smart for him
to deny that he said these things, given that there are various scenarios under which it may have been
committed to tape, and tape don't lie. However, focusing on establishing whether or not what RPD
Officer Carter said was, in fact, said seriously or not and the context in which it was communicated
would likely be a much more prudent approach for you to take rather than trotting out the ol' hey, I
found a crack pipe and a bag of weed smear meme, particularly where the implication actually only
makes your offices Memorandum of Fees and Costs seem all the more ridiculous. I can see it now:
really? You are alleging the opposing party/attorney had crack pipes and bags of weed laying around
his office, AND IT STILL TOOK YOU GUYS $20K WORTH OF ATTORNEY'S FEES TO GET AN IMMINENTLY
VACATABLE, VOIDABLE, AMENDABLE, AND APPEALABLE SUMMARY EVICTION ORDER? Do you really
want to have to offer mincing attempts to explain how those those circumstances may be able to co-
exist. Regardless, absent some wonderfully improbable convergence of unlikely events, like an intruder
breaking into my home office and actual leaving their crack pipe and bag of weed, and depending upon
where you or your henchmen say this crack pipe and bag of weed was found at the home law office
(let me guess, you are going to say it was on the exquisite wood inlay coffee table in the foyer, right,
next to the 62 inch DLP HDTV,? Or perhaps right next to the dual 32 inch lcd computer monitor displays
at the attorney's desk? Because we all know nothing says crack pipe and a bag of weed like high end
electronics and fine furniture. Now, lest you wish to question my IFP statuts, rest assured, you wouldn't
believe what one can get from the free stuff section on Craigslist, knowing how to use a soldering iron
and multimeter, to repair the electronics our disposal culture determines not worth the trouble to fix,
and regularly popping in to Goodwill stores during the spring cleaning seasons when rich people like
you make room for their next vintage Porsche. And quit acting like all my stuff is junk, Rich. I know
you with your vintage Porsche fetish have your eyes on my collection of vintage leather power seats in
the basement, including the black and silver 1991 BMW 735iL seats, hands off, they are mine. Quit all
your nonsense about calling my property junk. Further, who are you demand a blueprint of the means
and manner anyone intends to use to remove their property from your client's rental? Where in NRS
40.460 does it allow you to turn into some overgrown hall monitor, insisting upon the younger tenant
attorney showing you proof of a U-Haul, or a written declaration of the manpower he intends to use to
remove his property. Further, you allege you hired a contractor (note to Rich, typically, contractors
don't talk trash to the opposing attorney, as your's did, calling Coughlin an ex-attorney when Coughlin
saw them traipsing through his home lawoffice). You need to provide me with access to the property so
I can remove my property. There is nothing in the law that allows you to attempt to brew up some more
attorney's fees and rental charges at the property at full market value, ie, the same rate for which rent
was being charged $900, rather than complying with NRS 40.460 and NRS 40.520. I implore you to
realize this case will be before the Nevada Supreme Court someday, not on your backyard H.O.R.S.E
hoop. And the way you are playing, coach gon' have ta put cha on the bench early in the second quarter
with 3 fouls, then you gonna pick up another right after halftime, and Baker is going to have to sub in
for you. Seriously, though, Mr. Hill, you are an attorney with enormous skill, experience, and expertise.
You make things difficult for people like Geof Giles, and it takes some doing to accomplish that. My
humble suggestion is that you consider whether your client needs to start thinking settlement here. And
perhaps you and your firm as well. When someone google's your name they don't see your name on
www.whogotarrested.com or one of those sites. RPD Officer Carter's statements have not been reported
anywhere, they are not on HULU.com. I take your reputation seriously as a lawyer and do not sit around
hoping to diminish it. I gather you are angry from hearing the comments attributed to RPD Officer
Carter. He said those things. You are free to question him as to whether he meant them, whether they
were said in a sarcastic tone, etc. Regarldess, he said them, our RPD Officer's in many instances make
more money than our public defender's even P.D.'s with extremely impressive qualifications. As such,
there is a certain gravitas that needs to go along with the paycheck and title, and, even if it is
established that Officer Carter or his partner were joking about something.... in the context of arresting
an attorney (insuring prospective clients of that attorney googling the attorney's name will find out
about the arrest) and failing to make much in the way of a diligent inquiry as to whether your associate
Casey Baker, Esq.'s November 10
th
, 2011 bill for rent for the month of November 2011, the month in
which the trespassing arrest occurred, well....Maybe they need to button it up a bit, maybe they need to
phone home and think a little before they arrest someone, maybe they should consider whether they are
placing themselves under too much pressure to make a strong looking quick authoritative decision to
arrest prior to thinking things through much or just expressing any uncertainty to those looking at them
with regard to the propriety of making an arrest. In short, maybe the macho cop shit has a price, and
that price here may include a defamation claim, a 42 USC Sec 1983 claim, perhaps a defamation claim
on your part, hell, I don't know. Maybe nothing will happen. But what I can guarantee anyone who is
interested to know is that I am through been anyone's doormat. No amount of robes, gravitas,
reputation, vintage Porsches, Medical Specialties, Demagoguery, mysteriously manifesting crack pipe
and a bag of weed , curiously retaliatory evictions and traffic tickets and rent escrow depositings,
application of unpublished, unapproved by the Nevada Supreme Court, J ustice Court House Rules' or
anything else are going are going to make a dent in my resolve. As for you proclamations concerning my
capacity for honesty, I scored 1,468 points playing varsity basketball at Reno High School, which for a
time was the all-time leading scoring record for Nevada's oldest, and best, high school. I assure you sir,
no one is going to lie their way into 1,468 points. One, especially one lacking much in the way of natural
gifts, must honestly earn each and every one of those points, one by one, through thousands of hours
of dedicated training, sacrifice, etc. Believe me, I have been chewed up, spit out, booed off stage and
gone through more rites of passage than you could possibly imagine considering the way in which you
have approached this litigation. However, what is way, way more important than any points scored to
me is the fact that my teammates named me team captain in both my junior and senior years, and I do
not think that would have happened for someone who has such an utter inability to demonstrate a
capacity for honesty.
z A quick update, Rich, you sent me two emails on November 20, 2011, apparently in response to
my recent email indicating a complete and utter availability on my part to come and start
removing property, and help you and your client mitigate the damages you are liabile for under
the Schiff decision...however, you chose to waste that opportunity, instead mentioning something
about some tape you found (let me guess, black duct tape that was already there well before the
eviction?) that was on some yard sale sign or something ridiculous. The stuff in the back yard is
not up for a yard sale and you are not to throw it away, especially prior to 30 days passing, take
your own advice and read the statute. Quit threatening to have me arrested, AGAIN, if I go
anywhere near the property, even the public sidewalk, while simultaneously asserting you are
charging me full rent while my property remains at your clients, rental property. Dick, I loved
Catch-22 as much as the next guy, but it is now way to practice law nor is it contained in NRS
40.460 or NRS 40.520, but the Schiff case does allow for punitive damages against you and your
client. What time can I get my stuff out of the property tomorrow. Please indicate in writing as
soon as possible. Very soon, I will need to alert my clients to your conversion of their files and
confidential information, and I am not so sure every law enforcement officer is going to tell them
uh, its a civil matter, guy...I mean, you don't have any documentation supporting what you are
saying, so...oh wait, you say, you do? Well, I am busy, bro, I got to go inside with Richard Hill for
like 10 minutes, then pull you over while you are driving down St. Laurence towards Virginia,
assert that I knew you were going back to Richard Hill's office, and correct you (even though I
Sargent Tarter am patently wrong) when you assert that getting to Hill's office from the St.
Laurence and Forest Intersection would involve going down a one way street the wrong way).
Sargent Tarter's actions and comments are loosely paraphrased above, However, Tarter did pull
Coughlin over, did behave in a retaliatory manner and speak in a retaliatory tone, cited Coughlin
for a variety of traffic violations, including failure to come to a complete stop before the white
line (though Tarter acknowledged that Coughlin, whom he was tailing, did come to a complete
stop at the stop sign...). Then, when Coughlin pointed out the retaliatory appearance of Tarter's
actions, Tarter called in a junior officer to write the ticket for Tarter, for what reason, Tarter
refused to make any explanation. A phone call from Lieutenant Larsen later that day proved
unfruitful in addressing Tarter's conduct. Tarter demanded Coughlin park his car due to one of
the traffic violations, which involved confidential DMV information, which Richard Hill referenced
to Coughlin in a taunting manner the next day.
I think you need to get your guy to settle. $40K would probably do it, no promises, but it would
probably do it. You and your client have cost me, my business, and my clients a great deal of money
with your actions. Please consider the Shiff decision from the Nevada Supreme Court: Conversion On
cross-appeal, Schiff contends that substantial evidence does not support the jury's finding with regard to
Winchell's conversion claim. "Substantial evidence is evidence that a reasonable mind might accept as
adequate to support a conclusion."2 In order to show conversion, Winchell must prove that Schiff
"wrongfully exerted [dominion] over 2First Interstate Bank v. J afbros Auto Body, 106 Nev. 54, 56, 787
P.2d 765, 767 (1990) (internal quotation marks and citation omitted). personal property in denial of, or
inconsistent with, title or rights therein or in derogation, exclusion or defiance of such rights."3 While
conversion requires a physical act of dominion over personal property, liability for conversion is
predicated upon "general intent, which does not require wrongful intent and is not excused by care,
good faith, or lack of knowledge."4 Therefore, Winchell must demonstrate that Schiff exerted an act of
dominion over his personal property, in derogation of his rights in the property. At trial, evidence was
presented showing that Schiffs agent, Beryl Duncan, exerted dominion over Winchell's storage unit by
directing the locksmith to replace the locks and disable the alarm system. In addition, evidence showed
that Schiffs representatives were the only people who had access to the storage unit after the locks
were changed and that it was during this period of Schiff s exclusive control when Winchell's inventory
was removed. From that evidence, the jury could have reasonably inferred that Schiff wrongfully exerted
dominion over Winchell's storage unit and inventory, which was in derogation of his rights in the
property. SUPREME COURT OF NEVADA 3See Edwards v. Emperor's Garden Rest., 122 Nev. 317, 328,
130 P.3d 1280, 1287 (2006) (citing Wantz v. Redfield, 74 Nev. 196, 326 P.2d 413 (1958)). 4Evans v.
Dean Witter Reynolds, Inc., 116 Nev. 598, 606, 5 P.3d 1043, 1048 (2000). 6 (0) 1947ATherefore, we
conclude that substantial evidence supports the jury's finding that Schiff was liable for conversion.5
Schiff alternatively argues that even if substantial evidence supports Winchell's conversion claim, the
jury's award of $210,000 must be remitted to reflect Winchell's actual losses. According to Schiff, actual
losses must be limited to Winchell's converted inventory, which was valued somewhere between
$30,000 and $45,000. We disagree. During trial, Winchell testified that the fair market value of his
business was approximately $500,000. This testimony was supported by documentary evidence in the
form of numerous profit and loss statements, and federal income tax returns. In Bader v. Cerri, we
noted that the full value of the property at the time of conversion is an appropriate measure of damages
when the defendant is unable or unwilling to return the property.6 We also concluded that when the
conversion causes "a serious interference to a party's rights in his property ... the injured party should
receive full compensation for his actual losses."7 Additionally, we recognize that the property value is
not the sole measure of damages. 5Schiff also maintains that her agent's entry into the storage facility
was justified under the circumstances. We do not address that issue, however, because conversion does
not require a showing of wrongful intent. See id. 696 Nev. 352, 356, 609 P.2d 314, 317 (1980),
overruled on other grounds by Evans, 116 Nev. at 608, 611, 5 P.3d at 1050-51. 71d.; see also O'Meara
v. North American Mining Co., 2 Nev. 112, 124 (1866) (concluding in response to a petition for rehearing
that "the owner of the property wrongfully converted or detained shall receive as a continued on next
page ... SUPREME COURT OF NEVADA (0) 1947ASUPREME COURT OF NEVADA Here, the record reveals
that the conversion of Winchell's inventory resulted in the demise of his wholesale fresh fish business.
No interference can be more serious than one that results in the termination of another's business.
Accordingly, we conclude that Winchell is entitled to the value of his lost business and the lost
inventory's value as compensation for his actual losses, which the jury determined was worth
approximately $210,000 on the day of the conversion.
If you have sent me any faxes during this case, please let me know. I do not consent to any form of
electronic service from you for anything, including faxes, however, I am having some issues with my fax
service right now as well, so if you sent me any faxes please let me know so I can adjust my factual
recitations to the court to reflect that, to be fair to you.
NRS 118A.520 When lien or security interest in tenants household goods may be enforced; distraint
for rent abolished; damages.
1. Any lien or security interest in the tenants household goods created in favor of the landlord to
ensure the payment of rent is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other personal property of a tenant in
violation of this section is liable to the tenant for damages as provided in NRS 118A.390.
Mr. Hill, I can easily show numerous, including written, attempts on my part to schedule and opportunity
to retrieve my property from the 121 River Rock property, and I can further show that I did not receive
any emails from your rhill@richardhillaw.com between August 16, 2011 and November 17, 2011. That
being said, please provide written proof that you have received the informed consent of Dr. Merliss for
continuing the attorney fee and potential liability incurring path in litigation that you continue to lead
your client on.
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services;
procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by
blocking or attempting to block the tenants entry upon the premises or willfully interrupts or causes or
permits the interruption of any essential service required by the rental agreement or this chapter, the
tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or
terminate the rental agreement and, in addition to any other remedy, recover the tenants actual
damages, receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all
prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of
the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal
or exclusion of the tenant from the premises or the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the
landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint
for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all
other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already
pending between the landlord and tenant, but the tenant may seek similar relief before the judge
presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial
days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the
tenant must provide proof that the landlord has been properly served with a copy of the verified
complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of
the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the
circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified
complaint for expedited relief. After any hearing and not later than final disposition of the filing or order,
the court shall assess the costs and fees against the party that does not prevail, except that the court
may reduce them or waive them, as justice may require.
NRS 118A.030 Abandoned property defined. Abandoned property means property which is left
unattended on the premises after the termination of the tenancy, unless the owner of the property has
expressed an intent to return for the property. Mr. Hill, I have previously expressed and communicated
to you and your client in a variety of ways and forms, both written and oral, that I intend to get the
property that belongs to me at 121 River Rock St., it is not abandonded property, but your refusal to
allow me access or opportunity to remove the property has been more than obstructive.
, 2011. I understand that you are likely highly uncomfortable with the statements Officer Carter made
making, perhaps, insufficient service of any lockout order, attesting that you merely posted or had
posted a copy of any Lockout Order posted on the door at the 121 River Rock rental property and failed
to make any personal service of such a Lockout Order on Coughlin. Further, you indicated that such a
posting occurred within 24 hours of the October 31, 2011 date provided for lockout in the Lockout Order
you referenced, rather than within 24 judicial hours...Additionally, you have failed to prove that you or
your office provided a Proposed Findings of Fact, Conclusions of Law, and Order for Summary Eviction to
J udge Sferrazza or the Reno J ustice Court before the 12 noon October 27, 2011 deadline to do so.
Additionally, you have failed to establish that you or the RJ C ever appropriately served any such October
27
th
, 2011 Order for Eviction signed by J udge Sferrazza prior to you alleged lockout being conducted on,
in your words, November 1, 2011). If any such Lockout Order or Order for Summary Eviction was signed
by J udge Sferrazza on Thursday, October 27, 2011, then, where shall we look for the rules related to the
manner and form required for service of such an Order for Summary Eviction?
Below is a sampling of some of Nevada's J CRCP that may be relevant to the matters we are
communicating about:
RULE 1. SCOPE AND APPLICATION OF RULES
These rules govern the procedure in the justice courts in all suits of a civil nature, with the
exceptions stated in Rule 81....
There shall be three forms of action in justice courts to be known as civil actions,
small claims actionsand summary eviction actions. Rules 3 through 87 govern civil actions.
Rules governing small claims actions begin with Rule 88 and end with Rule 100. Rules governing
summary evictions commence with Rule 101.
Mr. Hill, your email to me of November 18, 2011 references an email (and pastes below that the
apparent contents thereof) you allege you sent me on November 17, 2011. I don't doubt very much
that you are being honest when you wrote that you sent me an email on November 17, 2001, I merely
attest to you that I did not receive the email you claim to have sent me on that date. To be clear, I
have no way, yet, of being sure that the text you pasted into your November 18, 2011 email, which you
purported to reflect the email you allege you sent on November 17, 2011, was sent or not. I just know I
did not receive it, and to be clear, by that I mean that my email account did not receive a successful
transmission of email you attempted to send on November 17, 2011. I can not say whether or not you,
in fact, sent it, or whether you soon thereafter received a return to sender or message undeliverable
email from your ISP or email provider (yours does not seems to be POP3 based email, but rather your
ISP is based, I believe, in Delaware or somewhere thereabouts).
Mr. Hill wrote in his November 18, 2011 email to Coughlin: 'if you continue the game that you did not
get my emails, then i think that you put the contents of your computers at issue, and we need to be
concerned about issues such as spoliation. Mr. Hill needs to realize that email address from POP3 email
services such as Hotmail, actually, are not stored on one's computer, rather the contents of those email
accounts are stored on MSN Hotmails servers, perhaps in Kirkland, Washington or somewhere like that,
but one would not be very smart to risk all the privacy and electronic records laws violation incident to
seeking to detain and or view the contents of an attorney's hard drive on a theory that some spoliation
could occur for emails on a POP3 account. Mr. Hill demonstrates a lack of knowledge with respect to
basic technology matters that is both quaint and alarming.
However, Richard Hill then writes with not only an extremely suspect and curiously time and convenient
of the appearance of a crack pipe and bag of weed, but he goes on to detail the impermissible
violations of Coughlin and his client's papers and attorney-client privileged materials, in the the
following email to Coughlin:
11/19/11 Richard HillTo zachcoughlin@hotmail.com
Sent: Sat 11/19/11 6:41 AM
time to get real please act responsibly rgh
Mr. Hill, you apparently have broke out your armchair DSM-IV and made a hoarder diagnosis of sorts,
which is somewhat curious given your lack of assent to the extension of time for a tenant to remain in
possession under NRS 40.251 Unlawful detainer: Possession of property leased for indefinite
time after notice to quit; older or disabled person entitled to extension of period of possession upon
request....4. If a landlord rejects a request to allow a tenant to continue in possession for an
additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue
in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is
entitled to request such an extension, the court may grant the petition and enter an order allowing the
tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant
must be allowed to continue in possession for 5 calendar days following the date of entry of the order
denying the petition. I does not seam you or the Court afforded me to continue in possesion for 5
calendar days...though I suppose J udge Sferrazza may not have technically ruled on the Petition yet...
A NRS 40.253(7)(b) request, seeking a copy of the charges you may allege are owed is
hereby made by the tenant, Coughlin. Please provide an itemized and specific account of
the charges you allege must be paid pursuant to NRS 118a.460 prior to your allowing
Coughlin to remove his property from the premises. Additionally, Richard Hill admits he is
withholding Coughlin's state issued driver's license, while taunting Coughlin about whether
or not Coughlin's vehicle's registration is current with the Nevada DMV (it is curious how
and when Richard Hill became aware of whether Coughlin's vehicle's registration was
current and whether any inappropriate divulging of Coughlin's personal, private, DMV
records or information related thereto was provided to Richard Hill by anyone acting under
color of state law vis a vis 42 USC Sec 1983 and whether such an invasion of privacy
amounts to a deprivation of Coughlin's civil rights.
NRS 40.253(7) The tenant may, upon payment of the appropriate fees relating to the filing and service
of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the
amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 for the
inventory, moving and storage of personal property left on the premises. The motion must be filed
within 20 days after the summary order for removal of the tenant or the abandonment of the premises
by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the
motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the
date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or
other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and
any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be
due or if no charges are determined to be due.
NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.
1. The landlord may dispose of personal property abandoned on the premises by a former tenant or
left on the premises after eviction of the tenant without incurring civil or criminal liability in the following
manner:
(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the
abandonment or eviction or the end of the rental period and may charge and collect the reasonable and
actual costs of inventory, moving and storage before releasing the property to the tenant or his or her
authorized representative rightfully claiming the property within that period. The landlord is liable to
the tenant only for the landlords negligent or wrongful acts in storing the property.
2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph
(a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.
NRS 118A.480 Landlords recovery of possession of dwelling unit. The landlord shall not recover or
take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or
causing or permitting the diminution or interruption of any essential service required by the rental
agreement or this chapter, except:
1. By an action for possession or other civil action or summary proceeding in which the issue of
right of possession is determined;
Mr. Hill, I believe you need to provide your client information necessary to insure he has given you his
informed consent related to the various potential liabilities he may face going forward in this matter,
including his interruption of essential services, specifically, the electricity, conveniently turned off for
over 24 hours right before your associate, Baker, and his videographer showed up in her V12 $110K
Mercedes SL600 to, allegedly, inspect the property, for the wrongful arrest, any extortion attempts your
are found to have committed (speaking of, YOU ARE PLACED ON A LITIGATION HOLD NOTICE
RESPECTING THIS ALLEGED CRACK PIPE AND BAG OF WEEDTHAT YOU WROTE OF IN
YOU NOVEMBER 19, 2011 EMAIL TO ME. PLEASE BE SURE NOT TO DISTURB ANY
FINGERPRINTS ON ANY OF THESE MATERIALS, KEEP A DETAILED ACCOUNT OF EXACTLY
WHERE YOU FOUND THEM, ETC, ETC., I TAKE THOSE ALLEGATIONS MORE SERIOUSLY THAN
SOMEONE OF YOUR DEPTH COULD POSSIBLY EVEN BEGIN TO IMAGINE AND FULLY INTEND
TO PURSUE VINDICATING ANY DAMAGE TO YOU MAY BE ATTEMPTING TO DO TO MY
REPUTATION, PROFESSIONAL AND OTHERWISE). Please also realize that no one has promised
you that there does not exist a means to indicate whether you have violated any privacy rights or
attempted to interfere inappropriately with attorney client privilege, especially with respect to the
manner and extent to which you have handled Coughlin's property at 121 River Rock St.
Additionally, J udge Sferrazza's Summary Eviction Order, signed October 27, 2011, is vulnerable to yet
another avenue of J CRCP 59 and 60 attack or overturn on appeal considering that the rights provided to
tenant Coughlin under NRS 118A.490 in that J udge Sferrazza specifically and expressly announced in
court during at least the October 26, 2011 court date that tenant Coughlin was not allowed to assert
counterclaims at that time, despite the fact that the court had (under an apparent and extremely
suspect and tenuous application of some opening the door theory to, apparently making tenant
Coughlin subject to claims for past rent, even where Merliss had clearly indicated and pled in writing
that past rent was not being sought or alleged owed and that all that is up for decision is possession of
the premises merely in light of Coughlin asserting that Merliss retaliated against Coughlin, in part, due
to Coughlin's complaining of habitability issuess....then J udge Sferrazza took the extremely peculiar step
of asking Coughlin about whether any rent was owed, essentially, allowing opposing counsel Baker to,
perhaps, avoid the need to ask any questions related to rent owing and the concomitant J CRCP R 11
and NRS 7.085 complications Baker had shied away from previously):
NRS 118A.490: Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with
court; judgment for eviction.
1. In an action for possession based upon nonpayment of rent or in an action for rent where the
tenant is in possession, the tenant may defend and counterclaim for any amount which the tenant may
recover under the rental agreement, this chapter, or other applicable law. If it appears that there is
money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is
delayed for any reason, the court shall require a tenant who remains in possession of the premises to
deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 days
rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any
rent which is not in dispute and shall determine the amount due to each party. Upon the application of
either party, the court, after notice and opportunity for a hearing, may for good cause release to either
party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing
party the amount owed and shall give judgment for any other amount which is due.
2. In any action for rent where the tenant is not in possession, the tenant may
counterclaim as provided in subsection 1 but is not required to pay any rent into court....
Further, Merliss and his counsel are now arguably subject to NRS 118A.490(2), and have a
duty to obtain Dr. Merliss's informed consent with respect to the potential consequences of
proceeding under their current tact, as Baker's November 10, 2011 email claims to charge
Coughlin $900 rent for the 121 River Rock property for November 2011 and to refuse to
release any of Coughlin's property, citing some lien despite Baker and Hill's failure to
respond to Coughlin's repeated requests, including written requests by Coughlin, emailed to
either Richard Hill, Esq. Or Casey Baker, Esq. (at the email addresses they have on file at
www.nvbar.org). Mr. Baker did send Coughlin a letter via email on November 10, 2011, and
that email and the letter in pdf format it containedwere, in fact, successfully transmitted to
Coughlin's email address. It read, in part:
Re: Updated Verification of Debt Mr. Coughlin:
You were originally provided with itemization and verification of your debt to Dr. Matthew
Merliss on August 22, 2011, and then again on October 14, 2011. Enclosed you will find a
copy of an affidavit by Dr. Merliss, verifying and updating the principal amount of your
underlying debt to him as of October 17, 2011.
The above writing by Baker seems misleading. What is not clear is just how the
documentation allegedly provided to Coughlin on August 22, 2011, and then again on
October 14, 2011 was at all an itemization and verification of your debt. The court files
and Coughlin's records reveal that basically a general Notice to Quit for Non-Payment of
Rent and a 30 day No Cause Notice to Quit (which were apparenlty farmed out for a flat
$160 fee to Nevada Court Services according to Baker's Memorandum of Costs, which may
be tantamount to partnering impermissibly with non-attorneys and supporting the
unauthorized practice of law or ghostwriting). Regardless, it appears a sweating Baker is
now vaguely aware that the FDPCA act applies to his attempts at debt collecting, and now
alleges that and , FOR THE FIRST TIME ON NOVEMBER 10, 2011 BAKER IS FINALLY
PROVIDING A VERIFICATION OF THE DEBT ALLEGED, WITH ANY DEGREE OF ITEMIZATION
OR VERIFICATION BY EMAILING THE enclosed affidavit by Dr. Merliss, verifying and
updating the principal amount of your underlying debt to him as of October 17, 2011. Now,
Baker and his client need to be very careful here, because the recording of the court
hearings show that Baker attempted to clear himself of any J CRCP Rule 11 liability by
asserting that he had, in fact, accounted for, at least, the agreed to in writing rent
deduction for taking care of the weeds from approximately May 20, 2011 Merliss agreed
to grant to Coughlin. However, the August 22
nd
, 2011 Eviction Notice for Failure to Pay Rent
alleged some $2,800 was
Regardless, the Affidavit of Dr. Merliss, only emailed and perhaps sent in the USPS mail on
November 10, 2011, appears to incorrectly switch the amounts for cleaning and security
deposits, listing $500 for a cleaning deposit and $200 for a security deposit, where, in
actuality, the Lease Agreement called for $500 for security deposit and $200 for a cleaning
deposit (and these amounts were actually collected by Dr. Merliss upon the inception of the
tenancy). Further, Merliss's Affidavit, allegedly of October 17, 2011 incorrectly asserts that
rent became late, under the Lease Agreement, on the second day of the month, whereas the
Lease Agreement provides for a longer period of time each month before that month's rent
is deemed delinquent or incurring a late fee. Additionally, this Affidavit that Merliss's
counsel only first emailed to Coughlin on November 10, 2011 incorrectly attempts to charge
Coughlin for NV Energy electricity bills where the Lease Agreement specifies that Coughlin
may only be charged for those electricity bills payable by the tenant. Clearly, the
Standing Order with NV Energy that Merliss maintained resulted in the electricity bill
referting to Merliss's name, due to privacy restraints and billing practices, the NV Energy bill
was not payable by Coughlin, as such, Coughlin may not be charged with such a bill.
Further, this Affidavit of Merliss fails to account for or disclose the partial rent payments
made to Merliss by Coughlin's then roommate, Melissa Ulloa, nor does is disclose the
agreements and waivers related to the rent for May and J une that Merliss entered into
agreements with Ulloa to allow her to repay him on a slower schedule. Further, the over
$5,000 rent Merliss alleges owes fails to account for both the property damage to tenant
Coughlin's property, for which the Lease Agreement holds Merliss liabile, as well as for the
various rent deductions Merliss agreed to and the various rent deductions Merliss's failure
to cure habitability issues he was apprised of in writing within the allowed 14 day
period....so the amount Merliss's Affidavit alleges is owed is completely wrong. Additionally,
Richard Hill's email to Coughlin of November 17, 2011 states that Hill agress with
Coughlin's assessment that the Court's Order of Fees and Costs is baseless and should be
withdrawn, vacated, or otherwise stipulated out of existence. However, Hill needs to make
clear whether he is making such a concession with respect to costs only, or whether the
$1,500 in attorney's fees should be included in those amounts awarded that Hill agrees to
render null.
Baker's November 10, 2011 letter continues: Additional late fees and charges for your
electricity use have attached since that date. In addition to the sums identified by Dr.
Merliss in his affidavit, your debt now also includes fees for storage of your personal
possessions left at the property, which accrue daily at the fair rental value of the property.
Your debt further includes actual costs for inventorying and moving your possessions from
the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed.
Enclosed you will also find a notice of entry of the court's order awarding costs and
attorney's fees against you. The court's award of cost in the amount of $421.75, and
Merliss will seek recovery of those sums, and all futures fees and costs incurred, through
the appropriate channels.
This letter is being sent to you las know address of 121 river rock Street, Reno, Nevada
89501, because you have refused to provide us with your current contact information,
despite our multiple requests that you do so. We are also still waiting for you to reply to Mr.
Hill's emails about removing your possessions from the property. Sincerely, Casey Baker,
Esq.
Further, tenant Coughlin sent written correspondence to Hill or his associate, Casey Baker, Esq.,
underscoring the exigent need for allowing attorney Coughlin to at least access the property of
Coughlin's remaining at River Rock necessary to handle exigent client matters, including foreclosure
defense and child custody cases. Such an email was sent to Casey Baker, Esq. By Zach Coughlin
(zachcoughlin@hotmail.com) Sent: Thu 11/03/11 12:59 PM To:cdbaker@richardhillaw.com, which wrote
that I am writing because I have clients who depend on me, and the exigencies of such circumstances
dictate that I do, and if I am locked out frommy law office and client files, terrible things may happen to
these client's legal interests. I fail to see where the Beverly Hills High School graduate Neurosurgeon has
any such exigencies in connection with this matter. I have clients who are facing Trustee Sale's that
prevent the Court's from taking away their children.
NRS 118A.500 landlords abuse of access.... If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the
effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover
actual damages.
Please provide written proof of your client's informed consent that he is aware and accepts the risks of
proceeding under your current approach, including, but not limited to, being held liable for my actual
damages under the above section of 118A, especially considering the extent to which Mr. Baker's
unreasonable inspection attempts cause my law practice to lose money at the rate of at least $225 per
hour.
J CRCP Rule 2 seems to clearly indicate that J CRCP Rules 3 through 100 do not apply to summary
eviction proceedings, however, it is not clear what rules would spell out the procedural rules applicable
to summary eviction proceedings, especially considering J CRRT Rule 2's specifically indicating that the
J CRRT do not apply to landlord tenant matters. J CRCP Rule 81 seems to fairly clearly establish that
the rule found in NRS 118A and the relevant portions of NRS 40 govern summary eviction proceedings,
however, those statutes are not all that explicit with regard to technical procedural rules....As such, it
may be thtat J CRCP 3 through 87, or even 87 through 100, or some combination of both are at least
persuasive authority here. Regardless, what I strenuously object to is the application of unprinted,
unapproved by the Supreme Court of Nevada house rules that the RJ C and its administration, judges,
and staff seem to refer to continually. J CRCP 83 is clear in forbidding such house rules under those
circumstances: 'RULE 83. RULES BY J USTICE COURTS
inconsistent with these rules. Copies of rules and amendments so made by any justice court
shall upon their promulgation be furnished to the Supreme Court, but shall not become
effective until after approval by the Supreme Court and publication. In all cases not
provided for by these rules the justice courts may regulate their practice in any manner not
inconsistent with these rules.
State v. J ones, 917 P.2d 200, 209+, 185 Ariz. 471, 480+ (Ariz. May 07, 1996) (NO. CR-93-0541-AP
Mason v. Schumacher, 439 N.W.2d 61, 70, 231 Neb. 929, 944, 84 A.L.R.4th 163, 163 (Neb. Apr 27,
1989) (NO. 87-194)
Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 258, 124 Nev. 725, 748 (Nev. Sep 11,
2008) (NO. 46499)
ADDING INJ URY TO INJ URY: INADEQUATE PROTECTION OF TENANTS' PROPERTY DURING EVICTION
AND THE NEED FOR REFORM, 20 Loy. Consumer L. Rev. 247, 269 (2008)
J CRCP RULE 5. SERVICE AND FILI NG OF PLEADINGS AND OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required
by its terms to be served, every pleading subsequent to the original complaint unless the court
otherwise orders because of numerous defendants, every paper relating to discovery required to be
served upon a party unless the court otherwise orders, every written motion other than one which may
be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of
record on appeal, and similar paper shall be served upon each of the parties. No service need be made
on parties in default for failure to appear except that pleadings asserting new or additional claims for
relief against them shall be served upon them in the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party
represented by an attorney, the service shall be made upon the attorney unless the court orders that
service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge,
or if there is no one in charge, leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing
there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by
mail is complete on mailing; provided, however, a motion, answer or other document constituting the
initial appearance of a party must also, if served by mail, be filed within the time allowed for service;
and provided further, that after such initial appearance, service by mail be made only by mailing from a
point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the
court.
(D) Delivering a copy by electronic means if the attorney or the party served has
consented to service by electronic means. Service by electronic means is complete on transmission
provided, however, a motion, answer or other document constituting the initial appearance of a party
must also, if served by electronic means, be filed within the time allowed for service. The served
attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing
with the clerk of the court and served on the other parties to the action. The written consent shall
identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail
address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation
of a party changes through entry, withdrawal, or substitution of counsel. An attorney or party who has
consented to service by electronic means shall, within 10 days after any change of electronic-mail
address or facsimile number, serve and file notice of the new electronic-mail address or facsimile
number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making
service learns that the attempted service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or
by written admission, or by affidavit, or other proof satisfactory to the court. Failure to make proof of
service shall not affect the validity of service.
(c) Same: Numerous Defendants. In any action in which there are unusually large numbers of
defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of
the defendants and replies thereto need not be made as between the defendants and that any cross-
claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall
be deemed to be denied or avoided by all other parties and that the filing of any such pleading and
service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order
shall be served upon the parties in such manner and form as the court directs.
(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the
court either before service or within a reasonable time thereafter, except as otherwise provided in Rule 5
(b), but, unless filing is ordered by the court on motion of a party or upon its own motion, depositions
upon oral examination and interrogatories, requests for production, requests for admission, and the
answers and responses thereto, shall not be filed unless and until they are used in the proceedings.
Originals of responses to requests for admissions or production and answers to interrogatories shall be
served upon the party who made the request or propounded the interrogatories and that party shall
make such originals available at the time of any pretrial hearing or at trial for use by any party.
(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as
required by these rules shall be made by filing them with the clerk of the court, if there be one, except
that the justice may permit the papers to be filed with him or her. In cases where there is no clerk, the
papers shall be filed with the justice. A court may by local rule permit papers to be filed, signed or
verified by electronic means that are consistent with technical standards, if any, that the J udicial
Conference of the United States establishes. A paper signed by electronic means in compliance with the
local rule constitutes a written paper presented for the purpose of applying these rules. The clerk or
justice shall not refuse to accept for filing any paper presented for that purpose solely because it is not
presented in proper form as required by these rules or any local rules or practices.
(f) Drop Box Filing.
(1) Authorization. The court, or clerk of the court if there be one, may maintain one or
more drop boxes in which papers and pleadings may be deposited for filing with the court. If such a
system is maintained, the court or clerk must:
(A) Place the drop box at a location that is easily accessible by the public;
(B) Ensure that the drop box is locked or otherwise constructed to prevent theft or tampering
of documents; and
(C) Provide, in a location immediately adjacent to the drop box, a machine or other device that
is capable of stamping the date and time of receipt on documents that are being deposited in the drop
box.
(2) Papers Eligible for Filing. All papers and pleadings, including, but not limited to,
motions, oppositions, replies, affidavits, points and authorities, and courtesy copies, may be deposited in
the drop box. However, filings which require the payment of filing fees must be made directly with the
clerks office, or justice where there is no clerk, unless the fees accompanying the filing are paid by
check.
(3) Procedure. Papers and pleadings may be deposited in the drop box during all hours the
courthouse is open. Before such documents are deposited, the documents must be date and time
stamped as described in subdivision (f)(1). Documents placed in the drop box shall be deemed filed as
of the date and time stamped on the paper or pleading. However, if a document is placed in the drop
box without being date and time stamped, that document will not be deemed filed until it is date and
time stamped by the clerks office. In addition, if a document is placed in the drop box, and the clerks
office determines that the attempted filing is defective based on the absence of filing fees or based on
any other legitimate reason, that document will not be deemed filed until the defect has been cured.
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the
local rules of any justice court, by order of court or by any applicable statute, the day of the act, event,
or default from which the designated period of time begins to run shall not be included. The last day of
the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a
nonjudicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or
other conditions have made the court inaccessible, in which event the period runs until the end of the
next day which is not one of the aforementioned days. When the period of time prescribed or allowed is
less than 11 days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the
computation.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act
is required or allowed to be done at or within a specified time, the parties, by written stipulation of
counsel filed in the action, may enlarge the period, or the court for cause shown may at any time in its
discretion (1) with or without motion or notice order the period enlarged if request therefor is made
before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon
motion made after the expiration of the specified period permit the act to be done where the failure to
act was the result of excusable neglect; but it may not extend the time for taking any action under Rules
50(b), 50(c)(2), 52(b), 59(b), (d) and (e) and 60(b), except to the extent and under the conditions
stated in them.
(c) Reserved.
(d) For MotionsAffidavits. A written motion, other than one which may be heard ex parte, and
notice of the hearing thereof shall be served not later than 5 days before the time specified for the
hearing, unless a different period is fixed by these rules or by rule or order of the court. Such an order
may, for cause shown, be made on ex parte application. When a motion or opposition is supported by
affidavit, the affidavit shall be served with the motion or opposition.
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the
right or is required to do some act or take some proceedings within a prescribed period after the service
of a notice or other paper, other than process, upon the party and the notice or paper is served upon
the party by mail or by electronic means, 3 days shall be added to the prescribed period.
d. For MotionsAffidavits.
Please note, however, that the J ustice Court Rules for Reno Township (J CRRT)
specifically indicate that the J CRRT do not apply to landlord tenant matters, in
J CRRT Rule 2: Rule 2. Application of Rules. Except as otherwise provided by
statue, these rules apply to all civil proceedings filed in Reno Township except
small claims and landlord tenant matters.
RULE 81. APPLICABILITY IN GENERAL
(a) To What Proceedings Applicable. These rules do not govern procedure and practice in any
special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and
practice provided by the applicable statute. Where the applicable statute provides for procedure under
the former statutes governing civil actions, such procedure shall be in accordance with these rules.
(b) Chief J ustices of the Peace. Rule 84, relating to chief justices of the peace, shall apply to all
proceedings in the justice courts, whether criminal, civil or otherwise.
RULE 83. RULES BY J USTICE COURTS
inconsistent with these rules. Copies of rules and amendments so made by any justice court shall upon
their promulgation be furnished to the Supreme Court, but shall not become effective until after
approval by the Supreme Court and publication. In all cases not provided for by these rules the justice
courts may regulate their practice in any manner not inconsistent with these rules.
RULE 84. CHIEF J USTICES OF THE PEACE
(b) Responsibilities. The chief justice of the peace in a township shall:
(1) Be responsible for the administration of court rules and regulations.
(2) Consider and rule on any ex parte applications for orders in cases which have not been
assigned.
(3) Hear or reassign emergency matters when the assigned justice is absent or otherwise
unavailable.
(4) Designate another justice to perform the duties of chief justice of the peace when the chief
justice of the peace is absent.
(5) Oversee all administrative and clerical work and functions of the court as set forth in NRS
Chapter 4.
(6) Call and preside over meetings with the other justices of that township, as often as may be
deemed necessary by the chief justice of the peace, to discuss and set policy on procedures, planning,
caseload distribution, judicial training, vacations, court improvements, personnel and any other matters
of benefit or concern to the court.
Sincerely,
Zach Coughlin, Esq.
/s/ Zach Coughlin, signed electronically.
TheundersigneddoesherebyaIIirmthattheprecedingdocumentdoesnotcontain
thesocialsecuritynumberoIanyperson.
DATEDthis21
st
dayoINovember,2011
/s/ZachCoughlin
ZachCoughlin
Reno,NV89509
MattMerlissphonenumberis:cell5305216639orhome5308939343
AttorneysIorMatthewMerliss
AFFIRMATIONPURSUANTTONRS239B.030
TheundersigneddoesherebyaIIirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberoIanyperson.
Datedthis21
st
oINovember,2011
/s/ZachCoughlin
ZachCoughlinorhisagent
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: Re: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss
Date: Sun, 20 Nov 2011 17:05:15 -0800
them?
remorse.
dollars in trash.
Rgh
RGH
areowed,someoIwhichyouorBakerhaveclassiIiedasrent,
there.
Sincerely
ZachCoughin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Date: Sun, 20 Nov 2011 12:44:49 -0800
>
>
>
> property.
>
>
>
>
> Rgh
>
>
>
>
>
> > Sent: Nov 20 '11 04:17
> >
> itemized.
> anything
my temporary contact information
> >
> > Reno, NV 89501
> > 775 338 8118
> >
>
Sent: Mon 11/21/11 3:54 AM
FW: my temporary contact information
2. phone
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 4:32 AM
sorry,IIorgottoincludethatmysuitenumberis#2atthe817n.
virginiast.addressthankyou.Casey,pleasemakesureMr.Hillhasa
copyoItheletteryouemailandapparentlyuspsmailedtomeon
November10,2011,about14pageslong(muchoIitDr.Merliss1027
11aIIidavit.).AtthearrestsceneIreIerencethecontentoIyour1110
11letterandMr.HillexpressedignoranceoIitscontent,andsuch
ignorancemayaugertowardsawrongIularrestliability.
Sincerleyy,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: my temporary contact information
Date: Mon, 21 Nov 2011 03:54:46 -0800
2. phone
Sincerely,
getting my property
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 1:02 PM
SincereZach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 3:13 PM
DearRJC,Ms.Stancil:
ZachCoughlin,Esq.
Reno,NV89501
andmine).
DearMr.Hill,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Date: Mon, 21 Nov 2011 14:23:24 -0800
>
>
>
RE: River rock
>
> Rgh
>
>
>
Sent: Mon 11/21/11 3:15 PM
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Date: Mon, 21 Nov 2011 14:53:03 -0800
>
unlawful rent distraint. How much do I need to pay
to get my identification, client files? How much for
other property?
>
>
> Rgh
>
>
>
>
Sent: Mon 11/21/11 4:36 PM
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
for other property?
Licensed in Nevada
Sent: Mon 11/21/11 4:58 PM
I can meet somebody over there at 5:15 pm today if that works or I could come over now and pick up a
key or something, use it and return it. Otherwise, if you will provide permission to do so, I could
probably pry off a piece of plywood myself and get into the basement and get these materials, then
hammer the plywood back in place. That would alleviate the need for a key to the upstairs for now.
You have this writing indicating I would make a good faith effort to restore the plywood to its previous
fortress like state after removing my property, and you do have the ability to call the police should I or
anyone else be found there after some appointed time. How about this, agree in writing that I can do
that today between now and midnight. If today is no good, agree to tomorrow.
So, are you refusing to give me the client files that are found only on hard drives within the desktop PC,
the laptops, the cell phone (check next to the microwave below the hanging table, next to the mattress
in the basement for the phone, which contains law practice/client files on it). I also have client files on
the Brother MFC 5490cn scanner all in one machine (near the same table in the basement). It would be
best for me to have access to the basement at least to gather the various client files. I realize you seem
to think I have barely any clients, but that is not the case. Regardless, I need their files, some are in
hard copy, some are in electronic formats on hard drives, etc. I realize you are asserting some real
need to secure the property and that you have spent some $1060 paying a contractor to do so,
however, I would love to know how that comports with your leaving the window air conditioning unit
one can see on the southern side of the house in place, with absolutely nothing preventing one from
pushing that window unit inside and entering through the window? If it helps, I can probably get by
without getting into the upstairs at all for the time being to access materials. If you allow me say no
more than 20 minutes in the basement to gather that which is exigent and or I have an immediate right
to, then I would imagine we can litigate the rest in an orderly fashion. I don't know if that includes
letting you go on vacation until December, but, its up to you. I have no intention of damaging the
property or causing Dr. Merliss trouble.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: RE: unlawful rent distraint. How much do I need to pay to get my identification, client files?
Date: Mon, 21 Nov 2011 16:43:33 -0800
who is SCHIFF??
do you know?
Sincerely
for other property?
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Mon 11/21/11 6:39 PM
Rich,the"papersyouwereabletogather"doesnotsoundlikeadiligent
orreasonableattemptonyourparttoinsurethatIamaIIordedaccessto
allmyclientIiles(whetherinelectroncorpaperhardcopyIormat)that
arenecessaryandIorwhichexigenciesexistrequiringyourtoallowme
accessthereto.TheclientIilesIneedarestoredonharddrivesand
scatteredaroundinpapercopyIormat,inandoutoIbinders,etc.You
aretakingbig,bigchanceswithrespecttothepotentialconsequential
damagesyouandyourclientwillbeliableIor.
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Subject: Re: unlawful rent distraint. How much do I need to pay to get my identification, client files?
Date: Mon, 21 Nov 2011 17:14:49 -0800
hearing.
Address the issues!
RGH
tomorrow.
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Date: Mon, 21 Nov 2011 16:43:33 -0800
who is SCHIFF??
do you know?
Schiff
Sincerely,
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
Sent: Tue 11/22/11 12:05 PM
Dear Mr. Hill,
Thank you for giving me my wallet, which contained my state issued identification, which you only kept
from me, despite numerous requests, including several written, for a mere 7 days, from Tuesday,
November 15th. I didn't see you there at 9:30 am this morning...
The funny thing about the one plastic bag is that it was a bag hanging on the wall, a white plastic trash
bag, approximately 18 gallons in size, that was used for trash. What is odd is that a big stack of about
500 pages of pleadings/client files were somehow deposited into this trash bag, and I know for a fact
that they were not previously in that trash bag, because the were important files, not trash. The files
got rather abused as a consequence. Of course, you still have the bulk of my client files, some of which
are in hard copy paper form, some of which are only found on the various hard drives, laptops, desktop
PC, All in One Scanner, and cellular smartphones that I informed you of and gave you specific, detailed
directions regarding howto locate in addition to making offers to help ease your burden in providing
URGENT EMERGENCY ATTENTION REQUIRED!!!!
me these materials. I really need these items, right away, important client matters, of an extremely
exigent nature are being adversely affected by the minute due to your unlawful rent distraint. Beyond
just the client files, there is law practice equipment I need right away, otherwise the consequential
damages (and any duty to mitigate on my part has been severely burdened by your failure to provide
me, one granted indigent status by the Court, with my state issued identification, which makes it hard to
rent temporary house, and, as RPD Sargent Tarter indicated to me, put me subject to being arrested
merely for not having a current address in the context of his writing a traffic ticket....). You remember
that, right, when you drove past me in my car, parked outside 33 Saint Laurence St. shortly after
Sargent Tarter left me, and you squeeled the tires of one of your many Porsches into a Daytona-esque
fenzy and did a donut out in the middle of a busy Virginia St. at rush hour, like some renegade cop
character in a Hollywood popcorn flick pursuing a cartoon villian at all costs, doubling back to your
offices parking lot, to do what I do not know....Check out that Schiff case, the one where the value of a
business (a seafood distributorship of sorts) was awarded as damages, in addition, I believe, to punitive
damages (due to willful misconduct very similar to that which you have demonstrated in the instant
case), and please reconsider your current tact, if for nothing other than your client's prospective
respondeat superior liability.
Additionally, I am still waiting for a sum certain from you in writing so I can come pay you what you feel
is required to be allowed to remove my property from Dr. Merliss's rental property under the unlawful
rent distraint approach you are currently adopting.
Sincerely,
Zach Coughlin
Sent: Wed 11/23/11 8:47 PM
IhavewrittenandcalledyouandyouroIIiceattemptingtopayyou
whatyoubelieveyouareentitledtoandbeaccordedaccesstomy
property.AmotionIoraclientoImineinvolvingwhethera$500,000
debthehasisdischargeableornothasbeensubjecttoa misseddeadline
toyourmalIeasanceandmisconductinwithholdingmyIiles,oIIice
equipment,stateissuedidentiIication,andothermaterialsbyapplying
anunlawIulrentdistraintandimpermissiblyseekingasummary
evictioninconnectionwithacommercialleaseandaleaseunder
$1,000.PleaseprovideprooIinwritingthatyouhavealertedyourcash
cowneurosurgeonclientoItheriskheistakingonunderarespondeat
superiorbasisbyyouractions.
Ineedaccesstomypropertyimmediately.Iwillpay.Whenareyou
available?
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
> Subject: Your stuff
> Date: Tue, 22 Nov 2011 11:45:04 -0800
>
> Mr coughlin - this confirms that you have your wallet - and whatever was Iin
> it.
> I also released two bags of papers to you.
> Don't know what is in them
>
> If you want to discuss the protocol I have laid out for you to get the rest
> of your stuff, feel free.
> It is not written in stone, but you know the parameters that you will need
> to meet.
> If you are going ramble, just make demands or refuse to recognize reality,
> don't bother.
>
>
> Rgh
>
>
>(ii) promoting marketing or recommending to another party any transaction
RE: Personal property @ river rock
>
Sent: Thu 11/24/11 11:23 AM
IwantmystuIItoday.Iwillpay,underprotest(andtobelitigated
later)theunlawIulrentdistraintandotheramountsyouaredemanding.
Icanandwillpaythepro-ratedIullrentchargeIorthenumberoIdays
thismonth.IreIuteyourallegationsthatIhaveacknowledgeanyintent
to"cherrypick"mypropertyandallyourotherbaselessallegationsand
attemptstorewritethestatutestosuityouandyourclientsdesires.to
theextentyouandyourclientarealsodemandingthis$1060chargeIor
securingtheproperty(which,Iunnilyenough,didnotincludetakingthe
southernsidewindowairconditioningunitandlockingthewindow,or
evenputtingastickorsomethingbetweenbottomslidingwindow
paineandthegaptothetopoIthesill.),Iine,Iwillpaythatunder
protesttoo.IdonotbelieveyouareentitltetoanyIurtherprooIor
securitybeyondthat.YourclientacknowledgedreceiptoIa$500
securitydeposit.IwantmystuII,now.IhaveandamoIIeringtopay
the$750proratedstoragecost(whichisclearlynot"reasonable"and
didnotinvolveanymovingorinventorying...iIyouIeelthatisnot
correct,pleaseprovideprooIoIanymovingorinventoryingor
citationtoauthorityIoryoucontentionthatIullrentalvalueoIthe
propertyisareasonable"storagecost").Totheextentyouarealso
demandingsome$1060IortheIaultyandtransparentattemptsto
"secure"theproperty,Iine,Iwillpaythatunderprotesttoo.IIully
intendtogetalloImypropertyandyouhavenobasisIorsuggesting
otherwiseorIurtherburdeningmewithyourdemandsIoradditional
security,whicharereallyjustattemptstocollectsome"backrent"you
thinkyouareowed,orwishyouwereowed,asunlawIulrentdistraint
underNRS118a.520.Pleaeletmeknowwhen,where,andhowyou
willacceptthispaymentandallowmeaccesstotheproperty.
Sincerely,
ZachCoughlin
hespeciIiedindividual(s)only.IIyouarenottheintendedrecipientoranagentresponsibleIordeliveringittothe
intendedrecipient,youareherebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview,
dissemination,copying,orthetakingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited.
> Subject: Personal property @ river rock
> Date: Thu, 24 Nov 2011 09:10:55 -0800
>
> MR. COUGHLIN - I will probably regret this email, but I just can't help
> myself.
>
> You say you want your property.
> Trust me, neither my client nor I want your property.
>
>
>
> You have acknowledged that your intention is to just cherry-pick through
> the house, and leave behind the vast quantities of trash that you have
> hoarded ( not being judgmental, just realistic - are you really going to
> take up all the carpet outside, or take all the dead TV sets & other
> "treasures" you have accumulated ??.........try to be honest just once.).
> The only security that Dr. Merliss has are the few items of objective value
> ( I assume at least some of the TV's work), and the things for which you
> are bargaining. Once he releases those items to you, he waives his security,
> giving up his statutorily granted recourse to the property you CHOSE to
> leave in the house after you were evicted. That stands against what is
> certainly going to be at least $3,500 to just clear out your unwanted
> things. That figure doesn't include back rent, fees, or other damages to the
> home.
>
> Why don't you pay what's owed - see my last email, and offer him some
> additional security? If we are wrong, and you really do take all the stuff,
> or, if we can get your leavings out more cheaply, who knows...... We will,
> of course, have to establish some VERY CLEAR GROUND RULES before you will be
> authorized to be at the property. (authorization for you to be
> there.....cops......time to get what you want...agreeing what we can start
> throwing away now....those kinds of things.)
>
> Let's try to make a deal, and stop the posturing & bluffing.
> You might want to take a look at jordan v state, 121 nev 44(2005) - that's
> where you are heading!
>
> If what you say is true, that you really do have any clients, paying or
>otherwise, you have duties to co-operate and mitigate; neither of which seem
RE: FILING READY SANCTION MOTION ATTACHED;
> to enter your thought processes. There is also the issue of your
> comparative conduct to consider. Why did you abort the hearing that you
> requested?
>
> You want your stuff?
> It isn't going to get any better than this.
>
> Try to bring yourself to deal with some realities.
>
> Rgh
>
>
>
>
>
Sent: Thu 11/24/11 1:55 PM
Mr. Hill,
Though I have previously be very clear in this regard, I will do so again in writing
here. I want all of the property at 121 River Rock St. 89501 that belongs to me,
immediately. This includes property both inside, outside, above, beneath, and within
the house. I am not abandoning any of the property. I have made no indication that I
have any intent to do so, despite you attempts at screen writing in your various hunt
and peck emails to me (odd, because you usually seem to have your staff do just
about everything...are you hiding something from them, or from your client, like the
incredible liabilities you are exposing both to by getting your ego involved and
obstructing the protection of another lawyer's client's rights by applying an unlawful
rent distraint). You are known to have an extensive Porsche collection, one to match
your stone washed jeans, one to bring out the color of your eyes, etc., etc. I don't
knowwhy some people say Porches are for a "Corvette Guy" who has picked up some
heavy pretensions throughout his private schooling. What does that mean? Anyways,
I have a moving trailer and two other large men in addition to myself to help me move
my property and my client's property. I have a money order payable to you for $750
for what you allege are "reasonable storage costs". Further, I have a money order
payable to you for $1060 for what you allege are contractors charges for "securing"
the property" (how that fits into NRS 118A.460's allowance of reasonable costs for
storage, moving, and inventory you have never made clear...One would think such and
outsized "storage charge" as your charging $900 for what could fit in a 10x15 storage
shed at $100 would include any "securing", however, you apparently feel comfortable
enough in front of J udge Sferrazza to even more outlandish arguments, on top of your
associate Casey Baker, Esq.'s professional misconduct in attempting to steal $2,275,
the further malfeasance demonstrated in submitting a Memorandum of Fees and Costs
asking for $20,000K in attorneys fees (despite the preclusive effect of the previous
order in Rev20110-001492 denying the exact charges, date for date, hour for hour,
that were previously sought) based upon a section of NRS 40 that applied only to
situations where the manufacture of controlled substances was alleged and proven
(your legal staff did neither), then continuing to argue and file for attorney's fees
despite to constraints of NRS 69.030 disallowing such in a "summary eviction
proceeding" that is specifically defined as distinct within J CRCP Rule 3. Further, you
have forbid me to even get the items of United States Postal Mail at the property (in
the mailbox and beyond) that are addressed to or belogn to me. I have filed an
Official Change of Address with the United States Postal Service, however, there is
likely some period of time that mail was delivered to 121 River Rock during which the
USPS was processing the request. It is my understanding that you are legally
obligated to preserve and provide those mails to me within a reasonable time. Please
either forward them on to me at the new address that I have provided you with or
inform me in writing with respect to how and when I can obtain what are likely very
time sensitive documents related to exigent client matters. Further, you "instruction"
to have a "dumpster" parked at the property runs contrary to your demand that I not
be at the property or on it in any way under threat of your attempting to have me
arrested. I do not believe I am legally obligated to procure a "dumpster", if you feel
that is the case, please confirm that in writing, and provide some legal support for your
contention. I believe I have demonstrated compliance with all your dubious
conditions to allowing me access to my property Further, I herein reiterate and apply
retrospectively and prospectively my stated practice of not responding to each and
every allegation you make, whether in writing or otherwise, whether alleging a civil or
criminal violation, any any silence on my part or lack of response is not to be taken as
an admission or acknowledgment of whatever assertion or allegations you may have
made against me. As I expected, you have remained suspiciously silent with regard to
providing verification or details related to your highly suspect and dubiously time
allegations of a "crack pipe and bag of weed" being somewhere on the property".
You are reminded that it may be the most intelligent of assumptions on your part to
assume that anything and everything done or said at, within, or around the property is
capable of being monitored and or recorded. I am no asserting that that is the case,
but merely reminded you that it is always a good assumption to make, especially for
someone like yourself who tends to get rather "creative" when facing more than the
typical lack of opposition shown by so many pro se tenant litigants. Your reputation
precedes you, Mr. Hill. Such dubious "crack pipe and a bag of weed" assertions on
your part smell of extortion incident to your cheap imagination and attempts to
arrange for litigation in J ustice Court to be even more convenient for you and your firm
than it already is. Please respond in writing and immediately as this is an emergency.
Further, it is not at all clear how it was appropriate for the court to retain my $2,275 as
a supersedeas/appeal bond, but to no grant the stay under NRS 40.385. You have
indicated, several times, in writing that this is, in your opinion, not a commercial lease.
It that still your contention? Additionally, the recent bill for "securing" the property
from your contractor for $1060 (and which you are apparently requiring me to pay
prior to allowing me access to any of my property, even exigent client files and law
practice equipment) mentions stopping a leak to the basement. Please explain how
that relates in any way to "securing" the property or is at all allowable under NRS
118A.460 or any other law. Please withdraw such a claim both with the court and
from any demand in your "Paratgraph #4" that you are alleging is required to be paid
prior to your allowing access to the property". Further, please explain how charges for
"survey what can be salvaged" is similarly allowable as above. Explain how charges for
"install and key both side deadbolts on 11/16/11 is not redundant or unwarranted
given that the locks were changed at the time of the lockout. Basically, it appears your
contractor and you are attempting to have the court award you an unlawful rent
distraint of $1060 for nailing some plywood boards over the back porch screens, while,
simultaneously, leaving a real risk of entry to the property be leaving a window are
conditioning unit in the window on the south side of the property facing the street held
in place by nothing more than the window beintg closed down on top of it and some
duct tape. You and your contractor failed to even wedge a stick or other item between
the window and sill to prevent one from pushing the window air conditioner unit inside
or outside the house and opening the window to gain entry. There is no indication of
the amount of hours or number of workers who performed this work, alleging it costs
$1060....Perhaps there exists some video footage showing how many workers were
there and for how long. Further, in the proposed Order your associate Baker
submitted on October 27, 2011, even J udge Sferrazza demonstrated embarrassment
and a bit of awe at the audacity and scurrilous character demonstrated in your office
attempting to define the time at which the constable could perform the lockout to be
"not later than October 31st, 2011" rather than what J udge Sferrazza announced form
the bench and subsequently made an interlineation in the Order reflecting, crossing
out "later" and entering earlier and adding "at 5:00 pm".
Mr. Hill, your ominous reference to J ordan v. State, in combination with Reno Police
Department Police Officer Carter's statements that you pay him a lot of money and in
exchange he will arrest who you say to and do what you say to, in conjunction with
some other accusation that I will spare you and others at this time, when viewed with
Baker's attempts to steal $2,275 from me, your returning to the inside of your office
with Sargent Tarter and the other RPD Officer after they told me to leave and that I
would only be afforded avenues of civil redress as far as they were concernce, only to
see Sargent Tarter pull me over in my vehicle a short time later, and retaliate against
me for asserting my right to access justice without paying a subscription fee, on top of
your flagrant attempts to apply unlawful rent distraint create the need to investigate
whether you have an impermissible connection to the court. Your ominous and thinly
veiled threats related to citing J ordan v. State and your other misconduct invoke: "
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to
do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a
lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results
by means that violate the Rules of Professional Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial
conduct or other law."
Please divulge and campaign contributions you have made to J udge Sferrazza at anytime in the last 20
years, any business dealings you have with J udge Sferrazza or other matters invoked by anything
related to the Nevada Code of J udicial Conduct, the Rules of Professional Responsibility, any any other
applicable law.
"4- you can get your possessions out ANYTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS:
damaged door.
moving my property out arrangements.
will sign & return the original. that would be a good step on the road to sincerity."
Sent: Thu 11/24/11 9:54 PM
AllwecandoisourbestMr.Hill. Wecantrytogetitdoneby5pmbut
youhaven'tevensaidwhenwecanstart,justtocallby9am.Please
speciIywhatmethodoIpaymentouwillacceptaswell.Also,arethe
policegoingtostaythereallday? Areyou?AreyoudemandingthatI
consenttopayingthechargesassociatedwithhavingsomechaperone
orsupervisionatthepropertytheentiretimeIammovingmyproperty
Iromit.Ihavenotconsentedtosuchachargeatthispointanddonot
believeyouhavemadeclearwhetheryouarerequiringsuchconsenton
mypartpriortoaccessingthepropertyandwhetheryouwilldemand
writtenackowledgmentoIsuchconsentatsometimetomorrow.Are
youchargingmeIorsomeonetobethere. Pleaseletmeknowin
writingthebareminimumamountIwillneedtopayyouandwhat
manneroIpaymentyouwillaccepttoatleastletmegetmyclientIiles
thatIdesparatelyneedtoobtaininordertoavoidtheircasesbeing
prejudice.Ithinkthatismoreimportantrightnowthananythingyou,I,
orDr.Merlisscareabout,iswhetherthelegalproIessionlookslikeit
doesn'tcareaboutthosepeople.Ibelieveyourclienthasrights,but,his
isaneurosurgeonwiththeluxuryoIspending$30,000onasummary
evictionthatisjustgoingtobeappealed...ClientsoImine,likeJoniand
JohnCarpentierareIightingIoralltheyhaveleIt,andyouare
preventingmeIromaccessingtheirIiles,someareinhardcopyIorm
someareonlyonmyharddrivesonmysmartphone,twolaptops,
desktopPC,andscanner. Thescannerandprinter arenecessarytotheir
representation.Don'tassumemyclientsarejustthoseIorwhomIhave
IiledaNoticeoIAppearance,becausethatisnotthecase.Iamalso
licensedtopracticepatentlawbeIoretheUnitedStatePatentand
TrademarkOIIice.Don'tassumemyonlycasesareinWashoeDistrict
orJusticeCourt,Ihavecasesinothercourtstoo.
So,IromreceivingyourreceiptOppositiontoTenantsMotionIorReturnoIPersonal
PropertyandyourMotionForOrderToShowCaue,IhaveIortheIirsttimeseen
someoItheseemailsyousaidyousentme.WhatcanIsayiIyoudon'tbelieveme,
butsomeoItheemailsyousentinNovemberoI2011werenotsucessIully
transmittedtome,soIonlysawthemIortheIirsttimejustrecently.However,in
thoseemails,yousaidyouwouldgivememywalletandclientIileswithout
demandinganymoneyinalien,yetyouhaveonlyprovidedmywallet,andabagoI
trash,andabagwithabout1percentoImyclientIiles....YouseemtobereIusingto
providememyclientIiles(ortheirIilesdependingupontheinterpretationoI
whethertheattorneyorclient"owns"theIile)unlessIpayyouthiscontractor;s
$1,060chargeIor"securing"apropertythatyouarealreadyassertingIowe$900a
monthIorstorageIeeson. Itseemstomethat$900 amonthshouldincludeditbeing
reasonablysecure.Further,IamnotsurethepropertyiszonedIorbeingastorage
Iacilityormeetscodeinthatregard.
So,pleasedoconIirminwriting(thoughIbelieveareviewoIyouremailswillshow
thatyoualreadyhave)thatyouarereIusingtoallowmetoaccess,copy,take,or
otherwiseobtainmyclientIiles,manyoIwhicharenecessarytorepresentingthese
clientsinmattersoIanextremelyexigentnature.ItismypositionthatyouIailedto
returnmyattemptstoarrangetogetmypropertyoutnearthebeginningoI
November,seeminglyinanattempttorunup"storage"Ieesorcosts....Thenyour
oIIiceallegedthatIcouldnotobtainmypropertyuntilIpaidyouvariousmoniesyou
assertedowingundera"lien"includingtheimpermissibleattorney'sIeesawardyou
wereabletogetJudgeSIerrazzatosign,andwhichspeciIicallyindicatedthatIdid
notIileaoppositiontoyourMemorandumoIFeesandCosts,despitetheIactthatI
didandthatJudgeSIerrazzagrantedmetheopportunitytodosoandsuggestedIdo
soattheOctober7,2011hearing(availableoncd),IdidIileanoppositiontheretoon
October7thor8th,andstilltheimpermissiblesanctionsorderwassignedonOctober
9th,2011....Anywayys,pleaseletmeknowiIIamwrongbutmyunderstandingoI
yourrentdistraintdemandsisthatyouwillnotallowmetoaccessanyoImyormy
client'spropertyuntilboththeprorated"storage"costsoI$900permonthplusthe
contractors$1,060(whichhisreceiptincludeschargesIorIixingaleakinthe
basement,notsurehowthatatallrelatesto the"reasonablestorage,moving,and
no one is answering the phone
inventoryingcosts?)andIdemonstratean abilitythatyouhavevaguelyelucidatedto
movetheentirebalanceoIallpropertythatismineanywhereonthepremisesbeIore
5pmtomorrow,thoughouhavenotindicatedatwhattimeoIthedayIwillbe
allowedtostartaccessingsuchproperty,andIurther,youarerequiringthatIremove
allthepropertylocatedontheexterioroIthehousepriortobeingallowedtoaccess
anyoIthepropertyonthehome'sinterior.IhavereadyourwritingscareIullyand
amconIirmingmyunderstandingoIthemhere,pleaseletmeknowiIIhaveanything
wrongandalsopleaseknowthatanyperIormanceoItheseconditionsonmypartis
nottobeconstruedasawaiveroIanysortoranacceptanceoIthelegalityoIyourso
imposiingthemandthatIIullyintendtoseekredressinacourtoIlawagainstboth
youpersonally,yourlawIirm,yourclient,andperhapsothersIorwhatIIellisan
impermissibleattempttosubvertthelaw andapplyanimpermissiblerentdistrainton
yourBeverlyHillsbredneurosurgeonclient'sbehalI.
Sincerely,
Sent: Fri 11/25/11 10:24 AM
1 attachment
11 25 11 faxed letter to hill.pdf (44.7 KB)
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
theblock,etc.,etc.
contractorsallegationthat"alargequantityoIpills"wereIoundatthe
provide the name oI the declarant incident to the hearsay Mr Hill
undulyprejudicial.
RE: HERE'S THE DEAL
Sincerely,
ZachCoughlin,Esq.
Sent: Fri 11/25/11 10:27 AM
To: Richard Hill (rhill@richardhillaw.com); knielsen@richardhillaw.com
Mr.Hill,
IbelieveyouarerequiredtowithdrawasattorneyoIrecordiIyou Ieel
sobotheredthatyouareresortingto"stalking"histrionics.Obviously,
anopposingpartyisentitledtogotoyouroIIicetoservepaperson you,
etc.ReasonableinvestigationmayinvolvecontactwithyourstaII.II
youcan'tstomachthat,thenjustletmeknowwhoDr.Merliss'snew
attorneyisandIwillproceedaccordingly.
rivacyAct,18U.S.C.2510-2521,andmay containconIidentialinIormationintendedIorthespeciIiedindividual
(s)only.IIyouarenottheintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,you
areherebynotiIiedthatyouhavereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,or
thetakingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited. 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.
> Date: Fri, 25 Nov 2011 09:50:42 -0800
>
> Mr coughlin - I sent you the emails below because you said you wanted to
> pay, albeit under protest, that you had a crew & vehicle & wanted to get
> your stuff.
>
> Now, you change your story & are back to your mantra...."give it to me for
> free"
> Part of the reason I could not find what you claim are client files, is
> because you would not cooperate, and your living quarters in the basement
> were not exactly conducive to any kind of organiztion
>
>
> At this point, all offers are revoked.
>
> Apparently, you will need to be seeing the judge, because you are clearly
> more interested in hassling than in getting on with life.
>
> Stay away from my office & me.
> Do not call.
> You are stalking me & my staff.
> STOP IT!
> rgh
>
>
> MR COUGHLIN - WITHOUT YOUR CONFIRMATION OF A DEAL, THERE IS NO DEAL.
> Stay away from that house !!!!
>
> Subject: HERE'S THE DEAL
>
> Mr. Coughlin - these are the terms under which you will be allowed onto the
> river rock property and into the house for TODAY & today only.
>
> THESE TERMS ARE NOT OPEN TO NEGOTIATION - AT ALL
>
> 1- you said you had cashier's checks to pay for the lien fees. They must be
> payable to me and drawn on a recognizable local bank.
> If not, then cash, but that complicates things, and that cuts into your
> time.
> The amount is $1,060 for the necessary repairs to secure the property after
> your repeated break-ins.
> Also, $30/day for storage. Today is the 25, that means you pay for 24 days (
> $30 x 24 = $720) TOTAL --$1,780. we understand that you contest the lien.
>
> 2- the above figure takes you at your word that you will use your best
> efforts to remove as much of your property from the premises as possible
> today. If you make reasonable progress, reasonable accommodations will be
> made to allow you further access.
>
> 3-NONE of the security points at the home are to be disturbed -AT ALL.
> THIS SPECIFICALLY MEANS THAT THE BOARDS ON THE BACK PORCH REMAIN & ARE NOT
> TAMPERED WITH, REMOVED, OR COMPROMISED IN ANY WAY.
>
> 4- you will have your crew and vehicle for transport of your goods there at
> 9 a.m. No crew or inadequate vehicle - no deal.
> Your & your agents' authorization to be at the property expires at 4:45p.m.
> TODAY. That means that you and they will be gone by that time.
> You & they agree not to come back to the property without prior
> authorization.
> You and your agents will print your names and sign & date a copy of this
> email which will be given to me BEFORE you get into the house
>
>
> 5-BY SIGNING BELOW, YOU AND YOUR AGENTS HEREBY RELEASE DR MERLISS (HIS
> TRUST), ME & MY FIRM, IN ADVANCE, FROM ANY AND ALL INJ URIES, FROM ANY
> SOURCE & OF ANY KIND, ARISING OUT OF YOUR OR THEIR PRESENCE ON THE PROPERTY
> TODAY OR IN THE FUTURE ( ASSUMING FUTURE AUTHORIZATION FOR SAME). YOU,
> PERSONALLY, AGREE TO INDEMNIFY US FROM ANY SUCH LOSS, COST OR DAMAGE,
> INCLUDING FEES.
>
>
>
>
> BY SIGNING BELOW, YOU AGREE TO ALL OF THE FOREGOING
>
>
> PRINT NAMES
so sue 6, like a g6
> DATE
> SIGN
>
> Finally, your computer & 2 laptops, that were previously placed in storage,
> will be released when your compliance with the foregoing has been verified.
>
> Please confirm your agreement
> Do I need to have the cops there??
>
>
> 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 you have
> received this message in error, please notify the sender and delete the
> email message from your system. Thank you.
>
>
Sent: Fri 11/25/11 12:41 PM
ranksalltheway,Swope,RenoHigh,UNR, UNLV...nobodypattedmy
youdoisspecialandrigthegamessoyouwineverytime.Youralleged
photographingyourlicenseplatesistelling...Howareyougoingtohave
Iocusingandyourscriptguyisnotanswering?** Notice**Thismessageand
Date: Fri, 25 Nov 2011 11:07:21 -0800
you continue to lie
landlord's lien.
ZachCoughlin,Esq.
817N.VirginiaSt.
Reno,NV89501
Tel7753388118
Fax9496677402
November25
th
,2011
theblock,etc.,etc.
contractorsallegationthat"a large quantityoIpills"wereIoundatthe
providethenameoIthedeclarantincidenttothehearsayMr.Hill
undulyprejudicial.
your larceny or conversion
Sincerely,
ZachCoughlin,Esq.
Sent: Fri 11/25/11 12:58 PM
not true
Sent: Sat 11/26/11 10:16 PM
To: Richard Hill (rhill@richardhillaw.com)
Mr.Hill,nosuchstatementsweremadetotheRPDinIacttheremaybe
tapeshowingthecontrary,IdidinIormtheRPDthatyoudidIinally
givememywalletandthestateissuedIDthatitcontained,aboutone
weekaIterIbeganrequestingitIromyou.IIsomeoneIromtheRPDis
tellingyouIsaidyouwerestillwithholdingmywallet,theyare
incorrect,and,likeIindicated,theremaybetapeprovingthat.I
believeyouarecurrentlywrongIully withholdingmyclientIiles.IIyou
Ieelyourdutytoyourclientincludesalienontheelectronics,thenhow
aboutallowngmetocopytheIilessotheclientsarenotprejudiced,and
tell me how my blank blank
youcanretaintheelectronicsuntilaIinalresolutionisissued.
However,asIhavementionedtoyou,Idonotbelieveyouhavealien
toanypropertythatwasnotonthepropertyatthetimeoItheillegal
lockout,butwhichwasatthepropertyonNovember13,included
amongstsuchitemsaremysmartphones,keys,harddrives,andother
electronicsandIiles.YouarewrongIullywithholdingthepropertyoI
another,asIarasIamconcerned,withanintenttodeprive.Further,
thiswasamixeduselease,bothcommercialandresidential.Youmay
havesomesurprisesinstoreIoryouwithrespecttothebusiness
requirementsyouseemtobeleaningon.Further,Inoticetheoutdoor
IoammattressismissingIromtheporch. Do you happen to know anything
about that? You have failed to respond to my demand for specifics regarding the
"crack pipe" you allege you found, neither indicating whether it was found inside or
outside the house at the property.
Sincerely,
Zach Coughlin
Press ENTER to look up in Wiktionary or CTRL+ENTER to look up in Wikipedia
Sent: Mon 11/28/11 4:35 AM
To: Richard Hill (rhill@richardhillaw.com); shill@richardhillaw.com; cdbaker@richardhillaw.com;
Look,guy,youareopposingcounselonthiscase,you needtobe
capableoIacceptingacalltwo.Jesus,gotakeabathinyourmoneyor
somethingiIyouarethatshakenup,it'llmakeyouIeelbetter.Youare
theonewhowithheldastateissueddriver'slicenseIoroneentireweek
despitenumerousdemands,includingwrittendemands,thatyou
relinquishit.Youaretheonewhomadeseveralwrittenattestationsthat
hewouldprovidetheclientIilesIormylawpractice,thensuddenly
reIusedtodoso,thentriedtomakeupsomebaloneyabouthowsome
bagoItrashyougrabbedIrom121RiverRockSt.weremy"client
Iiles".YouareembarrassingthelegalproIession,Mr.Hill.Igots
client,myman,andoneoIthemjusthadadeadlinetoIilean
OppositiontoMotiontoAmendComplaintthatwasperhapsblown,
writing Acting Court Administrator pursuant to N. S.
Ct. landlord tenant forms instructions
involvinga$500,000claim,anditwas,perhaps,blownduetoyour
malIeasance.YouhavenotprovidedwrittenprooIoIyourhaving
procuredinIormedconsentIromyourclientrespectingtheseoutrageous
chancesyouaretakingwithhisliability.Hell,hedidn'tevenseemto
beawarethatJusticeCourt101saysnoattorney'sIeesinSummary
EvictionProceedings!
ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacyAct,18U.S.C.
2510-2521,andmaycontainconIidentialinIormationintendedIorthespeciIiedindividual(s)only.IIyouare
nottheintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,youareherebynotiIied
thatyouhavereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,orthetakingoIany
actionbasedonthecontentsoIthisinIormationisstrictlyprohibited. This message is confidential, intended
> Subject: Do not call my office
> Date: Sun, 27 Nov 2011 13:29:52 -0600
>
> Mr coughlin- do not call my office. My staff has been instructed to hang up if you call you will confine
your communications with me & my staff to writing.
>
> Rgh
>
> Sent from my iPhone probably while diving.
> RGH
>
Sent: Tue 11/29/11 12:37 AM
To: craig.franden@washoecourts.us; cfranden@mail.co.washoe.nv.us; Richard Hill
DearMr.Franden,
TheNevadaSupremeCourtonlinelandlordtenantIormsandLandlord
TenanthandbookdirectmetowriteyouandinquireastowhetherI
needmakesomepayment,aIeeorbondorotherwise,toIurthermy
appealalong.MyEmergencyMotionIorStayhasnotbeenruleonin
withholding my mail
CV11-03051involvingtheSummaryEvictionIrommyhomelaw
oIIice(which,indcidentallyalsohouseanotherbusinessoImine)under
aleasethatallowedIorbothresidentialandorcommercialuses.The
NevadaSupremeCourtlandlordtenanthandbookindicatesthat
SummaryEvictionsarenotevenpermissibleincommercialleases...
http://www.ccwashoe.com/public/ckpublicqrydoct.cpdktrptIrames?
backtoP&caseidCV11-03051&begindate&enddate
PleaseletmeknowiIImustmayanymoniesintothecourtatthistime,Iorany
reasonatall(whetheraIilingIee,bondoIsomesort,orotherwise).
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
** Notice** Thismessageandaccompanyingdocumentsarecoveredby theelectronicCommunicationsPrivacy
takingoIanyactionbasedonthecontentsoIthisinIormationisstrictlyprohibited.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: Thu 12/08/11 3:25 PM
sgallagher@richardhillaw.com; knielsen@richardhillaw.com
DearLawOIIiceoIRichardG.Hill,
12 20 2011 hearing under NRS 40.253(7-8) falls
after Hill's 12 19 2011 deadline, statute requires
hearing be set sooner NRS 40.253(7)-(8)
Youareallegedlywithholdingitemsaddressedtomethatweresentin
theUnitedStatesMail.SomeoIthesepiecesoImailinvolveimportant
andexigentclientmatters.Additionally,youroIIicereIusedtoreturn
mystateissueddriver'slicenseIortheentireperiodbetweenNovember
15th,throughNovember22nd,whichisanothercriminallawviolation,
Ibelieve.IdonotbelieveyouhaveanybasisIoralienontheseitems.
Further,youarewithholdingitemsoIminethatwerenotattheproperty
atthetimeoIyourillegallockout. YouhavebeeninIormedastowhat
theseitemsare,andIbelieveyouareguiltyoIacriminallawviolation
Iorwithholdingthem.Pleasemakethemavailabletomeatonce.
Pleasedonotattempttomakephonecallsorvoicemailstome.Please
communicatetomeonlyinwriting.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
fax: 949 667 7402
Sent: Thu 12/08/11 9:18 PM
sgallagher@richardhillaw.com; kstancil@washoecounty.us; stuttle@washoecounty.us
2 attachments
12 8 11 letter to Richard G. Hill re contest personal property lien.pdf (110.8 KB) , LT Coughlin
(disp of pers ppty - with encl)(12-2-11)[1].pdf (86.4 KB)
Zach Coughlin, Esq.
Reno, NV 89501
Tel: please only communicate in writing
Fax: 949 667 7402
Law Office of Richard G. Hill, Esq. and Casey Baker, Esq.
652 Forest St.
Reno, NV 89503
December 8, 2011
As you know, the Court has decided to set another hearing in that Regard for December 20th, 2011 at
9:45 am. However, and very, very curiously (again!) the RJ C could only set the hearing (despite the
statutory requirement in NRS 40.253(7)-(8) that is occur within 10 days of the filing of my Motion To
Contest Personal Property Lien) for December 20
th
, 2011 at 9:45 a.m. As such I am left in the
untenable situation of allowing your artificial deadline to pass, at which point you will, according to your
own written words, firesale mine and my client's property, do the same with property at 121 River Rock
which belongs to others, and just generally destroy heirlooms, keepsakes, office equipment, mattress
business equipment and other materials. I AM HEREBY REQUESTING IN WRITING A WRITTEN
STIPULATION FROM YOU AGREEING TO EXTEND THE PERIOD YOU LAID OUT IN YOUR
DECEMBER 2, 2011 LETTER TO ME BY WHICH YOU ASSERT, AT PAGE 2 PARAGRAPH 1, THAT
THE FINAL DAY ON WHICH YOU WILL BE ALLOWED TO ENTER ONTO THE rIVER rOCK
PROPERTY PURSUANT TO THIS OFFER IS MONDAY, DECEMBER 19, 2011... Please agree to
retract your artificial December 19, 2011 deadline and place any new deadline out at least 5 days after
any ruling on the Motion to Contest Personal Property Lien by the Reno J ustice Court, pursuant to the
hearing on that Motion currently set for December 20
th
, 2011 at 9:45 a.m. I FURTHER RESERVE ALL
MY RIGHTS TO CONTEST OR PURSUE MY RIGHTS UNDER THE DEFAULT THAT SHOULD HAVE BEEN
ORDERED AGAINST YOU PURSUANT TO YOUR FAILUR TO APPEAR AT THE NOVEMBER 22ND, 2011
HEARING PREVIOUSLY SET IN THIS MATTER AND FURTHER RESERVE ME RIGHT TO SEEK REDRESS
FOR THE FACT THAT (ASIDE FROM WHATEVER THE NOVEMBER 22ND, 2011 HEARING WILL BE
DEEMED) THE RENO J USTICE COURT FAILED TO HOLD A HEARING IN RESPONSE TO MY MOTION IN
COMPLIANCE WITH THE SPECIFIC DICTATES FOUND IN NRS 40.253(7)-(8), INCLUDING, BUT NOT
LIMITED TO, HAVING THE SHERIFF AFFECT SERVICE OF NOTICE OF SUCH HEARING.
I received your shameless December 2, 2011 letter in the mail "Re: Disposal of personal property left at
121 River Rock, Reno, Nevada". I dispute all contentions or allegations it contains. As I have previously
indicated, though, I am under no duty to do so, given your propensity to attempt to bury the truth in
lies and all the time sapping that would have on me should I agree to register my contentions or
disagreements with your attempts to practice law. You have failed to provide any proof of any
"inventorying" done on your part or any itemization of charges incurred in relation to such inventorying.
Further, you have been served a filing ready NRCP 11 motion incident to your pernicious attempts to
include the contractor's bill of $1060 (which includes an entry for "fixing leak in the basement",
something for which, there is no reasonable nexus to NRS 40.460's dicate calling for reasonable costs
for "inventorying, moving, and storage). Given that you have already sent me written bills and demands
for rent, starting November 1, 2011 (something for which Richard Hill lied to the RPD Officers about at
the time of the arrest for alleged trespass on November 13th, 2011, Officer Carter, RPD, etc.).
Further, I showed up to the hearing pursuant to NRS 40.253(7)-(8). You failed to. There is not issue as
to staleness, but rather why a default judgment should not have issued in my favor pursuant to your
failure to appear for the hearing. Further, the 10 days called for in NRS 40.253(7)-(8) (I would cite it
here for you, but prefer to see if you can be bothered to actually look up and read that section for the
first time all by yourself) certainly are calculated in a different way than however it is you came to the
determination that My Motion to Contest of November 16, 2011 was "stale".
Further, as found on page 2 of your December 2, 2011 letter, "the terms and conditions for you to
So, under NRS 40.253(7)-(8) even should your "stale" argument hold water, I still have 20 days from
the date you provided written itemization of your charges to move for another hearing to contest your
unlawful rent distraint attempt on a commercial business where you filed only a No Cause Notice of
Eviction (oops!), using a damn form, no less, while billing $20,000 to your client, er, I mean to contest
THE 21 DAY SAFE HARBOR PERIOD IS DUE TO EXPIRE SOON WITH REGARD TO YOUR MAINTAINING
THIS EVICTION UNDER NRS 40.253 DESPITE YOUR EXPRESS WRITTEN ADMISSION THAT IT
INVOLVES A COMMERCIAL LEASE AND MERELY A NO CAUSE NOTICE OF EVICTION/UNLAWFUL
DETAINER. THE LAW IS CLEAR IN THIS REGARD, HOLDING THAT NO CAUSE EVICTIONS ARE NOT
PERMISSIBLE AGAINST COMMERCIAL TENANTS WHERE FAILURE TO PAY RENT IS NOT ALLEGED.
ALERT THE COURT TO YOUR TRANSGRESSION IMMEDIATELY OR PREPARE TO DEFEND AGAINST
YOUR VEXATIOUS TACTIS. FURTHER, PLEASE PROVIDE PROOF THAT YOU RECEIVED YOUR MD
CLIENT'S "INFORMED CONSENT" WITH RESPECT TO THE VARIOUS RISKS YOU WERE DRAGGING HIM
THROUGH INCIDENT TO YOUR "WRONG SITE SURGERY" OF A LEGAL NATURE, ie, seeking a No Cause
Eviction against a commercial tenant, asking for attorney's fees and running up a $20,000 attorney's
fees bill within a type of proceeding, a Summary Eviction Proceeding a la NRS 40.253, that is expressly
included amongst those matters in Nevada's J ustice Court (J CRCP 3) that do not allow for a prevailing
party award of attorney's fees.
Further, you have apparently been giving away commercial property of mine, including materials related
to the mattress business located as 121 River Rock St. Do you want to guess whether or not I have a
video tape of anyone attesting that you did, in fact, give them a mattress, or do anything else? You
know, under Schiff, you, and your client, can be held valuable for the entire value of either business in
damages under the wrongful eviction and other tort/contract based theories of recovery that will be
included in the lawsuit against you, as resulted in the wrongful eviction of a seafood distributor
in Schiff, to the tune of some $300,000, if memory serves. That may extend to personal liability with
respect to your various employees. FURTHER, YOU ARE ALLEGEDLY BOTH WITHHOLDING AND
DENYING MY ACCESS TO ITEMS MAILED TO ME, MY LAW PRACTICE, OR MY MATTRESS BUSINESS IN
THE UNITED STATES POSTAL SERVICE, A VIOLATION OF FEDERAL LAW. I DEMAND YOU MAKE THESE
ITEMS AVAILABLE TO ME AT ONCE.
You are allegedly withholding items addressed to me that were sent in the United States Mail. Some of
these pieces of mail involve important and exigent client matters. Additionally, your office refused to
return my state issued driver's license for the entire period between November 15th, through November
22nd, which is another criminal law violation, I believe. I do not believe you have any basis for a lien on
these items. Further, you are withholding items of mine that were not at the property at the time of
your illegal lockout. You have been informed as to what these items are, and I believe you are guilty of
a criminal law violation for withholding them. Please make them available to me at once. Please do not
attempt to make phone calls or voice mails to me. Please communicate to me only in writing.
Sincerely,
Zach Coughlin, Esq.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
fax: 949 667 7402
INDEX TO EXHIBITS:
1. EXHIBIT 1: COLLECTION OF FILINGS AND CORRESPONDENCES RELEVEANT TO
IN FORMA PAUPERIS STATUS AND EXIGENCIES RELATED TO OBTAINING CLIENT
FILES CURRENTLY WITHHELD UNDER AN UNLAWFUL RENT DISTRAINT ____(____)
PAGES
EXHIBIT 1:_____(______) PAGES
Zach Coughlin, Esq.
121 River Rock St (mail might be Iorwarded to a new address)
Reno, NV 89501
zachcoughlinhotmail.com

