1 4 12 0204 03628 Supplemental to Justice Court Proceedings Full Version 149 Pages in Correct Order OCR a9 Reduced

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. '".-,' ',' '" ., 2012 JAN -4 AM 9: 28 .... 7'ii&Wt:Ma�

;BY l. BaragaQ>, OEPUPC ,', . ...

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEV�DA

IN AND FOR THE COUNTY OF WASHOE

ZACHERY BARKER COUGHLIN Appellant,

VS,

MATT MERLISS ,

Respondent.

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CV11-03628

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SUPPLEMENTAL JUSTICE COURT APPEAL PROCEEDINGS

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In the Justice Court of Reno Township, County of Washoe State of Nevada

ZACHARY BARKER COUGHUN Appellan� Cas. No.: REV 2011-00!708

vs. MATIMERLISS

Respondent, DepINo.: 2, _ _ _ __ _ _ _ _

APPEAL RECEIPT

I.Subpoena Re Hearing 2.0rder to Show Cause 3.0pposition To Coughlin's Second Motion To Contest Personal Property

Lien and For Return of Personal Property 4.Rer.ly in Support of Motion For Order To Show Cause S.Re ease of Liability 6.0rder Shortening Time To Answer 7.Letter to Judge Sferrazza for Zach CO�in, Esq. 8.Letter to Judge Clifton from Zach Cou in, Esq. 9.Filing Ready Sanction Motion-Deman .for Return of Property

Exhibit 7 10. RE: River Rock (Exhibit 6) 11.Denied Filing (Exhibit S) . 12.Letter to Judge Sferrazza (Exhibit 4) . . 13.Letter to Ms Stancil from Zach Cou@linEsq. (Exhibit 3) 14.Disposal of Personal Property . (Exlitbit 2) IS.Affidavit of service (Exhibit 1) 16. Eviction Decision and Order Decemer 20,2011 17. Request for Audio Copy of Proceedings . 18. Order Resolving Motion to Contest Personal Property Lien 19. Letter to Casey Baker, Esq. from Zach Coughlin, Esq. 20. Emergency Letter to Court from Zach Coughlin, Esq. 21. Notice of Entry ofOrde�. ·, .

• • •

CERTIFICATE OF CLERK I hereby certify that the enclosed documents are certified as true and correct

copies of the original documents on file with the Reno Jr�u�st�ic�e�� Dated this 5th day ofJANUARY, 2012.

Dated this '5th day of JANUARY, 20n.-....

Byn===�t.=·�B�arIa�g_a_n __________ � Deputy Court Clerk

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u.WOfO,.:e IlICtlAItD 0 , HIU.

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1 RICHARD G. HILL, ESQ.

2 State Bar·No. 596 CASEY D. BAKER, ESQ.

3 State Bar No. 9504 RICHARD G. HILL, CHARTERED

4 652 Forest Street Reno, Nevada 89509

5 (775) 348-0888 Attorney for Plaintiff

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IN THE JUSTICE COURT OF RENO TOWNSHIP "" ,

COUNTY OF WASHOE, STATE OF NEVADA

10 MATTMERLISS;

11 Plaintiff,

12 v.

13 ZACHARY BARKER COUGHLIN;

14 Defendant.

15 . • . "

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Case No.: REV2011-001708

Dept. No. 2

16 SUBPOENAREHEARINQ 17 TO: THE STATE OF NEVADA SENDS GREETINGS TO:

18 Darlene Sharpe Dickson Realty - Damonte Branch

19 500 Damonte Ranch Parkway,,#625 Reno, Nevada 89521 . '

20 775-850-7000

21 W)': COMMAND YOU, that all and singular, business and excuses being set aside,

22 you appeij.r and attend before a notary public, or some other officer authorized by law to

23 administer oaths. at the Justice Court of Reno Township, Departmen,t 2, One South Sierra

24 Street, REmo, Nevada. 89501, on Tuesday, the 20th day of December, 2011 at 9:45 a.m.,

25 then and there to testify on the part of plaintiff Landlord, MATT MERLISS.

26 III 27 III

..... _0..216' 28 "ifj� If I h;o(T1'13U.o8M

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LAW OFfiCE RICKAIII) G. HILL

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1 Failure by any person without adequate excuse to obey a Subpoena served upon that

2 person may be deemed in contempt"'c)f the Court from which the Subpoena is issued. 3 [Nevada Rules of Civil Procedure Rule 45(e).]

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Dated th� /�ay of December. 2011.

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RULE 45, NEVADA RULES OF CML PROCEDURE, PARTS C & D (e) 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.

CB) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit copying may, within 14 days after service of the 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, selVe 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 th.e 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 disclosll;re of a trade secret or other confidential , research, development, or commercial information, or ·

(ii) requires disclosure of an unretained expert's opinion or ;. infonnation 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

l' party in whose behalf the subpoena is issued shows a substantial need for the testimony ' .. or material that cannot be oth.erwise met without undue bardship and assures that the

person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance !Jr pr�uction only upon specified conditions.

(d) DUTIES IN RESPONDING TO 'SUBPOENA.

· (1) 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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I,.AWOl'FlCf RICH,o.RO O. HIll

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RlCHARP G. HIU., ESQ. 51ate Bar No. 596 CASEY D. BAKER, ESQ. State Bar No. 9504 RlCHARP G. HILL, CHARTERED 652 Fore&t &reet Reno, Nevada 89509 (775) 348-0888 Attorney for Plaintiff

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IN THE JUSTICE COURT OF RENO TOWNSHIP COUNTY OF WASHOE, STATE OF NEVADA

MATT MERLISS; ••

v. ,

Plaintiff, Case No.: REV2011-001708

Dept. No. 2

ZACHARY BARKER COUGHLIN; Defendant.

ADMISSION OF SERVICE

17 DARLENE SHARPE hereby admits the service of a Subpoena Re Hearing 18 and chec� for witness fees on behalf of herself. 19

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DATED this � day ofOecember, 2011.

DARLENE SHARPE Dickson Realty - Damonte Branch 500 Damonte Ranch Parkway, #625 Reno, Nevada 89521

��;=,=� 28 (n�)� FU(775) :IoI8.oe5e

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LoAWOfflCE �ICHARD O . KILL

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CERTIFICATE OF SERVICE

Pursuantto NRCP s(b), I hereby certify that I am an employee of RlCHARD 3

G. HILL, CHARTERED, and that on the/f''''''aayof December, 20ll,I deposited for 4

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pickup by Reno Carson Messenger Service, in a sealed envelope, a true and correct copy of the foregoing Subpoena re Hearing to:

Zach Coughlin, Esq. c/o Silver Dollar Motor Lodge 817 North Virginia Street, Ste. 2 Reno, Nevada 89501

::,,,,:,,o�':�I� 28 (7", :H.4IU

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IN THE JUSTICE COURT OF RENO TOWNSHIP


AFFIRMATION

Pursuant to NRS 2396.030

The undersigned does hereby affirm that the following, ______ _

Subpoena re Hearing and Admission of Service

(Tille of Document)

Filed in Reno Justice Court case number: _______________ _

G!J Document do�s not contain the social security number of any person

-OR-

O Document contains the social security number of a person as required by:

o A specific state or federal law, to wit:

(State specific state Or federal law)

-or-

o For the administration of a public program

-or-

O For an application for a federal or state grant

Date: December 16. · 20ll

Affirmation Revised January 2, 2007

(Print Name)

Plaintiff (Attorney for)

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LAW OFFICE ItICHARO G. HILL

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2 State Bar No. 596 /�;;?/ CASEY D. BAKER, ESQ. 3 State Bar No. 9504

RICHARD G. HILL, CHARTERED 4 652 Forest Street

Reno, Nevada 89509 5 (775) 348-0888

Attorney for Plaintiff 6 7

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10 MATT MERLISS;

11 12 v.

Plaintiff,

13 zACHARY BARKER COUGHLIN;

Defendant.

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Case No.: REV2011-00l708

Dept. No. 2

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ORDER TO SHOW CAUSE

Plaintiff, MATI MERLlSS, having moved this cOurt for an order compelling

19 defendant, ZACHARY BARKER COUGHUN, to appear and show cause why he should not

20 be held in contempt of court pursuant to NRS 22.020 and NRS 22.010(3); the matter

21 having been fully briefed by the parties; the court being fully apprised in the premises, and

22 good cause appearing.

23 IT IS HEREBY ORDERED that Zachary Barker Coughlin shall appear in

24 Department 2 of the above-entitled court at the hour of ___ o'clock_.m. on the

25 day of ______ , 201_, and then and there to show cause, if any, why he should not

26 be held in contempt of court pursuant to NRS 22,020 for his unlawful reentry onto the real

27 III .. :.

��=:� 28 III (n51 34a-OII!NI F .. (n5)3<1�

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LAW OFFICE RICHARD G. HILL


2 State Bar No. 596 CASEY D. BAKER, ESQ.




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FILED 11 DEC 19 PM 2: 12

STEVE TUTTLE _. RENO JUSn�:W-&TI_ ·,',BY �._� ; ��Y'f"=-�-

IN THE JUSTICE eOURT OF RENO TOWNSHIP 7

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10 MATT MERLISS; ) ) ) ) ) ) ) ) ) )

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12 v. Plaintiff,

Case No.: REV2011-001708 Dept. No. 2

13 ZACHARY BARKER COUGHLIN; 14 Defendant. 15 ]

16 OPPOSITION TO COUGHLIN'S SECOND MOTION TO CONTEST PERSONAL

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PROPERTY LIEN AND FOR RETURN OF PERSONAL PROPERTY

Plaintiff/Landlord,Iy1A.Tl(· ME;RLISS, through counsel, RICHARD G. HILL, '. ' . . .

19 CHARTERED and CASEY D. BAKER, ESQ., opposes the motion to contest personal 20 property lien filed herein by defendant, ZACHARY COUGHLIN, on December 5, 2011. The 21 motion is,untimely, and an impermissible second attempt to have the court hear a motion 22 he once abandoned, and which has become stale. This opposition is based on the points and 23 authorities below and all papers and pleadings on file herein. 24

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POINTS AND AUTHORITIES

FAcrS

Mr. Coughlin was evicted from the property on November 1, 2011. He filed his 27 first motion to contest personal property lien on November 16, 2011. Merliss opposed that

��ff�8��8�;�� 28 III (775) 348-0868 Fax(775) 34B-085B

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1 motion on November 21, 2011. That opposition is incorporated herein by this

2 reference. At that time, the court was attempted to set a hearing on Mr. Coughlin's

3 motion for November 22,2011, but Mr. Coughlin refused to cooperate or communicate with

4 the court'to get that hearing on calendar, despite repeated requests by Merliss' counsel that 5 he do so. See Exhibit 3 and Exhibit 4 to Merliss' November 21, 2011 opposition.

6 Due solely to Mr. Coughlin's game-play, the hearing that the court was

7 attempting to schedule for November 22, 2011 was never placed on the court's calendar, 8 and never happened. Of course, Mr. Coughlin now, predictably, claims that he showed up

9 to court on November 22 prepared to go forward. Whether or not he showed up to court,

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Mr. Coughlin knew that the hearing had not been placed on the calendar, and why. By now, Mr. Coughlin's complete and utter la.ck of veracity in the conduct of these proceedings should not even need mentioning.

Mr. Coughlin then filed a second motion to contest personal property lien on Decembet 5, 2011. Thereafter, the court set a hearing on that motion for Tuesday, December 20, 2011. This paper is filed in opposition to that motion.

LAW AND ANALYSIS

Coughlin's motion is brought pursuantto NRS 118A.460. Subsection (2) of that statute provides:

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 1�8A.460(2) , -"f NRS 40.253(7)-(8) provides as follows:

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 n8A.460 for the inventory, moving and storage of

��:r:;:8�� 28 / / / (775) 348.()888 Fax(775) 348-ll858

c: personal property left on the premises. The motion must be filed within 20 days after tlie summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

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27 LAW OffiCE

RJCHARD G. HILL ��::a��x8��; 28

(775)34�8 FIIX(775) 348-0858

(a) The tenant has vacated or been removed from the premises; and

(b) A co�y of those charges has been requested by or }>rovided to the tenant, E whichever is later.

8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a heating 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 tenant's property upon the payment of the charges determined to be due or if no charges are determined to be due.

NRS 40.253(7)-(8) (emphasis added). Here, Coughlin filed his first motion p�lfsuant to NRS n8A.460 on November

16, 2011. That motion was timely. However, when the court attempted to set the hearing,

Coughlin refused to cooperate or communicate with the court to get the hearing on calendar, despite repeated requests from M.erliss' counsel that he do so. As a sole and direct

. '. �� .. � . '�{�. . fj � . result of Mr. Coughlin's refusal to cobperate with the court to set his own hearing, that

hearing never happened. The 10 days in which to hold the hearing under NRS 40.253(8) have no� expired. Mr. Coughlin's motion is stale, and the relief he seeks is now time-

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barred. �ecause he abandoned that motion, it was, effectively, denied. He has not shown any good reason why he should be given leave to re-file that motion. See, e.g. Masonry &

Tile ContractorsAss'n ofS. Nev. v. Jolley, Urga & Wirth, Ltd., 113 Nev. 737, 741, 941 P.2d 486 (1997) ("A district court may reconsider a previously decided issue if substantially different evidence is subsequently introduced or the decision is clearly erroneous.") Accord,

Nevertheless, Mr. Coughlin filed his second motion pursuant to NRS 118A.460 on December 5, 2011. Even though th� co�rt has already set a hearing on the motion, the

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motioq. should be denied. Mr. Cdughlin�b evicted from the property on November 1,

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'1 1 2011. He was first told on that Dr. Merliss was claiming an lien on his property at the fair

2 rental value of the property on November 10, 2011. See Exhibit 1 to Exhibit 4 of Merliss'

3 November 21,2011 opposition. Coughlin knew that figure to be a daily prorated amount of

4 $900.00 per month (or $30.00 per day), because that was the rent set in the underlying

5 lease he signed. He also confirmed his knowledge of that figure in his email of November

6 12, 20i1, which he attached to his November 16,2011 motion. In that email, Coughlin says

7 " ... they were billing the full $900 rental value of the property to the undersigned, even after

8 any eviction they sought to enforce ... " ./r��dditional charges of $1060.00 for securing the < I ." . " .

9 property after Mr. Coughlin was found to be squatting there were not incurred until after

10 Coughlin was arrested and removed from the property on November 13, 2011. Therefore,

11 under NRS 40.253(7), Coughlin's motion was due to be filed by no November 30, 2011,

12 twenty ddys after he was informed of the charges. Coughlin's motion is untimely, and must,

13 be denied. 14 WHEREFORE, plaintiff prays that defendant take nothing byway of his motion 15 and that same be denied in its entirety; all(� for such oth�r, further and additional relief as 16 seems just to the Court in the premises.

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AFFIRMATION Pursuant to NRS 239B.030

The undersigned does hereby affirm that the preceding document does not

19 contain the social security number of any person. J!. . < .. ,

20 DATED this {q �ay �f D:��ember, 2011.

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��:a��x8= 28 (775) 348.()888

FIIJ«775) 348-OSSS

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R��a��x8�� 28 (775) 3't8-0888

Fax(775) 3't�58


" Pursuant to NRCP 5(b), I hereby certifythat I am an employee of RICHARD G.

HILL, CHARTERED, and that on the ICi�ay of December, 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 COUGHLIN'S SECOND MOTION TO CONTEST

PERSONAL PROPERTY LIEN AND FOR RETURN OF PERSONAL PROPERTY to:

,f

Zach Coughlin, Esq. c/o Silver Dollar Motor Lodge 817 North Virginia Street, Ste. 2 Reno, Nevada 89501

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FILED 11 DEC I 9 PM 2: 12

STEVE TUTTLE REt�O JUSTICE COURT :-BY-�I1�

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IN THE JUSTICE 'COURT OF RENO TOWNSHIP


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MATI'MERLISS; ) ) Case No.: REV2011-001708

Plaintiff, ) ) Dept. No. 2

v. ) )

ZACHARY BARKER COUGHLIN; ) )

Defendant. ) )

REPLY IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE

Plaintiff, MATT MERLISS, through counsel, RICHARD G. HILL, CHARTERED

18 and CASEY D. BAKER, ESQ .. ; rep}·i.e�·�ii .s¥Ppo� of his motion for order to show cause filed

19 herein. Coughlin has failed to oppose the motion in any real way, and does not dispute that

20 he is in contempt of court. This reply is based on the points and authorities below and all

21 papers ru!d pleadings on file herein.

22 POINTS AND AUTHORITIES

23 Coughlin was evicted and locked out of the subject property on November 1,

24 2011. On November 13, 2011, he was discovered living in the basement and was arrested

25 for trespassing. Reference is made to the declaration of Richard G. Hill, Esq. attached to

26 the instant motion at Exhibit 2 for further factual particulars. Coughlin has not denied

27 these facts. Coughlin is in contempt of court under both NRS 22.020 and NRS 22.010(3).

��?��:a��xB�� 28 III (775) 34B-OBBB FIIX(775) 34B-OB5B

lAW OFFICE RICHARD G. HILL

1 A. Coughlin's Argum�nts Regarding a "Comm�rcial" Lease are . .': jt " '. :�;.

2 Untimely, Have Been W�ived by Him, and are Infirm as a Matter of Both Law

3 and Fact, and he Should be Judicially Estopped From Raising Them.

4 It appears that Ceughlin may have eppesed this metien in his "metien to' 5 vacate", ijiled herein en December 5, 2011. In that paper, he takes the new pesitien the

6 leckeut was impermissible because he had a "cemmercial lease". Fer the ceurt's reference,

7 a true �nd cerrect cepy ef the fully executed lease, which was entered intO' evidence at the

8 evictien hearing as Exhibit A, is attached heretO' as EXHIBIT 1.

9 First, it is clear that Ceughlin has net read NRS 40.254, the statute upen which 10 his evictien was based. Instead, he is seeking to' apply, as law, the general statement in the

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landlerd/tenant handbeek that summary evictions are net available fer the evictien of cemmercial tenants fer ether than thEl ;nenpayment ef rent. That is an evergeneralizatien

. " � . .,., . ' '\ ; ef the law, and, in any event,' de� net. apply here.