November 19, 2011

652 Forest St.
Reno, NV 89509

Dear Mr. Hill,
I want to make an initial written statement (and I believe I have already made an across the board
announcement to Baker in a similar vein) that makes clear that I will not respond or reIute every
baseless or Ialse allegation you make or seem to make in your communications to me. For instance, I
do not know what you are reIerring to in your statements, in your email below, when you wrote that:
4- you can geL your possessions ouL AN1lMF, 8U1 ONL ON 1HF FOLLOWlNC
CONDl1lONS. .b- because ol your repeaLed break-ins, which compromised Lhe securiLy ol
Lhe home, you need Lo also pay Lhe S,060 LhaL Lhe conLracLor charged Lo secure Lhe home
and iLs conLenLs( your valuable possessions) ..
c- you will NO1 be allowed Lo Lake your compuLers & drugs and leave all Lhe resL ol Lhe mass
ol junk lor us Lo clean up aL Lhe house. you need Lo cooperaLe.

Mr. Hill, please provide Iactual support in writing Ior the extremely inIlammatory allegations you made
above. Also, please provide a detailed, itemized receipt Irom the 'contractor charge oI $1,060 Ior
'securing the home. As Iar as I can tell, someone nailed a Iew $20 pieces oI plywood over the screens
on the back porch. Since when does that cost $1,060? Further, you may well have caused your client
to have to deIend a wrongIul arrest lawsuit, including deIamation damages, consequential damages,
etc.All Ior what, so you can continue to bill, bill, bill? Aren`t you embarrassed that the associate you
are under a duty to supervise attempted to sneak a $2,275 conversion to your client oI an impermissible
rent escrow deposit past the court, while also trying to get about $20K in attorney`s Iees where there
exists absolutely no basis in Iact or law Ior such an award?

Now Ior your scandalous statement in your recent email, paragraph 4(c): 'you will NO1 be allowed
Lo Lake your compuLers & drugs and leave all Lhe resL ol Lhe mass ol junk lor us Lo clean up aL
Lhe house. you need Lo cooperaLe.
1

WhaL on earLh do you mean, sir, by "your compuLers & drugs" Please provide deLailed and
specilic lacLual supporL lor your accusaLion, oLherwise, l Lake your wriLing Lo be, essenLially,
some sorL ol exLorLionaLe LhreaL Lo aLLempL Lo lrame me in some manner by planLing "drugs" ol
some sorL aL Lhe residence. Perhaps, Lhis is some lasL gasp aLLempL on your parL Lo
manulacLure a basis lor Lhe aLLorney lee award your associaLe 8aker soughL, when he ciLed Lo
an aLLorney's lees provision in NRS 40, Lhough, aL Lhe Lime, he admiLLed he was very much
unaware LhaL LhaL provision relaLed only Lo Lhose circumsLances where a LenanL was guilL ol
manulacLuring cerLain conLrolled subsLances aL Lhe renLal residence.

1o me, your "drugs" blasL is parLicularly 8usch league and low renL and l hope LhaL you will
apologize Lo me lor making such a slanderous allegaLion. 8y "drugs" do you mean
anLibioLics Do you mean over Lhe counLer Unisom sleep aid Do you mean viLamins
8ecause, as l am sure you know, Lhe Lenor ol your wriLLen commenL implies someLhing lairly
nelarious and prejudicial. l know, lrom reviewing your work, LhaL you are lairly lazy and noL all
LhaL adepL wiLh research or compuLers. RaLher, you seem Lo be a paper reseller, providing
LhaL service Lo your clienLs aL approximaLely a 90,000% markup. Did you lind a prescripLion
lor an anLibioLic or someLhing and noL boLher Lo even look up Lhe prescripLion medicaLion
inserL inlormaLion How mighL you have come upon such an anLibioLic, were you going
Lhrough my personal iLems in an obsessive and paLheLic, brownshirL worLhy, aLLempL Lo lind
someLhing, anyLhing, Lo supporL whaL has become a lairly paLheLic case lor you Lo be involved
in ou are noL Lo violaLe my privacy or my clienLs in any way, Mr. Hill. ou have
manulacLured a phony need Lo "sLore" my properLy in an aLLempL Lo Lry Lo collecL someLhing,
anyLhing lor you or your neurosurgeon clienL, by relusing Lo reLurn my calls or provide an
appropriaLe wriLLen response Lo my numerous requesL and aLLempLs Lo geL my personal
properLy. ou reach lor ever more lar llung supporL lor your Lenuous argumenLs relaLed Lo
some need Lo "secure" Lhe properLy.you are doing a greaL job insuring l am prevenLed lrom
geLLing my properLy (which includes imporLanL and exigenL clienL liles, lor which your lailure Lo
provide me access Lo is reprehensible and Lacky beyond measure).

1his recenL apparenLly exLorLionaLe and paLenLly lalse accusaLion on your parL lalls in line wiLh
Lhe characLer you evidence on or abouL November 6
Lh
, 20 when you yelled aL Coughlin,
while you were boLh driving one ol you vinLage Porches and simulLaneously aLLempLing Lo lilm
Coughlin walking on a public sidewalk, LhaL you "were calling Lhe police and were going Lo
have" Coughlin arresLed, again.

Mr. Hill, l realize you did noL grow up wiLh Lhe inLerneL and email. However, please realize, il
one sends an email and iL is reLurned Lo Lhem as undeliverable, iL is raLher easy Lo prove LhaL.
For insLance, leL's say one adds Lo Lheir email accounL's "blocked sender" lisL Lhe email
address ol an aLLorney(s) or lirm who conLinually aLLempLs Lo circumvenL Lhe service
requiremenLs ol a summary evicLion proceeding and make whaL is already a process LhaL
proceeds aL warp speed even lasLer by conLinuing Lo aLLempL Lo service Lhe opposing parLy
elecLronically or by email, even where Lhe opposing parLy was noL a regisLered eliler and
2
conLinually provided wriLLen sLaLemenLs Lo opposing counsel LhaL email or oLher elecLronic
meLhods ol service would noL be accepLed and were inellecLive in ellecLing service ol process
wiLh respecL Lo any maLLer. WhaL Lhen WhaL il Lhere is rock solid prool LhaL such an aLLorney
was added Lo Lhe "blocked sender lisL", and LhaL such prool conclusively shows noL only LhaL
Lhe opposing counsel's asserLions LhaL he "knows" Lhe oLher aLLorney received his emails, only
lurLher demonsLraLe Lhe baseless naLure ol nearly every asserLion made by Lhe said blocked
sender

1hen, Lhe blocked sender looks lurLher ridiculous by aLLempLing Lo mainLain LhaL he didn'L ever
receive any "reLurned as undeliverable" message upon his aLLempLed emails Lo Lhe opposing
counsel being "blocked", as a consequence ol Lhe aLLorney's email address being added Lo
Lhe "blocked sender" lisL, doesn'L he So, are you sLill Lhinking you are going Lo suddenly
grasp Lhe complexiLies ol email communicaLions, liLigaLion hold noLices, caching, Lime
sLamping, eLc

Mr. Hill, l did noL receive any emails

WhaL is inLeresLing is LhaL your neurosurgeon clienL musL undersLand Lhe concepL ol "inlormed
consenL", one would imagine, righL Well, did he give you his inlormed consenL Lo bill him
S20,000 or so in aLLorney's lees wiLhin a summary evicLion proceeding, even where, Nevada
law is exLremely clear as Lo when and where aLLorney's lees awards are available in JusLice
CourL, and where iL is very well seLLled black leLLer law LhaL a summary evicLion proceeding is
noL one ol Lhose siLuaLions where aLLorney's lees awards are available Well, did Dr. Merliss
provide you his inlormed consenL Did you commiL a liLLle "wrong siLe surgery" ol your own
Lhere, or is Dr. Merliss leigning a compleLe and uLLer lack ol awareness ol Lhe sLaLe ol Lhe law
in Nevada in LhaL regard ls Dr. Merliss LroLLing ouL his old sLandby, "your communicaLions
were unclear, l jusL didn'L undersLand Lhe conLenL you were conveying Lo me, Lhe
neurosurgeon." Dr. Merliss LroLLed ouL Lhe old "you were unclear, l misinLerpreLed Lhe rules, l
didn'L undersLand" song in dance numerous Limes while on Lhe wiLness sLand in Lhe insLanL
case, lirsL when explaining away how Lhe May 4, 20 email expliciLly deLailing, in wriLing Lhe
habiLabiliLy issues and requesL Lo cure made upon Dr. Merliss relaLed Lo Lhe exLremely moldy
insulaLion lound in Lhe home as well as Lhe broken window, boLh habiLabiliLy issues per se
under NRS 8a.290.. 1here, gosh darn iL, Dr. Merliss jusL "didn'L undersLand" because Lhe
message was "unclear". ls Dr Merliss going Lo be suing you and your lirm someday, because,
darn iL, somebody is responsible lor Lhe S20K he spenL in aLLorney's lees on a summary
evicLion proceeding LhaL yielded an imminenLly voidable and vacaLable and amendable and
appealable JudgmenL, especially where iL is JusLice CourL 0 LhaL such acLions do noL allow
lor aLLorney's lee awards ls Dr. Merliss similarly going Lo be suing you alleging LhaL your
negligence in making lalse and or negligenL sLaLemenLs Lo a police ollicer caused an aLLorney
Lo be arresLed (and all Lhe delamaLory and consequenLial damages sLemming Lherelrom,
especially considering your relusal Lo allow LhaL aLLorney Lo access his clienL liles, even under
exigenL circumsLances LhaL you were made aware ol numerous Limes and in numerous ways)
and Lhereby managed Lo geL Dr. Merliss ensnared in a wronglul arresL suiL, a delamaLion
acLion, eLc.. ls Lhis even more Lrue where Lhe associaLe you had and have a duLy Lo supervise
3
did in lacL send Lhe LenanL a wriLLen sLaLemenL or bill lor renL lor S900 lor Lhe 2 River Rock
SL properLy, Lhereby evisceraLing any evicLion as well as any basis lor seeking an arresL lor
Lrespassing, much less Lhe more egregious charges you were overhead imploring Lhe Ollicer
CarLer Lo lile. l am relerring Lo Lhe Reno Police Ollicer CarLer who also sLaLed Lo me LhaL you
paid him a loL ol money and LhaL he would arresL whoever you said Lo arresL and do whaL you
said Lo do. ls Dr. Merliss going Lo be answering your quesLions aL a deposiLion someday, wiLh
mincing aLLempLs Lo explain how you were "unclear" unLil you have him cornered in some
analyLical quagmire, aL which poinL he will aLLempL Lo change Lhe subjecL, leign an inabiliLy Lo
discern simple Fnglish in a manner LhaL would make Sammy Sosa responding Lo sLeroid
quesLions blush, and jusL generally embarrass his prolession over whaL does noL even
amounL Lo an unbelievably small lracLion ol his yearly salary (like say, S500 bucks Lo quash
complainLs ol moldy insulaLion inlesLaLion in Lhe renLal).

FurLher, you sLaLed Lo Ollicer CarLer near Lhe end ol Lhe Lrespassing arresL ol November 8
Lh
,
20 LhaL neiLher you nor anyone lrom you lirm had senL Lhe LenanL, Coughlin, anyLhing in
wriLing purporLing Lo charge Coughlin S900 lor renL ol Lhe properLy lor November 20, nor
had you or your lirm senL anyLhing Lo Coughlin asserLing LhaL you and your lirm would noL
allow Coughlin access Lo any ol his properLy (including exigenL clienL liles) in lighL ol an
unspecilied, undeLailed, uniLemized "lien" LhaL your ollice asserLed Lo have over Coughlin's
properLy. ou robbed Ollicer CarLer ol LhaL viLal biL ol inlormaLion by your sLaLemenL LhaL no
such wriLLen communicaLion was senL Lo Coughlin, eiLher by you or your ollice, and in so
making such a sLaLemenL you lied or were exLremely negligenL in your response Lo Ollicer
CarLer's quesLion, and Lhus you, and by exLension, your clienL are liabile lor a wronglul arresL,
a delamaLion claim, eLc., eLc. Please be sure Lo obLain lrom Mr. 8aker copies oll all Lhe
correspondences he has senL Coughlin, parLicularly Lhose lrom November 20 LhaL purporL
Lo charge Coughlin S900 renL lor Lhe 2 River Rock SL. properLy lor Lhe monLh ol November
20 and which reluse Lo provide Coughlin access Lo his properLy or allow Coughlin Lo
remove his properLy based upon some unidenLilied, uniLemized "lien" 8aker asserLs over
Coughlin's properLy.

Also, please read Lhe LeasL AgreemenL lor Lhe lirsL Lime. ou will lind Lhe Lease AgreemenL is
quiLe clear LhaL Lhe renLal properLy may be used lor AN purpose, including a commercial
purpose, such as a law ollice, or, say, some oLher business LhaL my or may noL require any ol
Lhe business licensure requiremenLs you allude Lo. l know you likely will noL even read Lhe
Lease AgreemenL a single Lime, raLher will "look aL Lhe 'voluminous' sLack ol emails
propounded by Lhe opposing parLy purporLing Lo encapsulaLe Lhe wriLLen correspondence
beLween landlord and LenanL" Lhen lail Lo even skim Lhe sLack, buL raLher Lhrow a helLy enLry
onLo Lhe billable hours pile (which will noL sLop you or your associaLe lrom billing lor such a
review several more Limes over Lhe nexL 6 weeks, nor lrom commiLLing numerous violaLions ol
J CRCP , NRS 7.085, Lhe FDCPA, eLc).. 8uL, you mighL acLually wanL Lo read Lhe Lease
AgreemenL, iL is clear, Lhe renLal could be used lor a varieLy ol purposes, including a
commercial one, or a hybrid purpose, such a lor a home law ollice ol a solo proprieLor.

FurLher, Lhe Lease AgreemenL is clear on Lhe liabiliLy ol your clienL lor Lhe properLy damage
4
done by Creen AcLion Lawn Service, whom your clienL made Lhe ouLlandish asserLion was
paid over S2,000 Lo do Lhe same job ol "Laking care ol Lhe weeds" jusL 8 days alLer our clienL
enLhusiasLically agreed Lo, in wriLing, pay Lhe LenanL S800 Lo "Lake care ol Lhe weeds".

Mr. Hill, you have my phone. Please do noL assume any numbers l have called you lrom are
noL pay phones or phones LhaL l borrowed lrom someone Lo make a call or oLher such
Lemporary phone numbers. For now, lor Lhe sole purpose ol leLLing me know when and how
you will allow me Lo access and remove my properLy lrom 2 River Rock and Lo esLablish,
iLemize, and provide documenLaLion in supporL ol any lien you claim, you may email me
communicaLions Lo my email on lile aL www.nvbar.org. Please do noL lax me. ll you have
been laxing me please leL me know. our conversion ol my properLy has rendered phone and
lax communicaLion less reliable Lhan iL normally would be. FurLher, your conversion ol boLh
my walleL and Lhe sLaLe issued idenLilicaLion iL conLains, and lor which you have been made
are ol, has made making Lhe necessary arrangemenLs involved wiLh moving, running my lile,
proLecLing my clienLs, helping your clienL, and jusL generally doing anyLhing oLher Lhan allow
you Lo conLinue your aLLorney's lees rain dance and exLorLionaLe, delamaLory diaLribes, well,
raLher dilliculL. So, Lo be clear, regarding any emails my ollicial www.nvbar.org email accounL,
zachcoughlin@hoLmail.com, received lrom your rhill@richardhillaw.com, l did receive your
Lwo emails lrom /8/, one aL 6.5 a.m. and one aL 2.4 p.m. 8eyond LhaL Lhe only email
received lrom your ollicial email address Lo mine was your inLroducLory email ol 8/6/ aL
4.88 p.m., Lo me alerLing me Lo your underLaking Lhe represenLaLion ol Dr. Merliss wiLh respecL
Lo Lhe maLLer Lo which l had already begun Lo "iniLiaLe or delend againsL" vis a vis NRS
8a.50. So, l assure you l will have no problem LesLilying Lo, signing an allidaviL, or
oLherwise proving LhaL l did noL receive any emails lrom your rhill@richardhillaw.com ollicial
email address aL anyLime beLween Lhe illegal lockouL on or abouL November up Lo Lhe email
you senL me on /8/ aL 6.5 a.m.. So, please adjusL your pleadings Lo rellecL LhaL your
email address did noL successlully LransmiL any emails Lo my email address, and LhaL you do
noL have any wriLLen supporL lor your conLenLions LhaL you did receive conlirmaLion ol any
such successlul email Lransmission lrom your email address Lo mine, much less an email
relaLed Lo allowing me Lo access Lo or Lhe abiliLy Lo remove my properLy.

our successlully LransmiLLed emails lrom your rhill@richardhillaw.com address are included,
in Lheir enLireLy below. So, jusL please email me Lhe Lime, even anyLime Lhis weekend,
SaLurday, Sunday, whenever, when you will allow me Lo geL my properLy, including my sLaLe
issued idenLilicaLion, walleL, clienL liles, compuLers, hard drives, eLc., eLc.Please include an
iLemized, deLailed sLaLemenL ol any amounLs you believe l musL pay prior Lo your allowing
such access, legal supporL lor your Laking such posiLions, and lacLual supporL and
documenLaLion, including wriLLen asserLions LhaL you did noL receive any "reLurned as
undeliverable" emails in response Lo any ol your alleged aLLempLs Lo email me aL any Lime in
November 20 abouL anyLhing aL all.

Again, l have more pressing maLLers Lhan Lo specilically address every lalse allegaLion you
make, buL please provide some wriLLen and specilic documenLaLion in supporL ol your
allegaLions ol prolaniLy or obsceniLy being uLLered in communicaLions wiLh your sLall, raLher
5
Lhan your malignanL hearsay. Finally, a hinL. Maybe check your "lailed" email lolder lor
inlormaLion relaLed Lo your NRCP duLy Lo Lhe courL wiLh respecL Lo you asserLions LhaL you
"know" l "received" your alleged emails in November 20. Also, pIeas e be sure to
remember that you have been pIaced on a "LI TI GATION HOLD NOTI C with
respect to any emaiI s you have received whi ch in any way inform you that
any emaiI s you had attempted to s end to my addres s might have not been
suc c es sfuIIy transmitted or were otherwi se returned as undeIiverabI e.

As lor your emails, Mr. Hill, l received Lhe lollowing lrom your email address on lile wiLh Lhe
SLaLe 8ar ol Nevada, rhill@richardhillaw.com.

From. Richard Hill (rhill@richardhillaw.com)
SenL. 1ue 8/6/ 4.88 PM
1o. 'MaLL Merliss' (magunda@aol.com), zachcoughlin@hoLmail.com
mr coughlin - please direcL all lurLher communicLaions on Lhe river rock properLy Lo my ollice.

rgh
652 loresL sLreeL
reno 89509

From. Richard Hill (rhill@richardhillaw.com)
SenL. Fri /8/ 2.4 PM
1o. zachcoughlin@hoLmail.com

Mr coughlin - Lhis conlirms a voie mail lelL lor you Lhis alLernoon, alLer
you spoke wiLh my recepLionisL.
She did noL reporL any vulgariLy or oLher in appropriaLe behavior.
1hank you.

l have senL you Lwo emails in Lhe lasL 24 hours.
6
May we please have Lhe pelasure ol a response

Regards
Rgh

To: zachcoughlinhotmail.com
Subject: RE: issues
Date: Fri, 18 Nov 2011 06:51:41 -0800
mr coughlin - lor a momenL Lhere, i LhoughL LhaL you were going Lo hold iL LogeLher.

you need Lo respond Lo my email ol yesLerday, which is pasLed below. iL adequaLely describes
whaL you need Lo do and pay. see parLagraph 4!!

my oller Lo reLrieve your walleL is sLill open, and iL exLends Lo your "clienL liles," even Lhough
you had a residenLial lease LhaL did noL conLemplaLe you running an unlicensed business.

il you conLinue Lhe game LhaL you did noL geL my emails, Lhen i Lhink LhaL you puL Lhe conLenLs
ol your compuLers aL issue, and we need Lo be concerned abouL issues such as spoliaLion.

you need Lo respond Lo Lhis, or my email ol yesLeday - pasLed below.

rgh

Mr. Coughlin - your emails below are so lull ol ouLrighL lies and missLaLemenLs, LhaL iL is
impossible Lo address Lhem all and Lough Lo ligure ouL where Lo sLarL.

- we boLh know LhaL Lhe reason you were noL responding Lo my emails abouL geLLing your
sLull ouL is because you were ensconced in Lhe basemenL lor almosL Lwo weeks & LhoughL we
would never ligure iL ouL. you have labricaLed Lhe parL abouL calling or conLacLing us Lo geL
your sLull ouL. (please be sure Lo save your cell phone bill, as iL should show who you
acLually called & when. please be sure Lo preserve all evidence.) Lhe lacL is, l was emailing
you & you were noL responding. you now bear Lhe consequences ol your loolish decisions.

2- you had ample Lime Lo geL your sLull ouL alLer you were apprised LhaL you were going Lo
acLually be locked ouL. you had a week, buL did noLhing.
7
your relerence Lo 0 minuLes is jusL nonsense. you chose Lo use Lhe Lime you had Lo geL
yoursell raL holed in Lhe basemenL, raLher Lhan deal wiLh realiLy and geL your sLull ouL.

8- Lhe lorm you slid Lhrough Lhe mail sloL lasL nighL cahllenegs Lhe landlord's "Ll FN." please
look aL your lorm and Lhe sLaLuLe, NRS 8A.460, ACAlN. iL conLrols, wheLher you like iL or
noL.

4- you can geL your possessions ouL AN1lMF, 8U1 ONL ON 1HF FOLLOWlNC
CONDl1lONS.
a- you owe & musL pay, in cash, S80 per day (S900/80 = S80)sLarLing November , 20, lor
sLorage. Lhere is no requiremenL LhaL we move your sLull. you pick Lhe daLe and pay Lhrough
LhaL daLe - 8FFORF you geL your sLull. LOOK A1 1HF S1A1U1F!
yes, we could pay S2,000 Lo move your hoard ol goods inLo a sLorage laciliLy.
however, while Lhe renL mighL be cheaper, Lhe LoLal would be lar more Lhan jusL leaving iL
where OU LFF1 l1. we are miLigaLing your damages, and acLually making iL cheaper lor you
Lo geL your sLull released lrom Lhe sLaLuLory lien.
b- because ol your repeaLed break-ins, which compromised Lhe securiLy ol Lhe home, you
need Lo also pay Lhe S,060 LhaL Lhe conLracLor charged Lo secure Lhe home and iLs conLenLs(
your valuable possessions). LhaL price does noL include Lhe basemenL door LhaL was
desLroyed in Lhe process ol geLLing you ouL when you were arresLed. buL, il you pay Lhe oLher
relaLed cosLs, we will recommend LhaL Dr. Merliss waive Lhe damaged door.
c- you will NO1 be allowed Lo Lake your compuLers & drugs and leave all Lhe resL ol Lhe mass
ol junk lor us Lo clean up aL Lhe house. you need Lo cooperaLe.

d- you will need Lo demonsLraLe Lhe linancial abiliLy and adequaLe manpower Lo geL
subsLanLially everyLhing ouL in one day. we suggesL LhaL means a u-haul, or someLhing similar,
and some manpower Lo assisL. we MA be willing Lo allow you more Lime, depending on your
deporLmenL, your sinceriLy and your ellorLs. Lo daLe, you have been sorely lacking on all lronLs.

il you wanL Lo make a proposal, puL iL in an email & send iL back.
however, please keep iL real. you are noL in conLrol - on many levels.

5- we Lhink LhaL you are correcL, Lhe jusLice's courL award ol cosLs should be vacaLed.
we will prepare a sLipulaLion & lorward iL Lo you elecLronically. please conlirm LhaL you will sign
& reLurn Lhe original. LhaL would be a good sLep on Lhe road Lo sinceriLy.

6 - PLFASF S1OP 1HF vULCARl1 Wl1H M S1AFF. Lhere is no excuse lor abusing oLher
people, iL is noL your righL. Lhe more dilliculL you make Lhings, Lhe more dilliculL Lhings will be.
8

7 - so we are all clear. UN1lL & UNLFSS OU HAvF PRlOR SPFCl FlC AU1HORlZA1lON
FROM MF, OU ARF NO1 1O 8F ON 1HF PROPFR1 FOR AN RFASON. please see
NRS 22.020.

may we please hear lrom you - in an email
Rgh

Fnd ol emails lrom rhill@richardhillaw.com
Sincerely,

Zach Coughlin, Fsq.
/s/ Zach Coughlin, signed elecLronically

9

Reno, Nevada 89501
(775) 348-7560
(Toll Free) 800-570-5583
Fax: (775) 348-7977
Lewis S. Taitel
Attorney at Law
Reno, Nevada 89501
(775) 322-2272
Fax: (775) 348-7977
Page1 oI2 NevadaCourtServices-Attorney
Page 2 of 2 Nevada Court Services - Attorney
RICHARD G. HILL
rhill@rIchordhll/ow.com
CASEY D. BAKER
cdboker@rlchardhillaw.com
SALLY S. GALLAGHER, Legal Assistant
SHERRI L. HILL, ugal Assistant
shfl/@rlchardhillaw.com
knielsen@rlchardhlllaw.com
ORIGI NAL BY U.S. MAIL
652 Forest Street
Reno. NeoOOo 89509
Reno, Neoada 89505
COPY BY EMAIL (zachcoughlin@hotmaiI,CQm)
Zachary Coughlin
c/ o Silver Dollar Motor Lodge
Reno, Nevada 89501
(775) 348-0888
FAX (775) 3480858
December 2 , 2011
Re: Disposal of personal property left at 121 River Rock, Reno,
Nevada
Dear Mr. Coughlin:
This letter is sent to you for all purposes contemplated by NRS n8A-460. A
copy of that st atute is enclosed for your reference.
More than 30 days have now elapsed since you were evicted from the real
property at 121 Ri ver Rock, Reno, Nevada. You have failed to redeem your personal
property left on the premises by paying the reasonable costs of inventory, movi ng and
storage, as provided in the referenced statute, despite the Dr. Merliss' offers to allow you
to do so. You have failed to bring the matter on for a bearing as provided in that statute,
despite your opportunity to do so.
Because you refused tocommunicateor cooperatewitb the court, tbe time for
a hearing pursuant to NRS 118A. 460(2) has now expired, and your Motion to Contest
Personal Property Lien, fil ed on November 16, 20ll , is stale. As such, Dr. Merliss is not
under any obligation to allow you to redeem your personal property, on any conditions.
December 2 ,2011
Page 2 0f 3
Nevertheless, Dr. Merliss is still willing to work with you so t hat you can
redeem your property. The terms and conditions for you to enter the River Rock property
and remove your belongings are the same as those terms contained in Mr. Hill 's email to
you dated November 25. 2 0 11, a copy of which is enclosed herewith, with the followi ng
changes:
1. The final day on which you will be allowed to enter onto the River Rock
property pursuant to this offer is Monday. December 19. 2 011 . Subject to your full
compliance with all terms of the offer, as modified herein, your right to enter the property
wi ll begin at 9:00 a.m. on the day of your choosing, and expire at 4:45 p.m. that same day.
Your access will be restrict ed to weekdays, only (i .e. Monday through Friday, noweekends).
This is to accommodate the advance notice required of you, as set forth below.
2. Because you have demonstrated your inability to proceed truthfully and
in good faith, the payment contemplated in paragraph 1 of Mr. Hill's email must be
delivered to our office by no later than 24 hours in advance of the date you wish to begin to
move your belongings. That payment must include payment for the day on which you
propose to move your things. The daily rate set forth in Mr. Hill 's email still applies. In
addition, your payment must include t he $1,060 already incurred to secure the property
after your repeated break-i ns, plus any other sums that may be incurred in that regard in
the interim, When you let me know when you wish to remove your property, I win provide
you with a total.
have adequate manpower and vehicular means to move your goods, That means a verifi able
reservation or receipt for a Uhaul or similar vehicle. Given the sheer volume of your
belongings, a pickup truck will not be considered adequate.
4, All other terms of Mr. Hill's email, enclosed herewith, remain the same.
That incl udes the signatures of you and your agents, as described in that email. Those
signatures must also be delivered at t he same time as your payment and proof of vehicle
arrangements,
If you have not made appropriate arrangements with our offi ce, and removed
your things by Monday, December 19. 20 11, Dr, Merliss will dispose of all personal property
left on the premises sometime after that date. We antici pate that those items with sufficient
value to j ustify processing will be sold at a "yard sale" type proceeding. Those items without
sufficient value will simply be discarded, Dr. Merliss will likely credit bid on some items.
December 2, 2011
Page 2 of3
In the meantime, you do nQt have permission to go on the River
Rock property, for iIDY reason.
It is up to you how you wish to proceed. May we please hear from you?
Sincerely,
0::t:
Encl.
- NRS 118A.460
- Email dated Novemher 25, 2011
Cc: Dr. Merl iss
Printe d on: 12/ 2/2011
,,,
Page ## 1
NRS 118A.460 Proced .... re for disposal of personal property abandoned or left on premises.
I . The landlord may dispose of personal property abandoned on the premises by a fonner tenant or left on the
premises after eviction of the tenant without incurring civil or criminal liability in the following manner:
(a) The landlord shall reasona.bly provide for the safe storage of the property for 30 days after the abandonment
or eviction or the end of the rental period and may charge and collect the reasonable and acrual costs of inventory.
moving and storage before releasing the property to the tenant or his or her authorized representative rightfully
claiming the property within that period. The landlord is liable to the tenant only for the landlord's negligent or
wrongful acts in storing the property.
(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his or her
reasonable costs out of the property or the value thereof if the landlord has made reasonable efforts to locate the
tenant, has notified the tenant in writing of his or her intention to dispose of the property and 14 days nave elapsed
since the noti ce was given to the tenant. The notice must be mailed to the tenant at the tenant's present address, and if
that address is unknown, then at the tenant's last known address.
(c) Vehicles must be disposed of in the manner provided in chapter 487 ofNRS for abandoned vehicles.
2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of
subsection I may be resolved using the procedure provided in subsection 7 ofNRS 40.253.
(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)
W'EST rU8L1SIHNG co.
tttr-a :or &
land\ofd and Tenant (:0 161(t} 16t(l).
WESTrA W Topic No. 23).
C.J.5. lAndlord and Tenant f ) 17.
Pri nted from the Official Nevada Law Library from the Source
Copyright c 2011
' f e
i,
,
,
,
Casey Baker
From:
Sent:
To:
Richard Hill (rhill@richardhillaw.comJ
Friday, November 25, 2011 7:49 AM
'Casey Baker' ; 'Matt Merliss'
---Original Message-----
From: ruchard Hill [mailto:rhill @richardhillaw.com]
Sent: Friday, November 25. 2011 7:49 AM
To: 'zachcoughlin@hotmai1. com'
Mr. Coughlin - these are the terms under which you will be allowed onto the river rock property and into the house for
TODAY & today only.
1- you said you had cashier's checks to pay for the lien fees. They must be payable to me and drawn on a recognizable local
bank.
If not. then cash, but that complicates things, and that cuts into your time.
The amount is $1,060 (or the necessary repairs to secure the property after your repeated break-ins.
A1so, $30/ day (or storage. Today is the 25, that means you pay for 24 days ($30 x 24 "" $720) TOTAL -$1,780. we
understand that you contest the lien.
2- the above figure takes you at your word that you will use your best efforts to remove as much o( your property from the
premises as possible today. If you make reasonable progress, reasonable accommodations will be made to allow you
further access.
THIS SPECIFICALLY MEANS THAT THE BOARDS ON THE BACK PORCH REMAIN & ARE NOT TAMPERED WITH,
REMOVED, OR COMPROMISED IN ANY WAY.
4- you wi ll have your crew and vehicle (or transport o(your goods there at
Your & your agents' authorization to be at the property expires at 4:45P.m.
You & they agree not to come back to the property without prior authorization.
You and your agents will print your names and sign & date a copy of this email which will be given to me BEFORE you get
into the house
S-BY SIGNING BELOW, YOU AND YOUR AGENTS HEREBY RELEASE DR MERLISS (HIS TRUST), ME & MY FIRM, IN
ADVANCE, FROM ANY AND ALL INJURIES, FROM ANY SOURCE & OF ANY KIND, ARISING OUT OF YOUR OR
THEIR PRESENCE ON THE PROPERTY TODAY OR IN THE FUTURE (ASSUMING FUTURE AUTHORIZATION FOR
SAME). YOU, PERSONALLY, AGREE TO INDEMNIFY US FROM ANY SUCH LOSS, COST OR DAMAGE, INCLUDING
FEES.
PRlNTNAMES
DATE
SIGN
... tt j
1
Finally, your computer & 2 laptops, that were previously placed in storage, will be released when your compliance with the
foregoing has been verified. \.
Please confino your agreement
Rgh
CONFIDENTIAL: ATI'ORNEY WORK PRODUcr; AITORNEY-CU ENT PRIVILEGE This e-mail may contain legally
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2
j
.,
RICHARD G. HILL
,hlll@rlchordhlllow.com
CASEY D. BAKER
cdbaker@rlchardhlllow.com
SAU Y S. GAl..1.AGHER, Legal Assistant
sgallagher@rlchordhlllow.com
shlll@rlc:hordhlllow.com
KAREN A. NIELSEN, ugol Assistant
knfelsen@rlchardhlllow.com
By Facsimile Only (325-6591)
Honorable David Clifton
Department 5
Reno Justice Court
PO Box 30083
Reno, Nevada 89520
652 Forest Street
Reno, Nevada 89509
Po;! Office Box 2551
Reno, Nevada 89505
October '9, 2011
(775) 348-C888
FAX (775) 348.1J858
www. ric:hardhi/low.c:om
Re: EMERGENCY REQUEST FOR CONFERENCE CALL
Merliss v. Coughlin (Case No. REV2011-001708)
Dear Judge Clifton:
I take the unusual step of writing to you directly because time is of the
essence, and I understand Judge Sferrazza to be out of the office.
My office represents the landlord, Dr. Matthew Merliss, in this summary
eviction case. The tenant, Mr. Coughlin, is an attorney. On October 13, 2011, we had a
hearing in front of Judge Sferrazza. That bearing was continued to Tuesday, October 25,
2011, in order to allow Mr. Cougblin an additional opportunity to present evidence to
substantiate bis legal defense of alleged habitability and retaliatory eviction. On October
'7,2011, you denied Mr. Cougblin's motion to vacate Judge Sferrazza's order after hearing.
Also on October 18, my office filed a Motion for Order Requiring Inspection
of Real Property'Pursuant to NJCRCP 34, and also an ex parte motion for order shortening
the briefing schedule of that motion. In the motion for order shortening time, I certified
to the court that the motion had been sent to Mr. Coughlin by email, and by hand delivery.
Mr. Coughlin's response to myemail,whichwassenttomeat 2:36a.m., this morning, is
enclosed herewith. Mr. Coughlin obviously received a copy of the motion. The Affidavit
of Attempted Service from Reno Carson Messenger Service is also enclosed herewith. A
free-standing certificate of service is being filed today.
Letter to Hon. David Clifton
October 19, 2011
Page 2 of2
I am requesting an emergency conference call with the court to
address the motion for order requiring inspection of the property. As set forth
in the motion, Mr. Coughlin has repeatedly denied my client access to the property, on no
less than three occasions. If Mr. Coughlin is going to attempt to substantiate a defense
based on habitability, then Merliss is entitled to see the evidence Coughlin will be asking
the court to rely on.
The hearing in this matter is set for Tuesday, October 25, 2011. Therefore,
time is of the essence. IfI or my staff can do anything to speed up the process, please do not
hesitate to call on us.
Sincerely,
~ ~ ~ ~
Enel.
- Email from Coughlin dated October 18, 2011
- Affidavit of Attempted Service
ee: Zaeh Coughlin (by email (withenclosures): zaeheoughlin@hotmail.com)
Casey Baker
From: Zach Coughlin [zachcoughlin@hotmail.com]
Sent: Wednesday, October 19, 201 1 2:36 AM
To: cdbaker@richardhillaw.com;
Subject: RE: REV2011-OO1708
I don't to
I i
when you and no one you employ hand delivered anythign and you failed to attach a size proof of
service. Son, you are getting sloppy and reckless. Why don't you try sitting a few plays out, huh?
Zach Coughlin, Esq.
121 River Rock 51.
Reno, NV 8950 I
7753388118
Licensed In Nevada
1 ur 1
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AFFIDAVIT OF ATTEMPTED SERVICE
STATE OF NEVADA
55
COUNTY OF WASHOE
BRYAN KRAMER R-046010, being first duly sworn, deposes and says:
affiant is a citizen of the United States, over 18 years of age, not a party to nor interested in
within action, and in such capacity is licensed to serve civil process in the State of Nevada
license #322 has knowledge of the following facts.
On the 18th day of October, 2011 affiant received the SUBPOENA Dvers
TECUM RE HEARINGj EX PARTE MOTION FOR ORDER SHORTENING TIME; MOTION FOR
ORDER REQUIRING INSPECTION OF REAL PROPERTY PURSUANT TO NJCRCP 34 along
with instructions to serve:
ZACHARY COUGHLIN
At the address of:
121 RIVER ROCK STREET
RENO, NV 89503
DRIVEWAY lie #: 838-NER.
16 Affiant, on the basis of the above information, has been unable to serve:
17 ZACHARY COUGHLIN
18
19
Affiant does hereby affirm under
affidavit are true.
.:I1ions of
20
21
SWORN to before me on
o I, by BRYAN KRAMER R-()46010.

-1-
RICHARD G. HILL
rhllJ@rlchardhUJaw.com
CASEY D. BAKER
cdbaker@richardhlllaw.com
SALLY S. GAUAGHER, Legal Assistant
sgallagher@rlchardhlllaw.com
shlll@rIchordhlllaw.com
KAREN A. NIELSEN, U!gal Assistant
knielsen@rlchordhlllaw.com
By Facsimile Only (325-6715)
Honorable Peter J. Sferrazza
Department 2
Reno Justice Court
PO Box 30083
Reno, Nevada 89520
652 Forest Street
Reno, Nevada 89509
p"", Offire Box 2551
Reno, Nevada 89505
October 20, 2011
(775) 348.0B88
FAX (775) 348-1l858
wUlw.rlchardhWaw.com
Re: EMERGENCY REQUEST FOR HEARING
Dear Judge Sferrazza:
Reference is made to my letter to Judge Clifton, dated October 18, 2011, a
copy of which is enclosed for your reference.
The purpose of this letter is to request an emergency hearing on
two specific issues that need to be brought before the court in advance of the
hearing currently scheduled for October 25, 2011. Those issues are:
(1) Whether Mr. Coughlin's notice of appeal, filed on October 18, 2011, divests
this court of jurisdiction to proceed with the October 25, 2011 hearing. We believe that it
does not, and that the hearing should go forward; and
(2) Merliss' motion for order requiring inspection of real property, filed herein
on October 18, 2011 . Merliss is entitled to inspect the property. But, in fairness, Mr.
Coughlin needs to have an opportunity to be heard on the matter.
Letter to Hon. Judge Sferrazza
Re: EMERGENCY REQUEST FOR HEARING
October 20, 2011
Page 20f2
In the event the parties are not able to be heard on the matter, and Merliss is
unable to inspect the property before next Tuesday's hearing, we will likely have no choice
but to seek to adjourn that hearing at some point to go inspect the property in order to meet
any proof that Mr. Coughlin might present. For that reason, J believe that an emergency
hearing either this afternoon (October 20, 2011), or first thing the morning of October 21,
2011, would be the best use of the court's time, and would avoid any unnecessary further
continuances of this matter.
If! or mystaffcan do anything to speed up the process, please do not hesitate
to call on us.
Sincerely,
~ G ~
Encl.
- Letter to Judge Clifton dated October 1B, 2011
cc: Zach Coughlin (by email (withenclosures):zachcoughlin@hotmail.com)
J3)
RICHARD G. HIll
rlTll/@rlchardhl/klw.com
CASEY D. BAKER
cdbaker@rfchardhWaw.com
SAil.. Y S. GALLAGHER, lAgal Asslstortt
sgallagtt.r@rk:hardh/llow.com
SHERR! L. HILL. Legol Assistant
shlll@rlchordtJl/low.com
KAREN A. MELSEN, Legal Assistant
knt.lHn@rlchardhlllow.com
Dy Facsimile Only (325-6591)
Honorable David Clifton
Departments
Reno Justice Court
PO Box 30083
Reno. Nevada 89520
652 Forest Street
Reno, Nevada 89509
Reno, J'levodo ~
October 19. 2011
Ins} 34'<l888
FAX (77S) 348-<J858
www.rIchordh/lloUl.com
DearJudge Clifton:
I take the unusual step of writiQg to you directly because time is ofthe
essence, and I understand Judge Sferrazza to be out of the office.
My office represents the landlord, Dr. Matthew MerJiss, in this'suml,llaty
evi,ction case. The tenant, Mr. Coughlin, is an attorney. On October 131. 2011, we had a
hearing in front of Judge Sferrazza. That ~ r i n g was continued to Tuesday. October 25.
2011. in order to allow Mr. Coughlin an additional opportunity to present evidence to
substantiate his legal defense of alleged habitability and retaliatory eviction. On October
17, 20.11, you denied Mr. Coughlin's motiQn to vacate Judge Sferrazza's order after hearing.
Also on October 18. my office tiled a Motion for Order Requiring Inspection
of Real PropertY,'Pursuantto NJCRCP 34. and also an ex parte motion for order shortening
the briefing schedule of that motion. In the motion for order shortening time. I certified
to the court that the motion had been sent tel Mr. Coughlin by email. and by hand delivery.
Mr. Coughlin's response to myemail,whichwassent to meat 2:36 a.m., this morning, is
. enclosed herewith. Mr. Coughlin obviously recejved a copy of the motion. The Mfidavit
of Attempted Service from Reno Carson Messenger Service is also enclosed herewitQ .. A
free-standing certificate of service is being filed today.
Letter to Hon. David Clifton
October 19, 2011
Page 2 of2
I am requesting an emergency conference call with the court to
address the motion for order requiring inspection oftbe property. As set forth
in-the mopon, Mr. Coughlin has repeatedly denied my client acceSs to the property, on no
less than three Occasions. If Mr. Coughlin is going to attempt to substantiate a defense
based on habitability, then Merliss is entitled to see the evidence CoughliI\ wilI be asking
the court to rely on.
The hearing in this matter is set for Tuesd.8.y, October 25, 2011. Ther.efore,
time is ofthe essence. If! or my staff cando anything to speed up tbeprocess, please do not
hesitate to call on us.
Sincerely,
S ~ ~ e ? t
Enel.
- Email from Coughlin dat<:<\ October 18, 2011
- Affidavit of Attempted Service
ce: Zaeh Coughlin (by email (with enclosures): zaehcoughlin@hotmail.oom)
r
*
n?r'
Casey Baker
From: Zach Coughlin [zachooughlln@hotmail .oom]
Sent: Wednesday, October 19, 20112:36 AM
To: cdbaker@rk:I'1erdhUlaw.ccm;mm@nchardhUlaw.com
S,:,bJ9Ct: RE: REV2011..()()1708
don't
when you and no one you employ hand delivered anythlgn and you failed to a size proof r:J
seMce. Son, you are gettrng sloppy and reckless. Why don't you by stttlng a few plays out, huh?
Zath CouChlin, Esq.
121 RJver Rode. St.
Reno, NV 89501
17S 338 8118
LlcenKd Jo Nevada
ragt: l or J
1
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AFFIDAVIT OF ATTEMPTED SERVICE
STATE OF NEVADA
55
COUNTY OF WASHOE
BRYAN KRAMER R-046010, being first duly sworn, deposes and says:
affiant is a citizen of the United States, over 18 years of age, not a party to nor interested in
within action, and in such capacity is licensed to serve civil process in the State of Nevada
license #322 has knowledge of the follOWing fBCts.
On the 18th day oCOctober, 2011 affiant received the SUBPOENA DUCES
TECUM RE HEARING; EX PARTE MOTION POR ORDER SHORTENING TIME; MOTION FOR
ORDER REQUIRINC INSPEcrtON OF REAL PROPERTY PURSUANT TO NJCRCP 34 along
with instructions to serve: .
ZACHARY COUGHLIN
At the address of:
121 RIVER ROCK STREET
RENO, NV 89503
DRIVEWAY UC#: 838-NER.
Affiant, on the basis of the above information. has been unable to serve:
ZACHARY COUGHLIN
Affiant does hereby affinn under of
19 Ilaffidilvitaretrue. .
20
21
to before me on
o I, by BRYAN KRAMER R-<l46OIO.
22
25 11---
- 1-
gr
LAW Of'ICf:
RlCHANI G. HILL
1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775)348-0888
6
7
8
9
10 MATT MERLISS;
11 Plaintiff,
Case No.: REV2011"001708
Dept. No. 2
12 v.
14
15
16
17
18
Defendant.
MOTION FOR ORDER REQUIRING INSPECfION
OF REAL PROPERTY PURSUANT TO NJCRCP 34
Landlord, MATT MERLISS, through counsel, RICHARD G. HILL,
19 CHARTERED and CASEY D. BAKER, ESQ., moves the court for an order requiring tenant,
20 ZACHARY COUGHLIN, to permit an inspection by landlord 0 f the rental premises
21 pursuant to NJCRCP 34. This motion is based on the points and authorities below and all
22 papers and pleadings on file herein.
23
24
This is a summary eviction proceeding based on a 30-dayno-cause termination
25 notice served on Coughlin, who is a month-to-month tenant.
26
27 III
: = , ~ : " ~ 28 / / /
(775) 34MIM$
Fu(71S)304a.o&511
I
LAWOFFlCE
lICKARD 0. tu.L
1 At the hearing on October '3, 2011, this court specifically found that Coughlin
2 alleged, but had not substantiated, a defense to that eviction based on what Coughlin
3 claims are "habitability issues" with the property, and Merliss' alleged retaliatory conduct
4 in light of Coughlin's complaints ahout those issues. Accordingly, the court issued an order
5 requiring Coughlin to deposit whatever rent he claimed to be withholding pursuant to NRS
6 u8A.355. and set another hearing for October 25. 2011, where Coughlin would be allowed
7 another attempt to substantiate his defense.
8 Merliss is entitled to meet Coughlin's allegations oflack of habitability. But he
9 cannot fairly do so unless he is allowed to inspect the property, and, specifically, the items
10 for which Coughlin claims to be withholding rent. At the hearing, Merliss will present
11 testimony and evidence that he or his agents have attempted to inspect the property on no
12 'Iess than three times; twice in direct response to "habitability" complaints by Coughlin. On
13 all of those occasions, Coughlin had advance knowledge of the inspections. On two of those
14 occasions, Coughlin either failed to show up, or refused to answer the door, therefore
15 thwarting the inspections he had requested. On one of those occasions, Coughlin refused
16 to permit peaceable entry into the premises. See Declaration of Casey D. Baker, Esq.,
17 attached hereto as EXHIBIT 1. Merliss cannot fairly be expected to meet Coughlin's defense
18 if he cannot inspect the property and verify the conditions of those items identified by
19 Coughlin as "uninhabitable".
20 WHEREFORE Merliss prays far an order of this court, pursuant to NJCRCP 34,
21 requiring Coughlin to permit Merliss, or someone acting on his behalf, to enter into the
22 premises at 121 River Rock, Reno, Nevada, on Friday. October 21, 2011, at 2:00 p.m., for the
23 purpose of inspection and measuring, surveying, photographing, testing, or sampling the
24 property, and, specifically; the items identified by Coughlin as "habitability" issues at the
25 October '3, 2011 hearing, including the front steps, the surrounding grounds, the garbage
26 disposal, the window, and any insulation; and for such other, further and additional relief
27 as seet)1s just to the court in the premises.
28 III ..... Ne

F--.{l1S) 3ota-oe6ll
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DATED this
. ~
I]) day of October, 2011.
652 Forest Street
Reno, Nevada 89509
3
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EXHIBIT NO.
1
EXmBIT INDEX
DESCRIPTION PAGES
Declaration of Casey D. Baker 13
EXHIBIT 1
EXHIBI'T 1
gr
LAWOFflC
'!!CHARD O. HIll,.
1
2 S1ate Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10 MATTMERUSS;
11 Plaintiff,
12 v.
Defendant.
)
l
)
l
l
)
Case No.: REV2011-001708
Dept. No. 2
14
15
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17
18
DEClARATION OF CASEY D. BAKER, FSO.
CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of
19 peljury avers:
20 1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
21 and over 18 years of age. This declaration is based on my personal knowledge, except those
22 matters stated on information and belief, and as to those items I believe them to be true.
23 This declaration is made in support of plaintiffs Motionfor Order Requiring Inspection
24 of Real Property Pursuant to NJCRCP 34 filed herein by MATTHEW MERLlSS, and
25 represents my testimony if called on to present same in court.
26 2. I am an attorney duly licensed as such by the State of Nevada to practice
27 before all courts of tbis State and maintain my office at 652 Forest Street, Reno, Nevada.
= . ~ ~ 28 III
( 1 1 ) ~
F-mS) W-Oese
j,'

LAWOI'flCE
IUCHAJlD O. HILL
1 I am also licensed to practice before the United States District Court for the District of
2 Nevada.
3 3. My office is counsel for Matthew Merliss in this matter.
4 4. On September 22, 2011, on behalf of Dr. Merliss, I dispatcbed Randy
5 Fisher. a local handyman, and a representative of A-I Electric, to 121 River Rock, Reno,
e Nevada, to inspect, and, if poSSible, repair, two issues identified to my office by Mr .
7 Coughlin as "habitability" issues.
8 4.1. The issues to addressed at that inspection were one or more
9 allegedly broken windows, and one or more light fIXtures that were allegedly "dangling"
10 from the ceiling.
11 5. Mr. Coughlin was given more than 48 hours notice for the referenced
12 inspection.
13 6. I am informed and believe that Mr. Coughlin was not present when Mr.
14 Fisher and A-I Electric arrived at the property at tbe scheduled time, and that, for tbat
15 reason, the inspection did not take place.
16 6.1. Attacbed hereto as EXHIBIT 1 is a true and correct copy of the
17 invoice from Mr. Fisher, which was submitted to me by Mr. Fisher directly.
18 7 On September 30,2011,1 sent an email and a letter, by U.S. Mail, to Mr.
19 Coughlin, informing him that the landlord would be conducting a maintenance inspection
20 of the premises on October 4,2011, pursuant to NRS 118A.330 and paragraph 25 of the
21 parties' lease.
22 7. 1. A true and correct copy of my email to Mr. Cougblin is attached
23 hereto as EXHIBIT 2.
24
7.2. A true and correct copy of my letter to Mr. Coughlin .is attached
25 hereto as EXHIBIT 3.
26
27
Poot 011-.. 80'12551 28
A . . . . . . ~ e e s o s
8. At the time of tbe scheduled inspection, Mr. Coughlin arrived
approximately 5 minutes late. Before Mr. Coughlin had even parked his vehicle, he ordered
my staff and I off the property.
(775) 340118
Fu(175) 3<1 8-0&58
2
I .
LAW OFfICE
'IICItAJU) G. HIll
1 9. Thereafter, Mr. Coughlin entered the residence, only to appear
2 approximately 5-10 minutes later, with both a video camera and a "regular". digital, camera.
3 10. Mr. Coughlin then proceeded to taunt us, essentially daring us to attempt
4 to enter the premises, while feigning acquiescence in us doing so. Mr. Coughlin purported
5 to video-record the entire encounter.
6 10.1. For exampJe, when I asked Mr. Cough1in directly whether he was
7 going to allow us to enter the house and conduct the inspection, his response was something
8 to the effect of "well, what are you going to do if J say no? Are you going to storm in here
9 like some sort of brown-shirt?"
10 10.2. I informed Mr. Coughlin that we would not be forcing our way into
11 the premises.
12 10.3. When I asked Mr. Coughlin again whether he was going to permit
13 us to enter the house and conduct the inspection, he began to say things like "well, I'm not
14 telling you 'no'"; and "if you have a right to enter under the lease, why do you need my
15 permission?"; and "what ifljust don't say anything. what are yOll going to do then?"
16 11. Based on Mr. Coughlin's behavior, it became very clear to me that he was
17 not going to grant us peaceable entry into the premises. Accordingly, we declined to press
18 the matter further, and left. Mr. Coughlin continued to taunt us as we drove away.
19
20
21
12. I declare under penalty of perjury that the foregoing is true and correct.
"
23 DATED this \ '6 day of October, 2011
24
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(IIIq eo.. 2541 28

F1IX(775) l4OII5e
3
..
LAW OFFICE
C,,",RD G. Hll..L
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;.I omc.a.. 2551 28 ...... __ 89&lS
(115) 34.oe83
- u { 7 7 ~ 300&58
-, :)
EXHIBIT INDEX
EXHIBIT NO. DESCRIPTION PAGES
1 Invoice from Mr. Fisher
4
2 Email to Mr. Coughlin 1
3
Letter to Mr. Coughlin 1
4
.
EXHIBIT 1
EXHIBIT 1
I.
""""'
7. /, /
OAOER TAl<ENBV CUSTOMER'S DAOER I4uMElER
o DAY WORK o CONTRACT DEXTRA
JOB NAMEftoIUMIlEA
JOB !.OCATION
STARTINGOATE
QTY. MATERIAL PRICE AMOUNT
MATERIAL TOTAL
OTHER CHARGES
TOTAL OTHER
__ qj., LABOR
HRS. RATE AMOUNT
?-z,/" /
1 1/<;
co
TOTAL lABOR
'f'i

TOTAl MATERIALS
(j:..j hf TOTALOTHEA
(0"
)()

TAX
1/2.
)'CJ
TOTAL
RANDY FISHER
3885 LlMKIN STREET
RENO, NV 89508
02053
TEAMS;
('L
Bus, license #35549
(775) 750-0294
.
i:-J,U
O. ", (yo /1

:7
-
O..vs:." A7 h /r
IA..