NRS 40. 254 specifically prevides that summary evictiens are available "when

15 the tenant of a dwelling unit [ ] is subject to the provisions of chapter uSA of �

16 NRS ••• " �em phasis added). Coughlin tries to' fecus en calling the lease" cemmercial"instead

17 ef "residential", but that tactic is misguided. That argument is meaningless in light ef the 18 plain language ef the centrelling statute. The preper fecus is en whether er net the lease 19 was subject to' NRS Chapter u8A. SO' leng as it was, summary evictien was allewed. Net 20 until after the evictien was cemplete, did Coqghlinmake this argument. Further, Ceughlin 21 has net made any shewing that Chapter u8A did net apply. In fact, threugheut the evictien 22 preceedings, he specifically argued that it did apply, and the ceurt ruled en that basis. 23 Ceughlin's twO' pesitiens are tetally inconsistent, and he is judicially estepped frem

,-24 changing his defense new. S,ee, ¥tlrcuse O. Del Webb Cemmunities, 123 Nev. 278, 163 P .3d 25 462 (2007), which prevides as fellews:

26 Judicial esteppel applies when the fellewing five criteria are met: 27 �.

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III (775) 348�888 Fax(775) 348�58

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(1) the same party has taken two positions; (2) the positions were taken in ajudicial or quasi-judicial administrative proceeding; (3) the party was successful in asserting the first position (i.e. the tribunal adopted the position or accepted it as true); (4) the two positions are totally inconsisterit; and (5) the first position was not taken as a result of ignorance, fraud, or mistake.

4 Marcuse at 287. 5 As set forth above, Coughlin has clearly met all criteria of the judicial estoppel

6 test, and he must not be allowed to change his defense now. 7

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Coughlin's arg1JJIle�r�fails�'fo� &everal additional reasons:

First, Coughlin's argument is untimely. Coughlin had two months, two 9 hearings, and countless motions in which raise this argument before his rights in the

10 property.�ere terminated by the court and he was legally locked out. He never did so. '. � �

11 Coughlin cannot be allowed to re-argue the merits of the case now, nearly two months after 12 he was properly locked out of the property. 13 Second, Coughlin affirmatively waived any such argument. During the 14 eviction proceedings, Coughlin chose to focus. on his trumped-up and fabricated 15 "retaliation" and "habitability" claims under NRS 118A.510, 118A.290, 118A.355, and

16 118A.360. He now wants to change his story and allege that his lease was a "commercial"

17 lease. As noted above, Coughlin has not figured out that the appropriate inquiry is not on 18 the term "commercial", but 9n �Gapv.l��qUity of NRS Chapter u8A. As such, Coughlin's

... . . ' '" �.

19 argument is misguided, and would not entitle him to any relief even if he had raised it 20 timely. Nevertheless, by choosing his defenses based on NRS Chapter n8A, Coughlin 21 affirmatiyely took the position that the lease was subject to that chapter, and waived any

i). '.

22 argument that it was not. Coughlin cannot be allowed to change his argument now. 23 Marcuse. He chose his position and is bound by it. 24 Even if Coughlin had not affirmatively chosen a contrary position at the hearing 25 on the merits, and had simply failed to raise a particular defense, h� would not be permitted 26 to raise that new defense now, or on appeal. See Schuck v. Signature Flight Support of

27 Nevada, Inc., 126 Nev. _ (Adv.Op. 42), 245 p .3d 542 (Nov. 4, 2010). The Court in Schuck

��ff�:8�x6� 28 stated as follows: (775) 348-0888

Fax(775) 348-0656 �. Cf

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The problem with these a,rguments is that Schuck did not make them when he 9P'po�d slim�5iry judgment in the district court. While this court gIves a de novo review to a district court's decision to grant summary judgment, a de novo standard of review does not trump the general rule that '[a] point not urged in the trial court, unless it goes to the jurisdiction of that court, is deemed to have been waived and will not be considered on appeal' . ... a district

;! court is not obligated to wade through and search the � entire record for some specific facts wliich might support

the nonmoving party's claim.

7 Schuck at 544-545 (internal citations omitted).

8 Even if Coughlin's current fabricated argument that the lease was" commercial"

9 could somehow be considered jurisdictional,' Coughlin affirmatively waived that argument

1 0 by choosing his defenses based on NRS Chapter 118A. He never raised the issue, and the

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court was not obligated to find it and raise it for him. Schuck. Further, even if Coughlin

were running one or more unliceps�d l:>,ps,inesses out of that property, he still has not shown

how that removes the matte� fro� Nis ,6hkpter u8A. In fact, Coughlin continues to

14 file motions based on provisions of NRS Chapter uSA, including the motion

15 that gave rise to the December 20, 2011 hearing, and in which he argues that •

16 the leas� was "commercial."

17 As a factual matter, any assertion that the lease was anything but a residential

18 lease is simply not true. Paragraph 2 of the lease provides that the premises was rented to

19 Coughlin and his girlfriend for "residential purposes only". Th� paragraph that Coughlin

20 is relying on is paragraph 11 of the lease. ,In the executed lease, that paragraph provides in 21

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part that the property "shall be used for a residence and for other purposes." See EXHIBIT

1. In the event the court is inclined to hear argument on the matter, Merliss will present

evidence at the December 22, 2011 .. hearing that paragraph 11 in the original lease . . � . .

'</' ", . ,' 'I) document provided to Coughlin/tha6pafagraph stated "shall be used for a residence and

25 for no other purpose". Merliss will further present evidence that Coughlin 26 surreptitiously altered that language before he signed and returned the lease. The court 27 will recall�that Dr. Merliss testified at the October 25,2011 hearing about other provisio. ns

LAW OFFICE ¢ RICHARD G, HILL

k��?��:.::�8�� 28 (775) 348-0888

F ",,(775) 348-0858 III

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1 of the lease that Coughlin had also changed without informing Merliss that he had done so.

2 Merliss will also present evidence, through the testimony of Darlene Sharpe, the real estate 3 agent �ho leased the property to Coughlin for Merliss, that Coughlin never mentioned that

4 he was.a lawyer or that he intended to operate a law practice or any other business out of

5 the property. He also never mentioned any sort of mattress business, which he now claims

6 to have been operating out of the property. In fact, the court will see that on his rental

7 application, Coughlin liste4.his ,ePlPl()'ymel1t history as "self employed researcher 1995 to

8 present". The lease was never intended to be, and was not, anything other than

9 a residential lease. To the extent the lease now contains an ambiguity as between

1 0 paragrapps 2 and 11, that ambiguity should be construed against Coughlin not only because \

11 he created it, but because of the underhanded way in which he tried to sneak that and other

12 changes past Merliss. Anvui, LLC v. G.L. Dragon, 123 Nev. 212, 163 P.3d 405 (2007). In

13 any event, the altered language of paragraph 11 of the lease ("for other purposes") is so

14 broad and so vague that nothing in it could possibly take the lease out of Chapter nSA,

15 especially where, as here, the property was obviously intended, and used, as a dwelling unit

16 as referred to by NRS 40.254, and as defined by NRS uSA.oSo. Coughlin is grasping at

17 straws and, quite literally, continuing to make it up as he goes along.

1S With respect to .¥r. c,pug�1in;� �eged mattress business, that business license " .: " ! .: .. �

19 has been expired since October 2006, more than three years before Coughlin ever rented 20 the River Rock property from Merliss. Attached hereto as EXHIBIT 2 is a true and correct

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copy of a}printout from the City of Reno business licensing department webpage, which ,

shows the expired status of Coughlin's business license for his mattress business. The court

23 will also note that the address listed for that defunct and unlicensed business is not the

24 address of the Merliss' property (121 River Rock, Reno, Nevada). Coughlin's claims about

25 this lease being anything other than a residen�allease ar:e more of his pure fabrication.

26 Coughlin has already demonstrated a history of raising an argument in a motion, only to

27 withdraw it at the hearing when confronted with a witness who will present the truth. Thus,

��:a�:8;�; 28 III (775) 348-0888 Fax(775) 348-0858

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in the interest of mitigating the a,lready s��gering amount of fees and costs that Coughlin rJ ·" •. �I . .�" � :1,

has caused Merliss to incur on what should have been a simple eviction, Merliss has not

subpoenaed the City of Reno, but reserves his right to do so in the event the court elects to

entertain, any argument or evidence put forth by Coughlin in support of this fallacy. 1 • I

f CONCLUSION

Coughlin is in contempt of this court. He does not deny it. Instead, he wants 7 to raise untimely, untrue, infirm, and unsupported arguments about some non-existent, 8 unlicensed businesses he may have been illegally operating out of the property. Coughlin 9 has not offered any real opposition to the motion, and the court should issue the order to

10 show cause forthwith. Reference is made to the declaration of Casey D. Baker, Esq., 11 attached hereto as EXHIBIT 3, for authentication of all exhibits. A form of the proposed 12 order is attached hereto as EXHIBIT 4.. .

. '0\1\ #,... . � .. � � 13 WHEREFORE; Merilss p�ays lor an order of this court requiring defendant, 14 ZACHARY BARKER COUGHLIN, to appear and show cause why he should not be held in 15 contempt of court under NRS 22.0lO(3) for his resistance to this court's lawfully entered

)

16 order, arib under NRS 22.020 for his illegal reentry onto the subject property after eviction; 17 for an order that Coughlin pay Merliss for the costs incurred to secure the property after the

18 break-in by Coughlin as a condition of his being purged of his contempt of court; and for 19 such other, further and additional relief as seems just to the Court in the premises . . ' .

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1 The court is asked to recall that at the October 25, 2011 eviction hearing, a representative from NV Energy had only just begun testifying when Mr. CoughHn withdrew his argument about some retaliatory interruption of his electrical service, rendering that testimony unnecessary. The witness was then dismissed after having wasted ap. entire morning on this matter. The NV Energy attorney, who had flown up

LAW OFFICE 27 from Lastyegas for the hearing, had wasted a trip. It is this type of perpetual nonsense

RICHARD G. HILL by Coughlin, an attorney, that has forced MerHss to incur tens of thousands of dollars in ��:r=a�:X8�� 28 fees and costs in this matter. (775) 348-0888 Fax(775) 348-0858

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The undersigned does hereby affirm that the preceding' document does not

3 contain the social security number of any person.

4 DATED this \ \ q" day of December, 2011. 5

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RICHARD G. HILL, CHARTERED

�:��:a�:8�� 28 (775) 348'()888

Fax(775) 348.oB58 , . . ;

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LAW OFFICE RICHARD G. ItILL

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�::!..�� 28 (17$134oQIU

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EXHIBIT NO.

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EXHIBIT INDEX

DESCRIPTION

Standard Rental Agreement

City of Reno Business License Search

Declaration of Casey D. Baker, Esq.

Proposed Order

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02/24/2010 10:43 PAl 934 1818

Inventory 121 Ri_Rock Rcolo. NV 89503

cae AdII1n

RosidOJrts MeIi ... Ulloa and bob Coug)l)in adaIowledgc that1ho fullowio£ items ore a port orthe inventory at 121 River Rock, RaIo. NV 89503. Th ... item. will notb. ","",ved and .. ay with the propcrty1l!lOO vaoaIi.g.

Stackabl. wash« end dryer. zefrigenttor. (!3li fangeloven, water h __ •

!iImoce, blind, (windowcoveringo) aJJd ell olhor itom.1h1lt "'" attached to wnllI or fto ... or cciUnas.

Residents: Mells:i. UUos and Zaoh Cpughlin aclcnowledg. this ;nYlnWly I i91 by lnitialina page 3 jtcm 29.

l1li0015

EXHIBIT 2

�eno tsusmess LIcense <..!uery

Page 1 of 1

I Bleil to Main Menu I City of Reno Buslnls5 License Search

(Plan IXIn'I bocIk/IIIIk INs """'. S.ardllIIlIIlI noIlIl'IId. CIId< Go 10 !MIn Iot./IU _ boQI<mItk SUfd'I � """,., '01' aIIdIl flCCtdl tnd edbIlIk ... upon bull ........... .eI. pia .. conIaa lite 0Iy III RIno ....... � DMIIon al 77W34.:ol1O.

�;I:Dh"'�G1' 8G!J 'K' .. sl" ... N ..... 01'11 ... ,,""1"'11)' LIc:')'lI1 LieN_ UcSIIIIU. RI ....... I$1II1ua MaxUcEffDll1 -�. ' .. 51111 '"

COUGK\.INS' """"'" .- - "m - -- 111112005 1G4�W '"'' W ."" '0'" - ",. SEDSJPILLOWS

"TOMfC ... """" , EttTERPfUSES G ••• " ....... ..... 2117 • ..... � '"- ""'" "'" w ""'" "

http://dashboard.reno.govlRenoBusinessLicensesirdPage.aspx;?rdRequestForwardinIFFor... 1211412011

. .

gr 1 RICHARD G. HILL, ESQ.


3 State Bar No. 9504 ' RICHARD G. HILL, CHARTERED



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COUNTYOFWASHOE,STATE OFNEVADA

10 MATTMERUSS;

11 I

12 v.

Plaintiff, Case No.: REV2011-001708

Dept. No. 2


Defendant. ", ', " .

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DECLARATION OF CASEY D. BAKER, ESQ.

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17 · CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of

1 e perjury avers:

19 1. I am a resident of the City of Reno, County of Washoe, State of Nevada,

20 and over 18 years of age. This declaration is based on my personal knowledge, except those

21 matters stated on information and belief, and as to those items I believe them to be true.

22 Tbis declaration is made in support of plaintiffs Reply in SupPort 0/ Motion/or Order to

23 Show Cause, and represents my testimony if called on to present same in court.

24 2. ] am an attorney duly licensed as such by the State of Nevada to practice

25 before all courts of this State anq mainta�n my office at 652 Forest Street, Reno, Nevada.

26 I am also licensed to practice before the United States District Court for the District of

27 Nevada.

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1 3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter. 2 4. I have personally reviewed the exhibits to the referenced reply, and each 3 exhibit is a true and correct copy of what it purports to be. . ' .

4 5. I declare under penalty of perjury that the foregoing is true and correct. 5 AFFIRMATION Pursuant to NRS 239B.030

6 The undersigned does hereby affirm that the preceding document does not 7 contain the social security number o� any J?erson.

� . . ' 8 DATED this . J q . day ofD"cember, 2011

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EXHIBIT 4

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LAWOFACe RICKARD G. HILL

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RICHARD G. HILL, ESQ. State Bar No. 596 CASEY D. BAKER, ESQ. State Bar No. 9504 RICHARD G. HILL, CHARTERED 652 Forest Street Reno, Nevada 89509 (775) 348-0888 " Attorney for Plaintiff



10 MATTMERLISS; l

11 Plaintiff,

12 v.

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Case No.: REV2011-001708

Dept. No. 2


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Defendant.

ORDER TO SHOW CAUSE

Plaintiff, MATT MERLISS, having moved this court for an order compelling

19 defendant, ZACHARY BARKER COUGHLIN, to appear and show cause why he should not

20 be held ip. contempt of court pursuant to NRS 22.020 and NRS 22.010(3); the matter

21 having been fully briefed by the parties; the court being fully apprised in the premises, and

22 good cause appearing,

23 IT IS HEREBY ORDERED that Zachary Barker Coughlin shall appear in

24 Department 2 of the above-entitled court at the hour of ___ o'clock _.m. on the

25 day of _____ �. 201_, and then and there to show cause, if any, why he should not

26 be held in contempt of court pursuant to NRS 22.020 for his unlawful reentry onto the real

27 III ' . - . ' .�. ' ,C:. �. ,

=.�=�� 28 III (n5l� f..(775)�

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I.AWOFFICE RICHARD G. HIt.L

1 property �ocated at 121 River Rock, Reno, Nevada, after having been evicted from same; and . , .. 2 pursuant'to NRS 22.010(3) for his disobedience of this court's lawful eviction order.

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IT IS SO ORDERED.

DATED this ___ day of December, 2011.

JUSTICE OF THE PEACE ... . , ,

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��:.:"�� 26 t776j348..0B88 fax(775) 34a.osM 2

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CERTIFICATE OF SERVICE � ", .' j

Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G,

3 HILL, CHARTERED, and that on the�dayofDecember, 2011, I deposited in the United

4 States m�il at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy ,

5 of the for'egoing REPLY IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE to:

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Zach Coughlin, Esq, cf 0 Silver Dollar Motor Lodge 817 North Virginia Street, Ste. 2 Reno, Nevada 89501

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1 RICHARD G. HILL, ESQ. '. FILED



4 652 Forest Street

11 DEC I 9 PH 2: I 3 STEVEr�l�1�1. _ REH�S1:,�

" BY . Reno, Nevada 89509 5 (775) 348-0888

Attorneyfor Plaintiff

DEPUTY

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10 MATT MERLISS; ) ) Case No.: REV2011-001708

11 Plaintiff, � Dept. No. 2 12 v.


Defendant.

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�, REQUEST FOR SUBMISSION OF MOTION FOR ORDER TO SHOW CAUSE

The plaintiff, MATT MERLISS, by and through his attorney of record,

18 RICHARD G. HILL, CHARTERED and CASEY D. BAKER, ESQ., requests that the Motion

19 for Order to Show Cause, filed November 21, 2011, be submitted to the Court for a decision.

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22 contain the social security number of any person. . ,--/J.. C)�v 23 DATED this ,q daY �2011.

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RICHARD G. HILL, C

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TERED

��?�:a��"e�� 2 8 (775) 348-0888

Fax(775) 348-0858

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��a:�x8��; 28 (775) 348-0888

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Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G.

HILL, CHARTERED,and that on the tq�day of December, 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 Request for Submission of Motion for Order to Show Cause to:

Zach Coughlin, Esq. cj 0 Silver Dollar Motor Lodge 817 North Virginia Street, Ste. 2 Reno, Nevada 89501

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IN THE JUSTICE COURT OF _Ren_o ______ _ _ TOWNSHIP

IN AND FOR THE COUNTY OF _-"Wa:;:s",ho e:;:..c ___ , STATE OF NEVADA

Name: 12 Address:

Matt Merliss

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Phone: LandlordfPlaintiif

vs. CASE NO: RJe REV201.1-0017oe

Name: Zach Coughlin DEPT. NO: 2; J. Sferrazza Address:

Phone: TenantIDefendant

ORDER SHORTENING TIME TO ANSWER Upon consideration of the Plaintiffs Ex Parte Motion to Shorten TIme to

Answer, and good cause shown,

I "", __ "",, Commercial Tenant 1 of 2 eo •• Order ShortenIng TIme to Answer c_ .... 1t¥JNVt. �, ... _ .. � ................... , ..

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1 IT IS HEREBY ORDERED

2 The time within which Ihe Defendant is ordered 10 file and serve 3

. an Answer to Ihe Complaint is shortened to � days 1 after

4 personal service upon the Defendant of a copy of the

5 Summons and Complaint.

6 The Motion is denied because ___ .:...... ____ _ _ _ _ 7

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12 II=��------------13 DATED JUSTICE OF THE PEACE

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1 By Rule, this can be no less than 10 judicial days. -Judicial Daysn do not include date of service, weekends or legal holidays. �poocx commercial Tenant 2 of 2 Court . On:ler Shortening Time 10 Answer

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DAre Dc�CDibcr U, 2011

FtOliI uchcooghl1n

. "Ca th ....