/ ,.j, I!M ./,"';u
, , ,
Wof1l. ordered by
Signature
, r.r.t IIw Ndlllo;tCll'f o;:ampltllcn oIlt>e.w.. -.
' A-1 Electric
861 E. Glendale Avenue, Sparks, NV 89431
Phone 776.359.6047 Fax 776.414.0189
W.O. NUMBER' CB201l'0157
Bill To:
Name: Randy Fisher
Company: ____________________________ __
Address: ____________________________ __
City, State Zip:
Phone: 760-0:'29=-:" ---------------------
Requested By: P.O. Number
Randy
Special Instructions:
Type of Work x Service Call a Warranty
Authorization Signature:
REPAIR CEILING LIGHT
,
Perrormed By:
/
I /
I hereby ackno"lede the utiafactol')' completion of the above wort...
Job Location:
Job Name: Casaie Baker
Job Number: ___________________________ _
Job Address: 121 River Rock
City, State ZiP,:'=,--________________ ____ _
Phone 348-0888
Time Datefl'ime Promised
o Contract o ChaDge Order o Other
I Time In: I Time Out:
Completed: 0 Yell 0 No

/ I
II I
1/ /J, I;',
1 ..-
Printed Name
, i ...
,_ ........ - . _- ..... . ... . .... .
/'
,
,
,
1:
-

I
I

RANDALL J FISHER CUrrent Check Style WD-PTA
DBA FISHER HANDYMAN SERVICES _ .
..... "',"""
RENO, NY check style here
OIIOIIUIIlINIH18 1M-707413212110E1
For changes to name, address,
or shipping informalion. please
comact Wells Fargo Bank.
-'-_ .....
-
" ....
1 ______ __
fir FIllISI SIma
SIIItpl, CII# Uoo.lJ1.8H2
10 /11M' 10111"
Or 10
l.86"720.nll
y,.". ,tflirjetkJ_ ;, 4IIwtqr
REORDER FORM
_ ....
,,,, J _ ,. . .. ..... ' , ',_ ..... t ,_'v"", -.....
i
..,. -- Y. -
'.
,
EXHIBIT 2
EXHIBIT 2
. - - ~ .
Casey Baker
From:
Sent:
To:
._- ----
Casey Baker (cdbaker@richardhillaw.com)
Friday, September 30. 20118:49 AM
'ze'
Subject: landlord Inspection
Attachments: LT Coughlin (inspection)(9-30-11 ).pdf
Mr, Coughlin:
Page 1 of 1
As you know, our office represents your landlord, Dr. Merl iss. This email. and my letter to you dated September
30, 2011, are provided to you for all purposes contemplated by NRS u 8A330 and paragraph 25 of your lease. An
electronic copy of the referenced letter is attached hereto, and it will also be sent via U.S. mail.
The landlord will conduct a maintenance inspection of the premises at 2 :00 p.m. on Tuesday, October 4, 2011.
Should you refuse to permit us access to the residence at that time, such refusal shall const itute an additional
breach of your lease, and a violation of the referenced statute.
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phone' (775) 348-0888
FID" (775) 348-0858
Email : cdbaker@richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODuer; ATIQRNEY-CLIENT PRIVILEGE
Thill ema;1 ma)l CQnc.in Ieplly privi lrpdor infonnation. If )loll are no! the ' n!ended rec:ipicnc, plaosc do notraod., u.te, or disclose Ihill
to an)lone OIlier thin che: intended recipient If you ...... "'ccive<i thi. me .. a", in error, please noCify the Jenller and delete the email me,saF from your
Th.nk YOIL
Cirtillar 230 Notice.
To ensurecompJiance wi th reqllirement. impclled by !he IRS, we inform)'Oll that lIlY US. federallU advice contained inthi. (incl udinl"'y
attachments) ill not intended Of wrinen 10 be used, IIld C3R1101 be Wled, for the purpose or(i) avoid.,. penalt iel under the Intmlal ReYe!llle COdeOf (ii) pmrnolinllo
marbllf or r:OR'IITImdinlllO another tnrIIICtion 01" matter addreued I!m=in.
10/ 13/2011

I
I
EXHIBIT 3
EXHIBIT 3
RlCHARD G. HILL
rhlll @rfc.hordhWaw.Q)m
CASEYD. BAKER
cdbaker@richardhJ/law.com
SALLY S. GALU\GHER. Ugal Assistant
.gallagher@rfchordhillaw.com
SHERR! L HILL. Legol Assistant
shlll@rlchardhillaw.c:om
knfelsen@rlchardhU/aw.com
Zachary Coughlin
Reno, Nevada 89503
652 Forest Street
Reno, Neuoda 89509
Post Ojftu Box 2551
Reno, Neuodo 89505
Re: Landlord Inspection
Mr. Coughlin:
(775) 348-OB88
FAX (175) 348-0858
wWUl.rIchordhWaw.(X)I'I'l
September 30, 2011
As you know, our office represents your landlord, Dr. Matthew Merliss. This
letter, and my email to you dated September 30,2011, are provided to you for all purposes
contemplated by NRS 118A.330 and paragrapb 25 of your lease.
The landlord win conduct a maintenance inspection of the premises at 2:00
p.m. on Tuesday, October 4, 2011. Should you refuse to pennit us access to the residence
at that time, such refusal shall constitute an additional breach of your lease, and a violation
of the referenced statute.
Sincerely,
~ ~
Casey D. Baker Esq.
Cc: Matthew Merliss
) .
gr 1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
FI LED
11 OCT 17 AM 8: 2S
RoJ15
VZ
fUTTl E

Of.PUiY -:-
6
7
8
9
COUNTI OF WASHOE, STATE OF NEVADA
,
10 MATT MERLISS;
11
l
l
Case No.: REV2011-001708
Plaintiff,
Dept. No. 2
12 v.
l
14
15
16
17
Defendant. )
)
OPPOSITION TO EMERGENCY EX PARTE MOTION
Landlord, MATT MERLISS, through counsel, RICHARD G. HILL,
18 CHARTERED and CASEY D. BAKER, ESQ., opposes the emergency ex parte motion filed
19 herein by tenant, ZACHARY COUGHLIN ("COUGHLIN"). Coughlin bas not shown any
20 factual or legal basis to modify the court's order entered after tbe bearing on October 13,
21 2011. This opposition is based on the points and authorities below and all papers and
22 pleadings on file berein.
23
24
This is a no-cause summary eviction proceeding. At the hearing on October 13,
25 2011, Coughlin all eged, as his defense to the eviction, that Merliss was proceeding in
26 retaliation for Coughlin's complaining about alleged habitability issues with tbe property,
27 and for withholding rentfor same. After allowing Coughlin to present evidence and
LAW OFFICE ,
ItICHAJlD Q. HILL
28
"-"0, He ... dl 8i505
(115) :wa.oeee
F. ",716) l41<01Se
argument for approximately 90 minutes, the court specifically found that
,.
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LAWOFFlCE
RICHARO G. It.l
PosIOII'ioe 8o>: 2SS1 28
R-.Ne .... ~
(715) 348-OI8tI
F.x(715) 341-085a
Coughlin had alleged, but not substantiated, his defense. At that point, having
determined that Coughlin had not met his burden to establish a legal defense to the
summary eviction, the court could have issued a lockout order. NRS 40.253(6).
Nevertheless, the court elected to give Coughlin yet another opportunity to establish his
defense. To that end, because Coughlin's alleged, but unsubstantiated, defense is based on
his allegation that Merliss failed to maintain the dwelling unit in a habitable condition, the
court ordered that any rent withheld by Coughlin for any "habitability" issues must be
deposited into the court pursuant to NRS n8A.3SS(S). The court stated that if Coughlin
deposits the rent as required by that section, it would hold another hearing on those issues,
presumably to allow Coughlin to substantiate them with additional evidence. Ifhe does not
deposit the rent, then the lockout order will issue.
Coughlin does not argue that the court's order requiring him to deposit rent
pursuantto NRS n8A.3SS(S) is inappropriate. In fact, he calls itan "efficient and practical"
order. Instead, Coughlin claims that the amount required to be deposited should be
reduced to the difference between what Coughlin alleges is the total rent due, and the
amount Coughlin claims to be withholding. That is not the formula set forth in the
statute. Coughlin does not identify any reason the court should adopt a new formula now.
NRS n8A.35S(S) clearly states that "the withheld rent" must be deposited. Based on
Coughlin's own testimony, and the figures he provided to the court (without any evidentiary
support), "the withheld rent" in this case is $2,27S.00. Under the plain language of the
statute, that is the amount that must be deposited with the court before Coughlin can even
attempt to set up a habitability based defense. This makes sense, because if Coughlin does
not have the rent, and fails to prove his case, the court has, in effect, improperly enj qined
<-
the landlord's use of his property.
Coughlin's arguments regarding any rent payments allegedly made by his
former roommate, Miss Ulloa, are irrelevant. The statute is plain on its face regarding what
must be deposited, and the court's order is based on figures provided by Coughlin directly.
2
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LAWDI'RCI!.
IUCHAAO G. HILL
Post 0IIIce 8oJI2561 28
Reno. NevIle.
(715) 3oI8.oese
F&l(17S) 341-0II6II
In any event, Coughlin's and Ulloa's obligations under the parties' lease are joint and
several. See paragraph 33 of the lease, which was introduoed into evidence at the October
13,2011 hearing. As such, Coughlin, who is in sole and exclusive possession of the property,
must still pay rent whether or not Merliss attempts to recover any sums from Miss Ulloa.
Coughlin's concerns about claim preclusion against some third-party
defendants he improperly attempted to add to this summary proceeding are not well
founded. The issue here is possession. Damages will be the subject of future litigation. See
G.C. Wallace, Inc., u. Dist. Court, 127 Nev. Adv. Op. 64, __ P.3d _ _ (October 6, 2011).
WHEREFORE, Merliss prays that Coughlin take nothing by way of his
emergency ex parte motion; that same be denied in its entirety; and for such other,
and additional relief as seems just to the court in the premises.
,
contain the social security number of any person.
/!.
DATED this Ii day of D:.!o, 2011.
CASEYD BAKE
652 Forest Stree
Reno, Nevada 89509
Attorneys for PlaintIff
' .
Pursuantto NRCP s(h), I hereby certify that! am an employee of RlCHARD G.
HILL, CHARTERED, and that on the of October, 2011, I deposited in the United
States mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy
of the foregoing Opposition to Emergency Ex Parte Motion to:
Zach Coughlin, Esq.
Reno, Nevada 89501
RICHARD G. HIll
rhlll@r1chardhfllaw.com
CASEY D. BAKER
cdbaker@rlchordhillaw.com
SAU.. Y S. GAllAGHER, Legal Assistant
sgallagher@richardhillow.com
SHERRI L. HIll, Legal Assistant
shil/@rlchardhlllaw.com
knle/sen@rlchordhfllaw.cam
652 Forest Street
Reno, Neooda 89509
Reno, Nevada 89505
COpy BY EMAIL (zachcoughlin@hotmai\.com)
Zachary Coughlin
Reno, Nevada 89501
Re: Updated Verification of Debt
Mr. Coughlin:
(775) 348-0888
FAX (775) 348-0858
www.richordhillow.com
November 10, 2011
You were originally provided with itemization and verification of your debt
to Dr. Matthew Merliss on August 22, 2011, and then again on October 14, 2011. Enclosed
you will find a copy of an affi davit by Dr. Merliss, verifyi ng and updating the principal
amount of your underlying debt to him as of October 17, 2011. Additional late fees and
charges for your electricity use have attached since that date. In addition to the sums
identified by Dr. Merliss in his affidavit, your debt now also includes fees for storage of your
personal possessions left at the property, which accrue daily at the fair rental value of the
property. Your debt further includes actual costs for inventorying and moving your
possessions from the property. See NRS 118A.460. Those sums will be provided to you
once they have been fixed.
Enclosed you will also fi nd a notice of entry of the court's order awardi ng costs
and attorney's fees against you. The court's award of cost in the amount of $421.75, and
Re: Verification of Debt
November 10, 2011
Page 2 of2
MerHss will seek recoveryofthose sums, and aU future fees and costs incurred, through the
appropriate channels.
This letter is being sent to your last known address of 121 River Rock Street,
Reno, Nevada 89501, because you have refused to provide us with your current contact
information, despite our multiple requests that you do so. We are also still waiting for you
to reply to Mr. Hill's emails about removing your possessions from the property.
Sincerely,
~ l ~
Casey D. Baker Esq.
Encl.
- Affidavit of Matthew Merliss
- Notice of Entry of Order
Cc: Matthew Merliss
,
IN THE JUSTICE COURT OF .:.R"'e"'no"-___ _____ TOWNSHIP
IN AND FOR THE COUNTY OF Washoe , STATE OF NEVADA
Name:
Address:
Phone:
Matthew Merliss
11791 Ridge Rim Road
Chico. CA 95928
cIa Rlcbard G. Hill. Chtd. (775) 348-0888
Landlo,dlPlalntiff
vs. _ ____ _
Name: Zacharv Ba"'e, Coughlin
121 River Rock
DEPT. NO:.!!nI"'a ________ __
Address:
Phone:
Reno. Nevada 89503
(775) 338-8118
Tenant/Defendant
LANDLORD'S AFFIDAVIT/DECLARATION FOR
SUMMARY EVICTION FOR NON-PAYMENT OF RENT
1.", M"a"'ti"'h..:ew"""M"'e"rl"'is""s'-____ slate:
1. I am the landlord or agent of a landlord of certain dwellings or apartments within
the jurisdIction confines of .:.R"'e"n;:,o ________ _
Township,
Washoe County. Nevada.
2. I rented a certain dwelling or apartment to Zadlary Couahlin and Melissa Ulloa
located
at 121 River Rock. Rano. Nevada 89503
Aplittment
""""'"
","dowle/Oeclarallon of landtltd br Summary
Evlcclon lor Nonpayment 01 Riot
Fam ..
1014
02008 Nevada SUpreml Court
ReVIsed: ApfI14, 2006
i'
, -
,
, '
,

on 03/0112011
I with periodic rental payments reserved by the
I.
of rent due $'5 .649:99 (inc) udes l ate fees. $379,99 pa i d to
,kgM;' cflll,iil
g
June 2011
AuthOrity,
,f J,
The Tenant do.s not receive a subsidy from a Publ ic Housing
Authority,
3. That the periodic rental payments have not been waived or altered by a written
agreement of any kind.
4. That the abovenamed tenant is in arrears on rent and that notice has been
served on the tenant In accordance with the provisions of Nevada Revised
Statutes, Chapter 40. as amended, a copy of which Notice is attached hereto and
Incorporated herein.
5. That more than five (5) days have elapsed since the s8IVice of the Notice as
aforesaid, but the above-named tenant has refused, and still refuses, to vacate . ..
and quit the above-named rental unit.
WHEREFORE. I pray for an order of this court, directed to the sheriff/ constable of
, n/a Township, ordering the above-named tenant from the above-
nanied rental unit, as provided for in Nevada Revised Statutes, Chapter 40.
-
"' ......
01 L, ndton:l fOf Summary
EYlctlon lor 01 Rent
Formlfa
2 of 4
, -
'.'; :
On nla
(Date)
rUa
AFFtDAVlTIDECLARADON OF SERVICE
I served the following document:
(Name of Document)
at the fonowlng time _: n/a AM I PM and In the following manner:
n/ .
By delivering a copy to the tenant(s) personally. In the presence of a
witness. (Server, Tenant & Witness Must All Sign).
nl a nl a
Signature of Server Signature of Tenant Signature of Witness
nla nla nla
Pri nt Name of Server Print Name of Tenant Pri nt Name of Witness
n / ~ 2.
~ 3
- ,
.......
Because the tenant{s) were absent from their place of residence or from
their usual place of bUSiness. by leaving a copy with
RIa . a person of suitable age and discretion.
at either place and mailing a copy to the tenant(s) at their place of
residence or place of business. (Attach United States Postal Service
Certificate of Mailing).
Because the place of residence or business could not be ascertained, or 8
person of suitable age.or discretion could not be found there, by posting a
copy in a conspicuous place on the property. delivering 8 copy to a person
there residing, if the person could be found, and mailing 8 copy to the
tenant(s) at the place where the property Is situated. (Attach United States
Postal Service Certlflcate of Mailing).
3 of 4
AfIIdIiVltlOKllf1Ii:kJn of LandIonIIor SumlTlfllY
EYlcIion rot NonpIyment 01 Rent .
-..

I swear the above is true. Signature.' _ ___ _ ______ _ _ _ _
SUBSC.RIBED AND SWORN to before me this _ day of .::Ja"'n.::u:::ar" y ____ ,
2 0 ~
NOTARY PUBLIC
QB
DEPUTYCLERK ________________ _
OR
THE FOLLOWING:
"I decl are under penalty of perjury under the law 01 the State of Nevada that the
foregoing Is true and corred."
W7!J , 20_/ 1
Matthew Merllss
Print Name
... -
""'''''' AtidaYlVOedal1l1lon ollandlorcl for Summary
eviction for Nonp.)TI*1t ol Rent _ ..
r '.
4 of4
C2OO6 ~ Supreme Court
ReYtsed: Apt11 104, 2006
, ,,' ,

NOTARY ACKNOWLEDGMENT
STATEOFCALIFORNIA )
COUNTY OF _ _ __ )ss
On 10-27-20 II
Matthew Merli ss
before me, Ron Campbell , Notary Public, Personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the Within instrument and acknowledged to me that helshe/they
executed the same in hislher/their authorized capacity(ies). and that by hislher/their
signature(s) on the instrument the person(s). or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
gr
LAW OffICE
RICKARD O. HIU
1 ' ,
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10 MATI MERLISS;
11
12 v.
Plaintiff,
Defendant.
. i
)
l
5
Case No.: REV2011-001708
Dept. No. 2
14
15
16
17
NOTICE OF ENTRY OF ORQER
18 TO:
19
20
ZACHARY BARKER COUGHLIN, the above-named defendant.
YOU WILL PLEASE TAKE NOTICE that an Order Awarding Costs and
21 Attorney's Fees was entered on November 9,2011, in the above-entitled matter.
22 A true and correct copy of said Order Awarding Cost and Attorney's Fees is
23 attached hereto as EXHIBIT 1.
24
25
26 I II
27 I II
= O ~ ~ 28 III
m S I ~
r."mS) 3048-Oe5fI
lAW OfFICE
RICHARD G. HILL
1
2
-II.
4 DATED this )0 - day of November, 2011.
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'652 Forest Street
Reno, Nevada 89509
Attorneys for PlaintIff
. ,
p.,. Drrice 80. 255' 28 R_ . __ 89505
(775) 34&OfIMI
F .. (775) :J4.(II!i8
2 Pursuant to NRCP s(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, CHARTERED, and that on th.l.ectay of November, 2011,1 deposited in the United
4 States mail, a true and correct copy of the foregoing Notice of Entry of Order and a true
5 and correct copy of the Order Awarding Costs and Attorney's Fees, file-stamped
6 November 9, 2011, addressed to:
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Zach Coughlin, Esq.
Reno, Nevada 89501
-
LAWOFFlCE
RICHARD G. HilL
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Pvll OIIJte 80. tsSl 28
Not.1tCIIo 8II5OS

Fbt175) 3<I8-0Il58
EXHIBIT INDEX
EXHIBIT NO. DESCRIPTION PAGES
I Order Awarding Costs and Attorney's Fees 2
EXHIBIT 1
EXHIBIT 1
,
gr
LAWOFACE
RICHARD G. HILL

1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
FI LED
11 NOV - 9 PM 3: I 2
STEVE TUTTLE
RENIWtJSm;( CQUiI
BY "'. 0) UbffJIJ
DEPeTY
6
7
8
9
10 MATT MERLISS;
11
12 v.
Plaintiff,
13 ZACHARy BARKER COUGHLIN;
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No.: REV2011-001708
Dept. No. 2
14
15
16
17
ORDER AWARDI NG COSTS AND ATTQRNEY'S FEES
This matter came on regularly for an evidentiary hearing pursuant to NRS
18 40.254 and NRS 40.253(6) on October 13, 2011, and continued on October 25, 2011, before
19 the Honorable Peter J. Sferrazza, sitting without a jury. The plaintiffllandlord, Matt
20 Merliss ("Merliss"), having been the prevailing party, is entitled to recover his costs and
21 attorney's fees pursuant to NRS 69.030. See also, Sandy Valley Assocs u. Sky Ranch
22 Estates, 117 Nev. 948, 957, 35 P.2d 964 (2001)' ("Attorney fees may also be awarded as
23 damages in those cases in which a party incurred the fees in recovering real or personal
24 property acquired through the wrongful conduct of the defendan!... "). Merliss having
25 timely pled and served his Memorandum of Costs and Disbursements; defendant, Zachary
26 III
27
POll OIIice So.. 2551 28
Reno. Nev_ 051505
'Receded from on other grounds by Horgan u. Felton, 123 Nev. 577, 170 P.3d 982
(2007).
(775) 348-08U
FH(77S) 348-0858
LAW OFFICI!
RICHARD G. HILL

1 Barker Coughlin having failed to timely file and serve any motion to retax or opposition
2 thereto with the court in accordance with NRS 69.040(5); the Court being fully informed
3 in the premises and good cause appearing therefor;
4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that pI aintiff/
5 landlord shall have judgment against and recover of the defendant ZACHARY BARKER
6 COUGHLIN costs in the amount of$421. 75and attorney's fees in theamountof$1,500.00,
7 with such fees and costs to earn interest at the legal rate from the date hereof until paid.
8
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DATED this 'l'li day of fl.tut.u"iJU, 2011.
JUSTICEOFTHEPEACE
f><MI 0Ihce Boo 2!561 28
. ...... l<1li 8i506
(715) 3oI&-Oe8e
F" (775) 34M1851
2
RICHARD G. HILL
rhill@richardhillaw.com
CASEY D. BAKER
cdbaker@richardhfllaw.com
$ALLYS. GAllAGHER, Legal Assistant
sgallagher@rlchardhi/law.com
SHERR! L. HILL. Legal Assistant
shll/@rkhardhillaw.com
KAREN A. NIELSEN. Legal Assistant
knielsen@rlchardhillaw.com
Original by U.S. Mail
652 Forest Street
Reno, Neooda 89509
Reno, Nevada 89505
Copy by email {zachcoughlin@hotmail.coml
Zachary Coughlin
Reno. Nevada 89503
Re: Statement of Debt
Mr. Coughlin:
October 14. 2011
(775) 348.{)888
FAX (775) 348-0858
www.richardhillaw.com
This letter is in response to your email October 10, 2 0 11, a copy of which is
enclosed for your reference.
You were provided with a statement of the amount of your debt to your
landlord, Matthew Merliss, with our initial communication to you on August 22, 20 11.
Enclosed is another copy of that document. As you know, every month in which you fail to
pay rent, that amount increases in accordance with the terms of the lease. The attorney's
fees and costs incu rred by Merliss, for which we believe you will ultimately be liable,
continue to accrue. Those sums will be provided to you and the court at the appropriate
time.
Sincerely,
~ ~ ~
Casey D. Baker Esq.
Encl.
- October 10, 2011 email
- Five-Day Notice of Unlawful Detainer for Non-Payment of Rent
Cc: Matthew MerHss
Casey Baker
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
ZC [zachcoughlin@hotmail .com]
Monday. October 10, 20115:52 PM
Richard G. Hit! Casey Baker
Settlement language in your pleadings
Follow up
Completed
Exbibits .. isn't that a big no no? AJI you wrote that I "outright Iied"".how so? Explain in writing and provide factual support
or a libel suit may apply, unless some privilege of the participant saves you and your dilatory tactics. Also I dispute in
writing any and all debts you or your client claim from me an.d demand written itemized proof of such pursuant to all
applicable laws and the Fair Debt Collection Practice Act. See tghs treble damages provisions.
...
------
Unless you provide written to the undersigned within thirty (30) days of receipt ofthis
letter, that the validity of this debt is disputed, the undersigned will presume the debt to be valid, l
If you do notify the undersigned in writing that all or any portion of the referenced debt is
disputed, a copy of the judgment andlor verification of the debt will be obtained and mailed to
you. If the creditor named above is different from the original creditor, the undersigned will ,
upon written demand from the consumer, furnish the name and address of the original creditor.
FEDERAL LA W REQUIRES THAT WE INFORM YOU THAT THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY AND ALL INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
FIVE.DAY NOTICE OF UNLAWFUL DETAINER FOR NONPAYMENT OF RENT-
NRS 40.2512
AND
NOTICE OF SUMMARY EVICTION. NRS 40.253
TO: Coughlin, and any other
(Tenant)
person claiming thereunder. or occypyjng
121 River Rock Reno. Nevada 89503
Date of Service: __ AIlJU.llilUu.5,s:t.t.JZ:<1:..--'ZaOul.J.l ____ _
PLEASE TAKE NOTICE that you' are In unlawful detainer for default in payment of
rent for the rental unit located at River Rock Street . Reno. Nevada 89503
in the sum of: $ 2.873.70
10 August 22
for the period commencing from ___ ,.
Tenant paid $,_7"'0"0,,.,,00"-____ in advance
for any cleaning, security or rent deposits, In excess of the first month's rent. Rental
paymenl{s) became delinquent on June 2
A TTENTIONI As the tenant of the above described rental unll. you !!!!!!lelther
pay the .full amount of rent owed within five (5) judicial days
1
of service of this Notice, or in
the alternative, vacate and leave the rental unit within five (5) judicial days of service of this
Notice.
1" Judicial Days do not Include date of service, weekends or Jegal holidays.
ApertlMnl
Lilndlord NotIce
Flve-dily Notice fA Unlawful Delillner for Non-P.ymenl
of Rent Ind Notice of Summary Ev\tllQn {NRS 40.253)
Form #7
1 of 4
02006 Supreme Court
Revised: A41ri11. , 2006
,
,

ATTENTION I
To this notice, you must file a Tenant's
Affidavit/Declaration with the JU8:tice Court of __ ....:cR:::."no'-_____ Township
by noon of the FIFTH JUDICIAL DAY from the date of service of this notice, stating
that you have either tendered' rent or that you are not In default In the payment of
rent. There is a filing fee of $ 33 . 00 . If you are unable to pay the filing fee, you
may file a written motion with the court requesting a fee waiver. If the court grants
your fee waiver, your Tenant's AffidavltIDeclaration will be filed at no charge. You
must also deliver a filestamped copy of your Tenant's Affidavit/Declaration upon the
landlord or his or her duly authorized agent. Upon the filing and delivery of your
Tenant's Affidavit/Declaration, you ar. entitled to 8 court hearing.
A TTENTIONI Your failure to pay rent or vacate and leave unit within
five (5) judicial days, or your failure to contest this notice, may result in the landlord
applying to the Justice of the Peace of _-'R"."n"'o _______ Township, County of
_"W"'as"h"o". _____ , State of Nevada, for an Eviction Order. The Justice of the Pea_c8
may thereupon Issue an order directing the Constable to remove you within twenty-four
(24) hours after the receipt of the Eviction Order.
Dat.d this day of A",\""i , 20 \I ,
c
Matthew Merli ss
;pt;:::='-
c/o Casey D. Baklr. Esq.
-Address' ,
652 Forest Street, Reno. Nevada 89509
em} 348-0888
Phone
Casey D. -Baker. Esq.
Print Name'of Lan'dlord or Duly Authori:z:ed Agent
Apilrtment
Landlord NoIloe
Flve-day Notice of Unlawful Delalrel' fgt Non-Payment
of Rent lind Notice of Summary Eviction (NRS 40.253)
Form '7
2 of 4
C2OO8 Nevlldll Supreme Court
Rev\Md: Ap!1114, 2008 .
" '
-------
On 8 -J) - \ \
(Date)
AFFIDAVIT/DECLARATION OF SERVICE
, I served the following document:
five. M"I rJ<lD<-C- Ii '.1,..,""-.,),,,,-
r (Name of Document)
,.
at the following time ld-: 02 AM @nd in the following manner:
1. By delivering a copy to the tenant(s) personally, in the presence of a
witness. (Server, Tenant & Witness Must AU Sign).
Print Name of Server Print Name of Tenant Print Name of Witness
2. Because the tenant(s) were absent from their place of residence or (rom
their usual place of . Quslness, leaving a copy wi th

____________ '. a person of suitable age and discretion, -.
3.
at either place and mailing a copy to the .tenant(s) at their place of
residence or place of bus1ness. (Attach United States Postal Service
Certiflcale of Mailing).
Because the place of residence or business could not be ascertained, or a
person of suitable age or discretion could not be fOund there, by posting a
copy In a conspicuous place on the property, delivering a copy to a person
there residing, If the perSon could be found, and mailing a copy to the
tenant(s) at the place where the property is situated. (Attach United States
Postal Service Certificate of Mailing).
Apettmenc 3 of 4
landOI'd Notice
Fr-..-day NoUce 01 Unlawful Detainer for Nor.-Plyment
01 Renl and NQ(lce 01 Summ.ry Eviction (NRS 40.253)
Form '41
. ,
I
,
- ------
I swear the above is true. Signature: _ _ __________ __ _
SUBSCRIBED AND SWORN to before me thi s __ day of _ _ ____ _
20 _ _ .
NOTARY PUBLIC
QB
DEPUTYCLERK _____________ ___
THE FOLLOWING:
'" declare under penalty of perjury under the law of the State of Nevada thatlhe
EXecuted on B -.:z,;z
. 20.l.L
..-<kJtH4 evV",," -#828
Print Name
Apartment 4 of 4
LandlOid NOtitII
FiY&-day of Unlawful Detainer lor Norl-PaylllOf1l
of Rent and Notice of Summary Eviction (NRS 40.253)
Form li1
Cl20Cle Nevada Supreme Court
Reviled: AprIl 14. 2006
,
\
,.
. ,
gr 1
LAW OffICI!
RICHARD 0. Hill
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10
11
12
13
14
15
16
17
MATTMERLISS; )
) Case No. : REV2011-001708
P1aintiff, )
) Dept. No. 2
v. )
)
Defendant.
)
)
)
MOTION FOR ORDER TO SHQW CAUSE
Plaintiff, MATTHEW MERLISS, through counsel , RlCHARD G. HILL,
18 CHARTERED and CASEY D. BAKER, ESQ., moves the court pursuant to NRS 22.020 for
19 an order requiringdefendantl tenant, ZACHARY BARKER COUGHLIN, to appear and show
20 cause why he should not be held in contempt of this court for unlawfully reentering onto
21 the real property, owned by Merliss, from which Coughlin was recently evicted. This
22 motion is based on the points and authorities below and all papers and pleadings on file
23 herei n.
24
25
26
ADJUDICATED FActS AND PROCEDURAL HISTORY
1. Merliss is the owner of the real property located at 121 River Rock Street,
27 Reno, Nevada (the "PROPERTY").
POI' OIfIc:oI llo. 2551 28 III
R.no. Nevadt 8'106
(115) 3<C3.oeee
Fa.(175) :J.4s-oe.se
LAWOf'fICE
RICHARD G. HILL
1 2. On or about March I , 2010, Merliss rented the Property to Coughlin and his
2 then-girlfriend.
5 Termination Notice to Vacate NRS 40.251(1) upon him.
7 Notice of Unlawful Detainer For Failure to Vacate Rental Unit - NRS 40.251 (No-Cause
8 Termination) and Notice of Summary Eviction - NRS 40.254.
9 5. On October 27, 2011, after all due and proper notice and opportunity to be
10 heard had been given to Coughlin, this court entered its Findings of Fact, Conclusions of
11 Law and Order Granting Summary Eviction. A true and correct copy of the referenced
12 order is attached hereto as EXHIBIT I.
13 FACTS SHQWING CONTEMPT OF COURT
14 6. EXHIBIT 1 was served on Coughlin on November I, 2011 by the Washoe
15 County Sheriffs Department, by posting same on the front door of the property in the
16 manner customary for evictions in Washoe County. The locks to the premises were changed
17 at that time, thereby ejecting and dispossessing Coughlin of possession of the Property.
18 7. Thereafter, Mr. Coughlin unlawfully, and without any right to do so,
19 reentered upon, and took possession of, of the Property.
20 8. Specifically, on November 13, 2011, Mr. Coughlin was found to be living in
21 the basement of the Property. Coughlin was arrested and charged with trespassing at that
22 time. Reference is made to the Declaration of Richard G. Hill, Esq., attached hereto as
23 EXHIBIT 2, for further particulars regarding the discovery and arrest of Mr. Coughlin.
24 There are also videos of the incident that plaintiff will offer at the hearing on this motion.
25 lAW
26 I. Reference is made to NRS 22.010: "The following acts or omissions shall be
27 deemed contempts: .. . 3. Disobedience or resistance to any lawful writ, order, rule or
28 process by the court or judge at chambers."
(775) 3ooI S.oeM
F .. (77S) M$-06!$
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lAW OFFICE
RICHARD G. Hill
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2, Reference is made to NRS 22,020, which provides in full :
Every person dispossessed of or ejected from any real property by
the judgment or process of any court of competent jurisdiction,
and who, not having a right so to do, reenters into or upon or takes
possession of any such real property, or induces or. procures any
person not having a right so to do, or aids or abets the person
therein, is guilty of a contempt of the court by which such
judgment was rendered or from which such process issued, and
shall be tried and punished therefor in the same manner and form
as provided by law in cases of contempt not committed in the
presence of the court or justice of the peace, Upon conviction for
such contempt, the court or justice of the peace shall immediately
issue an alias process directing the proper officer to restore
possession to the party entitled to the property under the original
Judgment, decree or process.
10 3. Reference is made to NRS 22.030(2), which provides: "2. If a contempt is
11 not committed in the immediate view and presence of the court or judge at chambers, an
12 affidavit must be presented to the court or judge of the facts constituting the contempt, or
13 a statement of the facts by the masters or arbitrators."
14 ANALYSIS
15 This court entered its summary eviction order on October 27, 2011. Mr.
16 Coughlin was evicted from and locked out of the Property on November 1, 2011, Thereafter,
17 Mr. Coughlin illegally reentered and took possession of the Property, without any right to
18 do so. Mr. Coughlin is guilty of contempt of this court under NRS 22.020. His actions also
19 constitute contempt of court under NR,S 22,010(3), in that his refusal to actually vacate and
20 stay away from the Property after he was lawfully and properly evicted therefrom were in
21 direct disobedience to and defiance of this court's lawful eviction order. The affidavit
22 contemplated by NRS 22.030(2) is attached hereto as EXHIBIT 2 .
23 WHEREFORE, Merliss prays for an order of this court requiring defendant,
24 ZACHARY BARKER COUGHLIN, to appear and show cause why he should not be held in
25 contempt of this court under NRS 22.010(3) for his resistance to this court's lawfully
26 entered order, and under NRS 22.020 for his illegal reentry onto the subject property after
27 eviction; for an order that Coughlin pay Merliss for the costs incurred to secure the property
POl l O!Iice Box 2551 28 III
Reno. Nw8d&89505
(775) 348-0888
Fh(775) 346.0656
3
LAW OffiCE
RICHARD G. HILL
1 after the break-in by Coughlin as a condition of his being purged of his contempt of court;
2 and for such other, further and additional relief as seems just to the Court in the premises.
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DATED this 2-.1- day of November, 2011.

RlCHAR G. HILL, ESQ.
652 Forest Street
. Reno, Nevada 89509
Po.t Qfr"", Bo. 2551 28
Reno,
(775) 346-0868
F (77S) 3<1858
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EXHIBIT NO.
1
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EXHIBIT INDEX
DESCRIPTION PAGES
Findings of Fact, Conclusions of Law and Order
Granting Summary Eviction
6
Declaration of Richard G. Hill, Esq.
4
.
EXHIBIT 1
EXHIBIT 1
gr
LAW Ofncr:
RlCHARO G. HILL
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2 State Bar No. 596
CASEYD. BAKER, ESQ.
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
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\,. ,
, r I
2011 OCT 27 P!! 4: 42
1 ". .
-.... 'K : S- 'tdJiEd '" T, ,> _. ' . . '
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10 MATT MERLISS;
11
12 v.
Plaintiff/ landlord,
13 ZACHY BARKER COUGHLIN;
Defendant/ tenant.
case No.: REV2011-00l708
Dept. No. 2
14
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FINDINGS OF FACI', CONCWSIONS OF LAW,
AND ORDER FOR SUMMARY macnoN
This matter having come on regularly for an evidentiary hearing pursuant to
18 NRS 4C) .254 and NRS 40.253(6) on October 13, 2011, and continued on October 25, 2011,
20 MerJiss ("Merliss"), having been present, and represented by counsel, Richard G. Hill,
23 having offered evidence, called witnesses and having offered argument; the matter baving
24 been slJbmitted to the Court for a decision; the Court being fully informed in the premises
25 and good cause appearing therefor; the Court herewith enters its findings of fact,
26 conclusions of law and order for summary eviction:
27 // /
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Pot! OIIa 80 .. 155, 28
11,_ . ...... &1505

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FINDINGS OF FAGI'
4 Nevada (the. "Property").
5 2 . The tenancy at issue commenced on March 1, 2010, and was for a term of 12
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 lISA.470 and
9 paragraph 3 of the parties' rental agreement.
10 4. Coughlin became subject to the provisions of NRS 40.251 to 40. 25,6,
12 montholo-month tenant, as noted above.
14 month-ta-month tenancy pursuant to NRS 40.251, by serving the statutory No-Cause
15 Tenni'lation Notice to Vacate NRS 40.251(1) upon him, which notice was admitted into
16 evidence at the hearing. The court specifically finds that service ofthat notice was proper
17 to, and for all purposes contemplated under, NRS 40.280.
20 of Sept,ember 27, 2011, at the latest.
22 Notice .afUnlawful Detainer For Failure to Vacate Rental Unit - NRS 40.25' (No-Cause
23 Tenni/lation) and Notice of Summary Eviction - NRS 40.254, which notice was admitted
25 prope\.pursuant to, and for all purposes contemplated under, NRS 40.280.
26 8. Merliss' claim for relief of possession of the premises was authori:r.edby law.
27 II/
III
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2
LAWOFFlCf
1 9 Coughlin alleged, as a legal defense to the summary eviction, retaliatory
2 conduct by Merliss under various subsections ofNRS u8A.510. 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.
7 acted in any prohibited, discriminatory, or retaliatory fashion as alleged by Coughlin, or
8 otherwise. Specifically, the court finds :
9 10.1. Cougblin failed to present any evidence tbat he "complained in
10 good faith of a violation of a building, housing or health code applicable to the premises and
12 enforcement ofthat code" as required by NRS u8A.SlO(1)(a).
13 10.2. Coughlin failed to present any evidence tbat he "complained in
14 good faith to the landlord or a law enforcement agency of a violation of[NRS Cbapter u8A]
15 or of a specific statute that imposes a criminal penalty" as required by NRS u8A.SlO(1)(b).
16 10.3. Cougblin failed to present any evidencethatpriorto being served
17 witb 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 tbe requirements of [NRS Cbapter u8A] respecting the habitability of
20 dwelling units" as required by NRS u8A.51O(1)(e).
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10-4- Cougblin failed to presentanyevidencetbat bebad "complained
in goo<\ faitb to the landlord, a governmen1 agency, an attorney, a fair bousing agency or
any otber appropriate body of a violation ofNRS U8.01O to U8.120, inclusive, orthe Fair
Housing Act of 1968, 42 U.s.C. 3601 et seq., or hard] otherwise exercised rights wbicb
are guaranteed or protected under those laws" as required by NRS u8A.S1O(1)(g).
11. Coughlin failed to present any evidence that the Property was at any time
not habitable, as tbatterm is defined in NRS U8A.290, or otberwise, with respect to any of
RlCMAII.D G. HIll
Pot10l!' .. Bo..2551 28
RtnO. Mt'I ... 1Ji505 II I
(175) a..,a-oeu
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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, any 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 specifir.ally finds that the maintenance of the surrounding grounds, includingweed Control,
6 was sole responsibility of Coughlin under paragraph 220fthe parties' rental agreement.
7 12. Coughlin failed to present any evidence that he complied, or that MerHss
8 failed to comply, with any requirement set forth in NRS 118A.355 and NRS 118A.360, which
13 righlfl!lIy belong to Merliss as and for past due rent .
16 loeated.
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CONCLUSIONS OF 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 ease.
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 40.25:\<6).
25 sufficiwcy ofthe and the landlord's affidavits: to determine whether there is any
26 "legal <;Iefense as to the alleged unlawful detainer," and whether "the tenant is guilty of an
III
4
LAW QfFICE
RICHAA.D G. HIll
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 ofSeplemb
er
27.
4 5. "[Aln order granting summary eviction under NRS 40.253(6) should be
5 review'.ad on appeal based upon the standard for review of an order granting SUmmary
6 judgment under NRCP 56 because these proceedings are analogous." Anuui. LLC tJ. C.L.
7 Dragoil, 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 genui,ne issue of material fact." Torrealba 1).
11 Kesmilis. 124 Nev. 95. 178 P3d 716 (2008).
13 trial. As such. Coughlin failed to meet his burden of proof to establish any legal defense to
14 the summary eviction. Anuui. Torrealba.
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 Cougblin for a jury was untimely. in any
18 evenL NJCRCP 38.
19 9. Pursuant to NRS 40.253(6). Merliss is entitled to immediate possession of
20 the Property.
21 ORDER FOR SUMMARY EVICTION
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Landlord. MATT MERLISS. having applied hy Affidavit for an Order seeking
23 summ"ry eviction of the ahove-named Tenant and it appearing from the record on file
24 herein,that the statutory requirements have been met and that the Tenant, after notice,
25 unlawfully detains and withholds the rental unit. and the Court being fully advised and
26 finding good cause. therefore.
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POll otra 80x 28
fleroo. PM.a 8950S
I II
I II
(715) 34&{I8M
FM(775)
5
LAWOFFlCf
RlCIiMIO G. HIll
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3 agents be, and hereby is, directed to remove each and every person found upon and Within
e{&,
4 the rental unit located at 121 River Rock, Reno, Washoe County, Nevada, by no l,.,r than
. ah 'i,oop.m .
5 October 31, 2011;.1 Landlord is hereby awarded the right of possession of the premises.
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
13 released to Merliss or 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
17 from increasing the amount of any security to be posted by Coughlin for any reason, or
18 both, e;ther upon its own motion or upon motion by Merliss.
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IT IS SO ORDERED.
DATED this 0-7vJaay of October, 2011.
POl l 0II1rA b2551 28
Reno, Nev.,.
(TIS) 3<le.oeee
F ..
6
EXHIBIT 2
EXHIBIT 2
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LAWOHICIE
RlCItARO G. HILL
1 RICHARD G. HILL, ESQ.
State Bar No. 596
2 CASEY D. BAKER, ESQ.
State Bar No. 9504
3 RlCHARD G. HILL, CHARTERED
652 Forest Street
4 Reno, Nevada 89509
(775) 348-0888
5 Attorney for Plaintiff
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MATI MERLISS; )
) Case No.: REV2011-001708
Plaintiff, )
) Dept. No. 2
v.
l
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Defendant. )
)
DECLARATION OF RICHARD G, HILL, ESQ.
17 RlCHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
1 B of perjury avers:
19 1. I am a resident ofthe City of Reno, County of Washoe, State of Nevad.,
22 This declaration is made in support of plaintiffs Motion for Contempt Citation, and
25 before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
27 Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
0IIice Box 2$$\ 28 III
R_ , _ _

F1II(115) 348-01!68
LAW OFFICE
RICKARD G. ItILL
1 3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
2 4. On October 27, 2011, this court signed a summary eviction order, and on
3 November 1, 2011, the Washoe County Sheriffs Department served that order. The notice
4 was posted on the door of the home by the Washoe County Sheriffs Department in the
5 manner customary in Washoe County for evictions. The locks on the front door and back
6 door were changed, and we retained all keys to the home.
7 5. After that date, I began to notice that it looked like somebody had been
8 getting into the home. On approximately November 4,2011, I became concerned about the
9 home and its contents. I entered it and was able to confirm that "somebody" had been
10 getting in. I thought I had secured the means of entry being used by whoever it was that
11 was getting in. However, on later visits to the home, it was clear that the home was still
12 being surreptitiously accessed.
13 6. On November 13, 2011, Dr. Merliss came to Reno because he wanted to
14 inspect the home. Upon entry, it was clear that somebody had again accessed the home.
15 7. We tried to enter the basement and found the door was barricaded, not
16 locked, from the inside. We were concerned that whoever had been accessing the home was
17 inside, so we called the police.
18 8. When the police arrived, they agreed with us that it was very likely that
19 somebody was barricaded in the basement. The police tried to coax the person to come out,
20 but without success.
21 9. When the police declined to break down the door, Dr. Merliss did so. The
22 police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
23 10. Coughlin came out peacefully, went upstairs and was placed under arrest
24 by the police for trespassing.
25 11. After Coughlin was taken to jail, Dr. Merliss and I tried to videotape the
26 contents ofthe basement where Coughlin had been hiding. It was too dark to effectively
27 videotape, but we were able to ascertain that Coughlin and his dog have been living in the
Pot OII'a Bole 2M' 28 III
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1 basement of the home for quite some time, likely even before the lockout. I observed that
2 Coughlin had a bed set up. He had several computer monitors. He had a store of both food
3 and water. He had electric space heaters.
4 12. Since the eviction order was served, my associate, Mr. Baker, and I had
5 sent numerous emails to Coughlin, in which we both repeatedly made it clear to him that
6 he was not to be at the home without our prior permission. No such permission was given.
7 Mr. Coughlin had no reason to possibly think he was permitted on the property. We had
8 tried to coax him to cooperate on getting his possessions out, without success, or even a
9 response.
10 13. As a result of Mr. Coughlin's break-ins, Dr. Merliss has incurred a bill of
11 $1,060 with a licensed contractor to secure the premises. That does not include the cost of
12 the door that was broken in order to get Coughlin out. That does not include the numerous
13 hours of me and my staff to deal with Mr. Coughlin's repeated break-ins at the home.
14 14. I am no expert, but I believe Mr. Coughlin is what is called a "hoarder."
15 He has many car seats throughout the house. He has many dead televisions. He has a box
16 of car window servo motors. The attic, which can only be accessed through a very narrow
17 opening, is full of items, including dead electronic devices.
16 15. We have found drugs at the home. We found a bag of what looks like
19 marijuana on the kitchen counter. I found a crack pipe. The contractor found what he said
20 was a large quantity of pills.
21 16. Mr. Coughlin has been harassing and stalking me, and possibly, my staff.
22 On NovemberlS, 2011, he burst into my office and created a scene. Then, he was parading
23 up and down the sidewalk across the street with a video camera screaming obscenities at
24 me and my staff.
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17. I declare under penalty of perjury that the foregoing is true and correct.
5 DATED this of Novemb , 2011
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LAWOFFI(;E
RI(;HARO G. HILL
P".10lli". BCI 2551 28
R. OO, u.v ... 89506
(7751348.06&.8
Fax(775) 3<la.oese
4
LAW Of'FICE
RICHARD G. tiLL
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G,
3 HILL, CHARTERED, and that on the dayofNovember, 2011, I deposited in the United
5 of the foregoing Motion for Order to Show Cause to:
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Zach Coughlin, Esq,
, c/o Silver Dollar Motor Lodge.
Reno, Nevada 89501
Ic.R_'.A
and that on the d
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"dayofNOVember, 20J I sent a true and correct copy ofthe foregoing
12 Motion for Order to Show Cause by email to:
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Zach Coughlin, Esq.
zachcoughlin@hotmail,com
POll OIIice BOll 2S51 28
Reno, N ... .o. &9505
(ns)
ru(71S)
NO: REV 2011-001708
DEPARTMENT NO.2
ST A TE OF NEVADA
MATTHEW MERLISS ACTION: NOTICE TO VACATE
LANDLORD,
Vs DEMAND: RESTITUTION OF PREMISES
ZACHARY COUGHLIN IN PROPRIA PERSONA
DATE
2011
OCT 6
OCT II
OCT 12
OCT 13
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 18
OCT 18
TENANT.
ATTY FOR PLAINTIr-F,
CASEY BAKER, ESQ.
Phone Number
ATTY FOR DEFENDANT
Phone Number
PROCEEDINGS
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
13,20 II at 8:30 AM. Both parties notified by mail. Left message for tenant. Spoke to
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 COUGHL[{\j appeared for a Summary Eviction hearing before Judge
SFERRAZZA.
Hearing held. Tenant's Motion to Continue Denied. If tenant posts rent of$2,275.00 by 9:00 am,
Monday October 17,2011 a trial will be set for OCTOBER 25, 2011 AT 10:00 am.
If tenant does not post the monies, eviction GRANTED at 9:00 am. October 17,2011. Jj
Opposition to Emergency Ex Parte Motion filed. cv
Emergency Motion To Stay, Set Aside, Vacate Eviction Hearing Order filed. bc
$2.275.00 CASH posted by ZACHARY COUGHLIN , 121 River Rock St., Reno, NV. 89501
Opposition to Emergency Motion To Stay Set Aside; Vacate Eviction Hearing Order filed. bc
Order for emergency Motion To Stay Set Aside; Vacate Eviction Hearing DENIED. Bc
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.
Order Shortening time SUBMITTED. cv
Errata To Opposition To Emerger.cy Motion To Stay, Set Aside, Vacate Eviction Hearing
-"
RJC 2011-001708
OCT 18
OCT 18
OCT 19
OCT 19
OCT 19
OCT 19
OCT 20
OCT 20
OCT 24
OCT 25
OCT 25
OCT 26
Received -Notice of Appeal to District Court. bc
Order filed. bc
Request For Audio Copy of Proceedings along with a Motion Inforrna Pauperis Granted.
Subpoena Duces Tecum Re Hearing issued to RANDY FISHER.
Subpoena Duces Tecum Re Hearing issued to NV Energy.bc
Certificate of Service filed.
Declaration of Casey D Baker, Esq. Pursuant to NRS 40.254 filed.
Notice of Entry of Order filed. bc
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. bc
Emergency Request for Hearing-issues will all be taken care of at the October 25, 2011
Hearing. bc
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 Affidavit/Answer/Counterclaim
filed.
Letter from Tenant regarding using In Forma Pauperis pleading for Jury Trial fee of $160.00.
Certificate of Service filed. ks
Subpoena Duces Tecum Re Hearing filed with due diligence. Cv
Subpoena Duces Tecum Re Hearing-Randy Fisher served October 19,2011.
Subpoena Duces Tecum Re Hearing.-Zach Nash served October 19,2011 .
Affidavit in Support of Motion for Summary Judgment Denying Summary EvictionIMotion for
Sanctions/Trial Statement filed.
Plaintiff, MATTHEW MERLISS appeared and represented by CASEY BAKER, ESQ.
Plaintiffs 1
5t
Witness : Denise Tsuda, NV Energy - represented by Brandon Barkhuff, Esq.
Plaintiff's 2
nd
Witness: Matthew Merliss
Defendant's 1
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Witness: Zachary Coughlin
Defendant's 2
nd
Witness: Matthew Merliss
Plaintiff's Exhibits : A,B,C,D,E,F,G,H,I marked - A - I admitted
Defendant's Exhibits: 1,2,3,4,5,6,7,8,9 marked - 1-9 admitted
Defendant, ZACHARY COUGHUN appeared for a Summary Eviction hearing before Judge
SFERRAZZA.
Hearing held.
Landlord has met his burden of proof. EVICTION GRANTED effective October 31 , 2011 at 5:00
pm. Landlord may in 48 hours from today, inspect the property. Order to be submitted to the
court by noon on Thursday.
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 suffice as appeal bond.
Court finds that there is no Defense of retaJiation by the landlord. Tenant's Verbal Motion to Stay,
Denied. jJ
SUBMITTED and DENIED.
Page 2 of 3
RJC 2011-001708
OCT 26
OCT 27
OCT 31
NOV I
NOV 2
NOV 3
Order Requiring Inspection of Real Property SUBMITTED and GRANTED. cv
Memorandum of Costs and Disbursements filed.
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
Emergency Appeal and Motion to Stay Eviction filed and SUBMITTED.
Letter requesting last hour of CD filed. ks
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 filed. (Set for Monday, NOVEMBER 7,20 II 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 and/or Vacate Order for Summary Eviction filed.
Motion to Continue in Possession (Elderly or Disabled Tenants Only) filed. ks
Page 3 of3 RJC 2011-001708
My calls my stuff
Sent: Wed 11/09/11 12:43 PM
To: Casey Baker (cdbaker@richardhillaw.com)
Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law office
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 opportunity to clean or otherwise put the premises
in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that are in
the house and all privacy rights respected. There is a motion for stay in district court right now.
11/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids2887a1e8-5976-4ceb...
NevadaCourtServices-Attorney
Iile:///C,/...in20walmart/Nevada20Court20Services20-20Attorney20court20appoitn20deIender20Lew20Taitel20associated20with.htm|12/12/20114:19:32PM|
Lewis S. Taitel
Attorney at Law
Reno, Nevada 89501
(775) 322-2272
Fax: (775) 348-7977
Nevada Court Services - Attorney
file:///C|/...in%20walmart/Nevada%20Court%20Services%20-%20Attorney%20court%20appoitn%20defender%20Lew%20Taitel%20associated%20with.htm[12/12/2011 4:19:32 PM]
Reno, Nevada 89501
(775) 348-7560
(Toll Free) 800-570-5583
Fax: (775) 348-7977
FIVE-DAY NOTICE OF UNLAWFUL DETAINER
FOR FAILURE TO VACATE RENTAL UNIT - NRS 40.251
(No-Cause Termination)
AND
NOTICE OF SUMMARY EVICTION - NRS 40.254
TO: Zachary Coughlin, and any other person (Tenant)
c1 a ;m; ng therelJOder. or occupy; ng
121 River Rock Street, Reno, Neyada 89503
Date of Service: _2'-!O..L.1L...1L.....-__ _
PLEASE TAKE NOTICE that pursuant to NRS 40.251, you are in unlawful
detainer for failing to vacate and continuing in possession of the rental unit located at:
121 River Rock Street, Reno, Nevada 89503
after having been served the following notice which has now expired:
__ 1. Seven (7) judicial days 1 notice to vacate and leave the rental unit
(because you are a week-to-week tenant) . NRS 40.251(1)(a)(1)
_..<LX _ 2. Thirty (30) calendar days notice to vacate and leave the rental unit
(because you have a periodic tenancy which is not week-to-week).
NRS 40.251(1 )(a)(2).
__ 3. Five (5) judicial days notice to vacate and leave the rental unit
(because you have a tenancy at will). NRS 40.251(1)(a)(3).
1 "Judicial Days" do not include date of service, weekends or legal holidays.
Apanment
Landlord Notice
Five-day Not ice of Unl awful Detainer for Failure
to Vacate Rental Unit (NRS 40.251 ) and Notice of
Summary Eviction (NRS 40.254)
Form 114
1 of 5
2006 Nevada Supreme Coun
__ 4. Seven (7) judicial days notice to vacate and leave the rental unit
(because your tenancy is subject to Chapter 118A of the Nevada
Revised Statutes and your rental agreement expired or terminated as
of _______ , 20 __ ). NRS 40.251(1 )(b)(1 )(1). (Applies to
week-lo-week tenancies.)
_...LLX_ 5. Thirty (30) calendar days notice to vacate and leave the rental unit
Revised Statutes and your rental agreement expired X>X;@XlX1(lXatWas
of February 28 NRS 40.251(1 )(b)(1 )(11). (Applies
to all other periodic tenancies.)
__ 6. Five (5) judicial days notice to vacate and leave the rental unit
(because you have a recreational vehicle lot tenancy, pursuant to NRS
40.215(6), NRS 40.251 (1 )(d).
ATTENTION! If you do not vacate and leave the rental unit within FIVE
JUDICIAL DAYS from the date of service of this Notice, I will seek an order of eviction
from the Justice Court. If you are evicted, you may legally be locked out of the rental unit
the same day.
ATTENTION! To contest this notice, you must file a Tenant's
Affidavit/Declaration with the Justice Court of ________ _
Township by noon of the FIFTH JUDICIAL DAY from the date of service of this
notice. There is a filing fee of $ 33.00 . If you are unable to pay the filing fee, you
your fee waiver, your Tenant's Affidavit/Declaration will be filed at no charge. You
must also deliver a file-stamped copy of your Tenant's Affidavit/Declaration to me.
Upon the filing and delivery of your Tenant's Affidavit/Declaration, you are entitled
to a court hearing.
NOTE: If you are 60 years of age or older, or if you have a physical or mental
disability, and your tenancy is not week-to-week, you may make a written request to me to
Apartment
Landlord Notice
Five-day Notice of Unlawful Detainer for Failure
to Vacate Rental Unit (NRS 40.251) and Notice of
Summary EViction (NRS 40.254)
Form 114
2 of 5
2006 Nevada Supreme Court
Revised April 14, 2006
AFFIDAVITIDECLARATION OF SERVICE
On _ _ _______ , I served the following document:
(Date)
(Name of Document)
at the following time _: ___ AM / PM and in the following manner:
witness . (Server, Tenant & Witness Must All Sign).
2. Because the tenant(s) were absent from their place of residence or from
their usual place of business, by leaving a copy with
_____________ , a person of suitable age and discretion,
residence or place of business . (Attach United States Postal Service
___ 3. Because the place of residence or business could not be ascertained, or a
person of suitable age or discretion could not be found there, by posting a
copy in a conspicuous place on the property, delivering a copy to a person
there residing, if the person could be found, and mailing a copy to the
tenant(s) at the place where the property is situated . (Attach United States
Apartment
Landlord Notice
to Vacate Renlal Unll (NRS 40.251) and Nolice of
Form #4
4 of 5
Revised : April 14, 2006
I swear the above is true. Signature: ________________ _
SUBSCRIBED AND SWORN to before me this __ day of ______ _
20
NOTARY PUBLIC
OR
DEPUTY CLERK ___________ _
OR
THE FOLLOWING:
Executed on , 20
Signature
Print Name
Apartment
Landlord Notice
-------
Form 114
5 of 5
Revised: April 14.2006
be allowed to continue in possession of the rental unit for an additional 30 days. You must
provide me with proof of your age or disability with your written request. If I reject your
request, you have the right to petition the court to continue in possession of the rental unit
for an additional 30 days. If the court denies your petition, you will be allowed to continue
in possession of the rental unit for five (5) calendar days following the date of entry of the
order denying the petition.
Dated this __ 2.hl . .rday of September ,20-.lL.
Matthew Merliss
Landlord
c/o Casey D. Baker. Esq.
Address
652 Forest Street. Reno. NV 89509
(775) 348-0888
Phone
Casey D Baker. ESQ.
Print Name of Landlord or Duly Authorized Agent
Apartment
Landlord Notice
Flveday Notice of Unlawful Detainer for Failure
Form 114
3 of 5
Revised : April 14,2006
1
2
Pursuant to NRCP 5(b), I hereby certify that I am an employee ofRlCHARD G. HILL,
3 CHARTERED, and that on the d/'day of September, 2011, I personally handed at the
4
hearing in the above-referenced matter, a true and correct copy of the foregoing Five Day
5
Notice of Unlawful Detainer for Failure to Vacate Rental Unit - NRS 40.251 (No-Cause
6
7 Termination) and Notice of Summary Eviction - NRS 40.254 to:
8
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Zachary Coughlin
Reno,Nevada89503
BY:
FIVE-DAY NOTICE OF UNLAWFUL DETAINER
FOR FAILURE TO VACATE RENTAL UNIT - NRS 40.251
(No-Cause Termination)
AND
NOTICE OF SUMMARY EVICTION - NRS 40.254
TO: Zachary Couqhl in, and any other person (Tenant)
claiming therelJOder, or occilpying
Date 0 f Se rvi ce: _----J.S __ _
PLEASE TAKE NOTICE that pursuant to NRS 40.251, you are in unlawful
detainer for failing to vacate and continuing in possession of the rental unit located at:
121 Rjyer Rock Street, Reno, Nevada 89503
after having been served the following notice which has now expired:
___ 1. Seven (7) judicial days 1 notice to vacate and leave the rental unit
(because you are a week-to-week tenant). NRS 40.251 (1 )(a)( 1)
_.<LX _ 2. Thirty (30) calendar days notice to vacate and leave the rental unit
(because you have a periodic tenancy which is not week-to-week).
NRS 40.251 (1 )(a)(2).
___ 3. Five (5) judicial days notice to vacate and leave the rental unit
(because you have a tenancy at will). NRS 40.251 (1 )(a)(3).
1 "Judicial Days" do not include date of service, weekends or legal holidays.
Apartmenl
Landlord Nolice
Five-day Nollce of Unlawful Detainer for Failure
to Vacate Rental Unit (NRS 40251) and Notice of
Summary EvicDon (NRS 40.254)
Form
1 of 5
ReVised: April 14,2006
4. Seven (7) judicial days notice to vacate and leave the rental unit
Revised Statutes and your rental agreement expired or terminated as
of _______ , 20 __ ). NRS 40.251 (1 )(b)(1 )(1). (Applies to
week-to-week tenancies.)
Thirty (30) calendar days notice to vacate and leave the rental unit
Revised Statutes and your rental agreement expired
of -----'Fc...::e:...::::.b-'--'ru::..:::a'-'-..r..<-v-'=2=8 __ , NRS 40.251(1)(b)(1)(II). (Applies
to all other periodic tenancies.)
6. Five (5) judicial days notice to vacate and leave the rental unit
(because you have a recreational vehicle lot tenancy, pursuant to NRS
40.215(6), NRS 40.251 (1 )( d).
ATTENTION! If you do not vacate and leave the rental unit within FIVE
JUDICIAL DAYS from the date of service of this Notice, I will seek an order of eviction
from the Justice Court. If you are evicted, you may legally be locked out of the rental unit
the same day.
ATTENTION! To contest this notice, you must file a Tenant's
Affidavit/Declaration with the Justice Court of _----'-'-R,..eowo"---_______ _
Township by noon of the FIFTH JUDICIAL DAY from the date of service of this
notice. There is a filing fee of $ 33.00 . If you are unable to pay the filing fee, you
your fee waiver, your Tenant's Affidavit/Declaration will be filed at no charge. You
must also deliver a file-stamped copy of your Tenant's Affidavit/Declaration to me.
Upon the filing and delivery of your Tenant's Affidavit/Declaration, you are entitled
to a court hearing.
disability, and your tenancy is not week-to-week, you may make a written request to me to
Apar1ment 2 of 5
Landlord Notice
Form 114 2006 Nevada Supreme Cour1
Revised: April 14,2006
be allowed to continue in possession of the rental unit for an additional 30 days. You must
provide me with proof of your age or disability with your written request. If I reject your
request, you have the right to petition the court to continue in possession of the rental unit
for an additional 30 days. If the court denies your petition, you will be allowed to continue
in possession of the rental unit for five (5) calendar days following the date of entry of the
order denying the petition.
Dated this ~ r d y of September ,20-.lL.
Matthew Merliss
Landlord
cia Casey D. Baker, ESQ.
Address
652 Forest Street. Reno. NV 89509
( 77 5) 348-0888
Phone
Casey D. Baker, ESQ.
Apanment
Landlord Notice
Summary Evicoon (NRS 40.254)
Form 114
3 of 5
Revised: April 14.2006
On II
(Date)
+,i/( ))JJ7 donce of ?;:tz;:-;itJjrJ-lrt-.. J;(L MI,-vt<-5 \..t<Jc.ATe: urJTT
(Name of Document)
at the following 1\ and in the following manner:
witness. (Server, Tenant & Witness Must All Sign) .
.... .. -