817 N. Virginia St. If2 Reno, NV 89501 tel: 775 229-6737 fax: 949 667 7402

[email protected] Nevada Bar No: 9473

TO: .HODOnN.c D.'Oicl Cllfion, H" .. ".,.N.. P.te Sfmrazza, R.lc, C .. ., Bal., Elq. FAX NO: 775-32.5-6S91, TlS-32S-671S,T15-':lS-611S, n5-34s-08S8

tjl� v!..e'lR1'l'.UIf�N!""·"""-·l.-. RE: _ Mezllr .... Couslilln RJV Rn2OU-001108 HEARING er I'CIl DPCPN'P'R.!!D!, au IS ON! DAf AFlD.OI'POIING COtlNIl!LI DIICfU'PJ !1111 D.G'E I'DR.DlIPOSENG OF AIL Jll!RSmW.l'IIOPlIIIft AND IS NOT wrrHIN 1'l1li U DA'!I JtI!QJJDI!D J'QRsmn«J AIIIWtING ON"/I. NaDONTO CONI"B5T PI!RSONAL PlGlPEk1'i UENPURSUAN'I' "1'0 NBS .LO?",!-,\

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TOl :�baS96J9·cl1b-tb4 Z·9ld8-ci 4e]dl

December 17"',2011

fro.: rachcoughlln

z.d. cougb1ln. 1:1'1' 811 N. Vlrglntl SL 12

Roonu, l-N 8!1�1 T.!: pI.UI "aly coiD.mwdo:atllD ..... tms

FlUe �9 667 '''02

UcmHd In N�, l-N a .. No: 90113

12-11-11 ID:4lpm p. 2 of 4

Dear Chief Justice of the Peace Clifton and Reno Justice Court,

I noticed that, fmally, in response to about my four written notice to you that leaving the window unit air conditioner in, unsecured by anything other than duct tape and the sliding windows leverage, was a recipe for burglary so near the Lakemill Lodge, that you finally, took the window unit out. However, you have always and still do fail to take even basic precaustions ... How about leaving a light or two on? You know, the look you left 121 River Rock in kind of shouts out to the world "hey everybody, yep, we boarded the property up with thin plywood and nails, but, of co�, you can tell there is lots property inside for you to steal ... heck, why not steal the $1,000 swamp cooler on the porch, or the expensive television set, or the nice wooden shutters on the front porch (the 3 that have not been stolen, not the one that apparently has) .... oh, and help yourself to anything on the back porch behind the gate (one can clearly see that you did nothing to secure the gate in the back of the house when peering into the back yard from the Mill Place Studio Apartments parking lot behind the backyard of 121 River Rock. I want a written inventory (but, of course, you are strictly forbidden to access any hard drives, digital media, cameras, videos, etc, both in light of the attpmey client privilege and your tmimaginable refusal to allow me to access my client files. even to copy the bard drives if you feel so strongly about your lien on the physical property itself that is the hardware of a computer or hard drive ... ). !f your statement that the large television in the living room has been stolen (it is a 62 inch television, a Toshiba 62hm15: bttp:/lwww.hdtvsolutions.comffosbiba·62HM1S.htm

Toshiba 62HM15 Projection TV (62HM15) 15]" 011 ... ,,11, It:5l, D,iPII MSIU'. Sa, IIDt',.... DfIII .... oo ....... u..t 111111, willi I lUlU' of 13.1", pllIIeu, 10 be .at ... , ODdyov •• oN)' .. riq • u .. ",,""'. Sl,600 or 10, wb)' 1IIon')'1111 COlIC '.,"".I}'<IUr u .... .. _ ... to rcaf.n III)' prop"",, � 1mpDr1"'1)', 10 ot .... dd<Yc ... y cII ... rlllt-. .DdDlY I ... pncti •• fII .. ) u111IMoI ....... I" ."" _ .. OIl .... IR,,..,., .... 10 be 111«.""l1li10 IlUmpllO l1li111. be"l \WI D"" .... � lOeb, lOU ror 1'\1""'" "'.1 OIIUIdl III, ocopo _1II.jwbdlOIi ... <II 1M Ooo.Irt ""d lb. DOIIc.jRVidad r ... lb. b ..... See NltCP 11, .bicb IppliH btn, Dol NlOlCP It, toe NR.S lIl .. NIlS 40 rllf wby. Al .... J domOlld 1b • .....,;1)' .,1110 wllltb I.", ... 11601110:

214

• How Jaw a security deposit may the landlord of a residential property request?

From: zachcollqhl1n

• Muy a tenant post a surety bond instead of a security deposit? • How does a tenant prove that he paid a security deposit?

1l-17-11 lO;42pm p. 3 of 4

• What if the landlord wjlJ not sive the tenant a receipt for the security deposit? • Must the landlord return the security deposit? • What is "normal wear"?

' • When must the landlord return the security deposit to the tenant?

. • What if the landlord fails to return the security deposit within 30 days or the tenant disagrees with the way in which the security deposit was used?

• What [the landlord sells the pro.verty or loses it in a foreclosure sale? How large a security deposit may the landlord of a residential property request?· No more than 3 months of rent NRS 118A.247(1) May a tenant post a surety bond instead of a security deposit? Yes, if all parties agree. If the landlord makes claim against the bond the tenant must be given an itemized written acCOWlting received from the landloff:l. The tenant may send a written response disputing any items to the surety. The surety cannot report a landlord's claim to a credit reporting agency unless the surety first sues the tenant and obtains a judgment. How does a tenant prove that he paid a security deposit? The landlord is required to deliver to the tenant, upon his request, a signed written receipt for the security deposit (as well as for any other payments, including rent). NRS 118A.250 What if the landlord will not give the tenant a receipt for the security deposit? The tenant may refuse to make rent payments until the landlord provides the requested receipt. NRS l1SA.2S0 Must the landlord. return the security deposit? Not necessarily. The landlord may deduct from the security deposit such amounts as are necessary to:

• Remedy any default in the payment of the rent, • Repair damages to the premises caused by the tenant. other than "nonnal wear," • Pay the reasonable costs of cleaning the premises[ N�'S 1 i8A.242(t) and (5).' ..• - ___ - . _____ - _ .•.•. _ . w

What is "normal wear"? The kind of deterioration which occurs without negligence, carelessness or abuse of the premises:NRS' -��l� __ , . . . -- --

When must the landlord return the security deposit to the tenant? Upon termination of the tenancy by either party for any reason, including eviction, the landlord must return the deposit to the tenant, or provide an itemized written accoWlting showing how tbe deposit was disposed of, no later· than 30 days after the tennination of the tenancy. NRS 118A242(2) What trtbe landlord falls to return the security deposit within 30 days or the tenant disagrees with the way in which the sewrity deposit was used? The tenant may sue the landlord and request up to twice the amoWlt of the security deposit. A tenant who paid their deposit by purchasing a surety bond, a tenant who disagrees with the way in which the landlord used the security deposit may send a written respouse to the surety. If the tenant sends this response within 30 days after receiving an itemized written accoWlting from the landlord, the surety is not to report the l�dlord's claim to a credit reporting agency without first obtaining a judgment against the tenant

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TOl .4bJ59639-cl7b-tbtZ-gedB-cf4eJde FIOII: zachcollqhl1n 12-17-11 lD:4Zpm p. 4 of t·

What if the landlord sells the property or loses it in a foreclosure sale? A successor in interest (including a purchaser at a foreclosure sale) has the same obligations regarding the security deposit as the original landlord

Zach Coughlin, Esq.

817 N. Virginia St.1fl Reno, NV 89501 leI: 775 229 6737 fax: 949' 667 7402 [email protected] Nevada Bar No: 9473

Sincerely,

Zach Coughlin, Esq,

•• Notice" This mew.e and BccompaIU1o'g dotumcnh arC! CDYcrcd by the e!edrooh; CommunlcatioM PriDEl' Ad, 18 ILS.C, ii 2510.2$21, aod rna)' contain confidential Information Intended (or tbe $pcclfird Indlyldual (I) onl),. If

you arc pot the intended redOlent or an Dcent rupon31hlc for dcJlyerlnc it to the Intended recipient. you arc herehy notfOed that you baw rmb:ed tbm document In error and that an)' [eyiew, dlueml",Uop, COJ»'inc. or the takinc of

.ny peUon baud pn the conlmU of this InformatiOn bUridly prohibited. This DUg" h: coaffdrntfat, lntr0rWd. only for fbr oamtd "ciRirntfsi and llJQy contain fnloCJJJQtfon that is erivUn,d, gWoolY wqtj: pcqdurt or urmpt_

from djsdOl(l" undtr 90pllcgblc Iqw. If you qrc ogt th, lntfodtd "c/pjtatltl, YOU act npti(#td thqt any djsdgsurc,_ cgpying, djsttibutipn or qnv "tign WID or om/tud to be tczklD in rellan" gn lb. CDDtfDtJ Of &hit jnformgtion Is_

orqbjbitfd and may b« unlawful. If vou ,,«iV' this mnH" in «rroc, gr gor not eM nqmrd Cldpltnt(s), pI"," ngtify th, saotke. "Cd_ &hU "Nil frpm ygur cornoWr, and c#rstcqy any CORfu in GOY 'qan fmawdiat«lv, R'''iRt

by anyon' Reb« than thr oamrd rrciei.ntfs) Is aot 9 WR1Ylc ofony attocon ·clImt. work prpduct, or oth". qpP/IC]lbl, DCfyU., •.

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r!l r:: o r; _l.::' •

11 NOV -1 �HIO: 52 IN THE RENO JUSTICE COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF W ASHOE STEVE�TU-�T E �I . RENO JU� E ." ,., :/." I . ,:,.., Of

Matt Merliss

PLAINTIFF v.

Zachary Barker Coughlin

DEFENDANT

STATE DF NEVADA ) } SI:

COUNTY OF WASHOE }

) ) ) ) ) ) )

CivtJ File Number: 1��J461 OHUn .. --

CASE No. REV20IIOOI108

AF'F'IDA VIT OF SERVICE

Joba l\bcben, being first duly swam, deposes and says: That affiant is. citizen of the United States. over

18 years of age, not a patty to the within cnt� action. I1nd thai in Ihe County of Washoe, State ofNcvada, personally

served the described documents upon:

P�cd: Zachary Barker COUihiin

Location:

0 .. " 121 River Rock Street Reno, NV 89501

111112011 Time: 4:30PM

The doc:ument(s) saved were: EVICTION ORDER: FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR SUMMARY EVICTION; ORDER REQUIR.lNG INSPECTION OF REAL PROPERTY

Richard 0 Hill Esq

PO Box 2551 6S2 Forat Street Reno, NV 89505

SUBSCRIBED AND SWORN 10 me before me mis

.:::> ...t,t .. ) day or 20lL

a l 'l .... \ .... ' NOTARY PUBLIC in IlI1 ror Slid SUite orNewda.. Counry or W:lShoe

MICHAEL HALEV, SHERIFF

;; DEFENDANT'S

I 718rT

911 PARR BOULEVARD RENO, NV 89512-1000 (775) 328-3310

i I I' I I

RICHARD G. HILL rhl/J@rlchardhll/aw.c.om

CASEY D. BAKER [email protected]

SALLY S. GALLAGHER, Lego/ Assb/anl sgol/ogher@rld!ardhtnow.com

SHERRI L. HILL, Legal hsJstont shJIl@rld!ordhllfow.c.om

KAREJII A N1EJ...SEN, Lego/.AssWDnl ImIe/[email protected]

ORIGINAL BY U.S. MAIL

652 Forest Street Reno, Nevodo 89509 Post Office Box 25�1

Reno, Neuado 89505

COPY BY EMAIL ([email protected]

Zachary Coughlin c/o Silver Dollar Motor Lodge 817 North Virginia Street, Ste. 2 Reno, Nevada 89501

(7751_ FAX (775) S48-D858

UJww.rlchordhUku.u.CCJm .

December 2, 2011

Re: Disposal of personal property left at 1?1 River Rock, Reno, Nevada

Dear Mr. Coughlin:

This letter is sent to you for all purposes contemplated by NRS 118A.460. A copy of that statute is enclosed for your reference.

More than 3P 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 YOll. to do so. You have failed to bring the matter on for a hearing as provided in that statute; despite your opportunity to do so.

.

Because you refused to communicate or cooperatewitbthecourt, tbetimefor a hearing pursuant to NRS 118A.46o(2) bas now expired, and your Motion to Contest Personal Property lien, filed on·November 16,2011, is stale. As such, Dr. Merliss is not under any obUgation to allow you to redeem your personal property, on any conditions.

� DEFENDANT'S

f EXHIBIT

't------

Letter to Zachary Coughlin Re: Re: Disposal of personal property left: at 121 River Rock, Reno, Nevada December 2,2011 Page 20(3

Nevertheless, Dr. Merliss is still willing to work with you so that you can redeem your property. The tenns 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. 2011, a copy of which is enclosed herewith, with the following 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, 2011. Subject to your full compliance with 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 your choosing, and expire at 4:45 p.m. that same day. Your access will berestricted to weekdays, only (i.e. MODdaythrough Friday, no weekends). 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 DO 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. HiD's email still applies. In addition, your payment must include the $1,060 already incurred to secure the property after your repeated break�ins, plus any other sums that may be incuned in that regard in the interim, When you let me know when you wish to remove your property, I will provide you with a total.

3. You must also provide, also at least 24 bours in advance, proof that you have adequate manpower and vehicular means to move your goods. That means a verifiable reservation or receipt for a Uhaul or similar vebicle. Given the sheer volume of your belongings, a pickup truck will not be considered adequate.

4. All other terms afMr. Hill's email. enclosed herewith, remain the same. That includes the signatures of you and your agents. as described in that email. Those 'signatures must also be delivered at the same time as your payment and proof of vehicle arrangements.

If you have not made appropriate arrangements with our office, and removed your things by Monday. December 19. 2.011, Dr. MerIiss will dispose of all personal property left on the premises sometime after that date. We anticipate that those items with sufficient value to justify processing will be sold ata "yard sale"typeproceeding. Those items without. sufficient value �ll simply be discarded. Dr. Merliss will likely credit bid on some items.

Letter to Zachary Coughlin . Re: Re: Disposal of personal property left at 121 River Rock, Reno, Nevada December 2, 2011 Page 2of3

In the meantime, you do D.Q1 have permission to go on the River Rock property, for mY reason.

It is up to you how you wish to proceed. May we please bear from you?

Sincerely.

0:':P.:;: Encl. - NRS 118A.460 - Email dated November 25. 2011

Cc: Dr. Merliss

. . ... ·Printed on: 12/2/2011

NRS 118AA60 Procedure for disposal of personal ptoperty abandoned or left on prenpses.

: I.·· The landlord may dispose of p�nal property abandoned on the: premises by � fonner tenant or left on.the :··PtetmSes:·after eviction of the tenant without incurring civil or criminal liability in the rollowing manner: ..

(a) Th� landlord shall reasonably provide for the· safe storag·c of the property for 30 days after the ab:aiido� . , OJ e�iction or the end of the renul period ·and may charge �d·collect the reasonable aDd actual costs bf inventory. moving and slQrage before releasing the property to the tenant or his or her authorized repr�entative rightfully

: .. c!aiDiing thc property within that pmod. 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. au; landlord may disjxlse of the propertY and. recover·� or her . reasopable costs out of the property or the value thereof if Che laJidlord has made reason.a�rc efforts to locate the

.. : �Jiant. b.as notified the tenant in writing of ws or her" intention to dispose or"tbe property and 14· clays bave elapsed .' sin·ce the notice was given to the tenant. The notice 11UlSt be mailed to the tenant at the tenanfa present addiess, and if

: Oat ad�ess is unknown, then at th·e tenant's last known address. . . .

. (c) VebicJes must be dispomJ"o{ in the manneiprovided in chapter �87 dfNRS for abandoned vehicles. 2� Any dispute relating to the aiJ))unt of the costs claimCd by the landlord pW"SUant ·to para�h· <a) of;

. 'suBsection 1 may' be resolved using the procedure provided in subsectiOn TofNRS 40.253. ' .. (Added to NRS by 1977, 1341; A 1987, J240; 1995, 1855)

WEST PTJ8LlSBlNG co . . Landlord Ind Tenllllt_161(1)·161(3).

WES11J,WTOpic No. 233 • . CJ.�.l.Jmdlo'rd�Tcn""tPI1.

Printed from the· Official Nevada ·Law Library from the· Sou-rce"tM Copyright CI 2·011

'. ' . ;, .' . · .G�S8¥ Baker ..

:)-.... �.,. :: . . . ,From, . .. -sept . ':0; '.

· SubJeCt:

· '�original Message--

RJChard Hili [[email protected]] Frfday. November :25. :2011 7:49 AM . 'Casey Baker'; 'Matt MerlJss' FW: HERE'S THE DEAL

,From: Richard Hill [rnaDto;[email protected]] · SenttFlid,ay, November 25. 2011 7:49 AM . 1<Y.. �[email protected]' .

· Sfibject: HERE'S THE DEAL . ' . .

'. ' ', .' .: I . ..

. ...

" M'r: Co�gblin • 'these'are the terms ",noer which yo� will be alio�ed onto the'river rock property and into'the house for TODAY &·todayonly. . . ' . . . . . . . · . . :.;� �S ARE liar OPEN TO NEG<inA'I10N - AT ALL . . '

. . . � , 1:-�u-.8;8.id.you had cashier's checks to pay for the lien fees. They must be p'ayable to me and drawn on It recognizable lOcal

bank.· . ' . . . , . t{not, then: �sb, but that complicates things. and that cUts intO:Your time. ' . !,

, '-!Jl)e a)no�tis $1,060 for the ne�sary repairs to secure the property after your repeated break-ins. '.AlSo, $30'/dayfor storage. Today is the 25. that means you pay for 24 days ( $30 x 24:; $720) TOTAL -$1,7�O. we .

: U:D��rsfand .that you contest the lien.

" 2- me above figure takes you at· your word that you will use your best effolU to remove as much of yom pro� fro� th� · .preJ!li5es as pOssible today. If you make reasonable progress .. reasonable accommodations wiD be made to aDowyou' ':.' ·fU��·access. .'

.. ··�i�9i4'oftbe s�uritypOints at the home are to be disturbed .AT ALL. . " " . " :'-:niIS SEECIFICALLY MEANS TJ:lATTHE BOARDS ON.THE BACK PORCH REM,AlN & ARE NOT TAMPERIW WITH,

·.�0VED. OR cOMPROMISED IN ANYWAY. ' .. '4�'y'oU will have YOU! crew and vehicle fort;ran.sport of your goods there at : ·9·.Il:m:No crew or inadequate vebicle· n'o deal. . - . ", 'YoUr &: your agents' authorization to be at the property exPir� at 4:45P,m.

;TODAY:Tiial means that"you and they will,.be·gone by that time. . � YQji'&'��, agr.ee: not to co�e back to the pI'Qpe.� without.l?nor autho�tj.o',1. . . , ' . .

� r()U �d,your agents will pnnt yoUr names.and Sign 8r: date a copy of this email which Will be given to me BEFORE you get · b:i.tothehotLse . \ ': j , .

. ' .5�lN" SIGNING BELOW, Y<;>U � YOURAGEN'l'$.HEREBYJm.F.ASE DR MERlJSS (HIS'TRU�, ME&: MY'FIRM, IN .. ADVANCE, fROM ANY AND ALL INJURIllS,fROM ANY SD=E &OF f.NY KJND, ARISING OUf"OFYOUROR . ,: .. THEIR r.RE$ENC� ON"THE PROPERTY.TOOAY OR 'IN T.fI� FUTURE ( ASSUMING FllTURE Atml9�T,lON FOR . ·ilAMEi_ YOU;PERSbNALtY, AGREE TO"INDEMNIFY US fROM ANY SUCH LOSS, cosr OR DAMAOE, INCLUDING ,FEes. . . ' , c·

, ' .. . � ;. ·B��imriNG .iJELOW, YOU AGREE'TO ALL OF niE FOREGOING'

PRl!IT NAMES · ·DATE

SIGN

,.

. .. . \ . .

. . .

. . .

.

l'JDalJy, your computer &: 2 laptops, tMt were previously placed ip. storage, will be released when your 'compliance with·the fore,l!;oing has been verified. . \ ' . : " ", , �.' 'Pl� 'Op�firm yo�r agreement I: l)o� treed to'have the cops there?? . ' . .

.

. , '

.

' ..

,

. " ' I' , .

...

. , . :'CONnoENTiAL: ATro'RNEYWORK PRODU.CT; ATl'ORNEY·,CLIENT PRIVILEGE This e-mail may contain legally: pz:}vileged or confidential information. !fyou, Bre',notthe intended recipient, please: do not read, cOpy, use, or disclos'e this

·ctipun\lntc�tion \0' anyon� other than the inten�ed recipient If you have received this message iii. error; please notify the 'stn'der and delete the email message from your system. Thank you. ':.

. .

.

" , '¥u1�,r �'o Notice, " " : '

,

'

:

.' , 'TO''eusure cbmplianee with: requirements imposed by the IRS, we infumt you'that any U,S. federal tax advice contained in :.tbis' ooIilplurucaUoil (including'any attachments).i.s not intended,or written to be used, and cannot be us,cd. for the purp9Se ,¢{J)'avoiding penalties underthe'Intental ReVenue Code 01' " ' . , . . {jj),promoting, marketing or �mmending to another party jny trllf!S8�tidn or matter addressed herein. '

. "�' ,I '

:.--"-�No vjrUs fowi.iJ. in this message. .

, '

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... Hotmail Print Message

RE: Our conversation From: Zach Coughlin (zachcoughlin@hotmai[.com) Sent Mon l1/21/ll 3:13 PM To: [email protected]; cdbak:[email protected]; [email protected]

Dear RJC, Ms. Stancil:

Please note that my temporary address ror now is: Zach Coughlin, Esq. c/o Silver Dollar Motel 817 N. Virginia St, Unit # 2 Reno, NV 89501

Pagelor3

I do have a faxnurnber, but! would prefer if you didn't use it because it is somewhat tied to the computers that Richard Hill is applying what I believe to be an unlawful rent distraint to.

I don't really have a reliable temporary phone number. Richard Hill refuses to give me back my state issued identification, wallet, cell phone, keys, etc. (I also need my client files very badly, for their sake and mine).

Dear Mr. 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 condiliCO' 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 applicabre t o the matter __ What rules apply to procedural notice requirements in these cases? Nothing in JCRRT according to JeRRT Rule 2, not much found in NRS 40 or uSa. JeRCP R 83 foroids the �house rules- that you seek to take advantage of, where they are neither published nor approved by the NV S. CL_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 fOf' my standing in pubHc 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. J. know, you are so used to some people bending over backwards to help you get things done' quickly thatyou:get all crabby and tuckered out when you actually have to role up your sleeves and do work. But, just relax. get yourself ajuicebox and a lunchable or something, and tak.e it one thing at a time_Jike 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 nJle� of the RIC, 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 orto fail to follow the notice of inspection provisions he agree to in writing i.n the lease Agreement

• HotmaiJ Print Message Page2of3

Again, I have a standing caveat in this case that! 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.

Zacb COllghlib. Esq. 121 River Rock Sl ReDO, NY 89501 7753388118 LlceDJed ill NCYad •

•• Notice·· lbis message sod aocompanyiDg documents are covered by thr: electronic CommurUcatioos Privacy Act, 18 U.S.C. §§ 2S1�2S21�aul may c:cntainc0n6dcn1ial infonnation intended for the specified individuaJ (5) only. If you are Dol the intcDdcd recipient 0(" aD agent mspoDSlDIo CO!' delMriog it to the intcndod n:<:ipient. you arc hereby notified that you have reeeivecl this dooumcm ira emJI" and that any review, dissemination. coPY-ina, or the taking of any actioo based on the COUle1ds of this infOnnalion is strictly probibital. Thfl tnftSCIs-" f. conffdenrial, Intended only for r".·ntmJft/'recfl1fent(s, tmil maycontcrin·jtfomutkm thelt is prlvilepd. attorney work prod,," or ex.mpt from dlsdrnunt'Ultlhr/JPplicobl.lcrw. if YOUQn not u. imndH rwcipient(.), you (IAI f'IOt1f1.,-j that any dIJC/�. copyt"" distribution or anyoctfon tabnor amftt«l ftJ bit mud In rwlfarr. on ttw cont.nts of this infomJation Is prvhi1)1tft1 mtd nway" urtIawfuf-If)GI racriw thfs __ aoJ'W in .nw. or are not tM ncuned recfpWI8t(s). pt� notifY·Uw .... ,. . ... tw CIds�" '""" ,.xrcompcltwr, and d.stroy any copin 'nany (ormJu ... dirbt'ly_ R«afpt'by tmyOfW othff tftcm U. rgnftl recipwnt(s) is not 0 _iwrof any CI�'''nt, wcd·pnxluct. orotlwr�pp4ic4b1. pr.ivfr .....

> From: rhill@richardhillaw,com > To; zachcoughlin@hotmail,com ). CC: cdbaker®richardhillaw.com ). Subject Our conversation ). Date: Mon,21 Nov 2011 14:23:24-0BOO > > 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 hearingls.on calendar, caU me back. & we > will have a substantive conversation > > r 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 > > CONFIDENTIAL: ATIORNEYWORK PRODUG; ATIORNEY-CUENT PRlVIlEGE > 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, pfease notify the sender and delete > the email message from your system. Thank. you. >

;. Hotmail Print Message

)0 Circular 230 Notice. ,. To ensure compliance with requirements imposed by the IRS, we inform you )0 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_V) avoidfng penalties under the IntemaI Revenue Code or )0 Oil promoting, marketing or recommending to another party any transaction > 'or matter addressed herein. >

Page 3 of3

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DATE: I:lreu",bu 16, 2011 TO: Cuq Babr, Erq. FAX NO: T7S'" 0858 To: Reao Mua>clpal Court Fax: T7S S25 6115 Nwaba-of pas ... lAd....u...: GIft" d.eot: 2 O�wiD_WOW.

ZIw::l £=¢h Fs 817N. Virginia SI. #2

Reno, NV 89501 tel: n5 229�737 fax: 949 667 7402

[email protected] Nevada Bar No: 947�

FAX COVEll SHEEr

RE:. M. Media V. Z. Coughlin RJC Rev2011...()()1708

I i! DEFENDANTS

I "IT

I (

:

December 16"', 20 II

z.d. c..,"". "", 817 N. VirzUlia SL fl

Reao. NV 89501 Td: pleue....Jy commUDic:llle In wrltill,

Fu: 94!l6i>7140l .LkeDScd ia Ne..da, NY Bar No: 9473

Dear Judge Sferrazza and Reno Justice Court,

Please find following this letter a copy of Casey Baker, Esq's written communication to me admitting that the 121 River'Rock St. location has been' broken into and that items of my property (and, likely, my law practice's client's property) have been stolen and'''rifled'' through.

I cannot imagine how it is that Mr. Baker and Mr. Hill can appear before the court and assert a lien on property that was stolen, may have been stolen; and or may have been stolen as a direct result of Baker and Hill's negligence in simultaneously applying an tmlawful rent distraint disguised as "securing" the location (a contractor bill for $1,060, which includes a notation that they bill is, in part for fixing a "leak in the basement", which is is no way associated with reasonable "storage; moving, and inventorying costs'') while also continuing to leave a window unit air conditioner in' place, not bolted in or secured by anything other than' duct tape and the clamping effect of the sliding window pushed down on it while also continuing to refuse to heed my numerous written warnings (also included below) that they should, preferably take the window unit air conditioner out of the window and lock the window, or at least place a strong stick in between the top of the sill and top of the sliding window pain that abuts the window unit air conditioner.'

I ask that I be allowed an emergenc inspection of the property at the least, that Hill and Baker be required to, free of charge; provide any inventorying they have' done so far, comparing before and after the break in Baker

2

describes as occurring on or around December 12, 2011, or better, yet, give me acces to all of my belongings and just hope I forget about all of the transgression of a most egregious order that have been perpetrated against me in this matter.

.

Sincerely.

Zach Coughlin, Esq.

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· . . Hotmail Print Message

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121 River Rock From: casey Baker ([email protected])

�ent Wed 12/14/111:51 PM To: [email protected]

Cc 'Richard Hill' ([email protected])

Mr. Coughlin:

Page 1 of1

The River Rock property has been broken into. We believe the break-in occurred sometime'on Monday. December 12, �Oll. There appear to be items missing. including the 1V in the living room, perhaps a computer morutar, and perbaps some stereo equipment. I can't tell what else. The contents af the residence appear to have been rifled throUgh.

I am providing you with this information as a courtesy. This email does Nor constitute pennissian for you to go to the River Rock property.

Casey D. Baker, Esq.

Richard G. Hill. Chartered

652 Forest Street

Reno, Nevada 89509

Phone: (775) 348-0888

Fax: (m) 348-0858

Email: [email protected]

TbiJ: e-maillDl)' __ lcpU,. piYl� Of _r� fnfonniliOll. Itrou .... 1'Ot IbII w.rdtd ta:ip� p\CQO do IlOl _. cop)I. va, ordiscloM this comrnuaic:aliDllIO Vlyone OIMJ than !be inrencled .wpiall. l(youhl"" recc:iwd \his messaae in mot, please no�ry IIIe smkr IIId ddelc!be anail rnc:sage m.m )'0 .... 1)'- Thank ro-.

Cin:ular 230NoIic�

To ensure compliance wilh R!quircmcnll imposed � the IRS, WI: infOrm yo� 1IIIt any U.S. rcderallaX adviu (:Onlained In lhit o;ommun;"'!ign (�htdi"i any .uaclllnenrs) Is IlOIlrucndcd 01' ""rillen 10 be used, and cannot be used, ror!he PIIJP05e or(i) avoid'na per>altia UIIder !he in!CnW bYaluc Code or (ii) promoIing, man:clinJ or RCIInvnendirc 10 &IICIIber pany III)' III1ISKIIon or ItIIIICr add�ued hcmn.

Hotmail Print Message

denied filing From: Zach Coughlin ([email protected]) Sent: Wed 11/23/11 3:30 PM

To: [email protected]; stottle@wa�hoecounty.us

Dear Mr. Tunle and Ms.. Stancil,

Page 1 of 1

1 walked into the filing office yesterday at 4:56 pm, offidal PST time, and approached the counter to file a number of documents and pay a fee. Initially the derlc took my documents, but several minutes later Mr. Sexton came over and grunted out his legal opinion about the Whitman and Sullivan cases vis a vis Nevada blade letter law on filing office derk's duties and told me to reave. The derfc refused to even mark my documents as received or otherwise validate my attempts to access justice.

� DEFENDANT'S

I :<rr

�J. t>' . • . , .�


RE: 121 River Rock

From: lach .Coughlin ([email protected]) Sent Wed 12/14/113:43 PM To: [email protected]; [email protected];[email protected]

Dear Mr. Baker,

Page I of2

I drove by the property recently and saw you had added boarding up the front door on very. very recently. Unfortunately, your client and your firm. despite billing up some $1,060 for �securing· the property on top of Charging $900 for storage for what could fit inside a 10x20 foot storage shed, never once providing an inventory, and contributing to a wrongful arrest and defamation causing me and my dients great damage, failed to take even basic steps to secure the property, despite my making numerous written requests that you do so, including, but not limited to. taking the damn window unit air conditioner out of the window fating the sidewalk on the side of the house very close to the damn Lakemililodge. or even putting a strong stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and pushing the window up to gain access. Further. a blanket that was on the orange circular couch is clearly in the

flower bed in front of the house. Additioflally, there are reports that someone with your office gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada licensed business located at the property) and an expensive mattress platform has clearly been damaged and placed in the flower bed as well. in addition to one of the wooden porch shades being removed from the front porch. You a�d your client are, of course, liable for all of this.

Sincerely.

zach Coughlin. Esq.

817 N. Virginia 81. #2

Reno, NV 89501

fax: 949 6677402

[email protected]

Nevada Bar No: 9473

•• Notice·· This message and accompanying documents are covered by the electronic Communications Privacy Act. 18 U.S.C. §§ 2510-2521, and may contain confidential infonnation intended for the specified individual ($) only. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you arc hereby notified thai you have received this document in error and that any review, dissemination, copying, or the taking or any action based on the contents ormis InCannation is strictly prohibited. This m.S$4!l� is confidential, intendtld only for the named rKip/flot(s) and may contoin Informotion that is privilegfld, ottorn.y worle product or exempt from dlsclowre under applicable law. If you ore not the intend" recipie(lt(s), you are notl/itld that any disclosure, copying, distribution or any action taken or omitted to be tak�n in rellanc� on tIw cont�nts of this Information Is prohibited and may be unlaW/ul. If you rf!Cd� this messas- in .rror, or are not (h. nDl'Md �cjpient(s), pleQs� notify the send.r, defete this e-mail from your computer, and d.stroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) Is not a waive-r of erny .. tto�...,y-clf.nt, work product, o� oth .. � ofJ(1licQble Dr/vil.rul.

1'l/1.cnnl1

.. . Hotmail Print Message

From: [email protected] To: [email protected] CC: [email protected] Subject 121 River Rock Date: Wed, 14 Dec 201113:50:02 -0800

Mr. Coughlin:

Page2 of2

The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appearto be items missing, including thtl TV in the living room, perhaps a computer monitor. and perbaps some stereo equipment. I can't tell what else. The contents of the residence appear to have been rifled through.

I am providing you with this information as a courtesy. nus email does Nor constitute permission for you to go to the River Rock property.

Casey D. Baker. Esq.

Richard G. HiD. Chartered

652 Forest Street

Reno, Nevada 89509

Phone: (775)348-0888

Email: [email protected]

CONFIDENIlAL: ATl'ORNBY WORX PROOUCT; A1T'OR.NEV-<l.tan' PRIVll..£G£ This e-mail ..... 1con1&i11Iep1lYprivileatdoreonlidmlialW.ormlllOll.lf..aullft:nol1belnlendcclncipi ..... lII_ do not ... OOFf. usc., or discl_1tUs camlllllicariolllO IIII)'OIIe oclICf thin IlIe InlenCled recip/mt. Ir)'CMI ,,-"w tecdwd IIriJ ItIe$SI&C ia mw, pIc$ DOIi� the Rnderard delete IIIc emW mcssa;e from )'01' II)'Sfem. Thank ),0'" Circul. 230 NoIiu. To eftSIR «N1IpIiatw;c with �umlllCn" imposN br 1M IRS, 'W rnfocm you tlllllll)' U.s. fcdetallD: advkc con�1rIod In Ibis CDIIIm� (induding ally aNo:hmcW) IJ 001 inteJOdld or wrillen 10 be uso:l,&IId l*\I'IOI be IISOCI, fortbe pwpote ot(i) a.oidin.8 ... ...rlies ....xr the InlcnW R<:WfMIC Code or (Ii) promoIin,.lIIIfttlillj Of Ralnomcndl", to another I*IY "'111aris1ctio<1 or IlUtIe1' Iddn:sscd hemn.

, ' .. ' Hotmail Print Message

Re: FlUNG READY SANCTION MOTION ATTACHED; .

DEMAND FOR RETURN OF PROPERTY

From: Richard Hill (rhill @richardhi1law.co m) Sent Thu 11/24/11 2:32 PM To: <[email protected]> (za chco ughlin @hot mail.co m)

call at 9 in the morning. Have your money & your crew ready.

Page 1 of5

Please confirm your representation that you will be removing all of your possessions, and will have them out of t he house by 5. No representation, no deal!