S(gn?tl'J.re of Server
/ 'J. Durden
Lie. #R-008867
Signature of Tenant Signature of Witness
2. Because the tenant(s) were absent from their place of residence or from
Apartment
Landlord Notice
F,veday Notice of Unlawful Detainer for Failure
LO Vacate Rental Unit (NRS 40251) and Notice of
Form
4 of 5
Revised. April 14.2006
SUBSCRIBED AND SWORN to before me this __ day of ______ _
20
NOTARY PUBLIC
OR
DEPUTY CLERK ___________ _
OR
THE FOLLOWING:
Executed on 1 Z 7 20 /I
, --

G '

J. Durden
Lie. #R-008867
dE 11.4[;/1 (()utcr #fJZ2
Print Name
Apartment
Landlord Notice
Form
5 of 5
ReVised April 14,2006
TO
NO-CAUSE TERMINATION NOTICE TO VACATE
NRS 40.251 (1)
_n..:...., ___ (Tenant)
person claiming thereunder, or occupying
Date of Service: August 22, 2011
PLEASE TAKE NOTICE that you must surrender and vacate the rental unit
located at: 121 River Rock Street, Reno, Nevada 89503

You are entitled to a period of:
__ 1. Seven (7) judicial days 1 after service of this notice to vacate and
leave the rental unit (because you are a week-to-week tenant).
NRS 40.251(1)(a)(1).
X
__ 2. Thirty (30) calendar days after service of this notice to vacate and
leave the rental unit (because you have a periodic tenancy which is
not week-to-week). NRS 40.251(1)(a)(2) .
__ 3. Five (5) judicial days after service of this notice to vacate and leave
the rental unit (because you have a tenancy at will). NRS
40.251 (1 )(a)(3).
I "Judicial Days" do not include date of service, weekends or legal holidays.
Apanment
Landlord Notice
No Cause Termination Notice to Vacate
Form #1
1 of 5
Revised April 14. 2006
___ 4. Seven (7) judicial days after service of this notice to vacate and
leave the rental unit (because your tenancy is subject to Chapter
118A of the Nevada Revised Statutes and your rental agreement
X 5.
will expire or terminate as of __________ , 20 __ ).
NRS 40.251(1)(b)(1)(I) . (Applies to week-to-week tenancies.)
Thirty (30) calendar days after service of this notice to vacate and
leave the rental unit (because your tenancy is subject to Chapter
118A of the Nevada Revised Statutes and your rental agreement
as of February 28 ,
NRS 40.251 (1 )(b)( 1 )(11). (Applies to all other periodic tenancies.)
___ 6. Five (5) judicial days after service of this notice to vacate and leave
the rental unit (because you have a recreational vehicle lot tenancy,
pursuant to NRS 40.215(6), NRS 40.251(1)(d).
ATTENTION! If you fail to vacate the rental unit by September 23 ,20_11_
you will be guilty of an unlawful detainer (unlawful possession), and I will start eviction
proceedings against you.

disability, and your tenancy is not week-to-week, you may make a written request to me
to be allowed to continue in possession of the rental unit for an additional 30 days past
the time listed on this notice. You must provide me with proof of your age or disability
with your written request. If I reject your request, you have the right to petition the court
to continue in possession of the rental unit for an additional 30 days. If the court denies
your petition, you will be allowed to continue in possession of the rental unit for five (5)
calendar days following the date of entry of the order denying the petition.
Apartment
Landlord Notice
Form 111
2 of 5
2006 Nevada Supreme Courl
Revised Apnl 14. 2006
ATTENTION! THIS NOTICE IS BEING GIVEN PURSUANT TO NEVADA
REVISED STATUTES. If you do not comply with this notice you will be in
unlawful possession of the rental unit, and you will be subject to the eviction
procedures contained in NRS 40.254 or NRS 40.290 et seq.
Dated this # day of uS u-;r- ,20_11_.
Matthew Merliss
Landlord
c/o Casey D. Baker, Esq.
Address
652 Forest Street. Reno. Nevada 89509
(775) 348-0888
Phone
Unless you provide written notice to the undersigned within thirty (30) days ofreceipt of this
letter, that the validity of this debt is disputed, the undersigned will presume the debt to be valid.
If you do notify the undersigned in writing that all or any portion of the referenced debt is
disputed, a copy of the judgment and/or verification of the debt will be obtained and mailed to
you. If the creditor named above is different from the original creditor, the undersigned will,
upon written demand from the consumer, furnish the name and address of the original creditor.
FEDERAL LA W REQUIRES THAT WE INFORM YOU THAT THIS IS AN A TTEMPTTO
COLLECT A DEBT AND ANY AND ALL INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
Apanment
Landlord Notice
Form #1
3 of 5
2006 Nevada Supreme Coun
ReVised April 14. 2006
On 8-2..2.- 1\
(Date)
Ala - CA
LJ
5 If-r-M A/IL
(Name of Document)
at the following time -=t: _D_tf-,--_ in the following manner
__ 1. By delivering a copy to the tenant(s) personally, in the presence of a
witness. (Server, Tenant & Witness Must All Sign).
2.
3.
Apartmenl
Landlord Notice
Because the tenant(s) were absent from their place of residence or from
4 of 5
CJ1.se TermlnallOn NOlice 10 Vacale
ifOf Cf1 1\-1 2006 Nevada Supreme Court
Revised April 14.2006
SUBSCRIBED AND SWORN to before me this __ day of _______ _
20
NOTARY PUBLIC
OR
DEPUTY CLERK
---------------
OR
THE FOLLOWING:
Executed on 3 -22
Signature
-..j()EL-- 2/U I<DCr0
;z.-d
v
B
8G
7
2011
, --
?J.ktM../1!<l '::itS28
Print Name
Apartment
Landl ord Notice
Form #1
5 of 5
Revised . April 14,2006
I ~ ,;; 1 Nevada Court Services
*. .' " . 475 S Arlington Suite 1A
, - I Reno, Nevada 89501
Zachary Coughlin and / or any others
Reno,NV.89503
Verification of Your Debt
RE: request for 30 days additional to stay in
possession disability
Sent: Thu 11/10/11 11:13 AM
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Circular230Notice.
11/9/2011 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids0a642293-0bd0-11e1...
Sent: Fri 11/04/11 12:36 PM
Mr. Coughlin:
We have never been served with any paper entitled Motion to Continue in Possession. If you have
proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your
request, including any specific statute you are purporting to invoke.
Casey Baker
Subject: request for 30 days additional to stay in possession disability
Dear Mr. Baker,
thanks,
ZachCoughlin,Esq.
121RiverRockSt.
Reno,NV89501
7753388118
LicensedinNevada
only.IIyouarenottheintendedrecipientoranagent responsibleIordeliveringittotheintendedrecipient,youare
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Document Code:
Zach Coughlin
Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
PlaintiII,
vs.
DeIendant.
Real Parties in
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CASE NO: rev2011-001708
DEPT. NO: 2
ANALYSIS
OPPOSITION TO MOTION TO SHOW CAUSE;
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Table oI Contents
How to File A:
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(See NRS 40.254)
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allegedly.

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JCRLV has.

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/s/ Zach Coughlin
Zach Coughlin
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PROOF OF SERVICE
652 Forest Street
Reno, NV 89509
-----------------------------
Zach Coughlin
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Document Code:
Zach Coughlin
Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
PlaintiII,
vs.
DeIendant.
Real Parties in
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CASE NO: rev2011-001708
DEPT. NO: 2
ANALYSIS
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Table oI Contents
How to File A:
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(See NRS 40.254)
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allegedly.

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/s/ Zach Coughlin
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PROOF OF SERVICE
652 Forest Street
Reno, NV 89509
-----------------------------
Zach Coughlin
gr
LAW Of ACE
RICHARD G. HIll
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2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
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COUNlYOF WASHOE, STATE OF NEVADA
10 MAlT MERLISS;
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Plaintiff,
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Case No.: REV2011-001708
Dept. No. 2
16 OPPOSITION TO MOTION TO WAIVE TRANSCRIPT COSTS AND
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DEPQSITION COSTS AND FEES AT PUBLIC EXPENSE
Plaintiff, MAITMERUSS, through counsel, RICHARD G. HILL, CHARTERED
19 and CASEY D. BAKER, ESQ. , opposes <;oughlin's motion to waive transcript costs and
20 deposition costs and fees at public expense. This opposition is based on the points and
21 authorities below and all papers and pleadings on file herein.
22 POINTS AND AUTHORITIES
23 Coughlin is the appellant. He is required to pay the cost of the transcript on
24 appeal. NJCRCP 74(b)(1). Although he claims to be indigent, Coughlin does not cite to any
25 authority that would allow him to foist the cost of his frivolous appeal onto the taxpayers.
26 He does not recite any facts that would, by any stretch of the imagination, entitle him to
27 that extraordinary relief.
Po.10!r1ce8oll2561 28 III
R_ . Nev.o.lI9m
(775) 34S-0688
Fax(775) J4.0856
I.AWOFflCE
RlCI4ARD G. HILL
1 Coughlin is an attorney. He claims to have clients. He has not demonstrated
.
2 that his "high-stakes law practice" does not generate enough funds to pay the costs of his

3 personal and voluntary litigation. Further, as the court knows, Coughlin was able to come
4 up with $2,275.00to deposit with the court in October, which was later returned to him just
5 a matter of weeks ago. As the court also knows, Coughlin was living at Merliss' property
6 rent r ~ e and without paying for utilities, for approximately six months (part of which time
7 he was illegally squatting after being evicted). In any event, if the cost of a transcript is
8 abnormally high in this matter, it is due solely to the frivolity of Coughlin's arguments, his
9 incessant requests for additional hearings (to which he then objects), and his refusal to
10 proceed diligently at those hearings. Under no circumstances should the court relieve Mr.
11 Coughlin of his obligation to fund his own frivolous appeal.
12 WHEREFORE, plaintiff prays that Coughlin take nothing by way of his motion;
13 that same be denied in its entirety; and for such other, further, and additional relief as
14 seems just to the court in the premises.
15
16
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19
20
21
22
23
24
25
26
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DATED this ,)1 ~ day of November, 2011.
.CASEY D. B R, ESQ.
652 Forest Street
Reno, Nevada 89509
~ I OffICe Boo. 2SS1 28
R_ . Nev_ 8950S
{775) 3eOe88
Fu(775) 340858
2
LAW OFFICE
RICHARD Go HILL
1
2
Pursuant to NRCP 5(b), I hereby certify that I am an employee ofRiCHARDG.
3 HILL, CHARTERED,and that on h ~ day of November, 2011, I deposited in the United
<
, .
5 of the foregoing OPPOSITION TO MOTION TO WAIVE TRANSCRIPT COSTS AND
6 DEPOSITION COSTS AND FEES AT PUBLIC EXPENSE to:
7
8
9
10
11
12
Zach Coughlin, Esq.
Reno, Nevada 89501
13 and that on the day of November, 2011, I sent a true and correct copy of the foregoing
14 OPPOSITION TO MOTION TO WAIVE TRANSCRIPT COSTS AND DEPOSITION
15 COSTS AND FEES AT PUBLIC EXPENSE by email to:
16
17
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19
20
21
22
23
24
25
26
27
Zach Coughlin, Esq.
POIJI ClfI'a; Sa< :l551 2 8
Reno. Notv.doI 89506
(775) 3<1lI-088II
fu(775) 3<l8-OBM
RENO MUNICIPAL COURT
P.o. Box 1900
Rtno, NY 8950.
(775)
."u (775) 33,w824
Fr lll"il "ddrt.'lls: RCllo:\"lm,; gil>'
RECORD REQUEST
INSTRUCTIONS:
Rcqll""Si D:uc: 121 8/2011
---
I. Prill! Qut Ihis request form.
2. l'ill1h.::: fonn out completely.
3. fax or email your rcqUCS110 Ih" COlin.
4. Yon will be nOlifi cd when youI' r""cords arc ready for pick up.
COI)ies mll Y take 3-4 wceks
PLEASE NOTE: I HAVE AN EXlGE1IT NEED ' FOR THESE RECORDS/RECORDINGSl ITO FILE R59,
R60 , MUllON FUR REWNSIDERAIION , Eat. MUlIONS
: I am requestlng a I FP/fee walver on all charges , but. will pay a nY
with these materials if IFP is denied; URGENT REQUEST;
IXf.:ndant"s Name: Zachary B. Coughlin Date of Birth: C 'CIC'='c1o'=',=cc-=====-
I CANNOT WAIT MORE THAN 1 DAY FOR "c!ll RULING AND WILL PAY CHARGES REQUIRED RIGHT
AWAY R"no Police Case/Citation ______ _
(If you dQ nOI this llUlnt,.,r you C:Ill contact RenQ J)epartmcu! at 775-334-2175)
Charge(s):
petit l arceny 8 . 10.04 0 Reno Municipal Code
D.1le; a rrest. made 9/9/2011 arr a i g nmen t held 1 0/ 1 0/2011
R{'qu{',lnr:
Ie 110627 RSI C
case number
N
Zachary B. Coughl in
! 3111 e: ______________________________________ ___
Address: 817 N. Virginia Re no, NV 89501
please communi cate by fax or email onl y
Phone Number: 94 9 667 74 02 or

E_mail addr.!ss: zachcoughli n@hotmail.
com
CHECK ONE
G Computer "rillionl : This inchul es ""'it history and di sposition. ($0.30 !'We pag.)
D computer prinlool: '111i s includes case hi story :md di sposition. all copies cenifi cd.
o I. N .S. C<' rtilied n}II;"": ($.1.00 .,...- 1"'11' )
(SJ.OO ptT pa!f)
rxl .
U Other dO<"uIlI cnts: (PklSe specify) I am requestl.ng
tri a l and cont empt order finding, as well as
the cd/dvd recording of the entire
all documentation included in the file
You will b l." IlIlIifil."d by ,,110 111." or I." _",,,il of 111 I." 1."0$1 "lid wll l"n Iu "i ck u" your rl"Inb
for t hi s c a se in any way, including correspondences and non/pleadings, as well as
al l Orde rs of the Court, di scover y, etc .
SEARCH RESULTS FOR CASES AS OF DECEMBER 2012
IN THE RECORDS OF RJC CIVIL DIVISION OF
THE WORD "COMMERCIAL" APPEARING IN ANY OF THE
"EVICTION DOCKETS" FOLDER'S FILES
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gr 1
LAW OFFICE
RICHARD G. HILL
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10 MATT MERLISS;
11
12 v.
Plaintiff,
Defendant.
)
)
)
l
)
)
)
)
----------------------)
Case No.: REV2011-001708
Dept. No. 2
14
15
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OPPOSITION TO MOTION TO CONTEST PERSONAL PROPERTY LIEN;
JOINDER IN MOTION TO SET ASIDE OR VACATE ATTORNEY FEE AWARD
Plaintiff/ landlord, MATT MERLISS, through counsel, RICHARD G. HILL,
19 CHARTERED and CASEY D. BAKER, ESQ., opposes defendant's motion to contest
20 personal property lien. Defendant has been given every opportunity to retrieve his
21 belongings. but is simply refusing to pay the statutorily permitted storage fees.
22 Plaintiff joins in defendant's motion to set aside or vacate attorney
23 fees award entered on November 9, 2011, and asks the court to vacate that
24 entire award.
25 This opposition and joinder are based on the points and authorities below and
26 all papers and pleadings on file herein.
27 / //
Poot otIice Sox 2551 28 ///
Re,..,. 1\Iev1fllj. 8i505
(775) 3<18-0688
F.-(nS) 348-0858
LAW OFFICI!:
RICtlARO G. HILL
1 POINTS AND AUTHORITIES
2 FACfS
3 1. Merliss is the owner of the real property located ai 121 River Rock Street,
4 Reno, Nevada (the "PROPERTY").
5 2. On or about March I, 2010, Merliss rented the Property to Coughlin and his
6 then-girlfriend.
9 Termination Notice to Vacate NRS 40.251'(1) upon him.
11 Notice of Unlawful Detainer For Failure to Vacate Rental Unit - NRS 40.251 (No-Cause
12 Termination) and Notice of Summary Eviction - NRS 40.254.
13 5. On October 27, 2011, after all due and proper notice and opportunity to be
14 heard had been given to Coughlin, this court entered its Findings of Fact, Conclusions of
15 Law and Order Granting Summary Eviction. A true and correct copy of the referenced
16 order i3 attached hereto as EXHIBIT 1.
17 6. EXHIBIT 1 was served on Coughlin on November I, 2011 by the Washoe
18 County Sheriffs Department, by posting same on the front door of the property in the
19 manner customary for evictions in Washoe County. The locks to the premises were
20 changed at that time, thereby ejl'Cting and dispossessing Coughlin of possession of the
21 Property. Mr. Coughlin was not present, but the notice was posted and the locks were
22 changed.
23 7. Thereafter, Mr. Coughlin unlawfully, and without any right to do so,
24 reentered upon, and took possession of, of the Property.
25 8. Specifically, on November 13, 2011, Mr. Coughlin was found to be living in
'.
"
26 the ba,;ement of the Property. Coughlin was arrested and charged with trespassing at that
27 time. is made to plaintiffs Motion for Order to Show Cause, filed herewith and
Poet otrlOl Bg, Z!;51 28 III
1'1_, N.v_ 8II5O!i
148-0688
Fo(71S) 141S.oasa
2
LAWOFFlCE
RICHARD G. HI LL
1 incorporated herein by this reference, for further particulars regarding the discovery and
2 arrest of Mr. Coughlin on that date.
3 9. Beginning on November 2, 2011, plaintiffs counsel, RICHARD G. HILL,
4 ESQ., began sending emails to Coughlin on an almost daily basis, asking Coughlin to
5 contact Mr. Hill's office to make arrangements to retrieve Coughlin's belongings f r ~ m the
6 property. See Declaration of Richard G. Hill, Esq., attached hereto as EXHIBIT 2. Copies
7 of the referenced emailsareauthenticatedin. andattachedto. Mr . Hill's declaration.
",
8
I:
10. Mr. Coughlin would not respond directly to Mr. Hill's emails, claiming that
9 he did not receive them. Coughlin first claimed that he was having "technical difficulties"
10 and that "some emails appear blank or black". Now, Coughlin claims that he did not receive
11 those emails because he had added Mr. Hill 's email address to his "blocked senders list".
12 Coughlin eventually responded directly to Mr. Hill's emails, but still has not proposed any
,
i ,
13 plan for paying the storage fees he owes and retrieving his belongings.
14 ll, On November 10, 2011, the undersigned sent three emails to Mr. Coughlin,
15 one of which included a letter regarding Mr. Coughlin's debt to Dr. Merliss. See Declaration
16 of Casey Q, Baker, Esq., attached hereto as EXHIBIT 3. Copies of the referenced emails are
17 authenticated in, and attached to, Mr. Baker's declaration.
18 12. Mr. Coughlin claims that the undersigned's letter dated November 10,2011
19 somehow authorized him to remain living at the property after the eviction. He is simply
20 wrong. See EXHIBIT 1 to Mr. Baker's declaration. Nowhere in that letter is there any
21 authorization for Mr. Coughlin to trespass and squat at Dr. Merliss' property.
22 13. Coughlin did not attempt telephone contact with Mr. Hill's office until
23 approximately 11:00 p.m. on Saturday, November 12, 2011, at which time he left two voice
24 messages.
25 14. Thereafter, Coughlin placed several telephone calls to Mr. Hill's office,
26 during which he harassed Mr. Hill and his staff. On November 15, 2011, Coughlin showed
27 up at Mr. Hill's office unannounced, and barged in and created a scene, interrupting a
: : . ~ ~ : ~ 28 deposition in the process.
(775)3-4&-0880
F .. (775) 34&-06SB
3
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LAW OffIC!
RICHARD G. "ILL
1
2
3 as follows:
4
5
6
7
8
9
10
LAW
1. Reference is made to NRS 11BA.460(1)(a), which provides in pertinent part
1. The landlord may dispose of personal property abandoned on
the premises by a former tenant or left on the premises after
eviction of the tenant without incurring civil orcriminal liability in
the following manner: .
(a) The landlord shall reasonably provide for the safe
storage of the property for 30 days after the abandonment or
eviction or the end of the rental period and may charge and
collect the reasonable and actual costs of inventory,
moving and storage before releasing the property to the
tenant or his or her authorized representative nghtfully claiming
the property within that period. The landlord is liable to the tenant
only for the landlord's negligent or wrongful acts in storing the
property.
11 NRS 11BA.460(1)(a) (emphasis added). See also the official Nevada Supreme Court Form
12 #15, entitled Motion to Contest Personal Property Lien and For Return of Personal
13 Property, attached hereto as EXHIBIT 5, at paragraph 4 ("I understand that the landlord
14 may charge and collect the reasonable and actual costs of inventory, moving and storage of
15 my personal property before releasing it to me ... ")
16 ANALYSIS
17 The second and fina{day of the summary eviction hearing in this matter was
18 Tuesday, October 25.2011. At the conclusion of that hearing, the court announced its
19 findings of fact, and specifically granted the eviction, all on the record. Coughlin was
20 present iIi court, and knew, atthat moment, that he had until October 31,2011 to vacate the
21 property, or he would be locked out. In fact, Coughlin even asked the court for an
22 opportunity to prepare and submit his own version of the court's findings, but, predictably,
23 failed to do so. Then, on October 27, 2011, the court entered its written order, a copy of
24 which is attached hereto as EXHIBIT 1. That order was served on Coughlin by the Washoe
25 County Sheriffs Department on Tuesday, November 1, 2011, a full week after the hearing
26 in which Coughlin was first given notice, on the record, that an eviction had been granted.
27 The order was posted to the front door in the customary manner of evictions performed in
28 Washoe County, and the locks ori the front and back doors were changed at that time.
(175}348.0888

4
LAW OfFICE
RICHARD G. HILL
1 Even though he had a week to do so, Coughlin did not remove his personal
2 belongings from the property prior to the lockout. In fact, he did not even remove himself
3 from the property. Unbeknownst to Merliss or his counsel, Coughlin continued to live in
4 the basement of the property until he was discovered squatting thereon Novemberl3, 2011
5 - nearly two weeks after he was legally locked out. Coughlin had barricaded himself, his
6 dog, and some of his presumably more cherished possessions in the basement. When
7 Coughlin refused to emerge from the basement after being ordered to do so by the police,
8 Merliss was forced to kick down the door to gain access to his own property. Coughlin was
9 arrested and charged with trespassing. Due to Coughlin's criminal activities, the security
10 of the house was compromised. As a result, Merliss was forced to incur costs in the amount
11 of $1,060.00 to secure the property in order to protect it and Coughlin's belongings. A true
12 and correct copy of the bill from the contractor is attached hereto as EXHIBIT 2.
13 . Now, unbelievably, Coughlin asks the court to exercise its equitable powers to
14 reduce or eliminate Merliss' statutory right to recover the reasonable costs of storing
15 Coughlin's property. Under no circumstances should Coughlin be granted any relief atthis
16 juncture, equitable or otherwise.
17 A. Merliss is Entitled to Charge and Collect a Reasonable Fee for
18 Storage of Coughlin's Property Before Releasing it.
19 NRS 118A.460(1)(a) controls. Coughlin was evicted and the locks were
20 changed. Coughlin had known for an entire week that he would be getting locked out, but
21 he left the main level of the hoilse essentially full and untouched, as though he never
22 intended to leave (in fact, he never did leave). Photographs showing a "lived in" and fully
23 furnished residence, which was obviously not in the process of being vacated, will be
24 provided at the November 21, 2011 hearing.
25 Coughlin continued to illegally live in the basement, without permission, after
26 he was evicted. He had a bed set up, food, water, computers, televisions, and even a pet
27 (which was defecating on the floor). The walls were (and are) lined with bags and boxes of
POll 011 ... Be< 2S$1 28 III

(775) 348.0888
F ... (775) 34lISS8
5
LAW OFfiCE
RICHARD G. Hill
1 what can only be described as "junk". Every nook and cranny of the spaoe was, and is, taken
2 up with some thing or another. In addition to the main living area and the basement,
3 Coughlin has managed to literally stuff the attic full of even more junk. Photographs of the
4 basement and attic will be provided at the November 21, 2011 hearing. Mr. Coughlin's
5 personal property did, and does, fully occupy the entire house.
6 Under NRS 118A-460, Merliss is obligated to store Coughlin's belongings for
7 30 days before he can lawfully dispose of them. Under normal circumstances, it might be
8 cost effective to inventory and move a household full of goods to a storage unit for those 30
9 days. But here, it is simply not economical. Coughlin has filled the house with so much
10 trash and other worthless debris, that to inventory, pack, and move it, together with
11 Coughlin's belongings that may have some value, would not only require a herculean effort,
12 it would be a colossal waste of resources. By leaving the Coughlin's property in the house
13 and charging him the fair rental value for storage ($900.00 per month), Merliss is actually
14 mitigate the costs Coughlin is statutorily required to bear. Coughlin should be thanking
15 Merliss, not stalking and harassing his attorneys,
16 . Mr. Hill and the undersigned, have made numerous efforts to coax Mr.
17 Coughlin into arranging to retrieve his belongings. See EXHIBIT 3 and EXHIBIT 4, hereto.
18 Instead of responding to those efforts in a civilized, reasonable, or even rational manner,
19 Coughlin has instead chosen to resort to his usual game-play, pretending to have never
20 received counsel's communications. Except this time, Mr. Coughlin has elevated his antics
21 to include threatening and stalking behavior toward Mr. Hill and his staff. Why Mr.
22 Coughlin feels it is necessary to video-record the license plates of Mr. Hill's staff members
23 is beyond the grasp of this writer. Perhaps Mr. Coughlin will be able to explain this tactic
24 at the hearing. In any event, it is painfully obvious that the reason Mr. Coughlin never
25 responded to Mr. Hill's inquiries regarding the removal of his personal belongings before
26 November 13, 2011, is because Coughlin was illegally living in the property the whole time.
27 Only now, after the property has been secured, and Mr. Coughlin released from jail without
POIIorr..,.9oJc2$$1 28 III
R_ . "'-"_88505
(715) J4I.OIIIIII
FMjn5) 3e0858
6
LAW OFFICE
RICHARD G. HIll
1 his wallet, cell phone, or computer, does he even approach what can be considered a sincere
2 request to remove his things from the house. Unfortunately for Mr. Coughlin, he has fully
3 committed himself to his gamesmanship. He cannot seem to bring himself to deal with the
4 reality of the situation: that he must pay those costs Merliss was forced to incur as a direct
5 result of his prior bad decisions, before he can retrieve his belongings. NRS u8A.460.
6 Instead, Coughlin continues to pretend that he is not receiving Mr. Hill's emails, even
7 though he obviously has, and he has now filed yet another unsupported motion for
8 sanctions against Hill and Baker. Despite all of this, Mr. Hill has repeatedly offered to
9 retrieve Mr. Coughlin's wallet and his "client files" for him without any requirement for
10 payment in advance. For some reason, Coughlin would rather argue with Mr. Hill than take
11 him up on that offer.
12 Coughlin's abuse of this court's processes must be stopped. He continues to file
13 baseless and frivolous motions and other papers, even though he has appealed this case to
14 the district court. He continues his pattern of sending late-night email rants to counsel,
15 which serve only to drive up fees for Merliss and further destroy whatever shred of
16 credibility Coughlin may still possess. He has harassed, cursed at, and abused Mr. Hill's
17 staff, and, on one occasion, barged iqto Hill's office unannounced, creating a scene and
18 interrupting a deposition. Enough is enough. It is time for Mr. Coughlin to face facts and
19 move on. This court must not tolerate any further ravings from Mr. Coughlin, and should
20 order hilI), once and for all, to comply with the law.
21 B. The Attorney's Fee Award Should be Vacated.
22 Although there is no caselaw on the matter in Nevada, Coughlin may be right
23 about one thing. Based on the language of the statute, NRS 69.030 may not authorize
24 attorney's fees and costs to a prevailing party in a summary eviction action. Merliss does
25 not concede the point, but simply does not wish to deal with the matter on appeal. Merliss
26 has offered to stipulate with Coughlin to vacate the award, but, despite having sought the
27 same relief from the court by filing this motion, Coughlin has failed to respond to that offer.
P .... 0fIice Be: 2551 28 III
~ . -
5 ) ~
F--.(775) 148.(l858
7
LAWOf'FlCE
RICHARD G. "ILL
1 Merliss joins in Coughlin's request to vacate the award of fees and costs entered herein on
2 November 9. 2011 .
3 CONCLUSION
4 Merliss is entitled to charge and collect a reasonable storage fee from Coughlin
5 before releasing his property to him. NRS 1l8A-460. Counsel for Merliss have gone out of
6 their way to make the process easy on Coughlin, and to let him know what he needs to do
7 to get his belongings, despite Coughlin's constant harassment of counsel and their staff.
8 Coughlin refuses to cooperate, and only wants to fight. His gamesmanship and criminal
9 behavior should prevent this court from awarding him any equitable or other relief
10 whatsoever. If Coughlin want his things, he needs to pay as required under the statute.
11 WHEREFORE, plaintiff prays that the Coughlin take nothing by way of his
12 motion to contest personal property lien; that same be denied in its entirety; and that
13 Coughlin.be required to pay storage fees under NRS 1l8A-460 in the amount of $30.00 per
14 day from November I, 2011, plus $1,060.00 for costs incurred to secure the property,
15 before he be allowed to retrieve his belongings; that, in the event Coughlin pays as
16 required, that he be ordered to remove and properly dispose of all of his belongings at the
17 property; that the court's order awarding attorney's fees and costs entered herein on
18 November 9 ,2011 be vacated; and for such other, further and additional relief asseemsjust
19 to the court in the premises.
20
21
22
23
24
25
26
27
The undersigned does hereby,affirm that the preceding document does not
DATED this ;l1" day of tt'7V " 201l.
~ f ) 7 r
RICHAR'D G.IJfLL;ESQ.
652 Forest Street
POS1 ()!I;ce Bo>. 2S5\ 28
Reno. NIvIIGiI $505
Reno, Nevada 89509
(775) 3-48-08811
F&<l 775) J.4&.0858
6
LAW OFFICE
RICHARO G. HilL
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Post OtIice Bo. 2551 28
R ...... , Nev_ a9se5
(775) 34B-{188S
F.>115) 348-0858
EXHIBIT NO.
1
2
3
4
5
,
EXHIBIT INDEX
DESCRIPTION PAGES
Findings of Fact, Conclusions of Law, and Order for 6
Summary Eviction, file-stamped October 27. 2011
Invoice from Contractor 1
Declaration of Richard G. Hill, Esq.
73
Declaration of Casey D. Baker, Esq. '
23
Motion to Contest Personal Property Lien and for
Relurn of Personal Property form
2
,
EXHIBIT 1
EXHIBIT 1
gr
LAWOffllCE
RICKARD O. HILL
1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
,
:, . .
, .
: . ' ......
1011 OCT 27 PI! 1,: 1,2

" . . - --.-
,', "
6
7
8
9
) 10 MATT MERLISS;
11
12 v.
Plaintiff/ landlord,
l
)
,
Defendant/ tenant.
?
Case No.: REV2011-001708
Dept. No. 2
14
15
16
17 This matter having come on regularly for an evidentiary hearing pursuant to
18 NRS 4().254 and NRS 40.253(6) on October '3, 2011, and continued on October 25,2011,
20 Merliss ("MerHss"), having been present, and represented by counsel, Richard G. Hill,
23 having offered evidence, called witnesses and having offered argument; the matter having
24 been ,,!bmitted to the Court for a decision; the Court being fully informed in the premises
25 and good cause appearing therefor; the Court herewith enters its findings of fact ,
26 conclu'sions of law and order for summary eviction:
27 III
"" "' .... ,. "" 28 III
(71S) SoU.o5M
F .. (775) 304$00B'"
lAW OfflCl
RlCHARO O. HILL
.,'
1 FINDINGS OF FACT
2 The Court finds the following facts:
3 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 I, 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 ll8A.470 and
9 paragraph 3 ofthe parties' rental agreement.
10 4. Coughlin became subject to the provisions of NRS 40.251 to 40.2516,
12 month-to-month tenant, as noted above.
13 5. On August 22, 20ll, Merliss properly and lawfully terminated Coughlin's
14 month-to-month tenancy pursuant to NRS 40.25', by serving the statutory No-Cause
15 Termi'lation Notice to. Vacate NRS 40.251(1) upon him, which notice was admitted into
16 evidence 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.
20 of September 27, 2011, at the latest.
22 Notice of Unlawful Detainer For Failure to Vacate Rental Unit - NRS 40.25' (No-Cause
23 Termination) and Notice of Summary Eviction - NRS 40.254, which notice was admitted
25 prope\:pursuantto, and for all purposes contemplated under, NRS 40.280.
26 . j 8. Merliss' claim for relief of possession of the premises was authorized by law.
27 1/1

_ ........ ,,,. 28 III
R_ . ......... 18506

F (715) 34-O&SI
2
LAW OFfiCE
RlCtv.RD G. HILL
,.
1 9. Coughlin al1eged. as a legaJ 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 Mer1iss acted in a discriminatory
5 manner toward him based on Coughlin's race, national origin, and sex.
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
10 good faith of a violation of a building, housing or health code applicable to the premises and
12 enforcement afthat code" as required by NRS u8A.SIO(l)(a).
13 10.2. Coughlin failed to present any evidence that he "complained in
14 good faith to the landlord or a law enforcement agency of a violation of [NRS Chapter uBA]
15 or of a specific statute that imposes a criminal penalty" as required by NRS uBA.SIO(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 a judicial or administrative proceeding or arbitration in which [he] raised an issue
19 of compliance with the requirements of [NRS Chapter uBA] respecting the habitability of
20 dwelling units" as required by NRS UBA.SIO(l)(e).
21 lOA. Coughlin failed to present any evidence that he had "complained
22 in gao<j faith to the landlord, a agency, an attorney, a fair housing agency or
23 any other appropriate body of a violation ofNRS UB.a10 to U8.120, inclusive, or the Fair
24 Housing Act of 196B, 42 U.S.C. 3601 et seq., or hard] otherwise exercised rights which
25 are guaranteed or protected under those laws" as required by NRS n8A.51O(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 respect to any of
"" .... ..... ' ''' 28 III
R_ . """_ &9!105
(77S)34a..o&U
rU{77! )04$..0II58
3
LAW OFfICE
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, any 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 finds that the maintenance of the surrounding grounds, including weed control,
6 was responsibility of Coughlin under paragraph 220fthe parties' rental agreement.
7 12. Coughlin failed to present any evidence that he complied, or that MerHss
8 failed to comply, with any requirement set forth in NRS 118A.355 and NRS 118A.360, which
13 righlfi!lly belong to Merliss as and for past due rent .
16 located.
17
18
19
CONCLUSIONS OF lAW
The Court concludes the following as the controlling law in this ease:
1. The Court has jurisdiction over the parties and subject matter of this case.
21 2. The ultimate issue before the court at the referenced hearing was the right
22 of the landlord, MerHss, to immediate possession of the Property. NRS 40.254. NRS
23 40.25a(6).
25 sufficiEncy of the tenant's and the landlord's affidavits," to determine whether there is any
26 "legal as to the alleged unlawful detainer," and whether "the tenant is guilty of an
IUCHAIIO G. HILL
PoIIIO!faBo.2S$1 28 III
R_. tM._ ei505
(715) 34M1N1
F.'{775) :wa.oe5fl
4
1 4 MerHss 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,
4 5. "[AJn order granting summary eviction under NRS 40.253(6) should be
5 reviewed on appeal based upon the standard for review of an order granting SUrnrnary
6 judgment under NRCP 56 because these proceedings are analogous." Anvui, LLC v. G.L.
7 Dragdil, 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 genui,ne issue of material fact. It Torrealba 0 .
11 Kesmilis, 124 Nev. 95, 178 P.3d 716 (2008).
13 trial . As such, Coughlin failed to meet his burden of proof to establish any legal defense to
14 the summary eviction. Anuui. Torrealba.
16 Coughlin was not entitled to have the summary eviction hearing heard by ajury. 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 4.253(6), Merliss is entitled to immediate possession of
20 the Property.
21 ORDER FOR SUMMARY IDacnON
22 Landlord, MATT MERLISS, having applied by Affidavit for an Order seeking
23 summary eviction of the above-named Tenant and it appearing from the reoord on file
24 herein,that the statutory requirements have been met and that the Tenant, after notice,
25 unlawf!Jlly detains and withholds the rental unit, and the Court being fully advised and
26 finding good cause, therefore,
27 I II
I II
5
LAwo"t(:!
RICKARD G. HIll
1
2
3 agents be, and hereby is, directed to remove each and every person found upon and Within
efl[&r
4 the rental unit located at 121 River Rock, Reno, Washoe County, Nevada, by no than
. ok >,OOp."'
5 October 31, 20ll
A
Landlord is hereby awarded the right of possession of the premises.
6 IT IS HEREBY FURTHER ORDERED, A !)JUDGED AND DECREED AS
7 FOLLOWS:
8 The sums currently on deposit with the Court, in the amount of $2,275.00, are
13 released to MerHss or his counsel of record. These sums shan not, in any event, operate to
14 stay enforcement of this order and the surrender of the right of Coughlin to possess the
17 from illcreasing the amount of any security to be posted by Coughlin for any reasoll, 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 f).lvlaay of October, 2011.
Po.! 0ft\0I BGo; 25til 28
R_. _8I506
ms) )4I.OIM

6
EXHIBIT 2
EXHIBIT 2
"u, 1 U U-fl1-,;U IEVADA BUILDING ;"\ II:S
"Um.le. .. 0 ____ _
/) , / '// CONTRACTOR AND DISTRlnl) ','(\ 1
SILLING NAME IL' I'T" 1/ ,
Pel el " .. " 0 ___ _
BILLING ....... t- S""d- hres C- BILLING OFFICE
eln' g- ZtP Box 5783
/ Reno, Nevada 89513
DATE II .. /7 / PHONE Ueanud. BQndod' Inlured
JOB NAME
-:2d: c.J., Llcen.e '2036t Umtt 100,000
A Llcenu 1/15023 Umlt 200,000
JOB ADDRESS
g"",..,
/.)./ 825-5100
FAX 826-6494
CITY _
PHONE ___ _
aT'! MATERIAL
/
t 5" Wl
v
tJ'W5
SOLDER
TOTAL MATERIAL
OTHER CHARGES
CtIm (..41-. up
Y})4

CATE COMPLETED:
WATER PRESSURE:
PRICE
TOTAL
-f
PSI CI
AMOUNT
/
SERVICE
.9'it.v;
$I_I
AM/PM
C4iul / Check 0 '-::=-__
..... ,,"" 0 .. /'--__
alii .. "'" if-__
No ,11"m,nl wUI b,
Itom thl. I
WII.r H"t'fl / NIW '1,j'''IC''
IoIl ,r,/Sewer 'Dr.ln Ct.,Nnt
New Pi pIng

"."dentl el/lnc! Ult,III, Co mm.rGIII
Wobl4e HOln"/A,mod",
DESCRI BE WORK FULLY
TOTAL SERVICE
TOTAL MATERIALS
TOTAL OTHER
TAX
1OTAL.
Id(PcJ
dO
IGi'" TO OUR CUSTOMERS: SeIVice men are requited 10 nave woOc slip signed. This is in I)(der to ptOlee! you. ttle workmen, and O\Jrselves, and enlble
1,15 to give you ulisracte:rY service. YOI.I are rnpectlully req",eSled 10 exarrune material and labor Sitiement belor. workmen ,.ave 1I"I'}OtI, ano W 'fO'.J
find ,v'rylhinq .. tislaCIOry, okay tnlJ Iick,t. II HrviOIli urlflullC10ry In any way, pl,ne phOne 0l,Il' olliOt Immtdilll!y.
I tlnd the Urne Ind mat,rlal char.ved abolle wllafactory arod agr .. to pay 100 .. me on preMntaUon ollnvolO8, arod lurther agr .. 1e pay ruaonalb!t
chllrgel 101 ooIlect1on,lncltJdlng attorney', I ... , In the event 01 my o.laulL
I 1\1 .... ItIe autl"lOrlty 10 om. the WOI'k wnk;:h ha, t-erl NIkfacIortIy per10mled
n abOlI'. It I, ajl"Md thet FWO will retain tIIlt to any equlpmenl
or ",,'ert,1 tumlahed unll paymenlls completed. It ifllIle""nll, not made
.. agreed, FWO shall h'lIell"le righllO rem 011' In. Mme, and wU! be held
harmle .. lo r any damegu , res ulting In Ihe remollal Ihereol.
SIGNATURE: ______________ _
o Sticker
o Other Services
o Temp,
PLEASE PAY FROM THIS
INVOICE
A flnanc. 01 '.6% p.r month
(o r 18,... annual p.rc.ntag. rat.)
will be add,d to.an put due accounta.
EXHIBIT 3
EXHIBIT 3
gr
LAW OFFICE
1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10
11
12
13
14
15
16
17
MATT MERLISS; )
) Case No.: REV2011-001708
Plaintiff, )
) Dept. No. 2
v. )
)
)
Defendant. )
)
DECLARATION OF RICHARD G. HILL. ESO.
18 RICHARD G. HILL. ESQ., being first duly sworn, deposes and under penalty
19 of perjury avers:
20 1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
23 This declaration is made in support of plaintiffs Opposition to Motion to Contest Personal
24 Propel. 'ty Lien; Joinder in MOh'on to Set Aside or Vacate Attorney Fee Award, and
25 represents my testimony if caned on to present same in court.
RICHARD G. HILL
PO$I Of!aBol<2551 28 III
ROO(>, N _