Sent fro m my iPhone probably while diving_ RGH

On Nov 24, 2011, at 1:55 PM, Zach Coughlin <[email protected]> wrote:

Mr. Hili,

Though I have previously be very clear in this regard, I will do so again in wrltlng here. I want all of the property at 121 River R� St. 89501 that belongs to nie. Immediately, This Includes property both imide, outslde, above, beneath. and within the house. I am not abandoning any of the property. r have made no indication that I have any intent to do so, despite you attempts at screen writing In your various hunt and pec� 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. 1Ii:le the incredible liabilities you are exposing both to by getting your ego involved and obstructing the protection of another ICN.IY'!r's client's rights by applying an unlawful rent distraint). You are �nO'.lJn to have an ¢ensive Porsche colled:ion. one to motch your stone washed jeans. one to bring out the color of your eyes, etc., etc. I don't I:Inow why some people say Porches are for a MCorvette Guy" who has picl:led up some heavy pretensiOns throughout: his private schooling. What does that mean? AnyuJavs, I have a moving trailer and two other large men in addition to myself to help me move my property and my dient's property. I hove a money order payable to you for $750 for what you allege are Mreasonable storage cosb". Further, I have a money order payable to you for $1060 for what you allege are contractors charges for -securing" the property- (how that fib Into NRS 118A.460's allowance of reasonable com for storage, moving, and inventory you have never made . dear _.One would thlnb such and outsized -storage charge- os your charging $900 for what could fit In a 10XlS storage shed at $100 would Include any "securingN, however, you apparently feel comfortable enough In front of Judge Sferrazza to even more outlandish arguments, on top of your associate Casey BoJ:Mr, Esq.'s professional misconduct In attempting. to steal $2.275, the further malfeasance demonstrated in submitting a Memorandum of Fees and Cosb asbing for $20.oo0f( in attorneys fees (despite the preclusive effed: of the previous order In Rev20110-o01492 denying the exact charges. date for date hour for hour, that were previously SOUght) based upon a section of NRS 40

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DEFENOJlNT'S

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1?J17n.1I1

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applied only to situations where the manufacture of controlled substances was aUeged 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 JCRCP 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 Offidal Change of Address with the United States PostoJ Service. however. there Is limaly some period of time that mail was delivered to 121 River Rocb during which the USPS wen processing the request. It is my undentandlng 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 lihely very time sensitive documents related to exigent client matters. Further, you "imtructlon"·to have a -dumpster" parI:led at the property runs contrary to your demand that I not be at the property or on tt 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 contentJon. I believe I have demonstrated compliance with all your dubious conditions to aI/owing me access to my property Further, I herein reiterate and apply retrospectively and prospedlvely !1lY stated practice of not responding to each and every allegation you maRe. whether In writing or otherwise. whether alleging a civil or criminal violation. any any silence on my part or lacll of response Is not to be ta�n os on admission or admowledgment of whatever assertion or allegations you may hove made against me. ru I expected. you have remained suspiciously silent wlth regard to proukfing verification or details relQted to your highly suwed and dubiously time allegations of a ;'O"Ocb pipe and bag of weed" being somewhere on the properw-. Vou are reminded that it may be the most Intelligent of assumptions on your port 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 assumptlon to mal:re, especially for someone lihe younelf who tends to get rather -creative- when facing more than the typical IOCR of opposition shown by so many pro se tenant litigants. Vour reputation precedes you. Mr. Hili. Such dubious -O"OCR pipe and a bag of weed" assertions on your port smell of extortion Incident to your cheap Imagination and attempts to arrange for litigation In Justice Court to be even more convenient for you and your finn than it already is. Please respond in writing and immediately as this Is an emergency. Further, It Is not at 01/ dear how It was appropriate for the court to retain my $2,.275 as a supersedeos/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 stili your contention? Additionally, the recent bill for "securing" the property from your contrador 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 pradlce equipment) mentions stopping a lea� to the basement. Please explain how that relates In any way to "securing- the property or Is at all allowable under NRS 1l8A.460 or any other low. 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 slmllarly ... 11 ......... hl ........ h..,. •• �v ... I ... ' .............. ....-.- � .... ' ........ 11 .......A "--. a..-.� �I�_ � ... """' ••

httn·llhvl4Rw h"1V14R mlloillivfI\ I".nm/mlloillPrintM"'to:to:IIoO'AA un't/?I".niti�RQIIo?440_I"f'r ... llf'l 1?/17nnll

.' " Hotmail Print Message Page 3 of 5

on 11116/11 is not redundant or unwarranted given that the lodn were changed at the time of the lodiout. Basically, It appears your contrador and you are attempting to have the C04Jrt award you an unlawful rent distraint of $1060 for nailing some plyvJood boards over the boeR porch screens, whUe. 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 fating the street hekt in place by nothing more than the window belntg dosed down on top of It and some duct tape. You and your contrcctor failed to even wedge a stieR 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 V/lndow to gain entry. There Is no indkation of the amount of hours or number of worben who perfonned this worR. alleging it com $l060 .... Peroops there exisb some videO footage showing how many women were there and for how long. Further, In the proposed Order your associate acmer submitted on Odober Zl, 20n. even J�ge 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 perfonn the Iocl:lout to be Mnot later than Odober 31st 20nM rather than what Judge SfemlZZa announced fann. the bench and subsequently made an Interlineation In the Order reflecting, ,crossing oul: -later" and entering earlier and adding -at 5:00 pm".

Mr. Hill, your ominous reference to Jordan v. State, in combination with Reno Police Department Pollee Officer Carter's statements that you pay him a lot of money and In exchange he will alT'eSt who ,you soy to and do what you soy to, in conjunction with some other accusation that I will spare you and othen at this time. when viewed with Bal:ler's attempts to steal $2..275 from me, your returning to the Inside of you" office with Sargent Tarter and the other RPD OffIcer after they told me to leave and that I would only be afforded avenues of dvll redress as for as they were concemce, only to see Sargent Tarter pull me over in my vehlde a short time later. and retaliate against me for asserting my right to. access justice without paying a subsaiption 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. Vour ominous and thinly vened threats related to citing Jordan v. State and your other misconduct iovobe:' If

Maintaining The Integrity Of The Profession 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;

Cd) engage in conduct that is prejudicial to the administration of justice; _

'. '. . Hobnail Print Message Page 4 ofS

(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 roles of judicial conduct or other law.M

Please divulge and campaign contributions you have made to Judge Sferrazza at anytime in the last 20 years, any business dealings you have with Judge Sferrazza or other matters invoked by anything related to the Nevada Code of Judicial Conduct.. the Rules of Professional Responsibitity. any any other applicable law.

Your "paratgraph #4M Is Incluc;1ed below for your reference:

"4· you can get your possessions out ANVTlME. BUT ONLY ON THE FOLLOWINC CONOmONS, a� you owe & must pay, In cash, $30 per day ($900/30" $30)stcirting November t, 20ft. for storage. there is no requirement that we move your stuff. you pidl 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 fadlfty. however. while the rent might be cheaper, the total would be far more than just leaving It where YOU LEFT IT. we ore mitigating your damages. and actually mak!ing It cheaper for you to get your stuff released from the statutory lien. b- because of your repeated breaR-lns. 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 proceu of getting you out when you were arrested. but. if you pay the other related cosh, we will recommend that Dr. Merllss waive the damaged door. c� you will NOT be allowed to tabe your computers & drugs and leave all the rest of the mass of junk! for us to dean up at the house. you need to cooperate.

d· you will need to demonstrate the finandal ability and adequate manpower to get substantially everything out in one day. we suggest that mearu 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 1�lng on all fronts.

if you want to mahe a proposaL put It in an email & send It boch. however. please k!eep 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 eledronically. please conflnn that you wiU Sign & return the original. that would be 0 good step on the t'QOd to Sincerity."

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•

Courtroom: Clerk:

IN THE mSTICE COURT OF RENO TOWNSHIP WASHOE COUNTY, STATE OF NEVADA

EVICTION DECISION AND ORDER J"

Motion to Contest Personal Property Lien

MATTHEW MERLISS . Landlord PONPO

·PO Represente : CASEY BAKER, ESQ ..

Ten ONPO

Tenant PONPO

Represented by: IN PRO PER

Date: DECEMBER 20, 2011 Time: 10:00 A.M. ludge: PETER I SFERRAZZA

ase Number: REV2011-001708 Department: 2

� Hearing Held. 6 Continued To: o No Appearance

o Under submission. o Other.

.

DECISION:

RELEASE OF LIABILITY , .

By signing below, � your agents here�y release Dr. Matthew Merliss, the

Matthew J. Merliss Living Trust, the law firm of Richard G. Hill, Chartered, Richard G.

Hill, Esq., and Casey D. Baker, Esq., in advance, from any and all injuries, from any

source and of any kind" arising out of your or their presence on the property at 121 River

Rock, Reno, Nevada, today or in the arne) �.f � You, personally. agree to indemnify the above from any such loss, cost or damage, a.r �� including fees. -\>,..(.,. 1,'1

.... � F't"� 0-�"->I-.f4

By signing below, you agree to all of the foregoing. � ,. :

Dated this __ day of December, 2011 •

. ,

t

ZACHAR�R COUGHLIN

' •. ' .• :. �I.:'" , . . .... .... . . ,

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1 0

1 5

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• F I L E D

1 1 DEC 2 1 PM 12: I 5 S TEVE TUTTLE

COURTBY

ouu ry



MATTHEW MERLISS,

Plaintiff/Landlord,

vs.

ZACHARY BARKER COUGHLIN,

Defendant/Tenant.

Case No. REV 201 1 -001 708

Dept. No. 2

ORDER RESOLVING MOTION TO CONTEST PERSONAL PROPERTY LIEN

Having considered the evidence presented to this point and the parties having

agreed to allow the Court to enter an order based on said evidence, the Court finds that $480.00

is fair and reasonable compensation for storage of the personal property of the Defendant for

the period of November 1 , 201 1 to November 16, 201 1 .

Based upon the foregoing, the Court hereby enters the following Order:

1 . That the Defendant, Zachary Coughlin, shall pay the sum of $480.00 in

certified funds to the Plaintiff at the Law Offices of Casey Baker on or before Wednesday,

December 2 1 , 201 1 at 4:00 p.m.

2. The Plaintiff shall have the right to videotape the premises from 9:00

a.m. to 5 :00 p.m. on Thursday, December 22, 20 1 1 and said video shall include personal and

real property; however, they shall not identify any personal information of any clients of the

- 1 -

Defendant's law practice. In addition, the Plaintiff, by his attorneys or other authorized

2 representative, shall have the right to videotape the property following the removal by the

3 Defendant of his personal property, which shall occur on or before 5 :00 p.m. on December 23,

4 201 1 . The purpose of the video is to determine whether there is any damage to the real or

5 personal property of the Plaintiff, which shall include all fixtures and appliances that belong to

6 the Plaintiff. In addition, the video shall be used to verify what property, i f any, is left on the

7 premises by the Defendant.

8 3 . Anything and everything left on the property after 5:00 p.m. on Friday,

9 December 23, 201 1 , may be disposed of by the Plaintiff in his sole discretion.

1 0 4 . Defendant shall have access to the property from 9:00 a.m. to 5 :00 p.m.

l I on Thursday, December 22, 20 1 1 , to videotape, i f he desires, the real and personal property and

1 2 to remove his property from the premises. In addition, the Defendant shall have from 9:00 a.m.

1 3 to 5 :00 p.m. on Friday, December 23, 20 1 1 to videotape and remove his property from the

1 4 premises. Access will be provided by a representative of the landlord, who will unlock the

1 5 property at 9:00 a.m. and lock the property at 5 :00 p.m. on both days.

1 6 5 . The Landlord shall have no liability for any injuries suffered by

1 7 Defendant or anyone else during said removal process, except for an intentional tort committed

1 8 by the Plaintiff or his representatives against the person o f the Defendant and, likewise, the

1 9 Defendant shall have no liability for any injury to the person of the Plaintiff or his agents,

20 except for an intentional tort by the Defendant. Further, anyone the Defendant authorizes to be

2 1 on the premises during the period Thursday, December 2Znd, from 9:00 a.m. to 5 :00 p.m. and

22 Friday, December 23rd, from 9:00 a.m. to 5 :00 p.m. shall sign the Release of Liability, attached

23 hereto as Exhibit A. If any third party is on the premises without signing the waiver, they shall

24 be trespassers and the Plaintiff or his agents can have them removed by law enforcement.

25 6. The Defendant shall not cause any damage to the real property or

26 personal property of the Plaintiff located at 1 2 1 River Rock, Reno, Nevada, from this date

- 2 -

forward. The Court will retain jurisdiction over the issue of any damages caused to the real

2 property or personal property of the landlord during the removal process.

3 7. The Defendant shall have no claim for damages with respect to missing

4 or damaged personal property at 1 2 1 River Rock, except for property identified by him, in

5 writing, by 1 1 :00 a.m. on Thursday, December 22, 201 1 by email to Mr. Baker, with a copy to

6 the Court. The Defendant reserves any other claims he has that may not involve his personal

7 property located at the premises to the extent legally allowed by statute or case law.

8 8. The Plaintiff reserves all claims of any nature including, but not limited

9 to, additional storage fees from November 1 7, 201 1 up until December 23, 201 1 , damages to

1 0 the property allegedly caused by the Defendant, disposal costs of any property left behind,

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- 3 -

___

RELEASE OF LIABILITY

By signing below, your agents hereby release Dr. Matthew Merliss, the Matthew J .

Merliss Living Trust, the law firm of Richard G. Hill, Chartered, Richard G. Hill, Esq., and

Casey D. Baker, Esq., in advance, from any and all injuries, from any source and of any kind,

arising out of your or their presence on the property at 1 2 1 River Rock, Reno, Nevada, today or

in the future (assuming future authorization for same), except those arising out of an intentional

tort by either party against the other. You, personally, agree to indemnify the above from any

such loss, cost or damage, including fees.

By signing below, you agree to all of the foregoing.

Dated this day of December, 20 1 1 .

Exhibit A

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• CERTIFICATE OF SERVICE

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3 Lori Townsend, certifies: (a) she is a citizen of the United States, over 1 8 years of

4

age, and not a party to the within action, and (b) that affiant served a copy of the attached on the

persons, at the addresses, on the date, and in the manner indicated below:

14 date hand delivered. date placed in county interoffice mail.

date hand delivered. 2 1

date placed in county interoffice mail.

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1 1

Name:1 2

Address to which

1 3 mailed/delivered:

December 2 1 , 201 1

1 6 December 2 1 , 201 1

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Name: 1 9 Address to which

mailed/delivered:

December 2 1 , 201 1 22

December 21 , 201 1

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LORI TOWNSEND, Secretary to PETER J. SFERRAZZA, Justice of the Peace Reno Justice Court, Department 2

Richard G. Hill, Esq. Casey D. Baker, Esq. 652 Forest Street Reno, NV 89509

date placed in comity mailing system for postage and deposit in U.S. mail. transmitted via facsimile to 775-348-0858

Zachary Barker Coughlin, Esq. 8 1 7 North Virginia Street Reno, NV 89501

date placed iIi county mailing system for postage and deposit in U.S. mail. transmitted via facsimile to 949-667-7402

'.

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Document Code: Zach Coughlin 817 N. Virginia St. #2 Reno, NY 89501 Tele: 775-229-6737 Fax: 949-667-7402

•

Pro per DefendantlTenantlCounterclaimant

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7

JUSTICE COURT RENO TOWNSHIP WASHOE COUNTY, NEVADA

8

9 MATT MERLISS, MD, ; MATTHEW J. MERLISS LIVING TRUST

10 Plaintiff, vs.

11

12 ZACHARY BARKER COUGHLIN; Defendant.

13

) ) ) ) ) ) ) )

GREEN ACTION LAWN SERVICE AND ITS) 14 OWNER NERY R MACAL-CRUZ; ) 15

DARLENE SHARPE, REALTOR., personally ) in and in her capacity as an employee of )

16 D1CKSON REALTY; DICKSON REALTY; ) NV ENERGY PUBLIC UTILITY

17 CORPORATION; NEVADA COURT SERVICES; JOEL DURDEN, individually and

18 n his capacity as a process server for 19 NEVADA COURT SERVICES.

Real Parties in 2 0 �terestlInterpled Third Parties

21

CASE NO: rev2011-001708

DEPT. NO: 2

Tenants Notice that No AlP'eement or Settlement was made or entered into by Tenant. and that December 21. 2011 Order of Court was an Order

22 Tenants Notice that No A&reement or Settlenient was made or entered into by Tenant. and tliat �

23 December 21. 2011 Order of Court was an Order

.

24 The undersignedhereby reserves all rights to file motions seeking to Amend, Vacate, Appeal, Set

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Aside or othe�se challenge this Court's December 21,2011 Order, including, but not limited to, any

interpretation that ''the parties having agree to alolow the Court to enter an order based on said

evidence ... ", especially where, Tenant clearly announced in open court he was not entering into any

114 Tenants Notice thatNo Alreement or Settlement was made or entered into by Tenant. and that December 21. 2011 Order of Court was an Order

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agreeing or authorizing an settlement, that he would not sign anything, that he retained all his rights

to appeal or otherwise move to correct, amend, etc. any order that would issue, that he waived none

of this rights, that no new jurisdictional basis or rights no existing under the law presently should be

created by any such Order, etc, and that the order should have a claim preclusion effect with regard to

any further attempts by Merliss, Baker or Hill to recover amounts addressed, by statute by a hearing

such as that held December 21, 2011, specifically as to any amounts for reasonable “storage moving

or inventorying” that exists at all, for any period of time whether before or after November 16th, 2011

and further that the undersigned was retaining any claim he may have to the return of the security

deposit in this matter, some $700 at least, and any offsets for any theft or damage to his property,

including consequential damages, and to that of anyone else's property at 121 River Rock ST 89501,

Coughlin's law office, and that no charges for inventorying shall issue as no inventory was ever

provided, and that the same shall be said for any moving charges, as no moving occurred, and that

Coughlin further retains his rights to seek redress for the inconvenience and expense associated with

the failure to put the hearing on calendar within 10 daysof the November 16, 2011 and for

inconvenience and any damages resulting from Merliss, Baker and Hills delays in returning both

Coughlin's, his clients, and others personal property, and any other claims, including that for the

damage deposit which Baker and Hill did not provide a written statement for within the time frame

required by law..


The undersigned does hereby affirm that the preceding document does not contain

the social security number of any person.

DATED this 21th day of December, 2011,

2/4 Tenants Notice that No Agreement or Settlement was made or entered into by Tenant, and that December 21, 2011 Order of Court was an Order

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_/s/ Zach Coughlin Zach CoughlinTenant/Counterclaimant/Appellant


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PROOF OF SERVICE

I, Zach Coughlin, declare:

On December 22, 2011, I, Mr. Zach Coughlin served the foregoing Tenants Notice that NoAgreement or Settlement was made or entered into by Tenant, and that December 21, 2011Order of Court was an Order by depoisting a true and correct copy for mailing in the United Statespostal mail to:

Richard G. Hill, Esq.Casey D. Baker, Esq.652 Forest StreetReno, NV 89509

Attorneys for Matthew Merliss

Dated this 22nd of December, 2011

-----------------------------Zach Coughlin Tenant


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Document Code: loch Coughlin 817 N. Virginia S1. #2 Reno, NV 89501 Tele: 775-229·6737 Fax: 949-667-7402

(

Pro per Defend.:mlfTenantlCountcrclaimant

(

�- I I r-. � _. ! '

11 rrc 22 1'1112: I 9

-'. I TLc -LjJ�v ... i:''':�CU-':if

['( ., . ' 1 '/' - - ,..,-' -- ... >," � ' '"l.,-' U,I t

JUSTICE COURT RENO TOWNSHIP WASHOE COUNTY. NEVADA

Arr MERLlSS, MD,; MATIHEW J. ) CASE NO: rcv2011-001708 ERLISS LIVING TRUST )

Pluimin·. ) DEPT. NO: 2 vs. )

) CHARY BARKER COUGHLIN: ) norice of posting supersedeas bond as set hy

Defendant. ) statute where i� my slayf request for

) suhmiltffion of all of tcnant's outstanding REEN ACTION LA WN SERVICE AND ITS) motion" WNER NER Y R MACAL-CRUZ; ) ARLENE SHARPE, REALTOR, personally )

n and in her capacity as an employee of ) ICKSON REALTY; DICKSON REALTY; ) V ENERGY PUBLIC UTILITY ORPORATION; NEVADA COURT ERVICES; JOEL DURDEN, individually and

n his capacity as a process server for EVADA COURT SERVICES.

Real Parties in 20 "{crest/Interpled Third Panics

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22 notice of posting supersedeas bond itS set by stalute where is my stllY

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The undersigned hereby deposited $250 with the Reno Justice COllrt, whereupon NRS 40.385

requires a stay be granted. unless the RJC wants to say Coughlin is a commercial tenant. in which

case, a Summary Eviction Proceeding was impermissible where only a No Cause Eviction at ice

1/6 notice of posting supcrscdus bond as sci bv !ilalule where is my ."Ilay

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was filed. IF there is ambiguity in the lease, summary judgment is not appropriate, issue of law and

fact not well suited to summary proceedings.

The undersigned NRS 40.380 Provisions governing appeals. Either party may, within 10 days,

appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the

judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice the

defendant’s undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the

court or justice, but which shall not be less than twice the amount of the judgment and costs, to the

effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will

pay the judgment and the cost of appeal, the value of the use and occupation of the property, and

damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal

and filing the undertaking, all further proceedings in the case shall be stayed.

[1911 CPA § 659; RL § 5601; NCL § 9148]

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to

pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:

1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing

with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action

concerning a lease of commercial property or any other property for which the monthly rent exceeds

2/6 notice of posting supersedeas bond as set by statute where is my stay

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$1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause,

order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond

submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the

surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served.

Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court

without independent action.

2. A tenant who retains possession of the premises that are the subject of the appeal during the

pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying

contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the

landlord may initiate new proceedings for a summary eviction by serving the tenant with a new

notice pursuant to NRS 40.253.

(Added to NRS by 1997, 3510)

NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases

of appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the

proceedings for want of form, provided the proceedings have been conducted substantially according

to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or

summons, in matters of form only, may be allowed by the court at any time before final judgment


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upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations

in the complaint may be given in evidence under the answer.

[1911 CPA § 660; RL § 5602; NCL § 9149]

NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and

Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they

are not inconsistent with the provisions of NRS 40.220 to 40.420, inclusive, apply to the proceedings

mentioned in those sections.

The undersigned hereby deposited $250 with the Reno Justice Court, whereupon NRS 40.385

requires a stay be granted, unless the RJC wants to say Coughlin is a commercial tenant, in which

case, a Summary Eviction Proceeding was impermissible where only a No Cause Eviction Notice



[1911 CPA § 661; RL § 5603; NCL § 9150]




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PROOF OF SERVICE


On December 22, 2011, I, Mr. Zach Coughlin served the foregoingnotice of postingsupersedeas bond as set by statute where is my stayby depoisting a true and correct copy formailing in the United States postal mail to:






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• FILED

11 DEC 22 PM 12: I 9 STEVE TUTTLE

REtW JUSTICE COURT

;. Be. 1Jii�14,

IN THE JU STICE COURT OF reno!..--_ _ ______ TOWNSHIP IN AND FOR THE COU NTY OF washoe ,STATE OF NE VADA

Name: Address:

Phone:

vs.

Name: Address:

Phone:

I

Matt Merliss and his Trus:..=....t 652 Forest St. Reno. NV_

Landlord/Plaintiff

Zach Coughlin, Esg. Ottio

Tenant/Defendant

CASE NO : rev2011- 001708

DEPT .NO:.�2 _ ______ _

NOTICE OF POSTING AND ACCEPTANCE OF SUPERSEDEAS/COST BOND ON APPEAL

WHE RE AS, the above -entitled Court issued a Judgment dated _O_ c

�to_ b_ e_r _2_7 ______ , 201.L orderi�g the eviction of Tenant from a no -

'. b.r a... Ct:;o'"'\l'"\(:!vc/9f o�) e.1-jt>eV I S commercial premises ""{with rent less than $1,000.00, an appeal wa filed on

23 • ( Novermber 3 , 201.L with appropriate fees or waiver�,e-e. 24

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NOW THEREFORE, Appellant __________ _ _

posts his Supersedeas/ Cost Bond in the amount of $ .... 2.,.50 .......... 00"'--__ _

NRS 40.385(1).

�It +5fidfta=�nt , Notice of Posting and Acceptance of

SupersedeaS/Cost Bond on Appeal

1 of 3

•

1 GREE TINGS TO SHERIFF/CO NSTABLE: 2 Pursuant to NRS 40.385( 1) , JCRCP 73A(a) referencing JCRCP 73, 3 Appellant may proceed and this Supersedeas/Cost Bond stays execution of the 4 appealed order of eviction unless otherwise ordered by the Court. 5

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DATED

Notice of Posting and Acceptance of Supersedeas/Cost Bond on Appeal

JU STICE OF THE PEACE

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•


Pursuant to NRCP 5(b) and JCRCP 5(b), I hereby certify that I am a non-party over the age of'18 years, and that on December 22 , 20-11-,

served a true and correct copy of the foregoing Casey Baker/Richard G. Hill. Esq.

(Name of document that was served)

addressed to:

Richard G. Hili. Esq. 652 Forest St. Reno. NV.

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

course of business.

(City and State), in the ordinary

19 1>4 BY FACSIMILE TO : �(7"-!.7�5.J.,..:.) 3�4.:..:.8:...:-0�8�5�8 _______ (FAX number). 20 � BY PERSO NAL SERVICE: I personally hand delivered the above-identified 21 document to the address/offices of the person named above. 22

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Notice of Posting and Acceptance of 9opersedeas/Cost Bond on Appeal

Zach Coughlin Print Name of Server

3 0f 3

Sferrazza. Pete

From: Sferrazza, Pete Sent: To: Cc:

Thursday, December 22, 2011 2:33 PM '[email protected]'; [email protected] Stancil, Karen

Subject: RE: inventory continued

Dear Mr Coughlin:

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

Pete Sferrazza

From: Zach Coughlin [mailto:[email protected]] Sent: Thursday, December 22,2011 12:09 PM To: Sferrazza, Pete; [email protected] Subject: inventory continued

Dear Judge Sferrazza and Mr. Baker, Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the hammer weighted action caslo 88 key PX 330 Is the model number, I believe, I will have to check ..•••.. Further, this Is all moot at this point as I have filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession. The statute sets the Supersedeas Bond (which yields a stay> at $250 if rent is under $1000. unless the Court wishes to rule that I am a commercial tenant. However, if the court does rule that I am a commercii .. tenant, the No Cause Eviction Notice in this case, ynder NRS 40.253 makes a Summary Eviction Proceeding impermissible. as Summary Eviction Proceedings are not allowed against commercial tenants where only a No cause Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order of December 21, 2011 Is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reflects that.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and Irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting the surety's liability upon the bond may be served. liability of a surety -' may be enforced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession of the premiSes that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.

Sincerely,

Zach Coughlin, Esq. 817 N. Virginia St. #2 Reno, NV 89501 tel: 775 229-6737 fax: 949 667 7402 [email protected]

1

Nevada Bar No: 9473 •

** 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.

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Docwnent Code: Zach Coughlin 817 N. Virginia St. #2 Reno, NV 8 95 01 Tele: 775- 229-6737 Fax: 949-667-7402

( (

11 DEC 22 PH 12: 1 9

Pro per oefendantrrenanticount

Jlaimant

ru T1CE COURT RENO TOWNSHIP i ASHOE COUNTY, NEVADA

TT MERLlSS, MD,; MATTHEW 1. ) CASE NO: rev20l l-00l7 08 RLlSS LIVING TRUST )

Plaintiff, ) DEPT. NO: 2 vs . )

) ACHARY BARKER COUGHL ,; )

Defendant. I' ) REEN ACTION LAWN SERVICk AND ITS � WNER NERY R MACAl

Dotice or Roslin, supenede.! bond as set by statute where is my staY! request for submission oran oftenlnt's Qutstandinc motions.

15 ARLENE SHARPE, REA

n and in her capacity as an I

ICKSON REALTY; DlO 16

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19

ENERGY PUBLIC UT ORPORATION; NEVAD. ERVICES; JOEL DURDE

his capacity as a process : V ADA COURT SERVIC

Rea 20 terestJlnterpled Third Part

21 Ir---------------22 notice of postiDg SUDenC(

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The undersigned hereby deposited S250 with the Reno Justice Court, whereupon NRS 40.3 85

requires a stay be granted, unless tht RJC wants to say Coughlin is a commercial tenant, in which

_'_�'_I" ;_""""'" N. """ �",oo,'''.

1/6 notice of postinl supeoeile" bOnd as set by statute wbere is my stay

I

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TOI 'ba$9�)9-cZ1b-4bt2-9!d8-cf4elde •

_ ... _. __ ._--

'--�' ·IV: c:uejBU:u, E.'I.. _ ... _._- -----.

FAX NO: 775 ,..8 o8S8

cc: Rt-no j .... tlu Court """ fI.x ID 71' � 671$ OrIgIotW wtlI .... t follow.

FrQlI llchcoughlin

7o<l """"'" � 817 N. Virginia St. #2

Reno, NV 89501 .. 1: 775 229-6737 fax: 949 667 7402

[email protected]

Nevada Bar No: 9473

1S page JU. (thia � phu: 14 P .... of _all. auached)

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J WAN'rTHE Urr c:F WI" I'I.OPEIa'I' AT 12;& aIVER IlOClt rI'i DO Ndr nDIIOW rr AW..mau AUO, YOU OWE toO! In SJ!C'UBITI' tJDOSft'. "YOm,.. DA:n 1'0 PRDVmE A WRrI'lEN .ACCOI.JN'nNI:J «BOW rrwAS UDIJ) lIAS P.ASSBD wrmOtTrTOUJI. POlNQ so. PAY WI! YI' f1!O DePOm' XMWEDlATlLT ORI WD.L TAKE U!GALACnON

Dear Mr. Baker, , I demand the retum of my $700 security deposit immediately. You and your client face penalties for your failure to provide a written accounting with itemizations related to the security deposit within 30 days of November I, 2011. You failed to do to, and now you must return the money to me, immediately. You and Mr. Hill interfered with my access to the property as detailed in the emails attached to this fax. Note the emails attached consist of 14 pages, despite the header on the emails indicating they are 30 pages, as I removed pages of"Ouitar Center" adds, etc. that were part of the attaclunent related to the Line 6 amplifier, for brevity's sake. Ijust need/want about 8-16, more

·hours

access to the property to get my property. The property was not damaged during the access provided on Thursday and Friday. December 22-23.2011, and much was removed. Please just let me get tbe rest of my property and do not incur any more needless liability on your client's behalf by refusing me this simple request.

Sincerely,

Zach CougWin, Esq.

1

invenotry of missing personal property continued: sony DCR-DVD610 with 8gb duo memory card

From: Zach Coughlin ([email protected])Sent: Sun 12/25/11 5:22 PMTo: [email protected]; [email protected]

Dear Judge Sferrazza and Mr. Baker, � There is a very sentimental hand drawn picture/caricture of my former girlfriend and cotenant of 5 years Melissa Ulloa and myself that I believe I forgot to grab on my hurried way out near 5:00pm on Friday. It was resting above the crown modling atop the area attaching the dining room to the kitchen, where dishes were stored, in the dining room area, it is a picture of her and I (she has glasses on in it) and I would very much like the opportunity to retrieve it. It would have been one of the first things grabbed, but I wanted to place it some place where it would not get bent or damaged and decided it would be safest to bring it in my uhaul's cab near the end of this moving ordeal, but I am afraid I did not get a chance to grab it before Richard Hill showed up with Casey Baker in tow and video cameras. How it was at all fair to expect me to enter my former home and law office, which has been completely turned upside down by a burglary that was able to occure due to Baker and Hill's negligence, then demand that I ignore that extremely emotionally upsetting occurance and immediately conduvct some crack inventory of items damaged or stolen, all in less than an hour (after accounting for the travel time to get to somewhere to send the Court and Baker an email inventory and the time that Richard Hill remained on the property after 9 am on Thursday) is not at all clear to me. � � � In addition to the items previously disclosed as missing or damaged is the following, which is missing: http://www.amazon.com/Sony-DCR-DVD610-Handycam-Camcorder-Optical/dp/tech-data/B00123Q8YQ/ref=de_a_smtd That is a Sony DCR-DVD610. It had a somewhat expensive media card in it, which sentimental and work related media on it that is irreplaceable. The card itself (and this camera had one inside and one taped to it) cost money too: http://www.amazon.com/SanDisk-16GB-Memory-Stick-PRO/dp/B00488CN1O/ref=sr_1_12?s=electronics&ie=UTF8&qid=1324862012&sr=1-12

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

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

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

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

Sincerely,

Zach Coughlin, Esq.

817 N. Virginia St. #2

Reno, NV 89501

Page 1 of 30Hotmail Print Message

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


�

From: [email protected] To: [email protected]; [email protected]; [email protected] Subject: interference with my right to get my property Date: Sat, 24 Dec 2011 01:44:51 -0800

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

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]


RE: interference with my right to get my property

Nevada Bar No: 9473


From: Richard Hill ([email protected]) Sent: Sat 12/24/11 6:29 AMTo: [email protected]

your lying knows no bounds - does it? you need to take stock of yourself. just where do you think you will be in 5 years?? � stay away from the property!

From: Zach Coughlin [mailto:[email protected]] Sent: Saturday, December 24, 2011 1:45 AM To: Richard Hill; [email protected]; [email protected] Subject: interference with my right to get my property

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

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737


interference with my right to get my property

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


No virus found in this message. Checked by AVG - www.avg.comVersion: 2012.0.1873 / Virus Database: 2109/4700 - Release Date: 12/24/11

From: Zach Coughlin ([email protected])Sent: Sat 12/24/11 1:44 AMTo: Richard Hill ([email protected]); [email protected]; [email protected]


Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402


River rock

RE: inventory continued

[email protected]

Nevada Bar No: 9473


From: Richard Hill ([email protected]) Sent: Fri 12/23/11 11:18 AMTo: [email protected]: 'Casey Baker' ([email protected])

Mr coughlin - reports reach me that you have people over at the property helping you move. Please be sure that each of them signs off on the form as ordered by the judge.Thank you in advance for your continued courtesies & cooperation

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.

From: Zach Coughlin ([email protected])Sent: Fri 12/23/11 2:33 AMTo: [email protected]; [email protected]

5 attachmentsIMG_20110522_163658 missing items Onkyo receiver tuner Sony subwoofer Technic speaker.jpg (750.3 KB) , IMG_20110818_205455 Toshiba 62hm15a hdtv.jpg (1075.7 KB) , Line 6 Spider III 15 15W 1x8 Guitar Combo Amp and more Guitar Amplifiers at GuitarCenter_com.htm (146.2 KB) , receipt for purchase of lamp for Toshiba 62HM15A $87.pdf (31.7 KB) , IMG_20110818_203900 hdtv 52 inch in back bedroom.jpg (234.7 KB)

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


Esq.'s expression property, that was completely strewn about the premises.� But I doubt they will. Amongst the items that were missing upon what was obviously an upsetting emotional hurried inventory (you can imagine going into your home and seeing it look like it been subject to an extensive burglary), were: http://www.zzounds.com/item--CASPX330� That is the 88 key keyboard, with hammer weighted action, Casio Previa PX-330 that sat atop the desk in the front office is missing, very obviously http://www.musiciansfriend.com/accessories/lr-baggs-dual-source-system� That LR Baggs Dual Source blend system was put into the Charvel acoustic "cutaway" guitar that is missing, which was in the front office, and was in excellent condition, in addition to having the expensive after market LR Baggs dual source system added to it: http://en.allexperts.com/q/Guitar-General-649/Charvel-jackson-guitar.htm-Drive/13055863 http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm I had just purchased a new lamp for that television.� Please see attached receipt for that lamp and attached picture of that Toshiba 62 inch television. http://www.guitarcenter.com/Line-6-Spider-III-15-15W-1x8-Guitar-Combo-Amp-482276-i1979323.gc That is a Line 6 Spyder III guitar amplifier that is missing http://reviews.cnet.com/projection-tvs/samsung-hl-p5685w-56/4505-6484_7-31008492.html?tag=subnav I did not see this Samsung HLP5685W hdtv dlp at the property.� I want to verify tomorrow that it is for sure gone (Yes, its a large television, but it the top had been temporarily removed from its pedestal.� Additionally, amongst the items that were "rifled" through incident to the burglary was an AKG C300B microphone that is heavily scratched up and is obviously damaged: http://www.sweetwater.com/store/detail/C3000B/?utm_source=Google&utm_medium=PPC&utm_campaign=livesound&utm_term=akg_c_3000_b&adpos=1t1&gclid=CJ6S_4rkl60CFQ5lhwodV2YG4wmissing speaker as well technic sb-2840 Sony power subwoofer (see picture attached of Onkyo Receiver stacked audio system) I believe a 1000W Sony Xplod Car Audio 12 inch subwoofer, new in box was taken as well, it retailed for, I believe, about $75 after taxes: http://www.walmart.com/ip/Sony-Xplod-XS-GTX120LW-12-Car-Subwoofer/12016333 A Sony audio receiver appears to be damaged, I will provide the model number later. http://www.amazon.com/Philips-32PFL3505D-F7-32-Inch-Black/dp/B003IT6Z40� That is the model of the manufacture in 2010 Phillips 32 inch lcd television/computer monitor that was utilized in a dual screen display setup at the lawyer's desk in the commercial law office at 121 River Rock St.� Mr. Baker correctly identified it as missing after the break in, as he did the 62HM15A Toshiba HDTV in the living room, and the various audio receivers, etc. in Mr. Bakers attached December 14th, email (attached and admitted into evidence along with the reply from [email protected] at the hearing on December 21, 2011).� In his December 14, 2011 writing Mr. Baker wrote: "The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I can’t tell what else. The contents of the residence appear to have been rifled through." http://www.americanmusical.com/Item--i-SHU-BETA58A-LIST I believe that microphone is missing, it is a Shure Beta 58A Dynamic Microphone.� I reserve the right to update this inventory if it is found. A foam mattress, size full is missing.� The wooden platform for it is oddly part in the flower bed and part seemingly used to secure a window in some fashion, estimated value $800 Two, (2), of these http://www.amazon.com/Keurig-B60-Special-Single-Cup-Home-Brewing/dp/B000AQSMPO $165 Kuerig B60 Coffee Machines appear to be missing http://www.walmart.com/ip/Western-Digital-WDBAAU0020HBK-NESN-Elements-Desktop-Hard-Drive/13055863 Two, (2) of those Western Digital Elements 2TB external hard drives $190. As for damaged items, the Sony hdtv 52 inch television in the back bedroom is not turning on, please see attached picture (a clearer picture and model number will be forthcoming). Strangely, its appears that, even where the contractor (whose bill for $1,060 included a notation of "fixing leak in the basement") boarded up the back porch, he apparently did not do it very well, as the window to the back door, inside the porch, appears to have been smashed. I believe there are more things missing or damaged but this is not a task that can be done extremely quickly, and I reserve the right to supplement this inventory as more missing or damaged items become apparent.� I would like some additional time at the property due to Richard Hill's interference on Thursday and Hill's contractor having taken my ladder, which I was relying on for accessing and inventorying the attic.� Further, I wish to leave this property in very, very good shape for Dr. Merliss.� I have respect for Dr. Merliss as I do for this Court, Mr. Baker, and Mr. Hill, for whatever it is worth. Admittedly this litigation has gotten a bit scrappy, and we have all been challenged by a Landlord Tenant Statute that is not always entirely clear and does not have the benefit of a great deal of intermediate level appellate court case law to guide litigants through the ambiguities encountered throughout this case.� I want to leave this property in as good as shape as possible for Dr. Merliss, and believe Hill and Baker are intent on limiting my opportunity to do that as much as they possibly can because they want to pursue some theories of recovery based upon leaving property at the location, etc., etc., and have their contractors do their typically inflated billing for work that, as here, ultimately is not very effective, as this "securing" of the property, especially where a window unit air conditioner held in place by nothing but duct tape and lacking even a simple jam rod atop the sliding window, was left in place on a side of the house exposed to a sidewalk near the Lakemill Lodge.� Or, Hill and Baker may just be legitimately fearful that I may do something to harm their client's interest at the property and merely zealously advocating on Dr. Merliss's behalf.� I feel like an additional 8-16 hours at the property may yield a lot of benefit to the overall appearance and state of the property. I realize a stay was denied, however, I believe NRS 40.385 may be akin to the automatic stays attendant to bankruptcies. Sincerely and Respectfully, Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: [email protected] To: [email protected]; [email protected] Subject: inventory continued Date: Thu, 22 Dec 2011 12:09:18 -0800