346-oe58
2 Nevada, the Nintb Circuit Court of Appeals and the United States Supreme Court.
3 3. My office represents the plaintiff, Dr. Matthew MerHss, in this matter.
4 4. Beginning on November 2, 2011, I began sending emails to Mr. Coughlin
5 regarding the removal of his personal belongings from the property located at 121 River
6 Rock, Reno, Nevada. None of those emails has been returned to me as undeliverable.
7 4.1. Attached hereto as EXH !BIT Iare true and correct copies of the just-
8 referenced emai1s.
9 5. I declare under penalty of perjury that the foregoing is true and correct.
10 AFFIRMATION Pursuant to NRS 239B.o30
11 The undersigned does hereby affirm that the preceding document does not
13 DATED this I day of Novemhe ,2
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2
~ .. ------ --- -- _._,._-- _. -_. ,. .,'
.'
EXHIBIT 1
EXHIBIT 1
rage lot" s
Casey Baker
From: Richard Hill (rhill@richardhillaw.comJ
Sent:
To:
Subject:
Wednesday. November 02. 20116:11 AM
zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
RE: toilet issues fit in 118a.290
Follow Up Fllg: Foll ow up
Fllg Status: Completed
Mr. Coughlin - you hove been evicted from the river o ~ property. and the loem 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 22.020
we will maRe arrangements for you to get your possessions out - on one occasion.
we will insist that you taRe the materials outside the house before being allowed inside.
please recall that Dr. Merliss is entitled to - and asserts a lien for Inventorying and storage of
your possessions.
Mr. BaRer is out this weeR, that means you deal with me.
I am In depos until Friday. if there Is some sort emergency. you 1.1.'111 need to document it & get
that to me.
please let me hnow what arrangements you wont to maRe.
we 1.1.'111. of course. need the RPD ( or somebody similar - at your expense )present at all times
you are on the property.
please confine your communications with me & my office to email.
2- we must still serve you with papers.
VJe need an address - one where you \..ViII open the door, or receive mail .
( we have the video of you hiding behind the door from the process server. How do you thinb
that will play In court??)
as a lawyer I am sure you are familiar with NRCP 5(b)(2)(C)
rgh
----_._- --- .. _._ .. _--_._-
From: Zach Coughlin [mailto:zachcoughlln@holmail .axnj
sent: Wednesday, November 02, 201112:45 AM
To: rhlll@rlchardhillaw.com; cdbaker@rkilardhillaw.com
Subject: toi let issues fit in 118a.29O
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 118a.290: n(b) Plumbing facilities which conformed
to applicable law when installed and which are maintained in good
11 /21/2011
i .
working order." I have evidence showing your client, the neurosurgeon from
Beverly Hills, was less than truthful on the stand the other day. I 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
confirmation 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 are being very careful to avoid any path to
settlement in this matter. Oh, Casey, please don't enter this Settlement 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
inadmissihle. I guess your special brand 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 this
case. I couldn't read your last email. I am waiting to get appropriate written
notice of anything you guys seek to do, like and inspection, a motion seeking
such and order, a written order allowing one, etc. Please assume the property
is crawling with video and audio recording devices like some kind of reality .
television Hollywood soundstage. I am 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 an 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 notify the court of any contrary
authority you were aware of, specifically, 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 argued to Judge Sferrazza that a rent escrow amount should
be ordered deposited with the court. Please see Nevada's Ruless of
Professional Conduct for further explication of how your conduct in that
regard is impermissible. 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, and of course, there was no real
Complaint, just the forms you guys use in providing legal work that you assert
11 /2112011
rage J at 5
was worth some $20K). So, of course, any Order stemming from the October
26th "Trial" will be set aside as void. Then you guys can continue billing
your client for a plenary unlawful detainer action, unless there are some other
expensive procedural detours you wish to take your client on first, or some
people who have nothing to testify about that you wish to stack of costs and
fees serving with subpoenas. How about this, I found some authority that .
suggest I can 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 aware 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 another $20,000 in attorney's fees from
him? Wait, unless you guys did this case on a flat fee and are now attempting
to, in an impermissible manner, redefine "incurred" to include imaginary
amounts you billed Merliss based on a billable hour when in actuality he was
billed on a flat fee. Especially where you may have engaged in overbilling
these imaginary hours to respond to what you yourself have defined as
pointless and weak legal motions by myself. If they are so poorly executed,
why does it take you guys $20,000 in attorney's fees to defend against them.
Is that why you redact so many things from your billing statements?
Hopefully you aren't running any unlawful skip traces, its not hard to find out
if you are. Please let your client know that his dubious assertions, under oath,
that he paid, sometime around May 24th, 2011 , the Green Action Lawn
Service and additional $2,000 to weeds the property at 121 River Rock St,
Reno, NY 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 asserted 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 than discounting anything I say
and doing a bunch of yoga to twist and turn tortuously to somehow find 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 Kraken, as I run a law office
out of 121 River Rock, and my client's entrust me with important matters, like
11 /21 /2011
getting Trustee Sales postponed and fighting wrongful foreclosures, etc. , 'and
any malfeasance on your part will result in consequential damages, think skull
plaintiff style, for which you yourself and your neurosurgeon client may
ultimately be liable for, Kind of a big risk to take just to get a IiI 01' eviction,
but I guess if you are collecting enough attorney's fees, then maybe that is a
risk you are willing to take, not sure about your client, but yeah, maybe it
would be worth it to you guys, Dick and Casey, I am looking forward to the
jury trial in this matter, as an appropriate and timely demand for such has been
made. Oh, 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 pattern and practice of hiring allegedly .,.
undocumented Hispanic labor for cheap, and a preference for female, docile;
Hispanic tenants (see the Fair Housing Discrimination laws, which are applied
in a facially neutral marmer, despite whatever confusion Judge Sferrazza may
have in that regard),
Sincerely,
Zach Coughlin, Esq .
21 River Rock St.
Reno, NV 89501
7753388118
Licensed in Nevada
** Notice This message and accompanying documents afe covered by the electronic Communications Privacy Act, 18
U.S.C. 25102521 , and may contain confidential information intended for the specified individual (s) only. If you are 0S't
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received this document in error and that any review I di ssemination, copying, or the taking of any action based on the contents
arthis information is strictly prohibited.
COHFIDNTlAUTY HOTICE
This is only for nOlMd 000 moy contoin informotion thot is
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on of this information is and may unlawful . If you this in
or not tM notify this from your computer, and Mstroy any
copies in any form by than nalMd Is not a Of any
work product, or other
IRS Circular 230 To with imposltd by
inform you that any U.S. tax in this communication (including any attachlMnts) was not
or to and cannot usltd, by ony for tM Of (i) avoiding tax-relat.cJ
or (iI) promoting, markning or to anotMr any transaction or in
this cOfmlunicotion.
,. ,
11 /2112011
Checked by AVG www.avg.CDm
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Richard G. Hill
From:
Sent:
To:
Subject:
Richard HIli [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 stuff out of the house.
It is time to start dealing with reality.
May we please hear fom you??
Rgh
CONFIDENTIAL: ATIORNEY WORK PRODUCT; ATIORNEY-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
you have received this message in error, please notify the sender and delete the email message from
your system. Thank you.
To ensure compliance ~ 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.
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Richard G. Hill
From:
Sent:
To:
Subject:
Richard Hill [rhill@richardhillaw.comJ
Tuesday, November 08, 2011 8:32 AM
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 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: ATIORNEY WORK PRODUCT; ATIORNEY-CLIENT PRIVILEGE This e-mail
may contain legally privileged or confidential information. If you are not the intended recipient , please
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax
herein,
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Richard G. Hill
From: Richard Hill [rhill@richardhill aw.comj
Sent: Wednesday. November 09, 2011 1:53 PM
----
Subject: FW. My calls my sluff
Mr .. Coughlin - receipt of your emali below Is ocRnowledged.
you have not called or emoiled me or my office In response to my multiple requests to get
your stuff out of the house. the lien on your property grows daily.
we Rnow you have broRen into the house. we have photos & videos.
therefore, you Ion"", what the status of the property Is.
further, your CRIMINAL acts have compromised the Integrity of the home.
the longer this drags on, the more lil:lely that your possessions may get stolen.
please review NRS lIaA.460.
you have duties of cooperation and mitigation; both of which you are breaching 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 be on the property without prior permission - clearly communicated to you IN
ADVANCE- and thi s is NOT such a communication.
please confine younelf to email and deal with me on this.
please try to get real.
your gamesmanship Is substantial. but both counterproductive and doomed.
as a lav.ryer, you Rnow that neither an appeal nor a motion for stay affect the operation of a
judgment.
LET'S CET REAL!!!
rgh
From: casey Baker [mailto:cdbaker@richardhiliaw.com]
sent: Wednesday, November 09, 20111:21 PM
To: rhlll@rlchardhillaw.com
Subject: FW: My calls my stvff
From: zachcoughlin@hotmall.com [mailto:zachcoughlin@hotmail .com]
sent: Wednesday, November 09, 2011 12:44 PM
11 /912011
To: casey Baker
Subject: My calls my stuff
Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law
office 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 opportunity to clean or otherwise put the
premises in the condition I intended to leave it in prior to the illegal lockout. 1 want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.
Checked by AVO - www.ayg.com
Version: 2012.0.1869 1 Virus Database: 2092/4606 - Release Date: 11 /09111
1119/2011
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From:
Sent:
To:
Cc:
Subject:
Richard Hill [rhill@richardhil law.com)
Thursday, November 10, 2011 1 :36 PM
'fachcoughlin@hotmail .com'
'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 riverrock
Mr Coughlin - we need to hear from you about getting your stuff out of the house.
It is time to start dealing with reality.
May we please hear fom you??
Rgh
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From:
Sent:
To:
Cc:
Subject:
Richard Hill [rhill@richardhillaw.comj
Thursday, November 10, 20111 :37 PM
'Casey Baker'
FW: 121 River Rock
here's another copy of this email- and there have benn NO BOUNCEBACKS!
---Original Message- ---
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 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
CONFtDENTIAL: ATIORNEY WORK PRODUCT; ATIORNEY-CLIENT PRIVILEGE This e-mail
herein.

t
I
,
,
,
.
,
Richard G. Hill
From:
Sent:
To:
Sunday, November 13, 2011 8:50AM
tkachcoughlin@hotmail.com'
Subject: FW: Reasonable storage etc
mr coughlin - this will acknowledge that you have finally made contact with my office about your
posessions.
1- I have asked that you confine yourself to emails.
Calling TWICE at 11 pm on a Saturday nite (yes, we have captured it) is not really reasonable - even
for you.
2- you have still not told us what you propose to do, how you propose to do it, or even when you
propose to do whatever it is you think that you want to do.
3- do you really think anybody wants your stuff?
ONE MORE TIME -- LET'S GET REASONABLE. LET'S DEAL WITH REALITY.
May we please hear from you??
rgh
-Original Message---
From: cdbaker@richardhillaw.com [mailto:cdbaker@richardhillaw.com1
Sent: Sunday, November 13, 20116:47 AM
Subject: Fw: Reasonable storage etc
> ----Original Message-----
> From: zachcoughlin@hotmail.com <zachcoughlin@hotmail.com>
> To: cdbaker@richardhillaw.com <cdbaker@richardhillaw.com>,
> cdbaker@richardhillaw.com <cdbaker@richardhillaw.com>
> Subject: Reasonable storage etc
> Sent: Nov 12 '11 23:28
>
> Hi Dick and Casey, I wish you guys would respond to my attempts to
> get my stufl ... i imagine you have done an illegal lockout at this
> point probably tryn' get atty fees even though this was not a civil
> action under NRS 69.030 see JCRCP R 3 for bthe 3 distinct types of
> cases in 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
> landlords duty re personal property. But first you guys have to
> respond to my requests to at least let me get the really urgent
> property much less all of it. I mean, dont you want to rent the place
> out should a duty to mijigate be applied towards your client? Of
> course should the stay be granted, i would need you to get everything
> ready for me quickly so my high stakes law practice doesnt incur even
> more consequential damages ... matsoyacick for your mitig duty ... lease
> provide me written notice of when you agree to quij illegally holding
> my personalty if that what you are up to now ... . you now landlord
> 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?
2

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Richard G. Hill
From: Richard Hill (rhill@richardhillaw.comJ
Sent: Sunday, November 13, 20119:11 AM
To: 'zachcoughlin@hotmai l.com'
Subject: RE: Should i continue copying your associate
mr coughlin - why would you wont 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 ST A L KIN Gm
clean up you act & move on - NOW
From: zachcoughlin@hotmall.com [mal1to:zachcoughlin@hotmall,com]
Sent: Saturday, November 12, 201111:34 PM
To! cdbaker@richardhfllaw,com; rhlll@richardhillaw,com
Subject: Should i continue copying your associate
rage I VI I
On correspondence 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 atty, 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 little involved ...
11113/201 1

,
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,
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Richard G. Hill
From:
Sent:
To:
Subject:
Mr. Coughlin
Wednesday, November 16, 2011 5:55AM
'zachcoughlin@hotmail.com'
River rock, etc
1 stay away from my office, me & my staff
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 property 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 stuff out and you pay the money owed per nrs 118A.460.
PLEASE TRY TO CONTROL YOURSELF & DEAL WITH REALITY
Rgh
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEYCLlENT PRIVILEGE This email
may contain legally privi leged or confidential information. If you are not the intended recipient , please
herein.
,
Richard G. Hill
From: Richard Hill (rhill@richardhillaw.com}
Sent: Thursday. November 17, 20113:11 PM
Subject: RE: FILING READY SANCTION MOTION ATIACHED; DEMAND FOR RETURN OF PROPERTY
Mr. Coughlin - your emails below ore so full of outright lies and misstatements. that it Is
impossible to address them all and tough to figure out where to start.
1- we both Rnow that the reason you were not responding to my emalls about getting your
stuff out is because you were ensconced in the basement for almost two weem & 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 actually
called & when. please be sure to preserve all evidence.) the fact Is, I was emalling you & you
were not responding. you now bear the consequences of your foolish decisions.
2- you had ample time to get your stuff out after you were apprised that you were going to
actually be locloed out. you had a weeR, but did nothing.
your reference to 10 minutes is just nonsense. you chose to use the time you had to get younelf
rat holed In the basement. rather than deal with reality and get your stuff out.
3- the form you slid through the mail slot last night cahllenegs the landlords "LIEN." please
10010 at your form and the statute, NRS 118A.460, ACAIN. It controls, whether you lihe It or
not.
4- you can get your possessions out ANYTIME. BUT ONLV ON THE FOLlOWINC
CONDITIONS,
a- you owe & must pay, In cash, $30 per day ($900/30 $30)startlng November 1, 2011, for
storage. there Is no requirement that we move your stuff. you plcR the date and pay through
that date - BEFORE you get yourstuff. 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 for more than just leaving it
where YOU LEFT IT. we are mitigating your damage1, and actually mORing it cheaper for you
to get your stuff released from the statutory lien.
b- because of your repeated breaR-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
(your valuable possessions). that price does not Include the basement door that VJOS de1troyed
in the process of getting you out when you were arrested. but, If you pay the other related
cosh, we will recommend that Dr. Merlin waive the damaged door.
c- you will NOT be allowed to taRe your computers & drugs and leave all 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 manpD!.Ver to get
substantially everything out In one day. we suggest that means a u-haul, or something similar,
and some manpower to assist. we MAV be willing to allow you more time, depending on your
deportment your sincerity and your efforts. to date, you hove been sorely laeRing on all fronts.
if you VJOnt to maRe a proposal, put it in an email & send It bocR.
however, please I:leep It real . you are not in control - on many levels.
5- we thlnR that you are correct, the justice's court award of costs should be vacated.
we will prepare a stipulation & forward it to you electronically. please confirm that you will
11 / 17/ 2011

"f,'" .. '" ';f
sign & return the original. that would be a good step on the road to sincerity.
6 - PLEASE STOP THE VULGARITY WITH MY STAFF. there I. no excu.e for abu.lng other people, it I.
not your right. the more difficutt you maRe things, the more difficult things will be.
7 - so we are all cleao UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION FROM ME,
YOU ARE NOT TO BE ON THE PROPERTY FOR ANV REA50N. plea.e .ee NR5 22.020.
rgh
From: Zach Coughlin [mailto:zachooughlin@hotmail.oom)
Subject: FILING READY SANCITON MonON AlTACHED; DEMAND FOR REnJRN Of PROPERTY
MERLISS V. COUGHLIN REV 2011-001708
MonON FOR SANCITONS
ERVE AS A RLING READY MOnON FOR SANCITONS RELATED TO THE IMPERMISSIBLE AND LEGALLY
UNSUPPORTABLE REQUEST BY BAKER AND HILL ON BEHALF OF THEIR CLIENT MERLISS FOR AlTORNEYS FEES
IN JUSTICE COURT FOR A NON CIVIL ACITON MATTER, SEE NRS 69.030 AND JCRCP RULE 3 AND THE LAW AND
ARGUMENT DETAILED HEREIN ..
RICHARD HILL, YOU HAVE MY WALUET AND MY CELL PHONE AND MY HARD DRIVES, CLIENT FILES, LAPTOPS,
DESKTOP COMPlITERS AND OTHER PERSONAL PROPERTY IN YOUR CONTROL AT 121 RIVER ROCK ST RENO
NEVADA 89501. I DEMAND YOU ALLOW ME TO ACCESS IT. I WAS NEVER PROVIDED THE 10 MINUTES TO GRAB
MY STUFF BEFORE ANY ILLEGAL OR LEGAL LOCKOUT WAS PUT IN PLACE.
Dear Ricbard and Casey,
Tbis is not a joke. J bave written and called and made requests for a time and place to get my property. It seems tbat
you are perbaps trying to run up some impermissible "storage fees". 1 want to get my stuff. or supreme importance is
getting my client fiies, bard drives, laptops, computers, printers, scanners, etc .... Please do not invade my privacy or any
or tbe 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 cboosing to threaten to bave me arrested for tbe most dubious of reasons. I represent
poor people for peanuts, not Beverly Hills High School graduate Neurosurgeons who can afford to blow SlOK on
seeking summary evictions despite a clear demonstration of a retaliatory motive on their part, established in emaisl,
pbotos, and videos.
I will be availabe whenever and wherever, Just lei me know when I can get my stuff. Any days for wbich 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 tbe properly to remove my stuff. Please do not destroy or fail to account for any returned (0 sender
or otherwise "undeliverable" messages you may have received for any emails sent to my address. A (ailure to do so on
your part is tantamount to fraud, in my opinton. Mr. Baker, if you have alleged proof of my receipt of any such
correspondences from you or Mr. Hill, please provide proofthereof, and further attest that neitber you nor Mr. Hill
received any sucb return to sender communication. I have previously indicated to you tbat I do not consent to your
attempts to speed up what is already a "warp speed" process througb your Impermissible attempts to "serve" me
notice of anything electronically, as I do not consent to such service.
I do bowever, bereby 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 tbis address
for that purpose only. .
11 / 1712011

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 li en is owing prior to any success, access, please specify, in
itemized detail suc h a li en, the legal basis for such a demand, and all other pertinent information In that regard.
Further,
Sincerely,
Zach Coughlin
I SEND YOU A WRITTEN CORRESPONDENCE TO YOU E-ALERS ON 11 12 11, WHICH READ:
11/ 12/11
zachcoughlin@hotmaiJ.com
HI Dick and Casey, I wish you guys would respond to my attempts to get my stuff .. .! imagine you have done an
illegal lockout at this point probably tryn' get atty fees even though this was not a civil action under NRS 69.030
see JCRCP R 3 for bthe 3 distinct types of cases in 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 landlords duty re personal property. But first you guys have to respond to my requests to at least
let me get the really urgent property much less all of it. I mean, dont you want to rent the place out should a duty
to mitigate be applied towards your client? Of course should the stay be granted, I would need you to get
everything ready for me quickly so my high stakes law practice doesnt incur even more consequential
damages ... matsoyaclck for your mitig duty .. lease provide me written notice of when you agree to quit Illegally
holdi ng my personalty If that what you are up to now .... you now landlord 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?"
Further, the undersigned sent a written correspondence to Baker and Hill on approximately November 12th
wherein a "litigation hold noticed" was placed upon Baker and Hili respecting whether any such emails Hill
allegedly sent the undersigned were returned to Hill as undeliverable. Regardless, the undersigned can attest that
no emails such as those reference by casey Baker were received from Richard Hill as of November 12th, 2011.
Hili and Baker have been negligent in allowing an attorney access to Important client flies, and further have
potentially broken the law with regard to making written statements that they were billing the full $900 rental
value of the property to the underSigned, even after any eviction they sought to enforce, perhpas even through an
illegal lockout, depending upon the interpreation of the term "receipt" of any such lockout order within "24
hours" ... whether that is "judicial hours" or not is debatable.
Merliss v COughlin rev 2011 -001708
CHAPTER 69 - COSTS
NRS 69.030 Prevailing party allowed attorney's fee to be taxed as costs In justice court.NRS
69.040 Costs must be Included In judgment; cost bill; motion to retax msts.
11 /1712011
rage .. OJ '::J
NRS 69.050 Award of costs to prevailing party by district court on appeal from justice court.
1. The justice may In all cases require a deposit of money to cover costs of court before Issuing
the summons.
corporation, upon motion of the opposite party at any time before final judgment such nonresident
shall be required to give security for all costs and charges that may be awarded against the
nonresident plaintiff. When such security shall be required from a nonresident plalntiff"all
proceedings in the action shall be stayed until an undertaking executed by two or more persons and
approved by the justice shall be filed with the justice to the effect that they will pay such costs and
charges as may be awarded against such nonresident plaintiff by judgment or during the progress of
the action. The undertaking shall be In a sum not less than $100, or In lieu of the undertaking the
nonresident plaintiff may deposit $100 In lawful money with the justice, which shall be held subject
to the conditions mentioned in this section for the undertaking. When such security shall be ordered
from a nonresident plaintiff, It shall be furnished within 30 days from notice of the order, or upon
failure to furnish such security, judgment shall be entered for the defendant.
3. A new or additional undertaking or deposit of cash may be ordered by the justice at any time
upon proof that the original undertaking or deposit is Insufficient and proceedings stayed for a
nonresident plaintiff until the same be furnished or judgment entered. After the lapse of 30 days
from notice to a nonresident plaintiff that security has been ordered as required by this subsection
and upon proof that no such undertaking or deposit of cash has been made, the Justice shall enter
judgment against such plaintiff.
[1911 CPA 870, A 1917, 424; NCL 9359]
NRS 69.020 Prevailing party entitled to costs. The prevailing party In justice courts Is entitted to
costs of the action, and also of any proceedings taken In aid of an execution issued upon any
judgment recovered therein.
[1911 CPA 871; RL 5813; NCL 9360]
NRS 69.030 Prevailing party allowed attorney's fee to be taxed as costs In justice court. The
prevailing party in any civil action at law in the justice coutts of this State shall receive, In
addition to the costs of court as now allowed by law, a reasonable attorney fee. The attorney fee
shall be fixed by the Justice and taxed as costs against the losing party.
[Part 1911 CPA 872; A 1921, 89; 1925,331; 1937, 30; 1931 NCL 9361]
NRS 69.040 Costs must be Induded in judgment; cost bllli motion to relax costs.
1. The justice must tax and Indude In the judgment the costs allowed by law to the prevailing
party.
2. The party In whose favor judgment is rendered and who claims costs must deliver to the
justice, and serve a copy upon the adverse party, within 2 days after the verdict" or notice of the
decision of the justice, or such further time as may be granted, a memorandum of the Items of the
costs and necessary disbursements in the action, which memorandum must be verified by the oath
of the party or the party's attorney or agent or by the derk. of the party's attorney, stating that to the
best of his or her knowledge and belief the Items are correct and that the disbursements have been
necessarny incurred In the action. The party In whose favor judgment Is rendered shall be entitled to
recover the witness fees, although at the time the party may not have actually paid them.
3. Issuance or service of subpoena shall not be necessary to entitle the prevailing party to tax as
111171201 1
costs witness fees and mileage, providing that such witnesses be sworn and testify in the cause.
4. It shall not be necessary to embody In the memorandum the fees of the justice, but the justice
shall add the same according to the fees of the justice fixed by statute.
5. Within 2 days after service of a copy of the memorandum, the adverse party may move the
court, upon 2 days' notice to retax and settle the costs, a copy of which notice of motion shall be
flied and served upon the prevailing party dalming costs, and thereupon the justice shall settle the
costs.
6. If the judgment 15 entered by default it shall not be necessary to make service of a copy of the
cost bill. .
[1911 CPA 836; A 1913, 364; 1925, 15; NCl 9325]
NRS 69.050 Award of costs to prevalling party by dlSbict court on appeal from justice court. In
the event of an appeal, the district court is authorized to award to the prevailing party all costs of
court as now allowed by law Incurred by such party, and also a reasonable attorney fee to be fixed
and allowed by the district court for all services rendered in behalf of the prevailing party.
[Part 1911 CPA 872; A 1921, 89; 1925,331; 1937, 30; 1931 NCL 9361]
Justice Court Rutes of Civil Procedure
BiI .llntroductlon--Scope of Rules--Three Forms of Action
.. RULE 2. THREE FORMS OF ACTIONS
Motion to Vacate Summary Eviction Order; Motion to Vacate Award of Fees and Costs; Motion to Vacate Order for
I nspection;
(e) Motion to Alter or Amend a Judgment.
Justice Court Rules of Civil Procedure
!:iii VII Judgment
.. RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(3) Grounds. A new trial may be granted to all or any of the parties and on all or part of the Issues for
any of the following causes or grounds materially affecting the substantial rights of an aggrieved
party: (1) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of
the court, or master, or abuse of dlsaetlon by which either party was prevented from having a fair
trial; (2) Misconduct of the jury or prevailing party; (3) Accident or surprise which ordinary prudence
could not have guarded against; (4) Newly discovered evidence material for the party making the
motion which the party could not, with reasonable diligence, have discovered and produced at the
trial; (5) Manifest disregard by the jury of the Instructions of the oourt; (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 tried without a jury, the court may open the judgment If one has been entered, take
additional testimony, amend findings of fact and ooOOuslons of law or make new findings and
conclusions, and direct the entry of a new judgment.
(b) Time for Motion. A motion for a new trtal shall be filed no later than 10 days after service of
11117/2011
written notice of the entry of the judgment.
(c) Time for serving Affidavits. When a motion for new trial Is based upon affidavits they shall be
flied with the motion. The opposing party has 10 days after service within which to file opposing
affidavits, which period may be extended for an additional period not exceeding 20 days either by
the court for good cause shown or by the parties by written stipulation. The court may permit reply
affidavits.
(d) On Court's Initiative; Notice; Specifying Grounds. No later than 10 days after entry of judgment
the court, on Its own, may order a new trial for any reason that would justify granting one on a
party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a
timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its
own initiative or for a reason not stated in a motion, the court shall specify the grounds In Its order.
(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be flied no
later than 10 days after service of written notice of entry of the judgment.
CREDIT(S)
As amended, eft. July 1, 2005.
<ADOPTED
BY THE
SUPREME CDURT OF NEVADA>
ADVISORY COMMITTEE'S NOTE,
The 1965 amendment to JCRCP 59(a) deleted ground (7) ("Insuffidency of the evidence to justify
the verdict or other decision, or that it Is against law. ,. See concurring opinion of Thompson, J., in
City of Reno v. Van Ermen, 79 Nev. 369, 385 p.2d 345 (1963).
Justice Court Civil Procedure RULE 59, NV Sf J CTS RCP RULE
There shall be three forms of action In justice courts to be known as" dViI actions," " small dalms
actions" and "summary eviction actions." Rules 3 through 87 govern civil actions. Rules governing
small claims actions begin with Rule 88 and end with Rule 100. Rules governing summary evictions
commence with Rule 101.
) Irregularity in the proceedings of the court, jury, master, or adverse party, or any order of the
court, or master, or abuse of discretion by which either party was prevented from having a fair trial;
11117/201 1
clearly, the court's confiscating tenants bank account, practi cally i n Its entirety for about one month
qualifies, parttcuularty where the BENCH BOOK and nevada law forbids doi ng such. further, an
unnoti ced Order For Insepction at the close of trial and the Impermissible admitting wri tten
settlement negotiati ons in to the record calls for a new trial and vacating the judgment. all thi s was
objected to on the record.
illegal lockout and problems incident thereto cover an untimeliness of an opposition to the motion for fees and
costs.
(6) Excessive damages appearing to have been given under the influence of passion or prej udice; or,
(7) Error i n law occurring at the trial and objected to by the party making the motion. On a motion for a
new trial in an action tried without a j ury, the court may open the judgment if one has been entered, take
additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and
direct the ent ry of a new judgment .
Many errors in law in the Order, particularly Judge Sferrazza saying a white male cannot be discriminated against
in open court. Further the unduly burdensome nature of Judge Sferrazza, essentially, convertlng to the court the
tenants only money In t he world, practically $2275, impermissibly under t he BENCH BOOK and NRS 40.253(6) calls
for a new ''Trial'' and the judgment to be vacated in toto.
There shall be three forms of action in justice courts to be known as " ci vil actions," " small claims
actions" and " summary eviction actions." Rules 3 through 87 govern dvil actions. Rules goveml ng
small claims actions begi n with Rule 88 and end with Rule 100. Rules governing summary evictions
commence with Rule 101. Aftercare of Clark County v. Justice of Las Vegas Tp. ex rei. County of Oark, 82
P.3d 931, 936, 120 Nev. 1, 9 (Nev. Jan 23, 2004) (NO. 38625, 38626)
Clearly, this was a Summary Eviction Proceeding later converted to a Summary Eviction Trial, regardless, it was
not a "Civil Action" as defined under JCRRP 2, an as such NRS 69.030 in Inapplicable and the attomey's fees and
costs should be vacated or stricken. k:, to the costs, the issues Is law of the case or res judiciata (as is the matter
11 / 1712011
of any superseadeas appeal bond being, if any, only $2275, that is If the IFP does not cover such a bond, wlU
arguably, it does .. .. )
A party who prevails on a summary- eviction claim is not entitled to an award of
attorney'sfees where there is neither contractual nor statutory authority for an award.
[FN2J A prevailing party may be awarded attorney's fees pursuant to a lease provision.[ FN3J
However, It has been held that a trial court's statutory authority to award attorney's fees
incurred by a lessor in a successful forcible-detainer action could not be expanded by the lease
where the statute did not authorize attorney's fee awards.[ FN4J
[FN1J Keal v. Day, 164 OhiQ App. 3d 21, 200S-0hiQ-S551, 840 N.E.2d 1139 (1st Dist.
Hamilton County 2005).
[FN2J Hamilton v. William Calomiris Inv. Corp., Inc., 461 A.2d 466 (D.C. 1983); Satellite
Gateway Communications, Inc. v. Musi Dining Car Co., Inc., 110 N.J. 280, s4Q A.2d 1267
(1988); H-T Enterprises v. Antelope Creek Bison Ranch, 2005 ND 71, 694 N.W.2d 691
(N.D. 2005); City of Gahanna v. Eastgate Properties, Inc., 36 Ohio St. 3d 65, 521 N.E.2d
814 (1988) .
LlliJl Tufco. Inc. v. Pacific Environmental Corp .. 113 P.3d 668 (Alaska 2005); North
Associates v. Beil. 184 Cal. App. 3d 860, 229 Cal. Rptr. 305 (1st Dist. 1986); Integra
Financial, Inc. v. Grynberg Petroleum Co., 74 P.3d 347 (Colo. Ct. App. 2Q02) (recognizing
the rule); HardWick, Cook & Co. v. 3379 Peachtree, Ltd., 184 Ga. App. 822, 363 S.E.2d 31
(1987); Shlpka v. Inserra, 211 III. App. 3d 735, 156 III. Dec. 128, 570 N.E.2d 604 (1st
Dist. 1991); Borne v. Wilander, 509 So. 2d 572 (La. Ct. App. 3d Cir. 1987); Bay Park One
Co. v. Crosby, 109 Misc. 2d 47, 442 N.Y.S.2d 837 (App. Term 1981); Keal v. Day, 164
Ohio ApD. 3d 21, 200s-0hio-ss51, 840 N.E.2d 1139 (1st Dist. Hamilton County 2005);
Desmarais v. The Stayers, Inc., 182 Or. ADP. 338, 51 P.3d 1 (2002); M H 2 Co. v. Hwang,
104 Wash. App. 680, 16 P.3d 1272 (Div. 3 2001),
[FN4J Camelback Plaza Development. L.c. v. Hard Rock Cafe Intern. (Phoeni x), Inc .. 200 Ariz.
206, 25 P.3d 8 (Ct. App. Div. 1 2001) .
conclusion:
11117/2011
ntge 'j OJ ':J
As such the undersigned herein requests and emergency order allowing the undersigned to at
least obtain such exigent materials as his wallet, hard drives, computers, laptops, printers,
scanners, and client files and cellular phones from teh 121 River Rock St. 89501 Residence in
addition to an order setting aside th recent Impermissible award of attorneys fees.
151 ZACH COUGHLIN ELECTRONICALLY SIGNED
Zach Coughlin
Zach Coughlin, Esq.
121 River Rock St.
Reno, NV 8950]
7753388118
Licensed in Nevada
Notice This message and accompanying documenls are covered by the electronic Communications Privacy Act, 18
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not a waiver of any work product, or other .
11 /17/2011
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Richard G. Hill
From: Richard Hill (mill@richardhillaw.coml
To:
Subject: RE: issues
mr coughlin - for a moment there. i thought that you were gOing to hold it together.
you need to respond to my email of yesterday, which 15 pasted below. It adequately describes
what you need to do and pay. see partagraph 4!!
my offer 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 on unHcensed business.
If you continue the gome that you did not get my emaill, then I thlnR 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 yesteday - posted below,
rgh
Mr. Coughlin - your emalls below are so full of outright lies and misstatements, that It is
impossible to address them all and tough to figure out where to start.
1- we both Rnow that the reason you were not responding to my emalls about getting your
stuff out Is because you were ensconced in the basement for almost two I.A.leeRs & thought we
would never flgure 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, os It should show who you actually
called & when. please be sure to preserve all evidence.) the fact Is, I was emaillng you & you
were not responding. you now bear the consequences of your foolish decisions.
2- you had ample time to get your stuff out after you were apprised that you were going to
actually be locRed out. you hod a weeR, but did nothing.
your reference to 10 minutes is just nonsense. you chose to use the time you had to get yourself
rot holed In the basement, rather than deal reality and get your Ituff out.
3- the fo"" you Ilid through the maliliot lalt night cahllenegl the landlord'l "LIEN: please
looR at your form and the Itatute, NRS 118A.460, ACAIN. it controll, whether you liRe it or
not
4- you can get your poslOlllons out ANVTIME. BUT ONLY ON THE FOLLOW INC
CONDITIONS,
a- you owe & must pay, in cosh, $30 per day ($900/30 $30)starting November 1. 2011, for
storage. there Is no requirement that we move your stuff. you plcR the date and pay through
that dote - BEFORE you get your Ituff. LOOK AT THE STATUTE!
yes, we could pay $2,000 to move your hoard of goods Into a storage fadlity.
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 maRlng it cheaper for you
to get your stuff released from the statutory lien.
11118/2011
b- because of your repeated breat?-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( your valuable
possessions). that price does not Indude 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 tal:?e your computers & drugs and leave all 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 abiltty and adequate manpower to get substantially
everything out in one day. we suggest that means a u-haul. or something similar. and some
manpower to assist. we MAY be willing to al low you more time. depending on your deportment. your
sincerity and your efforts. to dote. you have been sorely ladling on all fronts.
if you wont to mat?e a proposal. put it in on email & send it bacR.
however. please beep it real. you are not in control on many levels.
5- we thinR that you are correct. the justice's court award of cets should be vacated.
we will prepare a stipulation & forward it to you electronically. please confirm that you will sign &
return the original. that would be a good step on the road to sincerity.
6 - PLEASE STOP THE VULGARITV WITH MV STAFF. there i. no excuse for obu.ing other people, it I.
not your right the more difficult you maRe things, the more difficult things will be.
7 - .0 we ore 011 cleor: UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION FROM ME,
YOU ARE NOT TO BE ON THE PROPERTV FOR ANV REASON. pleo.e see NRS 22.020.
rgh
From: Zach Coughlin (mailto:zachcoughlin@hotmail.com]
To: rhill@richardhlllaw.com; cdbaker@richardhtllaw.com
Subject: issues
To the Law Offices of Baker and Hill:
If! owe you or your client money, please just tell me how much. I need to get
my client files. I am sure you can imagine how uncomfortable you would be
if! had ousted you from your office and had crews running in an out, able to
do who knows what with confidential files, hard drves, etc,
I just want my stuff, If you feel lowe something or that you have a lien
please email me an item zed statement and 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
1111812011

this; at this point, I didn't cause Mr. Hill to go over to 121 river rock the other
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 ties
or hard drive or cell phon eo rwallet even from the house made fun of me for
not beng as successful an attorney 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 car the other day in front of 33 st.
lawrence st. after the police told me I would need to pursue a civil tact to get
my stuff and that I should move on .. .I dd but then they pulled me over. There
was an issue, I was told to park my car, I did" Mr. Hill drove by shorty
thereafter probably purely by coincidence .. I was not up to something. I
didn't and don't have my wallet ide, bank card etc, and the police made me
park 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 confirmation that any emal you sent
responding to my requests to get my stuff was not returned undeliverabe to
you? If not, how can I be charged storage or full maret value if you didn't
give me an opportunity to move stuff? further I want to leave the property in
a condition that will benefit 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 and bathroom, i
always intended to get the carpet back as its was if that is what the dr wanted,
but when antonion flooded the kitchen dining room area while tixng the
washer the carpet and padding got wet and moldy and smelled, plus, it is
slumlord carpet no offense. it looked good for a short while, but it has no
density to it and even steam cleaning it and 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 is carpeted now, b
efore t was a dirt hole with insulation fallen in places and cultvating mold.
there is a vapor layor. there is a floor to the attic now, i get it the house
looked great empty, but it lacks shelving and cabinents; and once you start
1111812011
"5" ... v , ..)
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 funny and well written. i just think he finds 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, then i should have gotten to dsability
extensioin thing to stay longer.
also your client seems clueless to the fact that atty fee awards n justice ct are
imted to civil actions .... he should hae been informed 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:
Morelli v. Morelli, 102 Nev. 326, 720 P.2d 704, 706 (1986). i like
neurosurgeons my law school class was full of them once they figured
out lawyers run the world. just kidding.
grudges ask Springgate, that bloodsportin' fencer. okay, maybe a iii of
Tom Hall's "go to a guy's funeral just to make sure he is, in fact, dead
because you felt so antagonicstic to him" bent rubbed off on me a
little bit....just kidding Tom's the best.
should have the right too, but this guy kind of plays dumb when his
own control freak nature (inherent to all doctors, especially
neurosurgeons) and willfullness begin to turn on him, I doubt he was
not aware of the downsides to going the summary route (limited in
what can be ruled on or addressed, no atty fees, etc. etc) but now he
wants to act like its preposterous he is holding a 20K atty
bill? seriously, were my initial repair offers not competely low balling
myself? it was the lack of control and trust issues that got him, not
the costs of the repairs, in my opinion. there are problems with his
retelling of several events, the antonion thing (what if I have
documentation showing antonio agreed there was a problem and set
up an appt to come out and fix the toilet after he had already been out
to examine it?) then the whole darlene green action 3 days 2K redo
11 / 18/2011
"l:>1; J U t .:>
the weeds telling is very flawed, etc etc ... well doc don't get your heart
set on evicting a patent attorney with a legal services background
where the facts are kind of bad on retaliation and habitablity issues,
and also want to get it done n a summary arena, then also want atty
fees, etc, maybe when you save peoOple lives and your work is so
important that level of impatience and self centered ness is
inevitable .... i see where you are gong you feel there is stronger
authorty for getting atty fees on an enforcement theory, so, fine just
give me a bill and a time to get my stuff out of your hair, and I will
consider litigating the hoarder/movng expenses/reasonable storage
issue later reserving my rght to but I don't want to participate in this
further running up a justice court bill over simple stuff .... when i was in
the joint i learned to get in touch with my feminine/conciliatory side
real quick, counselor, and maybe you could do that too to channel the
spirit of settlement? i saw an ad for you guys on that youtube thing
Rich told me about and t made you guys look great! really agressive
and thorough, you guys got a really bad ass cool nickname like "The
Lycan Richard Hill..." or something like that, man, I wish i had a cool
nickname, that sounds like a ferocious middle linebacker or something
"The Lycan" ... thats great...now Rich, you did seem to say some stuff
to me today or yesterday about being a crackhead or something .. the
Irish have struggled and endured through the English making fishing
illegal where surrounded by water and famine (2 million Irish starved
to death between 1848 to 1850) and have endured despite chemical
dependencies issues being rather prevalent, and perhaps more of a
medical issue than a moral failing, so I know you probaby would take
it back if given a chance.
iviieged, attorney work product or exrmpt from disclosure under applicable law. If you are not the intended
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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 appiicable privilege.
11/ 18/20 11
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Rlchard G. Hili
-------_._._----_._------------ ------ - - - ---
From:
Sent:
To:
Zach Coughlin [zachcoughlin@hotmail,comj
Saturday, November 19, 20111:26 AM
Matt Merliss v. Zach Coughlin Rev2011-001708, Department 2
Dear Mr. Hill,
This is a filing ready sanctions motion.
I want to make an initial written statement (and I believe I have already made an across the board
announcement to Baker in a similar vein) that makes clear that 1 will not respond or refute 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 that:
4- you can get your pOllelllons out ANVTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS: ... b- because of your repeated breato-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( your valuable possessions)""
Coo you will NOT be allowed to tal>e your computers & drugs and leave all the rest of the mass
of j unR for us to clean up at the house, you need to cooperate,lt
Mr, Hill , please provide factual support in writing for the extremely inflammatory allegations
you made above. Also, please provide a detailed, itemized receipt from the "contractor" charge
ofSl,060 for "securing the home", As far as I can tell, someone nailed a few S20 pieces of
plywood over the screens on the back porch. Since when does that cost $I,060? Further, you
may well have caused your client to have to defend a wrongful anest lawsuit, including
defamation damages, consequential damages, etc ... AIl for what, so you can continue to bill, bill,
bill? Aren't you embanassed that the associate you are under a duty to supervise attempted to
sneak a $2,275 conversion to your client of an impermissible rent escrow deposit past the court,
while also trying to get about $20K in attorney's fees where there exists absolutely no basis in
fact or law for such an award?
Now for your scandalous statement in your recent email. paragraph 4(c): " you will NOT be
allowed to tal>e your computen & drugs and leave all the ""t of the mass of junto for us to
dean up at the house. you need to cooperate.,II.
What on earth do you mean, sir, by "your computers & drugs'7 Please provide detailed and
specific factual support for your accusation, otherwise, I tal>e your writing to be, essentially,
some sort of extortionate threat to attempt to frame me in some manner by planting "drugs"
of some sort at the residence. Perhaps, this is some last gasp attempt on your port to
manufacture a basis for the attomey fee award your associate BoRer 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 provision related only to those circumstances where a tenant was guilt of
1111912011
manufacturing certain controlled substances at the rental residence.
To me, your IIdrugs" 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 Unlsom sleep aid? Do you mean Vitamins? Because, as I am sure you !:mow, the
tenor of your written comment ImplJes something fairly nefarious and prejudicial. I Rnow, from
reviewing your worR. that you are fairly lazy and not all that adept with research or computers.
Rather, you ~ to be a paper reseller, providing that service to your clients at approximately a
90.000% marh-up. Did you find a prescription for an antibiotic or something and not bother to even
loem up the prescription medication insert Information? How might you have come upon such an
antibiotic,. were you gOing through my personal items In on obsessive and pathetiC, brownshirt worthy,
attempt to find something, anything, to support what has become a fairly pathetic case for you to be
involved In? You are not to violate my privacy or my clients in any way, Mr. Hili. You have
manufactured a phony need to "store" my property In an attempt to try to collect something,
anything for you or your neurosurgeon client by refusing to return my calls or provide an appropriate
written response to my numerous request and attempts to get my personal property. You reach for
ever more far flung support for your tenuous arguments related to some need to llsecure" the
property ... you are doing a great job Insuring I am prevented from getting my property (which includes
important and exigent client files, for which your fallure to provide me access to is reprehensible and
tacRy beyond measure). ..
This recent apparently extortionate and patently false accusation on your part falls In line with the
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 walR-lng on a
public sldewalR, that you "were calling the police and were going to have" Coughlin arrested, again.
Mr. Hill, I realize you did not grow up with the internet and email. However, please realize, if one
sends on email and it is returned to them as undeliverable, It is rather easy to prove that. For instance,
lefs say one adds to their email account.s I4blocRed sender" list the email address of on attomey(s) or
firm VJho continually attempts to circumvent the service requirements of a summary eviction
proceeding and maRe what is already a process that proceeds at warp speed even faster by
continuing to attempt to servke the opposing party electronically or by email, even where the
opposing party was not a registered efiler and continually provided written statements to opposing
counsel that email or other electronic methods of service would not be accepted and were Ineffective
In effecting service of process with respect to any matter, What then? What If there Is roc" solid proof
that such an attorney was added to the "blocRed sender list", and that such proof conclusively shows
not only that the opposing counsel's assertions that he URnO\NS" the other attorney received his emalls,
only further demonstrate the baseless nature of nearly every assertion made by the sold blocRed
sender?
Then, the blod?ed sender loom further ridiculous by attempting to maintain that he didn't ever receive
any "retumed as undeliverable" message upon his attempted emalls to the opposing counsel being
"blocRed", as a consequence of the attorney's email address being added to the "blocRed sender" list.
doesn't he? So, are you stili thinRing you are going to suddenly grasp the complexities of email
communications, litigation hold notices, caching, time stomping, etc?
Mr. Hili, I did not receive any emails
Whot is interesting is that your neurosurgeon client must understand the concept of lIinformed
consent", one would imagine, right? Well, did he give you his infonned consent to bill him SlO.OOO or
so in attomey's fees within a summary eviction proceeding, even where. Nevada law is extremely clear
as to when and where attorney's fees awards are available in Justice Court. and where It Is very well
1111912011
settled blact? letter law that a summary eviction proceeding is not one of those situations where
attorney's fees awards are available? Well. did Dr. Merliss provide you his informed consent? Did you
commit a little "wrong site surgery" of your own there. or is Dr. Merliss feigning a complete and utter
loch of awareness of the .tate of the law in Nevada in that regard? I. Dr. Merllss trotting out hi. 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 undear, I misinterpreted the rules.
I didn't understand" song in dance numerous times while on the witness stand in the Instant case, first
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 a. well a. the broloen window. both habitability issues per se under NRS 119a.29O .... There. gosh
darn it, Dr. Merllss Just "didn't understancf?" because the message was "unclear'. Is Dr Merliss going to
be suing you and your firm someday, because, darn it, somebody Is responsible for the S20K he in
attorney's fees on a summary eviction proceeding that yielded an imminently voidable and vacatable
and and appealable Judgment. especially where it is Justice Court 101 that such actions do
nat allow for attorney'. fee award.? I. Dr. Merllss .Imilarly going to be .uing you alleging that your
negligence In mat?lng false and or negligent statements to a police officer caused an attorney to be
arrested (and all the defamatory and consequential damages stemming therefrom, especially
considering your refusal to allow that attorney to access his client flies, even under exigent
circumstances that you were made aware of numerous times and In numerous ways) and thereby
managed to get Dr. Merllss ensnared in a wrongful arrest suit. a defamation action, etc .. Is this even
more true where the associate you hod and have a duty to supervise 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 seet?ing an arrest for trespassing, much less the more egregious charges
you were overhead Imploring the Officer Carter to file. I am referring to the Reno Police Officer Carter
who also .tated 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 attempts to explain how you were "unclear" until you have him cornered In
some analytical quagmire, at which point he will attempt to change the subject, feign an inability to
discern simple English in a manner that would maRe Sammy Sose responding to steroid questions
blUsh, and just generally embarrass his profession over what does not even amount to an unbelievably
.mall fraction of his yearly salary (liRe say. $500 bucRs to qua.h complaints of moldy insulation
infestation in the rental).
Further, you stated to Officer Corter near the end of the trespassing arrest of November 13
th
, 2011 that
neither you nor anyone from you firm had sent the tenant, Coughlin, anything in writing purporting to
charge Coughlin $900 for rent of the property for 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
property (Including exigent client files) in light of an unspecified, undetailed, unitemized "lien" that
your office a.serted to have over Coughlin'. property. You robbed OffIcer Carter of that vital bit of
information by your statement that no such written communication was sent to Coughlin, either by
you or your office, and in SO maRing such a statement you lied or were extremely negligent in your
response to Officer Carter's question, and thus you, and by extension, your client are liabile for a
wrongful arrest. a defamation daim, etc., etc. Please be sure to obtain from Mr. BaRer copies off all
the correspondence. he has sent Caughlin. particularly tha.e from November 2011 that purport to
charge Caughlin $900 rent for the 121 River Rock St. property for the month of November 2011 and
which refuse to provide Coughlin access to his property or allow Coughlin to remove his property based
upon some unidentified, unitemized "lien" BaRer asserts over Coughlin's property.
Also. please read the Lea.t Agreement for the first time. You will find the Lea.e Agreement I. quite
clear that the rental property may be used for ANY' purpose, including a commercial purpose, such as
a law office, or, say, some other business that my or may not require any of the business licensure
requirements you allude to. I Rnow you 1IJ:?ely will not even read the Lease Agreement a single time,
II I! 912011
rather will ulool:l at the voluminous' stad? of emails propounded by the opposing party purporting to
encapsulate the written correspondence between landlord and tenant" then foil to even sl:lim the
.tacl<, but rather throw a hefty entry onto the billable houn pile (which will not .top you or your
associate from billing for such a review several more times over the next 6 weebs, nor from committing
numerous violation. of )CRCP 11, NR5 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 variety of purposes, including a
commercial one, or a hybrid purpose, such a for a home law office of a solo proprietor.
Further, the Lease Agreement I. clear on the liability of your client for the property damage done by
Creen Action Lawn Service, whom your client made the outlandish assertion was paid over $2,000 to
do the same job of Utal:llng care of the weeds" just 3 days after our client enthusiastically agreed to, In
writing, pay the tenant $300 to IItabe care of the VJeedsIl.
Mr. Hill, you have my phone. Please do not assume any numbers I have called you from are not pay
phones or phones that I borrowed from someone to mabe a call or other such temporary phone
numbers. For now, for the sole purpose of letting me tmow when and how you will allow me to access
and remove my property from 121 River Rocl:l and to establish, itemize, and provide documentation In
support of any lien you claim, you may email me communications to my email on file at
\WJW.nvbar.ot9. Please do not fox me. If you hCNe been faxing me please let me Rnow. Your
conversion of my property has rendered phone and fax communication less reliable than it normally
would be. Further, your conversion of both my wallet and the state Issued identification it contains,
and for which you have been made are of, has made mal:ling the necessary arrangements Involved
with moving, running my life, protecting my dients, helping your client, and just generally doing
anything other than allow you to continue your attomey's fees rain dance and extortionate,
defomatory diatribes, well, rather difficult. So, to be clear, regarding any email. my official
www.nvbar.org email account:.zachcoughlin@hotmail.com. received from your
rhill@rlchardhlllaw.com, I did receive your tVJO emails from 11118/11, one at 6:51 a.m. and one at 2:14 p.m.
Beyond that the only email received from your official email address to mine was your introductory
email of Si16h1 at 4:33 p.m .. to me alerting me to your undertal<ing the representation of Dr. Merll ..
with respect to the matter to which I had already begun to lIinitiate or defend against" vis a vis NRS
1180.510. So, I assure you I will have no problem testifying to, signing an affidavit. or otherwise proving
that I did not receive any email. from your rhlll@rlchardhlllaw.com official email addre .. at anytime
between the lIIegallocl<out on or about November 1 up to the email you sent me on MS/ll at 6:51
a.m.. 50, please adjust your pleadings to reflect that your email address did not successfully transmit
any emails to my email address, and that you do not have any written support for your contentions
that you did receive conflrmatlon 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 emalls from your mlll@richardhlllaw.com address are Included, In their
entirety beiOlN. So, just please email me the time, even anytime this weel:lend, Saturday, Sunday,
whenever, when you will allow me to get my property, including my state Issued Identification, wallet,
client files, computers, hard drives, etc., etc ... Please Include an itemized, detailed statement of any
amounts you believe I must pay prior to your allowing such access, legal support for your tal:llng such
positions, and factual support and documentation, including written assertions that you did not receive
any "returned as undeliverable" emalls 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 matters than to speclflcally address every false allegation you mabe, but
please provide some written and specific documentation in support of your allegations of profanity or
obscenity being uttered In communications with your staff, rather than your malignant hearsay.
Finally, a hint Maybe checl< your "foiled" email folder for Information related to your NRCP 11 duty to
the court with respect to you assertions that you IIJmOW" Illrecelved" your alleged emails in November
11 / 19/20 11
2011. Also 1 ....... , ....................... 1M h_ ............... "LnIGAlION HOLD
NOIIC." with .......... D, ._11, 1M .......... 1_ which I ............ 1 ........ 1ft .....
... ............... ............. ..... I ........ n" .. Iwht h ....... IM '.ece ....... '
....... 1"" .. weN ........... N .................... r.W
As for your emalls.Mr. Hili. I received the following from your email address on file with the State Bar
of Nevada. rhill@rlchardhillaw.com,
From, Richard HIli (rhlll@rlchardhillaw.com)
Sent, T ue Sh6N1 4,33 PM
To: 'Matt Merllss' (magunda@ool.com); zQchcoughlin@hotmaiLcom
mr coughlin - please direct all further communictakms on the river r o ~ property to my office.
rgh
652 for.,t street
renoS9509
From, Rkhard Hili (rhlll@rlchardhlllaw.com)
Sent Frill/1SN1 2<14 PM
To: zochcoughlin@hotmail.com
Mr coughlin - this confirms a voiemail left for you this afternoon. after
you s p o ~ with my receptionist.
She did not report any vulgarity or other In appropriate behavior.
Than!> you.
I have sent you two ernalls In the last 24 hours.
Regards
Rgh
Subject: RE: issues
Date: Fri , 18 Nov 201 1 06:51 :41 -0800
mr coughlin - for a moment there. I thought that you were going to hold together.
you need to r.,pond to my email of yerterday. which Is posted below. it adequately descrlb., what
you need to do and pay. see partagraph 4!!
my offer to retrieve your wallet Is stili open. and it extends to your ' cllent fil.,; even though you hod a
residential lease that did not contemplate you running an unlicensed business.
If you continue the game that you did not get my emalls. 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 yesteday - pasted below.
II1J912011
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 stort.
1- we both Rnow that the reason you were not responding to my emoils about getting your stuff out is
because you were ensconced in the basement for almost two weeRs & thought we would never figure
it out. you have fabricated the part abaut calling or contacting us to get your stuff out. (Please be
sure to save your cell phone bill, as It should show who you actually coiled & when. please be sure to
preserve all evidence.) the fact is, I was emalling you & you were not responding. you now bear the
2- you hod ample time to get your stuff out after you were apprised that you were going to actually
be IceRed out. you had a weeR, 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, rother than deal with reality and get your stuff out.
3- the fonm you slid through the mail slot last night cahllenegs the landlord's "UEN." please 10010
at your form and the statute, NRS 1I8A.460, AGAIN. it controls, whether you liRe it or not
4- you can get your possessions out ANYTIME. BUT ONLV ON THE FOLLOWING CONDITIONS:
0- you owe & must pay, in cash, $30 per day ($900/30 - S30)starting NOIIember 1, 2011, for storage.
there Is no requirement that we mOlle your stuff. you pieR the date and pay through that date -
BEFORE you get your stuff. LOOK AT THE ST ATUlE!
yes, we could pay $2,000 to move your hoard of goods Into a storage fadllty.
however, while the rent might be cheaper, the total would be far more than just leaving it where
'IOU LEFT IT. we are mitigating your damages, and actually maRing It cheaper for you to get your
stuff released from the statutory lien.
b- because of your repeated breoR-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( your valuable
possessions). that price does not Include the basement door that was destroyed in the process of getting
you out when you VJere arrested. but, If you pay the other related costs, we will recommend that Dr.
Merlin waive the damaged door.
c- you will NOT be allowed to taRe your compute" & drugs and leave all the rest of the mass of junR
d- you will need to demonstrate the financial ability and adequate manpower to get substantially
everything out in one day. we suggest that meom a u-haul, or something similar, and some manpower
to assist. we MAV be willing to allow you more time, depending on your deportment, your sincerity
and your efforts. to date, you have been sorely lacRlng on all front<
if you wont to m ~ a proposal, put It In on email & send It boeR.
hov.#ever, please Reep it real. you are not in control - on many levels.
5- we thinR that you ore correct. the justice's court award of costs should be vacated.
retum 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, ~ is
not your right. the more dlfftcult you maRe things, the more difficult things will be.
11 /19/2011
7 - so we are all cleo" UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION FROM ME.
YOU ARE NOT TO BE ON THE PROPERTY FOR ANY REASON. please see NRS 22.020.
rgh
Z8t h Coughlin, Esq.
121 Ri ver Roc: k St.
Reno, NV 89501
1753388118
Licensed in Nevada
Notice" This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 25 J ()"2521, and may contain confidential infonnation intended for the specified individual (5) only. If YOLl are not
the intended recipient or an agent responsible for deli vering 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 taki ng of any action based on the contents
oflhis infonnat ion is strictly prohibited. This messaS. Is confid.nt!al, int.nd.d only for th. nam.d ,.cipi.nt(s) and may
contain information that Is work. product or umtpt from low. If you
not tlw you that any copying, distribution or any action tahn or
to bf' tokm in on tlw Of this information is prohibitf'd and may bf' unlowful. If yoo
this in .rror, or or. not tlw narMd pl.os. notify tM d.l. t. this .-moil from yoor
comput.r, and d.stroy any copl.s in any form irnrnflat.ly. R. c.'pt by anyon. otMr than tlw is
not a walnr of any work. product, or otMr
111191201 1