Dear Judge Sferrazza and Mr. Baker, Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the hammer weighted action Casio 88 key PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession.� The statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a commercial tenant.� However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial tenants where only a No Cause Eviction Notice is filed.� Its one or the other, but Mr. Hill and Baker cannot have it both ways.� Further, the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reflects that. NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting the surety's liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253. Sincerely, Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402


[email protected]

Nevada Bar No: 9473


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From: Sferrazza, Pete ([email protected]) Sent: Thu 12/22/11 2:33 PMTo: [email protected]; [email protected]: Stancil, Karen ([email protected])

Dear�Mr�Coughlin:

�

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

�

Pete�Sferrazza


inventory continued

�

From: Zach Coughlin [mailto:[email protected]] Sent: Thursday, December 22, 2011 12:09 PM To: Sferrazza, Pete; [email protected] Subject: inventory continued

Dear Judge Sferrazza and Mr. Baker, Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the hammer weighted action Casio 88 key PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession. The statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial tenants where only a No Cause Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reflects that.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting the surety's liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: Zach Coughlin ([email protected])Sent: Thu 12/22/11 12:09 PMTo: [email protected]; [email protected]


partial inventory



Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: Zach Coughlin ([email protected])Sent: Thu 12/22/11 11:01 AMTo: [email protected]; [email protected]

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


To: 4baS9639-c21b-4b(2-gedB-cf4e3de

Hotmail Print Message •

FrOll: zachcollghl tn

•

to provide" complete accounting or rio eJCiIctIy how aaurate any accounting might be at this time. �BOnal Property, Indudlng thet u$ed 11"1 the commelClel business run out of 121 River Rock st. RtrIO, NY 62hmlS

Toshiba 62HM15A Projection TV (62HM15A)·

12-26-11 ID:07am p, 15 of 15

Page 30 of30

expensive 5Ui1$ missing. �pI!nsive filrtUres and kitchen appliances missing. 32 inch led television computer monitor; othtreomputer monitor/s ...... Several vintage and expensive high end audio redeven _rei gu/t.rs, severel high end profe5$lonaleudio recording microphones, �ll!Xpensivt, music equipment liWflrai high end memory foam mettren. brokenwooderl memory foiom m;,JUrllSS platform. partially missing, wooden shutter on porch, .

jewelry �-, several hard drllles, both ruru!mal end Imernal several HOTV's and computer monitorS, IIUdIo Interfaces, sound and video ards, computer RAM Uids, gultar.mpllflers, I.mily heirlooms, mementos and keepsakes, obviously Its rldlculous.nd wmn near Impossible to rush Into. this property and deliver you a perfea Inventory of all that Is missing or clfmaged witNn an hour or 50_.

flCpensive electric shavers, multiple high endear audio amplifiers, family heirlooms, audio and video tapes mlsslng. my Intellectual properly and .. . ... .�l1:ive media mluing. etc. ,etc.

z.ch Coughlll\ Esq.

817 N. Virginia St. 112

Reno, NY S9SO I

tel: 775 229.6737

fux: 949 667 7402

ZachCoughlin@hOl:rnail.com

Nevada BarNo: 9473

... Nod.., .... Thi. mtMIICClnd eec.omplnyinedocumcnl,ll ...,ccwCR>d by LhodceLtOnx> CommunicaL.ions Pri'·.cy he\, IH U.s.c. if 2510.252I, .. d ... , con�in �nd<lnLill ;nf_i ... inLendai for lila IpI)cif,,;-d itodivid& .. 1 (I) only. If)'Ou I'" noL Lhe inlCndod n:ciP;alL or lnapL "'"POrtoiblc !Or dc:1ivmng il 10 1M

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To: (ba59639-cl1h-4b4l-ged8-cf4e]� • FrOClI· Zlcbcough1111

• 1Z-Z6-11 l;Z3pca p. 1 of J1

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Document Code: Zach Coughlin 817 N. Virginia St. #2 Reno, NY 89501 . Tele: 775-229-6737 Fax: 949-667-7402

PrC?..Jler DefendantlTenantlCounterclaimant

.

roSTICE COURT RENO TOWNSHW WASHOE COUNlY, NEVADA

�-.-

�ATT MERLISS, MD, ; MATTHEW J. foiERLISS UVlNG TRUST

Plaintiff, vs. ,

�ACHARY BARKER COUGHUN; ._. Defendant. . .

) ) ) ) ) ) ) ) pREEN ACTION LAWN SERVICE AND ITS) pWNER NERY R MACAlrCRUZ; ) PARLENE SHARPE, REAL TOR, personally ) fn and in her capacity as an employee of ) PICKSON REALlY; DICKSON REALlY; ) �V ENERGY PUBUC UTILITY

PORPORATION; NEVADA COURT ERVICES; JOEL DURDEN, individually and

� his capacity as a process server for fmV ADA COURT SERVICES.

Real Parties in �terestllnterpled Third Parties

.

CASE NO: rev2011-001708 .

DEPT. NO: 2 ,

, Mgtion 12 Ammd. Sa Aside. MotillD (g[ Mew lriallHearlnll. �!!tice 2f AI!R�a1 rue ORDER RESOLYI�!Z MOTIO� IO Cml:rE�I �EBSO�AL lROfERT:X LIEri Decembe[�l. �'11. Mgtion to Sh2!! �gJln. S:u»»lmu!l! i2 QJlgglitigo to HUrl! Mid.iDa b! Sb2!! CaU5:il:i Motiml em: Bdum of Securib: nel!�i!i Br:agest for §ubmis..�ion of aU Motions

M2timJ to Amend. �et Alide. Motiun lor Nm IdollHeoliDe. rilltij;;i:i o[ ApPi:iol rue ORJlER . RESOLVING MOIION 10 COIS.IU1 PERSO�AL fRQfEBI:X LffiN Dt::cemht::r Zl. ZOII.

Moti2[l tu She C3Ulle.. Su»»lanmt to 0PPWlitiS:tD to Hillli Mothm to: Sb� COYle; MQllgn (or Rerum 0[ SecurltY DcpOsit; Requelt for Submission of aU MotimlS

Proof of Landlord's Conversion of Tenant's Personal Property, 90 POFJd 341. What can the tenant .•.. . .

do if the landlord .win not return his p�perty or if he disputes the landlord's charges? .

1122 Mgti!!n tg Amt::Dd. Set Alldi. Mgtim (O[ rim lliaIIIIl::ildnL!S:m!i::c of AIU1�1 ruc ORDER BESQIJ!:WG MOIION 10 CONIESI lERSONAL .eROlERD:: LIEN DCi:t::mbl[ 21� 2011. M!!ihm 19: Show Caus� SUlmlemlot to �h:!I!ositign to fDlllli! Motion tg Show !:auJej Motion -em: Return gf St::curUy DIP()Sit; RCQuest for Submissjgn gf aU Motlgns

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The tenant may file, along with the appropriate fees, a “Motion to Contest Personal Property Lien” on

a Justice Court form. See NRS 40.253(7). The tenant may also sue for actual damages and punitive

damages up to $1,000 if the landlord holds the tenant’s property in an effort to ensure that the tenant

pays rent. See NRS 118A.520. Please award this penalty to the tenant here. How does the tenant

contest the lien?

The Tenant can contest the lien by filing a Notice of Opposition to Lien with the clerk of the Justice Court on a form provided by the Court. However, the Tenant’s Notice of Opposition to Lien must be filed within 5 days after the person filing the notice receives the Notice of Sale by auction. Therefore, the Tenant must wait until he receives the Notice of Sale before filing the Notice of Opposition to Lien. See NRS 108.355.

How long must a landlord keep a tenant’s property after eviction?

A landlord must safely store a tenant’s property for 30 days after the tenant’s abandonment or eviction. See NRS 118A.460(1)

Can the landlord refuse to release a tenant’s property after eviction?

The landlord must provide reasonable access and opportunity for the tenant or his authorized representative to retrieve personal property left behind. The landlord may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant. The landlord cannot require the tenant to pay rent or the costs of the eviction as a condition to releasing the property. See NRS 118A.460(1)(a)

What if more than 30 days have expired since the tenant’s eviction?

After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the property if:

1. He has made reasonable efforts to locate the tenant;

2. Has notified the tenant in writing of his intention to dispose of the

property; and

3. 14 days have elapsed since the notice was given to the tenant.

NRS 118A.460(1)(b)

2/22 Motion to Amend, Set Aside, Motion for New Trial/Hearing, Notice of Appeal RJC ORDER RESOLVING MOTION TO CONTEST PERSONAL PROPERTY LIEN December 21, 2011, Motion to Show Cause, Supplement to Opposition to Hill's Motion to Show Cause; Motion for Return of Security Deposit; Request for Submission of all Motions

http://www.leg.state.nv.us/NRS/NRS-108.html


http://www.leg.state.nv.us/NRS/NRS-118A.html


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What can the tenant do if the landlord will not return his property or if he disputes the landlord’s charges?

The tenant may file, along with the appropriate fees, a “Motion to Contest Personal Property Lien” on a Justice Court form. See NRS 40.253(7). The tenant may also sue for actual damages and punitive damages up to $1,000 if the landlord holds the tenant’s property in an effort to ensure that the tenant pays rent. See NRS 118A.520.

What is the deadline in which a Motion to Contest Personal Property Lien must be filed?

The motion must be filed within 20 calendar days after the one following events that has occurred the latest :

1. The order for eviction was issued;

2. The tenant vacated or was removed; or

3. A copy of the landlord’s charges relating to the storage of the property has

been requested by or provided to the tenant. See NRS 40.253(7)

When must the hearing on the Motion be scheduled?

The court must schedule a hearing within 10 judicial days after the filing of the motion. See NRS 40.253(8)

Must the Motion be served upon the landlord?

The court is required to 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. See NRS 40.253(8)

What will the judge do at the hearing?

At the hearing, the court may determine the costs, if any, claimed by the landlord and order the tenant’s property released with or without the payment of those costs.

Security Deposits

How large a security deposit may the landlord of a residential property request?

No more than 3 months of rent. NRS 118A.242(1)







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May a tenant post a surety bond instead of a security deposit?

Yes, if all parties agree. If the landlord makes claim against the bond the tenant must be given an itemized written accounting received from the landlord. The tenant may send a written response disputing any items to the surety. The surety cannot report a landlord’s claim to a credit reporting agency unless the surety first sues the tenant and obtains a judgment.

How does a tenant prove that he paid a security deposit?

The landlord is required to deliver to the tenant, upon his request, a signed written receipt for the security deposit (as well as for any other payments, including rent).

NRS 118A.250

What if the landlord will not give the tenant a receipt for the security deposit?

The tenant may refuse to make rent payments until the landlord provides the requested receipt. NRS 118A.250

Must the landlord return the security deposit?

Not necessarily. The landlord may deduct from the security deposit such amounts as are necessary to:

1. Remedy any default in the payment of the rent;

2. Repair damages to the premises caused by the tenant, other than “normal wear and tear;” and

3. Pay the reasonable costs of cleaning the premises. NRS 118A.242(2) and (5)

What is “normal wear and tear”?

“Normal wear and tear” is the kind of deterioration which occurs without negligence, carelessness or abuse of the premises. Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical switches may wear out and break, pull strings on blinds may fray or break , carpet and tile may wear down. These things happen even if the tenant cleans regularly and cares for the premises reasonably. NRS 118A.110

When must the landlord return the security deposit to the tenant?






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Upon termination of the tenancy by either party for any reason, including eviction, the landlord must return the deposit to the tenant, or provide an itemized written accounting showing how the deposit was used, no later than 30 days after the termination of the tenancy. NRS 118A.242(2)

What if the landlord fails to return the security deposit within 30 days or the tenant disagrees with the way in which the security deposit was used?

The tenant may sue the landlord and request up to twice the amount of the security deposit. A tenant who paid their deposit by purchasing a surety bond, and/or a tenant who disagrees with the way in which the landlord used the security deposit may send a written response to the surety. If the tenant sends this response within 30 days after receiving an itemized written accounting from the landlord, the surety is not to report the landlord’s claim to a credit reporting agency without first obtaining a judgment against the tenant. Security Deposits and Guaranties Under

Leases, 1 REAL PROP. PROB. & TR. J. 405, 405 (1966) (citing 32 AM. JUR. Landlord and Tenant

§ 564 (1941); 52 AM. JUR. Landlord and Tenant § 605 (1947); 9 A.L.R. 300 (1920)); see also

Randy G. Gerchick, No Easy Way Out: Making the Summary Eviction Process a Fairer and

More Efficient Alternative to Landlord Self-Help, 41 UCLA L. REV. 759, 775 (1994).

The undersigned hereby fles this for the above reasons, taking issue, specifically, with the following

aspects of this Court's Order of December 21, 2011. One $480 is not reasonable for a storage cost. A

10 foot by 30 foot storage shed in Washoe County goes for about $150, not $480. Two, the paucity

of time given in the order for both the inventorying and for the moving itself was wholly insufficient.

The undersigned paid the $480 under the Order, he should have reasonable opportunity to get what is

his, and not have the interference run by Hill and Baker detailed in Exhibit 1. Further, the

undersigned made abundantly clear at the hearing of 12/20/11 that he was not in agreement with the

terms “resolved” in the Court's 12/21/11 Order and that the undersigned was not entering a settlement

agreement, etc., etc. The recorded audio of that hearing will make that abundantly clear. Further, the

RJC's Bailiff's Reyes and Sexton continued their bullying inappropriate behavior at the hearing (how

the written complaints against those two bailiff's by the undersigned related to their

threatening/sexual assaults did not necessiate putting a different bailiff in the court at the hearing is

not clear at all. Additionally, Richard Hill re-entered the courtroom on 12/20/11, despite the court



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telling witnesses like himself to leave....only to have Richard Hill repeat the threats made by Bailiff

Reyes to the undersigned, with Hill indicating to the undersigned and the others assembled that he

wanted to put his foot up the undersigned's ass as well. The undersigned should immediately be

granted additional time to retrieve what property of his remains at 121 River Rock 89501. Further,

the Order of 12/21/11, to the extent it remains in effect and is not overtunred, has a res judicata, law

of the case, claim or issue preclusion effect as to any of the reservations the Order of 12/21/11

mentions about: “ Plaintiff reserves all claims of any nature including, but not limited to, additional

storage fees from November 17, 2011 up until December 23,2011 , damages to the property allegedly

caused by the Defendant, disposal costs of any property left behind, attorney's fees and costs to the

extent legall allowed by statute or case law.” Further, there is no basis under Nevada law for such an

award of fees, nor has Hill or Baker provided any citation for disposal costs, partiuclarly where there

interference resulted in the prevention of the removal of property as detailed in Exhibit 1. Tenants

were entitled to a preliminary injunction restraining landlords from enforcing the provisions of

Nevada's landlord lien laws insofar as they authorized seizure and sale of the tenants' property

without prior notice and hearing; however, under the circumstances disclosed of record, the

restoration of tenants' property would be stayed until the landlords had a reasonable opportunity to

resolve the question of what to return to which of the tenants, who had separated and were involved

in a divorce proceeding. N.R.S. 40.215 et seq., 108.510 et seq. Adams v. Joseph F. Sanson Inv. Co.,

1974, 376 F.Supp. 61. Courts

The Court Ordered:


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Having considered the evidence presented to this point and the parties having agreed to allow the Court to enter an order based on said evidence, the Court finds that $480.00 is fair and reasonable compensation for storage of the personal property of the Defendant for the period of November 1, 2011 to November 16, 2011. Based upon the foregoing, the Court hereby enters the following Order: 1. That the Defendant, Zachary Coughl in, shall pay the sum of $480.00 in certified funds to the Plaintiff at the Law Offices of Casey Baker on or before Wednesday, December 21,20 11 at 4:00 p.m. 2. The Plainti ff shall have the right to videotape the premises from 9:00 a.m. to 5 :00 p.m. on Thursday, December 22, 20 11 and said video shall include personal and real property; however, they shall not identify any personal in formation of any clients of the Defendant's law practice. In addition, the Plaintiff, by his attorneys or other authorized repres.entative, shall have the right to videotape the property following the removal by the Defendant of his personal property, which shall occur on or before 5:00 p.m. on December 23 , 2011. The purpose of the video is to determine whether there is any damage to the real or personal property of the Plaintiff, which shall include all fixtures and appliances that belong to the Plaintiff. In addition, the video shall be used to verify what property, if any, is left on the premises by the Defendant. 3. Anything and everything left on the property after 5:00 p.m. on Friday, December 23,2011 , may be disposed of by the Plaintiff in his sole discretion. 4. Defendant shall have access to the property from 9:00 a.m. to 5:00 p.m. on Thursday, December 22,2011 , to videotape, ifhe desires, the real and personal property and to remove his property from the premises. In addition, the Defendant shall have from 9:00 a.m. to 5:00 p.m. on Friday, December 23,2011 to videotape and remove his property from the premises. Access will be provided by a representative of the landlord, who will unlock the property at 9:00 a.m. and lock the property at 5:00 p.m. on both days. 5. The Landlord shall have no liability for any injuries suffered by Defendant or anyone else during said removal process, except for an intentional tort committed by the Plaintiff or his representatives against the person of the Defendant and, likewise, the Defendant shall have no liability for any injury to the person of the Plaintiffor his agents, except for an intentional tort by the Defendant. Further, anyone the Defendant authorizes to be on the premises during the period Thursday, December 22nd , from 9:00 a.m. to 5:00 p.m. and Friday, December 23rd , from 9:00 a.m. to 5:00 p.m. shall sign the Release of Li ability, attached hereto as Exhibit A. If any third party is on the premises without signing the waiver, they shall be trespassers and the Plaintiff or his agents can have them removed by law enfo rcement. 6. The Defendant shall not cause any damage to the real property or personal property of the Plaintiff located at 121 River Rock, Reno, evada, from this date forward. The Court will retain jurisdiction over the issue of any damages caused to the real property or personal property of the landlord during the removal process. 7. The Defendant shall have no claim for damages with respect to missing or damaged personal property at 121 River Rock, except for property identified by him, in writing, by 11 :00 a.m. on Thursday, December 22,20 11 by email to Mr. Baker, with a copy to the Court. The Defendant reserves any other claims he has that may not involve his personal property located at the


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premises to the extent legally allowed by statute or case law. 8. The Plaintiff reserves all claims of any nature including, but not limited to, additional storage fees from November 17, 2011 up until December 23,2011 , damages to the property allegedly caused by the Defendant, disposal costs of any property left behind, attorney's fees and costs to the extent legall allowed by statute or case law.