Richard G. Hill
------ ---_. __ ._----_._-
From: Richard Hill (rhill@richardhtllaw.comJ
To: 'zachcoughUn@hobnail.com'
mr coughlin - thanR you for confirming that you have been receiving my emaJls.
It Is obvious that you are trying to create afalse paper trail.
your IocR of veracity Is \Nell documented.
the Important poinb ore:
1- you RnOW what Is claimed and why.
2- you Rnow what you need to do to get your stuff. It's real simple.
3
a
my offers regarding your wallet & -client papers, remain open.
are you referring to the two small plies of paper on the car seat In the basement?
4- cracR pipe & bag of weed - don't thlnlR they are prescription
time to get real
rgh
_. -------------
-_._-
From: lath Coughlin [mallto:zachcovghlin@hotmall.com]
sent: saturday, November 19, 20111:26 AM
To: rhili@rJchardhiliaw.com
o
Mati Merliss v. lach Coughlin Rev201 1-001708, Departmenl2
Dear Mr. Hili,
This is a filing ready sanctions motion.
I want to make an initial written statement (and I believe 1 have already made an across the board
announcement to Baker in a similar vein) that makes clear that I will not respond or refute 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 that:
4- you can get your possessiOns out ANYTIME, BUT ONLY ON THE FOLLOWING
CONDITIONS: ... b- because of your repeated breal>-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( your valuable possessions) ....
I Iii 91201 I
c- you will NOT be allowed to taRe your computers & drugs and leave all the rest of the mass of junR
for us to clean up at the house. you need to cooperate."
Mr. Hill, please provide factual support in writing for the extremely inflammatory 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 can tell , someone nailed a few $20 pieces of pl ywood over the screens
on the back porch. Since when does that cost $I ,060? Further, you may well have caused your client to
have to defend a wrongful arrest l awsuit, including defamati on damages, consequential damages, etc .. .
All for what, so you can conti nue to bill, bill, bill ? Aren't you embarrassed that the associate you are
under a duty to supervi se attempted to sneak a $2,275 conversion to your cl ient of an impermi ssible rent
escrow deposi t past the court, while al so trying to get about $20K in attorney's fees where there exists
absolutely no basis in fact or law for such an award?
Now for your scandalous statement i n your recent email, paragraph 4(c): ' 'you will NOT be allowed to
taRe your computers & drugs and leave all 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 provide detailed and specific
factual support for your accusation, otherwise, I taRe your writing to be, essentially, some sort of
extortionate threat to attempt to frame me In some manner by planting "drugs" of some sort at the
residence. Perhaps, this is some last gaSP attempt on your part to manufacture a basis for the
attorney fee award your associate BaRer sought, when he cited to an attomey's fees provision in NRS
40, though. at the time, he admitted he was very much unaware that that provision related only to
those circumstances where a tenant was guilt of manufacturing certain controlled substances at the
rental resldence.
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? 00 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 somethlngJairly nefarious and prejudicial. I RnOW, from
reviewing your worR, that you are fairly lazy and not all that adept with research or computers.
Rather. you seem to be a paper reseller, providing that selVice to your clients at approximately a
90.000% marRup. Did you find a prescription for an antibiotic or something and not bother to even
look up the prescription medication Insert information? HOUJ might you have come upon such an
antibiotic. were you going through my personal Items In an obsessive and pathetic, brownshirt worthy,
attempt to find something, anything, to support what has become a fairly pathetiC case for you 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 try to collect something,
anything for you or your neurosurgeon client by refusing to return my calls or provide an appropriate
written response to my numerous request and attempts to get my personal property. You reach for
ever more far flung support for your tenuous arguments related to some need to "secure" the
property ... you are doing a great Job insurlng I am prevented from getting my property (which Includes
important and exigent client files. for which your failure to provide me access to is reprehensible and
tacloy beyond measure).
This recent apparently extortionate and patently false accusation on your part falls In line with the
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 walking on a
public sk:lewalR, that you "were calling the police and VJere gOing to have" Coughlin arrested. again.
Mr. Hill, I realize you did not grow up with the Internet and email. However. please realize, If one
sends an email and it Is returned to them as undeliverable, it Is rather easy to prove that. For instance,
let's soY one adds to their email account's "blocRed sender" list the email address of an attomey(s) or
firm who continually attempts to circumvent the selVice requirements of a summary eviction
proceeding and maRe what Is already a process that proceeds at warp speed even faster by
continuing to attempt to service the opposing party electronically or by email, even where the
opposing party was not a registered efiler and continually provided written statements to opposing
counsel that email or other electronic methods of service would not be accepted and were ineffective
11 /19/20 II
In effecting service of process with respect to any matter. What then? What if there is solid proof
that such an attorney was added to the "blocbed sender list", and that such proof conclusively shows
not only that the opposing counsel 's assertions that he lIt?nows" the other attorney received his emails,
only further demonstrate the baseless nature of nearly every assertion made by the said blocRed
sender?
Then. the blocRed sender loobs further ridiculous by attempting to maintain that he dtdn't ever receive
any "returned as undeliverable" message upon his attempted emails to the opposing counsel being
IIblocRed", as a consequence of the attorney's email address being added to the IIblocRed sender" list.
doesn't he? So, are you stili thlnt?lng you are going to suddenly grasp the complexities of email
communications, litigation hold notices, caching, time stamping, etc?
Mr. Hill. I did not receive any emails
What Is interesting Is that your neurosurgeon client must undentand the concept of "informed
consent", one would imagine. right? Well. did he give you his informed consent to bill him $20,000 or
so in attorney's fees within a summary eviction proceeding, even where, Nevada law is extremely clear
as to when and where attorney's fees awards are available in Justice Court, and where it is very well
settled letter law that a summary eviction proceeding is not one of those situations where
attorney's fees awards are available? Well, did Dr. Merllss provide you his informed consent? Did you
commit a little lCwrong site surgery" of your own there, or Is Dr. Merliss feigning a complete and utter
lact? of awareness of the state of the law in Nevada in that regard? Is Dr. Merliss trotting out his old
standby, llyour communications were unclear, I just didn't understand the content you were conveying
to me, the neurosurgeon ... " Dr. Merliss trotted out the old llyoU were unclear, I miSinterpreted the rules,
I didn't undentand" song in dance numerous times while on the witness stand in the instant case, fint
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 issues per se under NRS 118a.290 .... There. gash
dam It, Or. Merliss just IIdidn't understand?" because the message was lIunclear". Is Or Merllss going to
be suing you and your firm someday, because, dam it, somebody is responsible for the $20K he spent In
attorney's fees on a summary eviction proceeding that yielded an Imminently voidable and vacatable
and amendable and appealable Judgment, especially where It is Justice Court 101 that such actions do
nat allow for attorney's fee awards? Is Dr. Merliss similarly going to be suing you alleging that your
negligence In maRing false and or negligent statements to a police officer caused an attorney to be
arrested (and ail the defamatol)! and consequential damages stemming therefrom, especlaily
considering your refusal to allow that attorney to access his client flies, even under exigent
circumstances that you VJere mode aware of numerous times and In numerous ways) and thereby
managed to get Dr. Merliss ensnared in a wrongful arrest suit. a defamation action, etc .. Is this even
more true where the associate you had and have a duty to supervise did in fact send the tenant a
wrltten statement or blli for rent for $900 for the 121 River Roc;' St property, thereby eviscerating any
eviction as well as any basis for seet?ing an arrest for trespassing, much less the more egregious charges
you were overhead Imploring the Officer Carter to file. I am referring to the Reno Police Officer Carter
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 attempts to explain how you were lIuncleor" until you have him cornered In
some analytical quagmire, at which point he will attempt to change the subject, feign an inability to
discern simple English In a manner that would mal:?e Sammy Sosa responding to steroid questions
blush, and Just generally embarrass his profession over what does not even amount to an unbelievably
smail fraction of his yearly solal)! (liRe say, $500 buc;" to quash complaints of moldy Insulation
infestation In the rentaO.
Further, you stated to Officer Carter near the end of the trespassing arrest of November 13
th
, 2011 that
neither you nor anyone from you firm hod sent the tenant. Coughlin, anything In writing purporting to
charge Coughlin $900 for rent of the property for 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
property (including exigent client flies) In light of an unspecified, undetalled, "lien" thot
11 /1912011
your offlce asserted to have over Coughlin's property. You robbed Officer Carter of that vital bit of
Information by your statement that no such written communication was sent to Coughlin, either by
you or your office, and In so mahlng such a statement you lied or were extremely negligent in your
response to Officer Carter's question, and thus you, and by extension, your client are lIabile for a
wrongful arrest, a defamation claim, etc., etc. Please be sure to obtain from Mr. Baher copies off all
the correspondences he has sent Coughlin, particularly those from November 2011 that purport to
charge Coughlin $900 rent for the 121 River Rod. Sl property for the month of November 2011 and
which refuse to provide Coughlin access to his property or allow Coughlin to remove his property based
upon some unidentified, unltemized lllien
"
BaRer asserts over Coughlin's property.
Also, pleose read the Least Agreement for the lirst time. You will find the Leose Agreement is quite
clear that the rental property may be used for ANV purpose, including a commercial purpose, such as
a Jaw office, or, say, some other business that my or may not require any of the business licensure
requirements you allude to. I hnow you llhely will not even read the Lease Agreement a single tlme,
rather will lliooh at the 'voluminous' stach of emails propounded by the opposing party purporting to
encapsulate the written correspondence between landlord and tenant" then fall to even sRtm the
stacR, but rather throw a hefty entry onto the billable hours pile (which ... 11 not stop yOU or your
associate from billing for such a review several more times over the next 6 weehs, 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 variety of purposes, including a
commerdal one, or a hybrid purpose, such a for a home law office of a solo proprietor.
Further, the Lease Agreement Is clear on the liability of your dlent for the property damage done by
Creen Action Lawn Service, whom your client made the outlandish assertion was paid over S2.000 to
do the same job of ''tahing care of the weeds" just 3 days after our client enthusiastically agreed to, in
writing, pay the tenant $300 to "taRe care of the VJeeds".
Mr. Hill, you have my phone. Please do not assume any numben I have called you from are not pay
phones or phones that I borrowed from someone to maRe a call or other such temporary phone
numbers. For now, for the sole purpose of letting me RrlOW when and hQl"l,/ you will allow me to access
and remove my property from 121 River Rod? and to establish, itemize, and provide documentation in
support of any i ~ n you claim, you may email me communications to my email on file at
VJWW.nvbar.org. Please do not fox me. If you have been faxing me please let me hnow. Your
conversion of my property has rendered phone and fax communication ~ s reliable than It normally
would be. Further, your conversion of both my wallet and the state issued identification It contains,
and for which you hove been made are of. has made maRlng the necessary arrangements Involved
with moving, running my life. protecting my clients. helping your client, and just generally doing
anything other thon allow you to continue your attorney's fees rain dance and extortionate,
defamatory diatribes, well, rather dlfficull So, to be clear, regarding any emalls my official
I.VWw.nvbar.orQ email account. zachcoughlln@hotmaJl.com. received from your
rhlll @rlchardhillaw.com, 1 did receive your two emails from 11/18/11, one at 6:51 a.m. and one at 2:14 p.m.
Beyond that the only email received from your official email address to mine was your Introductory
email of 8/16/11 at 4:33 p.m . to me alerting me to your undertahlng the representation of Dr. Merliss
VJith respect to the matter to which I had already begun to "initiate or defend Q9C1inst" vis a vis NRS
1180.510. So, I assure you I will have no problem testifying to, signing an affidavit. or otherwise proving
that I did not receive any emalls from yOUr rhlll@rlchardhlllaw.com official email address at anytime
between the Illegal loci>out on or about November 1 up to the email you sent me on nnB/11 at 6:51
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 you do not have any written 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 allOVJing me to access to or the ability to remove my property.
Your successfully transmitted emalls from your rhill@richardhillaw.com address are included, in their
entirety below. So, just please email me the time, even anytime this weei>end, Saturday, Sunday,
whenever. when you will allow me to get my property, including my state Issued identification, wallet,
client files, computers. hard drives, etc . etc ... Please Include an itemized, detailed statement of any
1111912011
amounts you believe I must pay prior to your allowing such access, legal support for your taRing such
positions, and factual support and documentation, Including written assertions that you did not receive
any "returned as undeliverable" emalls 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 matters than to spedfically address every false allegation you m a ~ but
please provide some written and specific documentation in support of your allegations of profanity or
obscenity being uttered in communications VJith your staff, rather than your malignant hearsay.
Finally. a hint Maybe cheeR your "failed' email folder for information related to your NRCP 11 duty to
the court with respect to you assertions that you "Rnow" I "received" your alleged emails in November
2011. Also 1 .... , '0 H ..... H ......... h_ .. n ....... on UTIGATlON HOLD
NOTlC. with H ..... nl! ..... " ... h_ H .. I ..... _Ich In .nl/ _1/ In ..... II" .h ..
_I! _.tI, ... h ................ , .......... "mll .. I.h. h_ n .. n ..... "'.111/
... n ........... _ .... ...... H''''''' w, .ntlel ...........
As for your emails.Mr. Hili, I received the following from your email address on file with the State Bar
of Nevada. rhlil@richardhillaw.com:
From: Richard Hill (rhlll@richardhillaw.com)
Sent: T ue 8/16/11 4:33 PM
To: 'Matt Merliss' (mogunda@aol.com);zachcoughlin@hotmail.com
mr coughlin - please direct all further communidaions on the river rocR property to my office.
rgh
652 forest street
reno 89509
From: Richard Hill (rhlll@rlchardhillaw.com)
Sent: Fri M8/112:14 PM
To: zachcoughlin@hotmall.com
Mr coughlin - this confirms a vole mati left for you this aftemoon. after
you spoRe with my receptionist.
She did not report any vulgarity or other In appropriate behavior.
Than!> you.
I have sent you two emails In the last 24 hours.
Regards
Rgh
Subject: RE: issues
Date: Fri, 18 Nov 201106:51:41 0800
mr coughlin - for a moment there, 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 offer to retrieve your wallet is still open, and it extends to your "client files," even though you had a
resJdentiallease that did not contemplate you running an unlicensed business.
if you continue the game that you did not get my emails. then i thin!> that you put the content. 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 yosteday - pasted below.
rgh
1111912011
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 start.
1- we both RT1O\.V 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 figure
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 actually called & when. please be sure to
preserve all eVidence.) the fact Is, I was emalling you & you were not responding. you now bear the
2- you had ample time to get your stuff out after you were apprised that you VJere going to actually
be locRed out you had a weeR, 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 stuff out.
3- the form you through the mail slot last night cahllenegs the landlord's "LIEN." please 10010
at your form and the statute, NRS 118A.460, AGAIN. it controls, whether you liRe it or not.
4- you can get your possessions out ANVTIME, BUT ONLY ON THE FOLLOWINC 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 stuff, LOOK AT THE STATUTE!
however, while the rent might be cheaper, the total would be far more than just leaving it where
YOU LEFf IT. we are mitigating your damages, and actually maRing it cheaper for you to get your
stuff released from the statutory lien.
b- becau5e of your repeated breaR-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 contents( your 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 Or.
Merllss waive the damaged door.
c- you will NOT be allowed to taRe your computers & drugs and leave all the rest of the mass of junR
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 manpovJer
to assist. we MAY be willing to allow you more time, depending on your deportment, your sincerity
and your efforts. to date, you have been sorely on all fronts.
if you want to maRe a proposal, put it in an email & send It bact?
however, please ReeP It real. you are not in control - on many levels.
5- we thlnt? that you are correct, the Justice's court award of costs should be vacated.
retum the original. that would be a good step on the road to sincerity.
6 - PLEASE STOP THE VULCARITY 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 all dear: UNTIL & UNLESS YOU HAVE PRIOR SPECIFIC AUTHORIZATION FROM ME,
YOU ARE NOT TO BE ON THE PROPERTY FOR ANV REASON. please see NRS 22.020.
rgh
Zach Coulhlin, Esq.
111 River Rock St.
Reno, NV 89501
7753388118
Licensed in Neyada
11 /1912011
Notice This message and accompanying documents an: covered by the electronic Communications Privacy ACC, 18
U.S,C. 2S 10-2521, 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 Is int.nd1 only for tM nam.d ripi.nt(s) and may
contain Information that is privif.g.d, work product or from und.r law. If you
not you notifi.d thot any disc/osur., copying, distribution or any Dction tDk.,., or
to tak.,., in on the of this information is prohlblt.d and may M unlawful, If you
this (Muag. In or or. not tM nonwd rKipi.nt(s), pl.as. notIfy s.nd.r, d.l.t. this .-mail from your
camput.r, and d.stroy any in any form irnm.diat.ly. by DnyoM otlwr thGn th. narrwd ,..dpimt(s) is
not D wolv.r of any aUom.y-C/i.nt. work product, or oth.r Dpplicobl.
11119/2011
Richard G. Hill
From:
Sent:
To:
Subject:
Sunday, November 20, 2011 12:45 PM
FW: I dispute any and all debts and supposed verifications
of debts you, your firm or Merliss alleges or have sent me
Mr. Coughlin - you continue to lie.
You & I have spoken several times.
You 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 thousand 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 starting 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 are useable finger prints on the tape.
We'lIlet you know on that.
As before, my offer to get your wallet & files remains open
Rgh
--Original Message-----
From: cdbaker@richardhillaw.com [mailto:cdbaker@richardhillaw.coml
Sent: Sunday, November 20, 2011 7:06 AM
Subject: Fw: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss
> ----Original Message--
> From: Zach Coughlin <zachcoughlin@hotmail.com>
> To: cdbaker@richardhillaw.com
> Subject: I dispute any and all debts and supposed verifications of
> debts you, your firm or Merl iss alleges or have sent me
> Sent: Nov 20 ' 1104:17
>
1
> I dispute them all. Further, I do not believe you ever sent any itemized.
> I just want to get my property. 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
> for the property being there, plus say you are charging for moving
> expenses .... this is ridiculous. I want my property. (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 rt" 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 property. This is getting
> very very low rent from you guys, pathetic really. I didn't make anything
> up about what RPD Officer Carter said. Rich might not like hearing it,
> what Officer Carter said might not be true, Officer Carter may be
> able to explain away why he said that, but I have a feeling you guys
> are going to have a difficult time explaining away this bullshrt
> about a "crack pipe and a bag of weed" and I doubt Hill is paying you
> enough to be on board wrth anyone making fraudulent accusations or planting illicrt materials.
> further, Rich is gloating in writing about reading confidential
> client files and or mail of mine currently at the property, making
> threats to have people arrested for being on sidewalks no where near
> his office (and even that is not a crime, even where RPD tell people
> who aren't Rich they need to "pursue a civil remedy" while treating
> Rich's ridiculous civil stalking accusations as a potentially
> "criminal then pulling people over for mysterious to come to a complete stop
before the white line"
> and other ridiculous reasons. Further, you and your firm are wrthhoiding
> my state issued identifcation, bank cards, 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 am not sure that the rules of professional
> conduct do not apply to either of you.
>
> Zach Coughlin, Esq.
> 121 River Rock St.
> Reno, NV 89501
> 7753388118
> Licensed in Nevada
>
> 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 prohibrted.
> 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
2
> be taken in reliance on the contents of this information is prohibijed
> 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
3
Gaby Reccelle
From:
To:
Sent:
Hilr' <rhill@richardhillaw.com>
"Matt Merliss" <magunda@aol.com>; nGaby Reccelle" <greccelle@richardhillaw.com>
Sunday, November 20. 2011 5:06 PM
Subject: Fwd: I dispute any and all debts and supposed verifications of debts you, your firm or Merliss all eges
or have sent me
RGH
Begin forwarded message:
From: Richard Hill <rhill@richardhillaw,com>
Date: November 20, 2011 5:05: 15 PM PST
To: n<zachcoughlin@hotmail.com>" <zachcoughlin@hotmaiJ.com>
Cc: "<cdbaker@richardhillaw.com>" <cdbaker@richardhiUaw.com>
Subject: Re: I dispute any and all debts and supposed verifications of debts
you, your firm 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 & files, without you
needing to pay first. 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 & are incapable of remorse.
You have yet to deny that it is your intention to leave your former landlord to deal
with thousands of dollars in trash.
Rgh
RGH
On Nov 20, 2011 , at 4:32 PM, Zach Coughlin <zachcQugblin@hotmail.com> wrote:
Okay, no idea what you mean by the "yard sale"
signs, .. Yes, please let me get my wallet, which
includes my state issued identification and my client
files, which you have admitted to going through. Let
me get them at once. Just let me know when and how
1112112011
I can get them. I do not believe 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 every court room we take
this too. You have indicated you won't give me my wallet
or client files without paying some amounts you allege are
owed, some of which you or Baker have classified as rent,
which is rent distraint and has been prohibited by NRS
118A. Regardless, I need those materials immediately its
urgent my clients interests may have already been damaged
by your refusal 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 are not as rich as you
may "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 property
and at least get my wallet/identification, and client files?
Just give me an email and let me know and I will be there.
Sinceiely
Zach Coughin
Zatl! Coughlin, Esq.
121 River Rock St.
Reno, NV 89501
7753388118
Licensed In Nevada
. .
.... Notice' This message and accompanying documents are covered by the electronic
Communications Privacy Act, 18 U.S.C. 25102521, and may contain confidential
infonnatiofl intended for the specified individual (5) 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 re<:eived this document in etTor and that any review, dissemination, copying, or the
taking orany action based on the contents ofthi5 infonnation is strictly prohibited. This
mt',UQ!t' is con/ickntlol, intendrd onfy for nQr7Wd and may contain
information that Is privileged, attomey work product or eUff)t from disclosure under
applicable law. If you are not the intended rtclplent(s) , you are notified thGt any
copying, distribution or any action tahn or omitted to IH tahn in relianCf
on the of this information is prohibftftl and may N unlawful . If you receive this
message in error, or are not the named recipient(s), please notify the s.nder, delete this
r-moll from your computer, and destroy any copiei In any form immediately. Receipt by
anyone other than tM named recipient(s) is not a waiver of any attorney-client, work
11121 /2011
> To: zachcQughlin@hotmail.com
> Subject: FW: I dispute any and all debts and supposed verifications of debts
you, your finn or Merliss alleges or have sent me
> Date: 20 Nov 20 II 12:44:49 -0800
>
> Vmi call & rant at my secretary & then bang up before I can get on the line.
>
> You-will not be allowed to cherry-pick the property & leave us with several
>
> dumpster and throw all the crap in the backyard into it?'?
> I f you wish to do that, as a starting point, and to demonstrate your good
> property.
>
> Nice touch on the "yard sale" signs.
> you know on that.
> .
J
>
>
> Rgh
>
> From: cdbaker@richardhillaw.com[mailto:cdbaker@richardhillaw.com]
> you, your finn or Merliss alleges or have sent me
>
>
>
>
> > From: Zach Coughlin <zachcoughlin@hounail.com>
> > debtS you, your finn or Merliss alleges or have sent me
Sent; Nov20'll 04: 17

IInll2011
> itemized.
> > I just want to get my property. Your lener is stupid. You refuse
> > expenses .. .. this is ridiculous. I want my property. I don't want
> > then 1 want access to my property. Please do not think the old "My
> > very very low rent from you guys, pathetic rea1ly. I didn't make
> anything
> > what Officer Caner said might not be true, Officer Carter may be
> > threats to have people arrested for being on sidewaJks no where near
> > Rich's ridiculous civil stalking accusations as a potentiaJly
> > "criminal matter", then pulling.people for mysterious "failure to
> > and other ridiculous reasons. Further, you and your finn are withholding
> > my state issued identifcation, bank: cards, etc., etc. You might want to
> > gtt pretty hot, and I am not sure that the rules of professional
> > conc\Uct do not apply to either of you.
.
-
> > 121 River Rock St
> > Reno, NV 89501
77.53388118

> > . .. Notice This message and accompanying documents are covered by
> > the electronic Communications Privacy 18 U.s.C. 2510-2521,
> > that any review, pr the taking of any action
> > based on the contents of this infonnationjs strictly prohibited.
> > recipient(s) and may contain infonnation that is privileged, attorney
,;
111211201 I
> > disclosure. copying, distribution or any action taken or omitted to
> > be taken in reliance on the contents of this infonnation is prohibited
> > and may be unlawful . If you receive this message in error, or are not
> > Receipt by anyone other than the named recipienl(s) is not a waiver of
>
. ,
11121/2011
..
.
., .'0:.

, ,
p'
,. ~
,

~
"
10f2
This incident has been reported to the
Reno Police Department
Reno Police Department
455 E. 2nd Street
Reno, NV 89502
775-334-2175
and is pending approval
l .. ,....OwC' url'b'
General Information
Incident Type
Temporary Report Number
Original Report Number
Report Date
Harassment
Tl1007986
Tl1007939
11/19/2011 06:50 AM
Reporting Person Information
Name
Home Address
Home Phone
Email
Employer Name
Work Address
Work Phone
Race
Ethnicity
Sex
DOB
Incident Information
Incident Location
Incident Time (start)
Incident Time (end)
Location Type
Incident Description
Person Information
No 1
hill, richard
760 South arlington Avenue, Reno, NV 89509, US
775-348-0888
rtchard g hill, esq
652 forest Street, reno, NV 89509, US
775-348-0888
White
Not of Hispanic Ortgln
Male
01/22/1952
652 forest Street, Reno, NV 89509
11/19/2011 06:45 AM
11/19/2011 06:45 AM
Office, Office Building
Mr coughlin has sent me an email in which he claims
that officer carter, the rpd officer who arrested him on
Sunday Nov 13,2011, is taking brtbes from me. The
email is way too big to include in this reporting form.
Please let me know how to get it to you.
As i am sure officer carter will tell you, coughlin's
allegations are false.
11119120117,18 AM
Name coughlin, zachary
Employer Name unknown
Home Address unknown, , US
Home Phone 775-229-6737
Email zachcoughlin@hotmall,com
Race White
Resident Status Resident
Sex Male
DOS 09/17/1976
SSN 295-86-4380
Age 35
Height 603
Weight 200
Print This Report Close Window
20f2 11119120117:18AM

EXHIBIT 4
EXHIBIT 4
kn 1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
7
8
9
10 MATT MERLISS;
11 Plaintiff,
l
l
Case No.: REV2011-001708
Dept. No. 2
12 v. )
)
l
j
Defendant.
DECLARATlQN OF CASEY D. BAKER. ESQ,
14
15
16
17
18 CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of
19 perjury avers:
20 1. I am a resident ofthe City of Reno, County of Washoe, State of Nevada,
21 and oven8 years of age. This declaration is based on my personal knowledge, exceptthose
23 This declaration is made in support of plaintiffs Opposition to Motion to Contest Personal
24 Proper.ty Lien; Joinder in Motion to Set Aside or Vacate Attorney Fee Award, and
26 ' 2. I am an attorney duly licensed as such by the State of Nevada to practice
, ,- . LAW ()f"FICE
RICHARD O. HIll.
POIIOIliol80. 2SS1 28
R-. Nt._ 89505
II I
(775) 34a-0888
FIJ<(n5) l'S-Oe5!l
UoWOFFICE
RlCHARO G. !tiLL
1 J am also licensed to practice before the United States District Court for the District of
2 Nevada.
3 3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
4 4. On November 10, 2011, I sent Mr. Coughlin three emails. Attached to ODe
5 of those emails was a letter on my office's letterhead, regarding Mr. Coughlin's debt to Dr.
6 Merliss.
7 4.1. Attached hereto as EXHIBIT 1 are true and correct copies of the
8 just-referenced emails, together with the referenced attachment.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
5. J declare under penalty of- perjury that the foregoing is ttue and correct.
. 1jI .
DATED this )/ day of November, 2011
Poll ora Be. 2551 28
Fiena, H .. MIa 89506
(715) 346<C1&8S

2
EXHIBIT 1
EXHIBIT 1
Casey Baker
From:
Sent:
To:
----- - ------ - ----
Casey Baker [cdbaker@richardhillaw,comJ
Thursday. November 10, 201111 :12AM
Subject: Verification of Your Debt
Attachments: l T Coughlin (verif of debtX11-10-11),pdf
Mr. Coughlin:
Sincerely,
652 Forest Street
Reno, Nevada 89509
Phon" (ns) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhjllaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT: AT'TORNEY-CLiENT PRrvILEGE
Thil tOnl&in kpllyprivikpd or infonnatK.. Iryou re -01 the fntmt:\llt:Cipient, plc:ue do lICIt reid, COJI)', use,or disclose !his
communication 10 AII)'OIIC other than the intndfd rip;enL If)'O\l have lIIis l!1eSuo&e in mot. P'-noIif)' the tender IIKI dotkluhc tmlii
musqc from your l )'Stem. ThInk you.
To enslR complilllU with fUjuimnmts imposed bylhe IRS. we inform)'O\l ttat Iny US. fedoal til .dvice COIIUIlned in llIis communiQl i(ll (including
Iny &ttachmClu) is 1101 inltnded or wmlen CO be UHd.and be used, for eM pUl'jXlle oi(i) 8YoidW\a ptnallics underlhe Incemal RcvmlKCode Of (ii)
promot"" marktlirw or recommendi .. \0 IfIOtherpa;rl), M)' tnnsaction or miller Jdd.wed .... ein.
11 12112011
RICHARD G. HILL
rhfl/@ric:hardhU/aw.CQm
CASeY D. BAKER
cdbaker@rfchardhlllow.wm
SAlLY S. GA1.LAGHER, Leyol Assistant
sgoJlagher@richardhflbw.com
SHERRJ L. HIll., Usa/ Assistant
shlll@richardhlllaw.com
KAREN A NIELSEN, LegoI Assfslont
knfeJsen@rfchordhil/ow.com
652 Forest Street
Reno, Neuada 89509
Reno, Nevada 89505
(77S} 348-0888
FAX (77S} 348-0858
www.rk:hordhU/aw.com
November 10, 2011
COPY BY EMAIL (zachcoughlin@hotmaiJ.CQ!!\l
Zachary Coughlin
Reno, Nevada 89501
Re: Updated Verification of Debt
Mr. Coughlin:
You were originally provided with itemization and verification of your debt
to Dr. Matthew Merliss on August 22, 2011, and then again on October 14. 2011. Enclosed
you will find a copy of an affidavit by Dr. Merliss, verifying and updating the principal
amount of your underlying debt to him as of October 17, 2011. Additional late fees and
charges for your electricity use have attached since that date. In addition to the sums
identified by Dr. Merliss in his affidavit. your debt now also includes fees for storage of your
personal possessions left at the property, which accrue daily at the fair rental value of the
property. Your debt further includes actual costs for inventorying and moving your
possessions from the property. See NRS 118A.460. Those sums will be provided to you
once they have been fixed.
Enclosed you will also find a notice of entry of the court's order awarding costs
and attorney's fees against you. The court's award of cost in the amount of $421.75, and
responsible for those sums. FUrther, as you know, in his Memorandum of Costs and
Disbursements filed on October 27. 2011, Dr. Merliss actually sought $607.24 in costs and
Re: Verification of Debt
November 10. 2011
Page 2 Of2
Merliss will seek recovery of those sums, and all future fees and costs incurred, through the
appropriate channels,
This letter is being sent to your last known address of 121 Rlver Rock Street,
Reno, Nevada 89501, because you have refused to provide us with your current contact
information, despite our mUltiple requests that you do so. We are also still waiting for you
to reply to Mr. Hill's emails about removing your possessions from the property.
Sincerely.
~ \ ~
Casey D. Baker Esq.
Encl.
- Affidavit of Matthew Merliss
- Notice of Entry of Order
Cc: Matthew Merliss
!
I

,
IN THE JUSTICE COURT OF ________ TOWNSHIP
IN AND FOR THE COUNTY OF Washoe , STATE OF NEVADA
Name: . Matthew Mar1ls5
Address: 11791 Ridge Rim Rood
Chico, CA 95928
Phone: cfo R1Chard G, Hl)). Chtd. (775) 348-0888
LandlordlPlalnUff
vs.
CASE NO: ___ _
Name:
DEPT, NO:."'nJ"'a'--___ _
Address:
Phone:
LANDLORD'S AFFIDAVIT/DECLARAOON FOR
SUMMARY EVICTION FOR NON-PAYMENT OF RENT
M"a.,ttM """"w"'M"'e"rt" ls"'s ____ , slate:
1. I am (he landlord or agent of 8 landlord of oertaln dwellings or apartments witkin
tho Jurtsdlction confines of Reno Township, '
Washoe County, Nevada.
2. I ",nled a oertaln dwellJng Of epartment to zaohary Coughlin and MoII .. a Ulloa
Ioc8ted
at 121 River Rock. Reno, Nevada 89503
.........
....-.

Rft
''''''to
1of4

,
.------
on 0310112011
. 20...1Q....... with periodic rental payments reserved by the
month or for a shorter period of time', The following items apply:
-L A. Tenant ""Id a security deposH of _ _
--.L B. Tenant ""Id a deanlng deposH of $,.:500=.00:::... ___ .
C. Tenant ""Id a rent deposit of $,.:0",.0:..0 __ _
.( O.
--.LE.
-LF.
-LG.
--.LH.
I.
The rental payment Is $ 900.00 per monlhfweek.
Date rent was due _____
Date rental payment delinquent ____ .
Length of time wIthout paying rent 139 days as of 10/1711 1 .
- .
TOlfl ,,8,mo.Urtofrentdue$'s.649,99. (includes late fees. paid to
TheNIfWPYl!!iiid 2011
. "'.
Authority. 'i.
The Tenant don receive ,8 subsidy from 8 PubUc HousIng
Authority.
3. That the"periodlc rental payments have not been watved or altered by a written
agreement of any klhd. .
4. That the abovenamed tenant is in arrears on rent and that notice has been
served on the tenant In accordance with the provisions of Nevada Revtsed ,
Statutes, Chapter 40, as amended, a copy of which Notice Is attached hereto and _ .
Incorporated herein.
5. That more than five (5) days have elapsed since the service of the Notloe as
aforesaid, but the above-named tenant has refused, and stili refuses, to vacate , "
,and quit the above-named rental unit ,
WHEREFORE. I pray for an order of thIs .court, directed to the sheriff/ constable of '
. '.. nIlS Township. ordering the tenant the above-
nertleci. rental unIt, as provided for in Nevada Revtaed Statutes, Chapter 40.
20f4
1,' ",'
. '. .. ".
On nla
(Date)
nla
AFFlDIIY!TIDECLARADOM Of SERVICE
, I served the foUowir:"Q document:
(Name of Document)
at the followfng time nla AM I PM and In the following manner:

nla
By deUverlng a copy. to the tenant{a) personally, In the presence of a
witness. (Server. Tonent & WItness Must All SIgn).
nt
n/a.
Signature of" Server Signature of Tenant Signature of Witness
nla nla nla
nl, 2.

Because the tenant(s) were absent from their place of residence or from
their u8ual place of buslne... by leaving a copy with
nla . a person of suitable age and discretion.
at enher place alld mailing a copy to tne lenant(.) at their place of
resktence or place of business, (Attach United States Postal Service
Beciuse the place of residence or buslnel8 could not be ascertained. or 8
POrson of sunable age.or discretion oould not be found tnere. by posting a
copy In a conspicuous place on the proporty. delivering a oopy to a PO'""" .
there residing. if the person could be found, and mailing 8 copy to the
at the placo where the proparty Is .noated. (Attach United State.
Pootal Service Certificate of M8I!1ng).
3of4
,.
,
. .
, swear'the above is tl\.l9. Signature,' _ _____ _______ _
SUBSCRIBED AND SWORN 10 before me this _ day of ___
2OJL.
NOTARY PUBLIC
QB .
DEPUTYCLERK _________________ ___
OR
THE FOLLOWING:
.. , declare under penalty of perjury under the law of the State of Nevada that the
foregoing Is true and corred."
hi 7!J ,20-.iL
5ig
Matthew Merllss
gr, ..
Print Name
4014
e 'J' ", , J ) . 7 , I '.), . .. , b , . .; .. ']
,
NOTARY ACKNOWLEDGMENT
STATEOFCALIFORNlA )
COUNTY OF _ _ _ )SS
On 10272011
Matthew Merliss
before me, Ron Campbell, Notary Public, Personally appeared
who proved to me on the basis of satjsfactory evidence to be the pcrson(s) whose name(s)
is/are subsCribed to the Within instrument and acknowledged to me that helshe/they
executed the same in hislher/their authorized capacity(ies). and that by hislher/tbeir
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
-
gr
UlWOfACf
~ t w t O 0. HILl
1
RICHARD G. HII.l., ESQ.
2 State Bar No. 596
RICHARD G. HII.l., CHARTERED
4 652 For$ Street
Reno, Nevada 89509
5 (775) 348-0888
.,
"
6
7
8
9
10 MATT MERLISS;
11 Plaintiff,
Case No.: REV2011-001708
Dept. No. 2
12 v.
14
15
16
17
18 TO:
19
20
- .
Defendant.
NOTICE OF ENTRY OF ORDER
ZACHARY BARKER COUGHLIN, the above-named defendant.
YOU WILL PLEASE TAKE NOTICE that an Order Awarding Costs and
21 Attorney's Fees was entered on November 9,2011, in the above-entitled matter.
22 A true and correct copy of said Order Awarding Cost and Attorney's Fees is
23 attached hereto as EXHIBIT 1.
24
25
26
27
III
11/
, .
.
I'<II\OIbb2M\ 28
---
III
rmJ:wa-oMI
Fh(7 a):MI-OISe
1
2
oj\,
4 DATED this 10 - day of November, 20U.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
' .
'652 Forest Street
Reno, Nevada 89509
Attorneys for PlaIntIff
. I
-
2 Pursuant to NRCP s(b l, I hereby certify that I am an employee of RICHARD G.
3 HILL, CHARTERED, and that on 2011,1 deposited in the United
4 States mail, a true and correct copy of the foregoing Notice of Entry of Order and a true
5 and correct copy of the Order Awarding Costs and Attorney's Fees, file-stamped
6 November 9, 2011, addressed to:
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Zach Coughlin, Esq.
Reno, Nevada 89501
.

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EXHIBIT NO.
1
.
EXHIBIT INDEX
DESCRlPTION PAGES
Order Awarding Costs and Attorney's Fees 2

,
EXHIBIT 1
EXHI,BIT 1
," -" . ,.' .' l ' ." 7 [
gr

1
2 State Bar No. 596
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888

FILED
11 IlOV - 9 PM 3: I 2
STEVE TUTILE
CQUIllf
-BY 1\-'- U U1#J6
VEPUTY
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IN TIlE JUSTICE COURT OF RENO TOWNSHIP
10 MA IT MERLISS;
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12 v.
Plaintiff,
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Defendant.
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Case N,D.: REV2011-001708
Dept. No. 2
OBDERAWABDINQ COSTS AND ATTORNEY'S FEES
16
17 This matter came on regularly for an evidentiary -bearing pursuant to NRS
18 40.254 and NRS 40.253(6) on October 13. 2011, and continued on October 25, 2011, before
19 the Honorable Peter J . Sferrazza, sitting without a jury. The plaintiff/landlord, Matt
20 Merliss ("Merliss"), having been the prevailing party, is entitled to recover his costs and
21 attorney's fees pursuant to NRS 69.030. See also, Sandy Valley Assocs u. Sky Ranch
22 Estates, 117 Nev. 948, 957, 35 P.2d 964 (2001)' ("Attorney fees may also be awarded as
23 damages in those cases in which a party incurred the fees in recovering real or personal
24 property acquired through the wrongful conduct of the defendant ... "I. Merliss having
25 timely :filed and served his Memorandum of Costs and Disbursements; defendant, Zachary
26 {II
27
, Receded from on other grounds by Horgan u. Felton, '23 Nev. 577. '70 P.3d 982
(2007)
, .

1 Barker Coughlin having failed to timely file and serve any motion to fetax or opposition
2 thereto witb the court in accordance witb NRS 69.040(5); the Court being fully informed
3 in the premises and good cause appearing therefor;
4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that pI aintiffl
5 landlord shall have judgment against and recover of tbe defendant ZACHARY BARKER
.;
6 COUGHLIN costs in the amount of $421.75 and attorney's fees in the amount of $1,500.00,
7 with s u c ~ fees and costs to earn interest at the legal rate from the date hereof until paid.
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DATED this 'if( day o f ~ 2011.
I'iIER Uill.1IIZl
2
I

rage I or I
Casey Baker
---._----- - --------
From: Casey Baker (cdbaker@richardhillaw.com]
Sent : Thursday, November 10, 20111:20 PM
Cc: 'Richard Hill'
Subject : FW: VerifICStion of Your Debt
Mr. Coughlin:
1. You are incorrect regarding the FDCPA.
2. You know you have not left any messages with our office regarding getting your stuff out of the
house, which we can prove.
3. You know that Mr. Hill has sent you numerous emails, which we can prove.
4. If you want documents by mail, you need to provide us with a mailing address. Please do so.
S. Please provide a specific and realistic proposal for getting your possessions out of the property.
Provide your proposal directly to Mr. Hill via email. As you can see, I have copied him on this
message.
6. Your continued gamesmanship will only serve to increase Dr. Merliss' damages, for which you will
ultimately be liable.
7. You are not to enter the property without express prior permission, in advance, from our office.
This email does NOT constitute such permission.
Casey Baker
From: zachcoughlin@hobnail .com [ mailto:zachcoughli n@hotmail.com]
Sent: Thursday, November la, 201112:25 PM
To: Casey Baker
Subject: Re: Verification of Your Debt
You guys are way over the days for providing verification under the FDCPA. Can you say treble
damages? 1 habe not received a single email such as those you refer to from richard hill. I dont
consent to service of anything via email from your shop. I know you want everything to be at
warp speed, but you have to serve me through the mail or same non electronic means. Make sure
rich isnt getting "unnsuccessful email transmission" messages .. . .i can certainly prove i have not
received any such emal ls from Dick. I want my stuff its important client materials etc. You guys
have not returned my messages about that, its wrong to try to charge me rent when you are
ducking me .
.. . - -_ ... - . .. _ .. - _ .. . .. . --- - - - ------ - . _ .. --.-- .- _._. __ ._-----
Version: 2012.0. 1869 1 Virus Database: 2092/4608 - Release Date: 11110111
11118/2011

Casey Baker
_ ... _--_._--- - - --
From: Casey Baker (cdbaker@richardhUlaw.com)
Sent: Thursday, November 10, 20111 :23 PM
Cc: 'Richard Hill'
Mr. Coughlin:
We know you received Mr. Hill's email, below. N e v e ~ e l e s s here is another copy.
Casey Baker
---- -_._------ -_._---
From: RIchard Hill [mailto:rhill@richardhillaw,com]
To: 'zachcoughiln@hotmail.com'
Mr .. Coughlin - receipt of your email below Is admowledged,
- ----
you have not called or emalled me or my office in response to my multiple requests to get
your stuff out of the house. the lien on your property grows daily.
we Rnow you have bremen into the house. we have photos & videos.
therefore, you hnow what the status of the property is.
further. 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 breaching by the
minute.
what do you propose In terms of getting your pommlons out and cleaning the property?? BE
SPECIFIC AND REALISTIC.
you may not be on the property without prior permission - clearly communicated to you IN
ADVANCE- and this Is NOT such a communication.
please confine yourself to email and deal with me on this.
please try to get real.
your gamesmanship is substantial, but both counterproductive and doomed.
as a lawyer, you !:mow that neither on appeal nor a motion for stay affect the operation of a
ludgment
LET'S GET REAL!!!
rgh
11118/2011
------ ------
From: Casey Baker [matlto;cdbaker@richardhillaw.com]
Sent: Wednesday, November 09, 20111:21 PM
To: rhlll@richardhillaw,com
SUbJect: FW: My calls my stuff
-_._-------------------------
From: zachcQughlin@hotmail.com (mallto:zachcoughlin@hotmail.com]
Sent: Wednesday, November 09, 201112:44 PM
To: Casey Baker
Subjed: My calls my stuff
Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law
office 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 opportunity to clean or otherwise put the
premi ses in the condition r intended to leave it in prior to the i1Jegallockout. I want my possessions that
are in the house and all privacy rights respected, There is a motion for stay in district court right now.
- - -- ---- -_. __ ._--_ .. _----------- --------_._---_._---
No virus found in this message,
Version: 2012.0. 1869 / Virus Database: 209214606 - Release Date: 11 /09/11
- - --_.-- - -----
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Version: 2012.0.1869 / Virus Database: 209214606 - Release Date: 11/09/11
1111812011
EXHIBIT 5
EXHIBIT 5
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JUSTICE COURT. TOWNSHIP
COUNTY,NEVADA
Name: )
) CASE NO.:
Landlord, ) DEPT. NO.:
)
- V5-
)
) MOTION TO CONTEST PERSONAL
) PROPERTY LIEN AND FOR RETURN
) OF PERSONAL PROPERTY
Name: )
Address: )
)
Phone: )
Tenant.
COMES NOW, the Tenant in proper person, and pursuant to NRS 40.253(7), files this Motion 10 Contest
Personal Property Lien and For Return of Personal Property. This MOlion is based upon the following:
I. I rented property located at (street address) ,
(city) . Nevada (zi p) and lived there until (dale) ,
20 __ at which time I (check one):
[ ] Abandoned the above-referenced residence; or
[ ] Was evicted from the above-referenced residence; or
[ ] Other (explain):
2. I anempted to remove my personal propelty as follows: (Describe all attempts you made to collect
your property, along with the dales of your attempts, and what happened with respect to each anempt):
3. The Landlord has refused to allow me to remove my property because (Check at least one):
[ 1 The Landlord is demanding that I pay money (explain the reason the Landlord is requesting
money and the amount requested. Anach a copy of any wrinen charges that the Landlord has given to you);
,

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I ] Other (explain):
4. I understand that the Landlord may charge and collect the reasonable and actual COSts of inventory,
moving and storage of my personal property before releasing it to me; I disagree with the Landlord' s refusal to
release my property because:
5. My landlord still has the following items army personal property:
WHEREFORE, I request that the Court enter an order directing the Landlord to release my persona
property upon the payment of such charges, jf any, that the Court delennines are due.
I declare Inder penalty of ptrjny undcr the laws of the Siite ofNey.d_ that the fOTqoing is tnc and tolTte!.
(date) (type or print name) (signature)
ORDER
IT IS HEREBY ORDERED that:
[ ] The foregoing Motion shall be heard on the _ _ day of .20_"
-
M.
in department oflhe Justice Court.
QB
I ] The foregoing Motion is DENIED.
DATED:
JUSTICE Of' THE PEACE
2
------------------------------------------------------------
LAW Of ACE
FUCHARO G. "ILL
2 Pursuantto NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, CHARTERED, and that on the 1.1 &lday of November, 2011, I deposited in the United
5 ofthe foregoing OPPOSITION TO MOTION TO CONTEST PERSONAL PROPERTY LIEN;
6 JOINDER IN MOTION TO SET ASIDE OR VACATE ATTORNEY FEE AWARD to:
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Zach Coughlin, Esq.
Reno, Nevada 89501
12
13 and that on the of November, 2011, I sent a true and correct copy ofthe foregoing
14 OPPOSITION TO MOTION TO CONTEST PERSONAL PROPERTY LIEN; JOINDER IN
15 MOTION TO SET ASIDE OR VACATE ATTORNEY FEE AWARD by email to:
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Zach Coughlin, Esq.
zachcQughlin@hotmail.com
Pol! 011.,. eo. 2551 28

(115) 3-ta-ooaB
F .. (775) 34t!-08St1
-- -- ------------------------------------------------------
I' n"e I of"
II DEC 12 PN I2: IS
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ON T>1I! RENO JUSnu tovI'IT 'N/<HJ THI! COUNTY WA&>IOI!
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''''''' ''''' ,
NO: REV 2011-001708
DEPARTMEI\'T NO.2
STATE OF NEVADA
MA TfHEW MERLISS ACTION: NOTICE TO VACATE
LANDLORD.
v. DEMAND: RESTITUTION OF PREM.ISES
ZACHARY COUGHLI N IN PROPRJA PERSONA
DATE
2011
OCT 6
OCT II
OCT 12
OCT 13
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 17
OCT 18
OCT 18
TENANT.
PR O CEE DI NGS
ATTYI'OR Pur..-nfF.
CASEY BAKER, ESQ.
_s .......
ATTY fOfl DEFENOANT
Motion to Pnxeed in Forma Pauperis filed and submitted. GRAl\'TED per Judge Sferrazza.dss
Tenant's Answer/Affida\' il to 30 Dpy No Cause Eviction & Unlawful Detainer; Motion for
Sanct ions and Attorney'S Counterclaim for Damages filed. Hearing set for OCTOBER
13,2011 at 8:30 AM. Both panies notified by mail. Left message for lenanl. Spoke to
MOliol1lo Continue filed by Tenant SUBMITIED. ks
Landlord's Opposition 10 Tenant's Answer/Affidavit to 30 Day No Cause Eviction: Motion for
Sanct ions and Anomey' s Fees; and Countcl"(laim for Damages filed. cv
Plaintiff, represented by CASEY BAKER. ESQ.
ZACHARY COUGHLIN appeared for a Summary Eviction hearing before Judge
SFERRAZZA.
Hearing held. Tenant's MOlion 10 Continue Denied. ]ftenanl posts rent of52,275.oo by 9:00 am.
Monday ()(:tober 17, 2011 a trial \,;ll be set for OCTOBER 25, 201 \ AT 10:00 am.
If tenant does not post the monies, eviction GRANTED at 9:00 am. October 17. 201 I. Ij
Opposition 10 Emergency Ex Parte Motion filed. cv
Emergency Motion To Stay. Set Aside. Vacate Eviction Hearing Order filed. be
52,275.00 CASH POSted by ZACHARY COUGHLIN. 121 River Rock 51.. Reno, NV. 89501
Opposition to Emergency Motion To Stay Set Aside; Vacale Eviction Hearing Order liled. be
Order for emergency MOlion To Stay Set Aside; Vacate Eviction Hearing DENIED. Be
Lener returned (0 court --Notice of Hearing"lo Greel1 Action Lawn Service.
Motion for Order Requiring Inspection of Real Property Pursuant (0 NJCRCP 34 filed.
Order Shortening lime SUBMllTED. C\ '
Errata To OppoSition To Emergency ]l. IOIion To Slay, Sel Aside. Vacate Eviction Hearing
Page I of4 RJC 201 1-001708
NOV 16
NOV 17
NOV 21
NOV 23
NOV 28
DEC I
DEC 5
DEC 6
DEC 6
DEC 12
Request for Audio Copy Proceedings filed. rw
Judge V.1Illts hearing set. Unable to rea(h tenant. File on counter v.ith the Audio cd for him to
pick up. jJ
Opposition to Motion to Waive Transcript Costs and Deposition Costs and Fees at Public
E;.:pense filed.
Oppositon to Motion to Contest Personal Property Lien; Joinder in Motion to SCI Aside or
Vacate Anorney Fee Award filed.
Motion for Order to Silow Cause filed. dss
Order for Hearing filed.
Motion to Sel Bond and Stay Eviction filed.
Desigmllion of Record and Statement of Points on Appeal and Notice of Intent to File Brief
filed.
AffidavitlDedaration in Suppan of Motion to Contest Personal Properly Lien and for Return
of Personal Propeny filed.
Cenificatc orNo Transcript filed.
N01ice of Appeal filed.
Statement of Proceedings filed.
Notice of Posting and Acceptance ofSupersedeasiCosl Bond on Appeal submil1ed. Dss
Notice of Redaction filed. Jj
Opposition to and Reservation of Right to Oppose on the Merits All Papers Filed or Submiucd
by Defendant on or about November 23. 201 I.jl
Order filed by Judge Peter J Sferrazza. (The Order Awarding Allorney's Fees is VACATED:
This Coun no longer has jurisdiction in this matter with respect to the evietion, since this case
was appealed to the Second Judicial District Coun: it is funber ordered that any olher motions
tbat have been filed v.ith tbe Court sh.al! be stayed until such time as the appeal is decided.)
Opposition to Motion 10 Show Cause; Motion to Vacata and or Sel Aside and or Stay Eviction
OrderlMotion for San(tions filed.
AffidavitlDec!aration in Suppon or Motion to Contest Personal Propenh Lien and for Return
of Personal Propeny filed.
Motion to Conlest Personal Propeny Lien and for Return of Personal Propeny filed.
Order for Hearing field. (Sel for DECEMBER 20, 2011 at 9:45 a.m.)
(Both parties notified by mailing tbis date) ks
Notice of En II')' of Order filed. dss
Received check 11 1422 from Zachary Cougblin payable 10 District Court for appeal fee.jJ
Page40f4 RJC 201 1-001708
Page I of"
II DEC 12 PH 12: IS
IN l>.: M.HO",.1IQ 'N A1C'0II THE eouo<tY OF WMHOII!
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...u. lG.>J. AAGUMENTS 'N """ A ""'0;>0 Oc.EM8li:A &Tl'\ TO BMER ....:l .. l\. AIlE
WCORPoRATtO HOM ... Bv AEfRENCE

PlUSE SET THE HUJlING T>Wl"U,'$ 0c.EM8VI I,T>< 20" flRE $AU:....:l "'-"ING OF
MY PROPERTY ANO FUflTH Eft T!4! RETURN Of PROPERTY NOT SUB.JECT TO THE WEN
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WCORPoRATtO HOM ... Bv AEfRENCE

PlUSE SET THE HUJlING T>Wl"U,'$ 0c.EM8VI I,T>< 20" flRE $AU:....:l "'-"ING OF
MY PROPERTY ANO FUflTH Eft T!4! RETURN Of PROPERTY NOT SUB.JECT TO THE WEN
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{-', OJ
CASES SET fOR IIEARING IN THE CI VIL DEPAR1:\lENT FOR (
TIlE WEEK OF DECEi\'lBER 12. 2011 TIIRU D[CEMIJER 15, 2011 \--" I' '
I
., -t-" F"
Monday- DECEMBER 12, 2011
) ,
I ' ,
8:30 AM
10:ooAM
10:ooAM
1:30 PM
SPECIAL SET SMALL CLAIMS (JS) Rse 2011-841 & 8.\2
2 ST ALKrNOIHARASSMENTS (PL)
RJC 2010-007260 SUMMIT v. ECKLEY (PL)
SMALL CLAIMS CPL)
Tuesday - 13, 2011
8:30AM
10:OOAM
10:00 AM
I
o OSC HRG (')' 1 SUPP PROC HRO (SP)
I OSC HRG (,) I 0 SUPP PROC HRO (PS)
1 ST ALKrNOIHARASSMENTS CPS)
SMALL CLAIMS (PS)
W"dnuday - DECBIDER 20 11
10:00 AM
10:ooAM
1:30 PM
1 ST ALKrNOIHARASSMENTS (DC)
1 esc HRG (s)} Q suep PROC HRG (DC)
SMALL CLAIMS (SP)
- DECEMBER t
8:30AM
1:30AM
RJC 2010-00S68.\ CSN Y. AGUILAR (PS)
SMALL CLAIMS (DC)
,
,
\
1,-1. _
Zach Coughlin, Esq.
817 N. Virginia SI.:2
Reno, NV 89501
T..,I: plt.'ase only communicate in writing
Fax: 949 &67
Law Omec of Richard G. Hill. Esq. and Casey Baker, Esq.
652 forest 5l.
Reno. NV 89503
Dcrember8.2011
As you know. the Court has
9:45 am. Howe,"er. and .
stalUlo,y o 'uujrfmNII in ,'
Contest Personal
untenable situation
your own wrincn .... ords.
R<)<:k which belongs to others.
'1 another h
I
In for December 20th. 2011 at
the hearing (despite the
<)<:curwithin 10 days ofthc liIing of my MOIion To
I . J As such I 8m1cfl in the
will. according 10
121 River
any aftcr any ruling on the MOlion to Contest Pcrsonal Propeny
i by Ihe Reno Justice Court. pursuant to the hearing on Ihat Motion currently 5el for Il ectmbcr
20". 20 11 aj V.m. I FURTHER RESERVE ALL r- IY RIGHTS TO CONTEST OR PURSUE MY
RIGHTS UNDER THE DEFAULTTIlATSHOUlD HAVE BEEN ORDERED AGAINST YOU
PURSUANT TO YOUR FAILUR TO APPEAR ATTIIE NOVEMBER 22ND. 2011 IIEARING
PREVIOUSLY SET IN THIS MATTERAND FURTHER RESERVE ME RIGHTTO SEEK
REDRESS FOR TIlE FACT THAT (ASIDE FROM WHATEVER TIlE NOVEr-IBER 22ND, 2011
HEARING WILL BE DEE1">-IED)TI!E RENO JUSTICE COURT fAILED TO HOLD A HEARING IN
RESPONSE TO 1'.-I Y 1'.IOTION IN C01'. !PLlANCE WITll TI IE SPECIFIC DICTATES FOUND IN
NRS 40253(7)(8). INCLUDll"G. BUT NOT LIMITED TO. !lAVll'G TIlE SIIERIFF AFFECT
SERVICE OF NOTICE OF SUCH !lEARING.
J receiwd your shamdcss lkccmbcr 2. 2011 kucr in Ihemail "Rc: Disposal of personal propeny len at
121 Ri\er R<)<:k. Reno, Nc\ada". I d,spule all contentions or:lllegations it contlins. As I hl"c
iOllsly indicate!.l. Ihough. I am under no !.Iuty to do so. g;"cn >'our prO[lCnsity 10 10 bury thc
truth 111 lies and all the lime sappinJ; that would un should! :Igrcc tu .... Illy COlllCllliollS or
"
dis:lgrccmcnts wilh your au"mpts 10 pr.:J(lire law. You have failed 10 pro\id" any proof of any
"ill' on your pan or any ilenlllalion of charges incurred in re!ation 10 such
inwlIlorying. Funhcr,)'Ilu have been .... 'ed 11 filinW ready NRCP II mOlion incidenl 10 your
pernicious nllemplS 10 include Ihe contr:l"or's bill ofS 1060 (which mcludes an entry for "lixing leak in
the basemenl". somelhin!! for" hieh, there is no rcasonablc ncxus 10 N RS dieltc calling for
reasonable COilS for "inventorying, moving, and Slor:lge). Giwn that yo ... havc already scnl mc " 'rinen
bills and demands for rent. slarting No\'ember !, 20 II (somelhlng for "hieh RIchard Hilllicd to Ihe
RPD OOkers aboul 311he tilTW oflbe alTCst for alleged lrespU5 on November IJth, 20! I,
Officer Carter. RPD. CIC.).
Further. I showed up 10 Ihe heanng pursuant to NRS 40.253(7)-(8). You failed 10. Then: is 1101 issue IS
10 sialeness. bul nllher why a defauhjudgmcnt should nOI hal'c issued in my favor pursuant 10 yo ....
failure 10 appear for Ihe hearinll. Funhc . Ihe 10 days called for in NRS 40.253(7)(8) ([ would eile it
here for you. bUI prefer 10 SCI: tf you can be bolhered 10 Delllally look up and read lhat section for the
lirstl;me all by yoursclO ccnainly are cak ... lalcd in a different way than howen'r il is you came 10 th"
dClenninalion lhal My Motion 10 Conicsi of Novcrnber 16.2011 was "stDI,,",
Further. 85 found on page 2 of your December 2, 2011 lener. "Ihe tcrms and condItions for)'OU to
C11ter ... Dre the salTW as those terms contained in Mr. Hill's email 10 you daled November 25, 2011 .....
So. under NRS 40.253(7)-(8) even your "51a!e argument hold water. I 51ill ha\' e 20 days from
the d31c you provided wriuen itemizalion of your charges 10 mO\'C for another hearing to com cst your
unlawful renl dislraint aucmpt on a commereial business where you filed only a No Nolice of
Eviction (oops!). using a damn fornt. no tess. while billing S20.000 to your client. er. I mC3n to contcst
Tlt E 21 DAY SAFE HARBOR PERIOD IS DUE TO EXPIRE SOON WITH REGARD TO YOUR
MAINTAINING THIS EVICTION UNDER NRS 40.2D DESPITE YOUR EXPRESS WRllTEN
AO:-'IISSION THAT IT INVOLVES ACm.1MERCIAL LEASE AND MERELY A NO CAUSE
NOTICE OF EVICTION/UNLAWFUL DETAINER. TilE LAW IS CLEAR INTIIIS REGARD,
HOLDING TIIAT NO CAUSE EVICTIONS ARE NOT PERMISSIBLE AGAINST CO:-'1MERCIAl
TENAi\TS WHERE FAILURE TO PAY RENT IS NOT ALLEGED. ALERT THE COURT TO
YOUR TRANSGRESSION Y OR PREPARE TO DEFEND AGAINST YOUR
VEXATIOUS TACTIS. FURTHER. PLEASE PROVIDE PROOF THAT YOU RECEIVED YOUR
MD CLIENrs "I:-<FORMEDCONSENT" WITH RESPECTTOTHE VARIOUS RISKS YOU WERE
DR/\GGING ItlM TlIROUGII INC1DE:-"'TTO YOUR "WRONG SITE SURGERY" OF A LEGAL
NATURE. ie. a No Cause E, iClion agalnsl a commcreiallenanl. askinl: for allarney's fees and
runn;n!;: up a S20.000 attorney's btll ""hin a Iype of a Sunlmary r: ... ic lion Proccl'!linJ,l3
lu N RS -10.25). Ihal is indudoo amollilst Ihuse in JUSUl'C Coon tJCRCP J)
thul du nOI allo\\ for a PTl:"Dlilnl: p;!rly a""rd of.1llumey'S
Further. )'00 ha..:, apparently bel;n gi'ing away conlrncrclal prop.:rty of mme. ntcludmg nUlcnals
",lat. . ...! to Ihe busln .. 1"":1100 as 121 R " 'cr Rod St Do yoo ""nl III I!UCS$ "heth .... or no! I
havc a \'ideo tope of anyone ancsting that you did. in fact. give them a manrcss, or do In}1hing clse?
You know. ul"kr Schill you. and your d ient. can be held valuable for tile emire valuc of either
busineiis in danmg.;:s under Ihe wrongful eviction and other tort/contr.lct based theories of reeovery that
will be included in the lawsuit against YOU. ;lS rcsulted In tllc wrongful C"icllon of a seafood
di slribulOr in SehitT. 10 Ihe I u ne of rome $300,000. if memory serves. That may extend to pcrson:!1
liability with respect to your various employees. FURTIIER. YOU ARE ALLEGEDLY BOTII
W1TIIIIOLDlNGAND DENYING " IY ACCESS TO ITEMS MAILED TO ME. MY LAW
PRACTICE. OR MY MATTRESS BUSINESS INTHE UNITED STATES POSTAL SERVICE. A
VIOLATION OF FEDERAL LAW. I DEMAND YOU MAKE THESE ITEMS AVAILABLE TO ME
ATO;-';CE.
You arc nllegedly withholding items addressed to me thut were sent in the United States Mail. Some of
these pittcs of rna il involve imporlanl and ~ i g e l c licnt matters. Additionally. your oflke refused to
return my Stale iss ued drivcr's license for the cntire period between November 15th. through November
22nd. "hich is another criminal law violation. I believe. J do nOI belic,"e you havc any basis for a lien
on Ihese itcms. Funher. you arc withholdinG itcnls of mine that wcre nOI at the propcny at the time of
your illegallockolJl. You ha,c been informed as to what these items are. and I believe: you Jrc guilty of
a criminal law violalion for withholding them. Please make thcm available to me at oncc. Please do
not allempttO nlake phone cans or voice mails 10 me. Please communicate to me only in writing.
Sinccrely,
laeh Coughlin, Esq.
withholding my mail
From: heh Coughlin (zac:hcouQhUoOhotrnall.COO1)
Sent: Thul2/08/ II):2SPM
r 0: Rlch4rd Hil i tdbakerOocllardh,Qaw.CO'T1; shoIOrichardhillaw.com;

Dear Law Oflice 0 f Richard G. I-I ill.
I'age I Qr I
You are allegedly wi thholding items addressed to me that were sent in
(he United States Mail. Some of (hese pieces of mai l involve important
and exigent client matters. Additi onall y, your o llice re fused to return
my slate iss ued driver' s license for the entire period bct\\cen November
151h, through November 22nd, whic h is another cr iminal law violm ion,
I bdicve, I do 11 0t believe you have any basis for a lien on these it ems.
Further. you are withholding items of mine that were n OI althe property
at the t ime of your illegal lockout. YOll have been informed as to \\hat
these items arc, and I belicvc you are guilt y or a criminal law violation
tor wi thholding thcm, Pl ease makc them available 10 me at once.
Please do not [lHempl to make phone calls or voice mai ls to me. Please
cOlmllunicatc to me only in writing.
Sincerel y.
Loch C""lhllft. ['4,
8 L 7 N, VL'1Ilnlll SI. U
Ronu. ,,\;v
'N' 667
III USPTO
N"lln" Th,. ar.I '''II dc>c:ummlS .. co>cred bo.' Ilk: d""ln;JII", Comm""'<al1OIIS 1'0'-"'"
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d Uoy OilY ."Iu Itt 0117 t_ IrntMd"' rtly R,u/pl It y U)'G'I' ol ho' I""" r"" nomld nrdplonlf. j', no'"
w.o;v., 01 on7 O/fom.y,liOnl. w.orl prodll<l . '" olhor "pplkoltl. pri./Io,o.

OCT 18
OCT 18
OCT 19
OCT 19
OCT 19
OCT 19
OCT 20
OCT 20
OCT 24
OCT 25
OCT 25
OCT 26
Received - NOIice of Appeal to District Court. be
Order filed. be
Request For Audio Copy of Proceedings along \Iith a Motion Infonna Pauperis Granted.
Subpoena Duces Tecum Re Hearing issued to RANDY FISHER.
Subpoena Duces Tecum Re Hearing issued to NV Energy.be
Cenificate of Service filed.
Declaration ofeasey D Baker, Esq. Pursuant to NRS 40.254 filed.
NOIice of Entry ofOrdcr filed. be
Notice of Appeal to District Coun filed. dss
Fued Emergency Request for Confereoce Call filed.
Order Shortening Time filed. requiring Inspection of Real Property on Monda)' the 24'"
Of October 20ll at 10:ooAM. be
Emergency Request for Hearing submincd. be
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 witb an Affidavit of Service to Joanne
McMaster, Legal Anistam ON October 20. 2011.jJ
Emergency Demand for Jury Trial and Amended Tenant's AffidavitlAnswer/Counterdaim
filed.
Letter from Tenant regarding using In Fonna Pauperis pleading for Jury Trial fee ofSl60.oo.
Certi ficate of Service filed. ks
Subpoena Duces Tecum Re Hearing filed with due diligence. C,'
Subpoena Duces Tecum Re HearingRandy Fisher served October 19. ZOI1.
Subpoena Duces Tecum Re HearingZach Nash served October 19. 2011.
Affidavit in Support of Motion for Summary Judgment Denyi", Summary E,'ictioniMotion for
Sanctions/Trial Statement filed.
Plaintiff. MA lTHEW MERLISS appeared and represented by CASEY BAKER. ESQ,
Plaintiff' s I " Witness: Denise Tsuda. NV Eoergy - represented by Brandon Barkhufl Esq.
Plaintifi"s 2"" Witness: Manhew Merliss
Defendant's I " Witness: Zachary Coughlio
Defendant 'S Z"" Witness: r.,' IOllhcw Merlin
Plaintiff's Exhibits: A.B.C.D.E.F.G.HJ marked - A - I admitled
Defendant's Exhibits: 1.2.3,4. 5.6.7.S.9 marked - 1-9 admitted
Defendant. ZACHARY COUGHLIN appeared for a Summary EI'ietion hearing before Judge
SFERRAZZA.
Hearing held.
Landlord has met his burden of proof. EVICTION GRANTED effective (ktobel' 31. 2011 at 5:00
pm. Landlord may in 48 hours from today. inspect the property. Order to be rubmined to the
eourt by noon on ThUl'Sday,
Deny request for a Jwy Trial, I'IOt timely. Bail/rent poSted of $1275.00 IIOt to disbursed 01 this
time. Tenant has 10 days 10 appeal and posted rent \\illsuffice as appeal bone!.
Coun finds that there is 00 Defense ofretaliution by the landlord. Tenant's Verbal MotiOrt to Stay.
Oenied.jJ
and DENIED.
PageZof4 RJe 2011'()0170S
OCT 26
OCT 27
OCT 31
NOV I
NOV 2
NOV 3
NOV 7
NOV 7
NOV 8
NOV 8
NOV 9
NOV 10
NOV 16
Ordc.r Inspection of RC'al Property SUBMITffiD and GRANTED. cv
Mcmorandwn orCosts and Disbursements filtd.
Findings of Facl. Conclusions of Law. and Order for Summary Eviction SUBMITrED and
GRANTED. Cv
MOlion 10 SCI Aside and or Slay Eviction OrderlMotion for Sanctions filed. CC'
Emergency Appeal and Motion 10 Stay Eviction filed and SUBMITIED.
Lener requesting last hour orCD filed, ks
Per Judge Sferrazza: This is an ftpP('aI IOthe DistrictCounsoilneeds 10beUllllSferredthere.
,.
MOlion to Stay Lockout and Complaint for ll1egallockout filed. ks
Notice of Hearing filed. (Set for Monday. NOVEMBER 7. 2011 ,,8:30 a.m.)
Notice of Appcallo Disuict COUrt filed.
MOlion for Expedi ted Relief for the Unla .... ful Removal or Exclusion ofw tenant or the
Willful Interruption of Essential filed.
Motion to Release Bond filed,
MOlion to Stay and/or VaCate Order for Summary Eviction filed.
Motion to in Possession or Disabled Tel)ants Only) filed. ks
Returned mail. Not 11$ addressed. dss
Plaintiff, represented by Casey Baker. Esq.
Defendant, Zachary Cougbhlin appeared for a Summary Eviction hearing before Judge
SfelTllZZll.
Hearing held. Dision:
I. Rem deposit 10 be rellmded 10 plaintiffio the amount of $1275.00.
2. Stay denied.
3. Supetdes bond ifstay granted by District Court is 3 times monthly renl or $1700.00. jJ
of Service filed.
Request for Submission of Memorandum of Costs and DisbursemenlS filed. dss
Tenants Opposition to Landlord's Memorandum of Fees and Costs and Tenants Memorandum
Of Fees and COSIS because Sellers does nol prc:clude Anomeys fee SMction awards 10
Anomey Pro Se Litigants where NRCP is in\'olked as il cJe3fly should be Here filed.
MOlion for Sanctions against Merliss and Motion For Sanction against Mer!iss'! Counsel
Al)d Counsel's Law Finn. Personally. Jury Trial Demand filed. tit
Correction of [l)advertent1'. lisstatcment of Law Pursuant to NRPC 3.3 FILED.
Order Awarding Costs and Anomey's Fees SUBMITTED. ks
Order Awarding Costs and Attorney's Fees filed. ks
Affidavit of Service filed. (LANE KARl HARTMAN SCT\'ed NOVEMBER 2. 2011)
Affidavit ofServiee filed.
Order for Prepar1ltion ofTr&n$Cript at Public Expense filed.
MOlion 10 Conlest Penonal Property Lien and for Return of Personal Property & MOlion 10 Set
Aside or Vacate AllY Fee Award filed.
Verified Complaint for Illegal Lockoyt or Utility Shutoff filed. Jj
Motion to Waive Transcript Com at Public Expense and Deposition Costs and Fees filed. ks
SUBMITTED aJlthn:e for this date. j1
Page30f 4 RJC201l-00170S

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\ lltII.t, CQU.ECTlON Of' MCU<T o;()III!I:tl#QrNCI!l ETC
.'11 .'- -:; (;)
1-" "".0,
CASES SIT FOR II EARING IN THE CIVIL DEPARTI\IE1I>'T fOR {
TilE WEEK Of DECEMBER 12. 2011 THRU DECEMBER 1.5. 2011 "",
MontJay- DECEMBER 12,2011
. '
"
8:30AM
10:OOAM
10:OOAM
1:30 PM
SPEClAL SET Sl'o.'IALL CLAIMS (JS) RSC &:
2 STALKTNGIHARASSMENTS (PL)
RJC 2010.Q67260 SUMMIT ' ". ECKLEY (PL)
SMALL CLAI1'o\S (PL)
Tuutb)' - DECEMBER 13, 20 11
8:30AM
10;00 AM
10:00 AM
1:30PM
o OSC BRG (5) I 1 SUPP PROC HRG (SP)
1 OSC IIRG (s) I 0 SUPP PROC HRG CPS)
1 STALKINGIHARASSMENTS (PS)
SMALL CLAIMS (PS)
- DECEl\IBER 201 1
\0:00 AM
!0:00AM
1:)0 PM
I STALKINGIHARASSMENTS (DC)
I OSC HRG (5)./ Q SUP..P PROC HRG ( DC)
CLAIMS (SP)
,
,
Thu rstl ay - DECEMBER 1.5; 2011
8: 30AM
1:30AM
RJC 2010-065684 CSN v" AGUILAR (PS)
SMALL CLAIMS (DC)
\
,
, ' \,
}
.,
,

bch Coughlin, Esq.
817 i\'. Virginia 51. =2
R"no, NV 89501
Td; pl .... se ollly ootllmunicat .. in writing
F ... 949 667 7-'02
Law Office (lfRichllrd G. Ilili. Esq. and Casey B3ker. Esq.
652 Forest St
Reno. NV 89503
Dccember 8. 2011
As you know. lhe Coun lias decided 10 SCI anolher beanns in thai Regard for 20th. 2011 II
9:45 am. the RJC could only SCt the hearing (despite the
within 10 days of the filinll of my Motion To
lien) . As sueh I am left in the
It'i II.,
your own wrinen words, I
Rock which bclotlglto others.
mattress business 1 and
to retract your
point you will. according to
do the same at 121 River
; ,
I on Ihe MOlion [0 Contest Personal Propeny
by the Rello Coun, pursuant to th on that Motion currently sct fo r lJ ecember
20" .1011 a t 9; .... a. lII . I FURTHER RESERVE 1 RIGHTS TO CONTEST OR PURSUE MY
RIGHTS UNDER THE DEFAULT THAT SHOULD ll AVE BEEN ORDERED AGAINST YOU
PURSUANT TO YOUR FAILUR TOAPPEARAT THE NOVEMBER 22ND. 2011 II EARING
PREVIOUSLY SET IN TillS MATTER AND FURTHER RESERVE ME RIGHTTO SEEK
REDRESS FOR THE FACTTIIAT(ASIDE FROM WIIATEVER TIlE NOVEMBER 22ND, lOI I
ilEA RING WILLSE DEE.\IEDJTI1E RENO JUSTICE COURT FAILEDTO 110LD A HEAR[NG [N
RESPONSE TO MY /o.IOTION IN COMPLIANCE WITI I TIlE SPECIFIC DICTATES FOUND IN
i'/RS INCLUDING. AUT NOT LIMITED TO. IIAV[NG TilE SHERIFF AFFECT
SERVICE OF NOTICE OF SUCI I Ilr:ARING.
I cd your 2. 2011 leller in the mail .. Re:Dispo.al ofp..'l'Sunal propeny len Dt
III R" cr Rock. Reno, Jda", I dtspute all C0ll1entl0n. or allegations it COnt3ilU. As I have
pre\jousl)' mdH:a".:d. though. I undcr no dUly 10 do OQ, gl".:n your propcnSlly IU :tttempltO bury lhl:
trolh In and all lhe lime "'ppins .hal woold on me should I 10 my contentions or
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---"1'-

...
Wlndows LIVC HOIm811 Pnnt Mcssage
FW: Disposal of Personal Property at River Rock
rrom: Zach Coughli n (liKhcoughhnClllotmall.com)
Sent: Sun 12{04{1l 1:40 AM
10; stutt!eOwasJ1.ot(ounty.us; ksUlncilClwashoecounty .us; cdbilkerOrW;llardhMlaw.tom
I attacMlell1
L T Coughlm (dllp of per'; DIlly 1'"lh rocl}( 122 11 ).pdf (86.-1 Kill
Page I 01"2
I know what \\as said during the telephone cOllversation, believe me, I
know ve rbatim \\ hat was sai d ... lherc \Vas a conditi on plaecd on gctti ng
my hearing fo r a Ill ot ion 10 relurn personal property. I showed up 10 Ihe
!irst hearing. saw Mr. Sexton therc ... l-lill didn't. I \\ant my recent
cmailed pdf motion to vacate to be fil ed in as an oppos it ion to Hill' s
Motion to show cause, Now I gctthis idiOlic lettcr from Baker. Thc
whole order should be vacate due fO it being a comlllcrciallease and a
no cause cviction notice (t hose arc not allowed. ie no summary eviction
for 110 cali se in commercial leases. period. sce NRS 40.253 adn the nv
supremc court landlord tcnant handbook .. 1 want my hearing whenvcr
wherevcr, why hasn't it bcen shedulcd or set?
t Lo. h C .... uq.
M 11 N. Vlrpnla 51. Wl
Ik ..... NV 8'301
101: 773l.lH HIIH

u..,n,. d In Nrud. USPTO
NUll"," Th .. IIIl<J .h:Um.;n'f"""" .... NII ... C_m"""'.lIo ...
J\c'. III USC H 2S 10-2521. mil)' "",II .. " """r,JentlOl ,,,formlilOCl in ... ."Jcd r.". III< 'r""",fjOO ond" ,J ... I (0)
..,Iy If lUll "'" IlOl. Ilk: ..... ..;'1''' . .,,, ",. an r""I"' .. (or dd''''nnjl ,I 10 the ,nl ."Jo;<! .... ...:,l'ic..,l. Y"" .ro
ho,,.t. 1IOI.,[l1lll thai )"" h.," ".",,'00 thl< .lucWD<1lII11 c......". and tho, In) ]"I."' """II. J,.",mm.llOO. m! .".\he
0( ... , ' ... no .. bbo:d on Ih,,,;o,,,,.,,l< of" Ih,. "'r ....... """ .. Thi. m . .... '. I. con/ldont/al,
Int.ltd.d .. nl, /_ ",,_d ,iplont(s/ <lltd """ c .. ntaln in/ __ rlon u",r" prlvil.,.d, .r_, "'0'*
p.a<lu<t .. r u.mpr from dis"""". und.r appilcabl. 10"'. If you <I" "", (to. Int.ltd.d ,,,Ip/rnr(.), you <lr.
""ri/ I.d chat any dhdo.UT. , copylnl, dl.trlburi"" aT o"y o,rlon lah n or ","llltd to b. lohn In ,./10"' . .. n
11M .""t.ntJ .. /1101. In/ ", __ I, pr .. hlbll .d oltd mo, unlow/ui. 1/,,,,, 1111. m ""j. In . rro" or
a,. ... t 11M n'''''d 'Hlplonl(' ), pI. a nod" .It. ltdor. d.l. t. do "",II/rom )lOll/" comp<ltf, . and
d.ftroy any capl., in any form Imm.dfiltfl y. Roc. 'p. by anyo". aU".' than tho ""m.d Tfc/pl . n. (. ) Is not a
of any a lIorn.yC/I.n. , ..... produ<I, 0' ... ,.." <spplk"bl.
From: ClIbakerOVlric:hardhillaw.com
To:
5ub;ect: Orioosal 01 Pe"sonoll Property al Ibver Rock
Datc: Fn, 2 Dec 201 1 15,<12:39 0800
\Ir. !.'ullllhnn
Re: Re: Disposal of personal propert}' left at 121 Rjver Rock, Reoo, Ncrada
Dccember 2, 2011
Page20f3
Ne\'ertheleSll, Dr, Merliss is slill willing to work wi th you so that >ou can
redeem your property. The terms and conditions for you 10 enter the Ril'er Rock property
and remove your belongings ore the same as those terms contai ned in Mr. liill 's email to
you dated NO\'ember 25. 2011, a copy of which is enclosed hcre"1th, with the following
changes:
\. The final day on which you "ill be allowed to enter onto thc River Rock
property pursuant to this offer is Monday. De<:ember 19, 2011. Subject to your full
compliance wilh all terms of the offer, as modified herein, your right to enter the property
will begin at 9:00 a.m. on the day of )'our choosing, and expire at4:<l5 p.m. that same day.
Your access wi 11 be restricted 10 weekdays, only (i.e. Monda)' through Friday. no weekends),
This is to aommodate the adl'lmce notice required of you, as set forth below.
2. Because you hal'e demonstrnted your inability to proceed truthfully and
in good faith, the payment contemplated in paragraph 1 of Mr. HiIl's email must be
delil"ered to our office by no luter Ihan 24 hOlu's In advance of the dote you wish to begin \0
mOl'e your belongi ngs. Thai payment must include payment for the day on which )'OU
propose to move your things. The daily rate set forth in Mr. Hill's email still applies. In
addition, your p;lyment must include the $1,060 already incurred 10 secure the property
after your repeated break-ins, plus any other sums that may be n u ~ in that regard in
the interim. When you let me know when you "ish to remove your property. I will prol'ide
you "ith a total.
have adequate manpower and vchicular mC'am; to mo"C' your goods. That means a verifiable
reser .. ation or receipt for a Uhaul or si milar vehicle. Given the sheer vol ume of your
belongi ngs, a pic:\..llP truck ,,;11 not beconsklered adequate.
4. All other terms of 1'>11'. Hill's email, enclosed herewi th, remain the same.
That inc1ude5 the signaturcs of you and your agents, as described in that email. Those
signatures must also be delivered althe same time as your payment and proof of vehicle
arrangements.
] f rou hal'C not made appropriat e nrrangements with our office, and removed
your \hi ngs by :'londay, Dember 19, 20 II. I)r. ;" ]erliss "ill disposeof all personal property
left on the premisessometimeafter that date. We anticipate that I hose items with sufficient
I'alue to justify processing will be sold at a "yard sale" type proceeding. Those items ,,' ithout
sufficient ,'n luI' will simply be disca rded. Dr. ;\(erliss I,in likely crlodit bid on some items.
Letter to Z<lchary Coughlin
Re: Re: Disposal of personal property left at 121 Ril'er Rock, Reno. Nel'lld:l
Dember 2. 2-011
Page2of3
In the meantime, you do 1121 have permission to go on the River
Rock property, (or il.!:!X reason.
n is up to you how you ,.ish to proceed. May we please hear from you?
Sincerely.
q,-;;{:i!:::
End
- NRS 118A.460
- Email dated November 25. 2011
Cc: Dr. Merliss
I;
i'rintoed on: 12/212011 Page II l
1'o' RS for dr.p .... l of l"rionol prop.trlJ .b.nduod or ldt pr.mI .....
I . The londlo.d"'"1 dispos. of ptroonal p'<>prn), . bondoned on the p<<mIIn fonner or len on IIw:
purnis ... f, .... of <he I<lWlI ... ,1Irou1 inc"""" CIVIl or cltlllinalliobibl)' 1111110 folio""", .... .......,
(oj The IaIIdlcmIIIralI .. UOIDbly "",VId. f ... <he iI ...... of lire I*optny lot JO days .n. ..... abaador .. w",
..... I<IOOD ... lbe ,lid of .... uDlaI ptnocl and ... y &rid COn.e1 lire u ....... ble aod tcNal COlli ol ;">'fftIO<y.
""";I\i and $Ion,. bofo,," .. l ."nlllw: proprny 10 Ihc I ........... hr_ OT Irt, ""rlIor<Ud 'OP..,""IO" IlJlr!tully
01.,,,,,,,, tho prop,ny within thol p<"od, Tho londlol is h.bl. to ,n. only for tire IIndlo.<!'1 ."hi,n! 01
wrorrafulaou ill the propnlY,
(b) Af\c. 1M upomicm of .... lCklay period, the landlord ... y diopose of d .. propmy >Od lOCO." bas or hrr
",uoll>b\c cos .. OW or tbr p<operty or IIw VI"" ,brreof If dw Iurdlord hu mode ",_Ie ,1r0l\l 10 Iac_ 1Iw
It"anl. h.u ...... r.od rlrc ill .."t ... of Iw Of t.... I<IrmtIOII 10 d_ ollirt pI'optft)I and la cloys ho.e .lapsed
,III the nolie, WIU I'V'" 10 In. lrlWll. Tht lIO,k. ITAIII be ... itN 10 Ihc .J the 1<1WIt'J P"''''"I oddn: .. , and if
,hot oddt ... is onkno" .... ""'" or Ihr "lWII's lui kno>"" addr ... .
(e) V.hioClq '""" be di.pOsod of irt tbr rna ...... providod ill dl.p", aS1 ofNRS f ... .rhrclcs.
1 Any ",I .. ,,,, 10 dw lftIIIIW of dw costs d.1ItICd b)I Ihe IMrIIotd prnr.tlIIL 10 panopaplr (a) or
",bleclioa 1 may be n::ool>'N ... "" lhe """,N"'" PfO"'CIod ill IUbKcliolL 1 ofNRS 010.2$1.
(Adeled to NRS by 19n, l. A 1987. 1240; 1995, 185S)
""$ co.
t-.. ... T __ , ..
... 'UTtAW,-.. til
CJJ. LonIIooI_T_1 JI7
Pr i nt e d f r om t he Off lcial Nevada Law Li brary f rom the
CoPyri9ht 20 11
.'------ --
,.

Casey Bake.
From:
S, nl:
To:
SubJ'CI:
--<lriJ,inal
Rk:I1ard HIIlmll@n:::I'I.dl'>ll8W.com]
FrldlY, Novembet 25, 201 \ 7 49 AM
'C ... y B,ker': 'Mall Manis,'
FW: HERE'S THE DEAL
from: Rkh".rd Hm [mailto'riullrid",nlhilbw.com]
Senl : Frida)" NO'l:IJIbe. :zs. '2011 7'49 "-\1
To: 'UoCheou&hlin@hotmail.coIJI'
Subject: HERE'STIlE DEAl.
Coughlin - Ih"", are Ihe term. und.. which ),OU ",ill be: .UO'>l:<i onto Ihe ""er ro<k property d into the house for
TOO,\'<' &: tod'),onl)"
THrsE TER.\!SARE NOT OPEN TO NEGcmATlON - AT ALL
L- you saki you Iud cashler'1 dlkI to piy for the lien fea, ihey mUll be: pil"ble to me and cirJ,wn on a m:o&nizablc local
"""
If not, IMn c.uh, but !lul compllcalft u,ings. and tNt cuts ml O )'Oor time.
The amOUDI is S 1,060 for lhe . epairs 10 -"I'!' u,e property .fteryour rcpnttd brukins.
Also, S30/day for slora,e, Today is the 2S. that meaM you ply for 24 cb)'S ( $30 x 24 _ $7'20) TOTAL -$',780. "'"e
undersland thaI you cont ut the lien.
:z. lilubo'l: fl8ul'!' lake.t )'Ou at your ,,'ord lhal )IOU "'ill UK your best efforts to I'!'mQlo't! U much of your property from the
prembuu poMiblc toda y.lfYOIl reasonable P ........ , l'!'atOnable a<'<'OmmodaHoM will be made to allow you
furthtr aCCf!U,
a-NONE of the _ urily poinu a\ lhe home al'!' 10 be disturbed -AT ALL.
THIS SPECIflC:o\IJ..Y MEANSTHATTHE BOARDSONTHE BACK PORCH REMAIN &:ARE NOTTAMPERED wrrn,
RE.\IOVED, OR CQ:>.IPRO,-USEO IN A. ... "Y WAY.
4- )"011 will ha"e your."._ and ,-ehlde for t raMpon of your loodl thf1l: al
9 I.m, No CI'!'W or no dul.
YOllr & your 33ems' anthoriut;on \ Q be at the prop"rt)" v:p;res al
TODAY. ThaI mU!\f that you and they "'ill gone bylMt lime,
YOI! So they nOI to come b<ick to the pfOp"rty without prior authoriution.
You and )'OPT "Ients WIll prinl your narn" and liln So d;ate a copy of this .mail .... hkb will be ",'en to me BEFORE)'O\I &et
into th. hoUJc
BY SIGNINC BELOW, YOU AGREETO ALLOFllIE FOREGOINC
PRlNTNA..\IF.s
I),\TE
SIt:N
<
,MEJtMYflRM.IN
DA..MAGE,
Finally, your & "2 laptops, wcre pre-.wu:lly In I tora,c, will be lc1,awf when )'OUT compliance "il h Ihe
fo.e,o'"' has verifiod.
Plu5C! mnflrm your ar;rcement
Do I to hi'''' tha lhere??
. .,.
CONFIDENTIAL: ATIOR..'a;y WORK PRODUCT: AITORNEY-CUENT PRIVILECE Thi5 ,mail ma)" mnlain Iep.ny
p.h-iie,ed or confidential information. If YOU nOllh, intended recip;.nl, pleue do nol fUd, copy, UJe, or disclose this
(Ommunioalion to anyo"" other than the intended _ipienl_ If }"O\IM''e rth-..d Ih .. meua&e in error, please nolify the
Knder and delete the email mes&age (rom your rystem. Thank)OU.
Circular 230 NOlice.
Toen.",.., compliance .. itb .. l..,mtnts impoKd by the IRS, we Infonn you Ihalany U.s. ftderaltllX adviceCOllta,ned In
thill (Ommunialion (lncludinr;any Ittachments) ill nol intended or ... rillen lObe used.lnd cannol be uK<!, for the purpole
of (0 .,-oiding under the [ntemal Rl1\"enue Code
(il) promolin" marketl n, Or re<:<>mmendlnr; 10 party any transaction or mailer addressed herein.
No ,;"., found in Ihis
by AVO - ......... ",",-com
Vel"lion: Virus Database: 2092/ .6,0 - Date: Virus Database iI OUI o(dale.
{> Ii
--

12 13 11 0204 2064 22176 Motion For New Trial, Notice of Appeal NRS 189.030 (1) Requires RMC Add To ROA in CR11-2064 RMC Deficiencies Opt A9

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12 13 11 0204 2064 22176 Motion For New Trial, Notice of Appeal NRS 189.030 (1) Requires RMC Add To ROA in CR11-2064 RMC Deficiencies Opt A9

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