Gould v. Wise, 18 Nev. 253, 3 P. 30 (1884) — 20[a] Jones v. O'Farrel, 1 Nev. 354, 1865 WL 1058

(1865) — 20[b] Reno Plumbing & Heating Co. v. Bickel, 55 Nev. 367, 35 P.2d 302 (1934) — 7[b],

40[b] NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and




State v. Jones, 917 P.2d 200, 209+, 185 Ariz. 471, 480+ (Ariz. May 07, 1996) (NO. CR-93-0541-AP)

2 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) 3 Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 258, 124 Nev.

725, 748 (Nev. Sep 11, 2008) (NO. 46499) Secondary Sources (U.S.A.) 4 ADDING INJURY TO

INJURY: INADEQUATE PROTECTION OF TENANTS' PROPERTY DURING EVICTION AND

THE NEED FOR REFORM, 20 Loy. Consumer L. Rev. 247, 269 (2008) 5 Motion to Contest

Personal property Lien and for Return of Personal Property ((((20), 2006 WL 4385534 (State

eforms), *1 (2006) Court Documents Appellate Court Documents (U.S.A.) Appellate Briefs 6

COUNTRYWIDE HOME LOANS, INC., a New York Corporation, Appellant/ Cross-Respondent, v.

Gerald THITCHENER; Katrina Thitchener; Steven Lamb; and Kaitlyn Thitchener,

Respondents/Cross-Appellants., 2007 WL 6528433, *6528433+ (Appellate Brief) (Nev. Oct 03,

2007) Respondents/ Cross-Appellants' Reply Brief (NO. 46499) 7 COUNTRYWIDE HOME

LOANS, INC., a New York Corporation, Appellant/ Cross-Respondent, v. Gerald THITCHENER;


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Katrina Thitchener; Steven Lamb; and Kaitlyn Thitchener, Respondents/Cross-Appellants., 2007 WL

6528432, *6528432+ (Appellate Brief) (Nev. Sep 27, 2007) Countrywide's Reply Brief on Appeal

and Answering Brief on Cross-Appeal (NO. 46499) 8 COUNTRYWIDE HOME LOANS, INC., a

New York Corporation, Appellant/ Cross-Respondent, v. Gerald THITCHENER; Katrina Thitchener;

Steven Lamb; and Kaitlyn Thitchener, Respondents/Cross-Appellants., 2007 WL 6528431,

*6528431+ (Appellate Brief) (Nev. Jun 12, 2007) Respondents/ © 2011 Thomson Reuters. All rights

reserved. Cross-Appellants' Answering Brief and Opening Brief (NO. 46499) 9 Calvin WINCHELL,

and individual dba, a.b.a. CGL Seafood, Inc., Appellant/ Cross Respondent, v. Renate SCHIFF,

Trustee, Schiff Properties, Respondent/ Cross Appellant., 2006 WL 6282490, *6282490+ (Appellate

Brief) (Nev. Oct 31, 2006) Appellant's Opening Brief (NO. 47067) Trial Court Documents (U.S.A.)

Trial Pleadings 10 In Re: AMERICAN LIBERTY BAIL BONDS, INC. a Nevada Corporation,

Debtor. Robert B.Metz, Plaintiff, v. American Liberty Bail Bonds, Inc. John K. Ellis, Defendant.,

2002 WL 32779992, *32779992+ (Trial Pleading) (Bankr.D.Nev. Sep 04, 2002) Complaint

Objecting to Dischargeabil1ty of Debt under 11 U.S.C. || 523 (a)(4), (a)(6) (NO. BK-N-02-51527-

GWZ) Trial Motions, Memoranda and Affidavits 11 Robert B. METZ, Appellant, v. AMERICAN

LIBERTY BAIL BONDS, INC., John K. Ellis, American Liberty Investments, Inc. Appellee., 2005

WL 3766323, *3766323 (Trial Motion, Memorandum and Affidavit) (D.Nev. Feb 11, 2005) Opening

Brief of Appellant, Robert B. Metz (NO. CV-N-04-0150-LRH, VPC) 12 Gerald THITCHENER,

individually; Katrina Thitchener, individually; Katrina Thitchener as Guardian Ad Litem for Steven

Lamb; and Katrina Thitchener as Guardian Ad Litem for Kaitlyn Thitchener, Plaintiffs, v.

COUNTRYWIDE HOME LOANS, INC., a New York corporation; Does I through V, inclusive; and

Roe corporations, I through V, inclusive, Defendants., 2005 WL 6227744, *6227744+ (Trial Motion,

Memorandum and Affidavit) (Nev.Dist.Ct. Feb 22, 2005) Plaintiffs' Opposition to Defendant's


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Motion for Partial Summary Judgment Denying Punitive Damages (NO. A479597) 13 Frederic

APCAR, an individual, Plaintiff, v. James RUBBICO, an individual, Defendant; James Rubbico, an

individual, Counterclaimant, v. Frederic Apcar, an individual, Counterdefendant., 2004 WL 5332218,

*5332218 (Trial Motion, Memorandum and Affidavit) (Nev.Dist.Ct. Sep 28, 2004) Opposition to

Motion for Summary Judgment by James Rubbico (NO. A476823) Statutes and Court Rules (U.S.A.)

14 NV ST 40.253; 40.253. Unlawful detainer: Supplemental remedy of summary eviction and

exclusion of tenant for default in payment of rent 15 NV ST 118A.450; 118A

NRCP RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS Text (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


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findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of

a new judgment. [As amended; effective January 1, 2005.] (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.

[As amended; effective January 1, 2005.] (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. [As amended; effective January 1, 2005.] (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.

[Added; effective January 1, 2005.] (e) Motion to Alter or Amend a Judgment. 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. RULE 60. RELIEF FROM JUDGMENT OR ORDER Text (a) Clerical Mistakes. Clerical

mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or

omission may be corrected by the court at any time of its own initiative or on the motion of any party

and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes

may be so corrected before the appeal is docketed in the appellate court, and thereafter while the

appeal is pending may be so corrected with leave of the appellate court. (b) Mistakes; Inadvertence;

Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are

just, the court may relieve a party or a party’s legal representative from a final judgment, order, or


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proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2)

newly discovered evidence which by due diligence could not have been discovered in time to move

for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic),

misrepresentation or other misconduct of an adverse party; (4) the judgment is void; or, (5) the

judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has

been reversed or otherwise vacated, or it is no longer equitable that an injunction should have

prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2),

and (3) not more than 6 months after the proceeding was taken or the date that written notice of entry

of the judgment or order was served. A motion under this subdivision (b) does not affect the finality

of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an

independent action to relieve a party from a judgment, order, or proceeding, or to set aside a

judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of

review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any

relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

[As amended; effective January 1, 2005.] (c) Default Judgments: Defendant Not Personally Served.

When a default judgment shall have been taken against any party who was not personally served with

summons and complaint, either in the State of Nevada or in any other jurisdiction, and who has not

entered a general appearance in the action, the court, after notice to the adverse party, upon motion

made within 6 months after the date of service of written notice of entry of such judgment, may

vacate such judgment and allow the party or the party’s legal representatives to answer to the merits

of the original action. When, however, a party has been personally served with summons and

complaint, either in the State of Nevada or in any other jurisdiction, the party must make application

to be relieved from a default, a judgment, an order, or other proceeding taken against the party, or for


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permission to file an answer, in accordance with the provisions of subdivision (b) of this rule. [As

amended; effective January 1, 2005.] (d) Default Judgments: Modification Nunc Pro Tunc. Whenever

a default judgment or decree has been entered, the party or parties in default therein may at any time

thereafter, upon written consent of the party or parties in whose favor judgment or decree has been

entered, enter general appearance in the action, and the general appearance so entered shall have the

same force and effect as if entered at the proper time prior to the rendition of the judgment or decree.

On such appearance being entered the court may make and enter a modified judgment or decree to

the extent only of showing such general appearance on the part of the party or parties in default, and

it shall be entered nunc pro tunc as of the date of the original judgment or decree; provided, however,

that nothing herein contained shall prevent the court from modifying such judgment or decree as

stipulated and agreed in writing by the parties to such action, and in accordance with the terms of

such written stipulation and agreement.

. Nothing in Merliss/Hills ridiculous Motion to Show Cause is admitted, everything is opposed.

Hill makes baseless allegations of the undersigned “lying” yet he never gets around to pointing out

what exactly is a lie, Baker does the same.







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The undersigned NRS 40.380 Provisions governing appeals. Either party may, within 10 days,

appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the

judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice the

defendant’s undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the

court or justice, but which shall not be less than twice the amount of the judgment and costs, to the

effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will

pay the judgment and the cost of appeal, the value of the use and occupation of the property, and

damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal

and filing the undertaking, all further proceedings in the case shall be stayed.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to

pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:

1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing

with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action

concerning a lease of commercial property or any other property for which the monthly rent exceeds

$1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause,

order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond

submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the

surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served.

Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court

without independent action.


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2. A tenant who retains possession of the premises that are the subject of the appeal during the

pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying

contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the

landlord may initiate new proceedings for a summary eviction by serving the tenant with a new

notice pursuant to NRS 40.253.

Establishing value of property converted: Commercial tenant was entitled to value of certain items

of personal property lost during course of wrongful eviction, despite lack of documentation showing

the exact price paid, where testimony of tenant's principal, who was also a certified public

accountant, as to the articles of equipment purchased and their prices and the documentary evidence

as to their resale value three years after their purchase, was unrebutted by landlords, and no proof was

adduced to show that the articles were not in fact purchased or that their value had been inflated.

North Main Street Bagel Corp. v. Duncan, 37 A.D.3d 785, 831 N.Y.S.2d 239 (2d Dep't 2007); West's

Key Number Digest, Landlord and Tenant 278. [Top of Section] [END OF SUPPLEMENT] IV.

MODEL PLEADINGS § 37. General form of complaint alleging landlord's conversion of tenants's

personal property The following is a general form of complaint for a tenant's action seeking damages

for a landlord's conversion of the tenant's personal property: [Title of court and case name omitted.]

COMPLAINT Plaintiff, [plaintiff tenant], by way of complaint against the Defendant, [defendant

landlord], says: 1. Plaintiff resides at [address], [City], [County], [State]. 2. Defendant resides at

[address], [City], [County], [State]. 3. From [date] to [date], plaintiff occupied, as defendant's tenant,

defendant's house located at [address], [City], [County], [State]. 4. On [date], defendant terminated

the tenancy, reentered the house, and took possession of the house and all of plaintiff's personal

property. 5. On that date, the following items of personal property in the house were owned solely by


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plaintiff: [list plaintiff's property]. The reasonable value of the property on that date was [dollar

amount]. 6. At the time defendant took possession of the house, plaintiff attempted to remove the

personal property from the house, but defendant wrongfully refused to permit such removal and

unlawfully converted the personal property to defendant's own use. Plaintiff has demanded that

defendant permit plaintiff's removal of plaintiff's personal property from the house, or surrender

possession of the personal property to plaintiff, but defendant, with willful disregard of plaintiff's

legal right to possession of the personal property, has refused and failed either to permit plaintiff to

remove it from the house or to surrender its possession to plaintiff and still refuses to do so. 7. By

reason of defendant's willful conversion of the property of plaintiff, with knowledge of plaintiff's

ownership, and without regard to plaintiff's legal right to its possession, plaintiff is entitled to

compensatory damages in the amount of [dollar amount] and exemplary damages in the amount of

[dollar amount] from defendant. WHEREFORE, plaintiff requests: 1. Judgment against defendant for

compensatory damages in the amount of [dollar amount]; 2. Judgment against defendant for

exemplary damages in the amount of [dollar amount]; 3. Award to plaintiff of costs of this

proceeding; and 4. Such other and further relief as the court may deem just and proper. [Name of

Law Firm] BY: [Signature] [Name of Attorney] Dated: § 38. Complaint seeking compensatory and

punitive damages for landlord's conversion of tenant's personal property The following is an

illustrative complaint for an action in which a tenant is seeking compensatory and punitive damages

for a landlord's conversion of the tenant's personal property: [Title of court and case name omitted.]

COMPLAINT Plaintiff, [plaintiff tenant], by way of complaint against the Defendant, [defendant

landlord], says: 1. Plaintiff resides at [address], [City], [County], [State]. 2. Defendant resides at

[address], [City], [County], [State]. 3. At the times mentioned, defendant owned, managed, and

controlled the [name] Building, containing multiple rental units for residential purposes, at [address],


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[City], [County], [State]. 4. On or about [date], defendant orally agreed to lease to plaintiff apartment

[number] in the building on a month-to-month basis at a rent of [dollar amount], payable monthly in

advance on the [identify day of each month]. 5. On [date], plaintiff paid to defendant [dollar amount]

for the first month's rent for apartment [number] and took possession pursuant to the oral agreement.

6. On or about [date], while plaintiff was absent from the apartment, defendant, without notice to

plaintiff and without plaintiff's consent, entered the apartment, caused the lock on the apartment door

to be changed, and locked plaintiff out of the apartment. Further, defendant removed from, and

appropriated plaintiff's personal property in, the apartment and advised plaintiff that the personal

property would not be returned unless plaintiff paid to defendant an additional [dollar amount]. 7.

The removal and appropriation of plaintiff's personal property, subject to return on plaintiff's payment

of [dollar amount], was without legal right and constituted a conversion of plaintiff's property. The

reasonable value of plaintiff's property so converted by defendant is [dollar amount] and plaintiff is

entitled to damages from defendant for that amount. 8. In locking plaintiff out of apartment [number]

and converting plaintiff's personal property, defendant acted maliciously, without probable cause,

without regard to plaintiff's legal rights and feelings, with the intent to oppress plaintiff, and with the

knowledge that it would be difficult and more expensive, or perhaps even impossible, for plaintiff to

secure without notice a suitable residence within the locale. These acts were committed by defendant

with the intent, design, and purpose to injure plaintiff, and, for this reason, plaintiff is entitled to

[dollar amount] in punitive damages from defendant. WHEREFORE, plaintiff requests: 1. Judgment

against defendant in the sum of [dollar amount] for compensatory damages; 2. Judgment against

defendant in the sum of [dollar amount] for punitive damages; 3. Award to plaintiff of costs of this

proceeding; and 4. Such other and further relief as the court may deem just and proper.


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NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of

appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the

proceedings for want of form, provided the proceedings have been conducted substantially according

to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or

summons, in matters of form only, may be allowed by the court at any time before final judgment

upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations

in the complaint may be given in evidence under the answer.

NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and














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PROOF OF SERVICE


On December 26, 2011, I, Mr. Zach Coughlin served the foregoingMotion to Amend, Set Aside, Motion for New Trial/Hearing, Notice of Appeal RJC Order of December 21, 2011, Motion to Show Cause by depoisting a true and correct copy for mailing in the United States postal mail to:






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INDEX TO EXHBITS1. 15 PAGE FAX TO RJC AND RICHARD HILL/CASEY BAKER, MERLISS'S ATTORNEYS WITH 14 PAGES OF EMAIL RELATED TO THIS MOTION, FAXED 12 26 11


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Exhibit 1


Zach Coughlin, Esq. 817 N. Virginia St. #2

Reno, NV 89501tel: 775 229-6737fax: 949 667 7402

[email protected]

Nevada Bar No: 9473

FAX COVER SHEET

DATE: December 19, 2011TO: Casey Baker, Esq.FAX NO: 775 348 0858 cc: Reno Justice Court via fax to 775 325 6715Original will not follow.15 page fax (this page plus 14 pages of emails attached)RE: .REV201100708 in Reno Justice CourtI WANT THE REST OF MY PROPERTY AT 121 RIVER ROCK ST.; DO NOT THROW IT AWAY!!!!! ALSO, YOU OWE ME MY SECURITY DEPOSIT, YOUR 30 DAYS TO PROVIDE A WRITTEN ACCOUNTING OF HOW IT WAS USED HAS PASSED WITHOUT YOUR DOING SO, PAY ME MY $700 DEPOSIT IMMEDIATELY OR I WILL TAKE LEGAL ACTION

Dear Mr. Baker,I demand the return of my $700 security deposit immediately. You and your client face penalties for your failure to provide a written accounting with itemizations related to the security deposit within 30 days of November 1, 2011. You failed to do to, and now you must return the money to me, immediately. You and Mr. Hill interfered with my access to the property as detailed in the emails attached to this fax. Note the emails attached consist of 14 pages, despite the header on the emails indicating they are 30 pages, as I removed pages of “Guitar Center” adds, etc. that were part of the attachment related to the Line 6 amplifier, for brevity's sake. I just need/want about 8-16, more hours access to the property to get my property. The property was not damaged during the access provided on Thursday and Friday, December 22-23, 2011, and much was removed. Please just let me get the rest of my property and do not incur any more needless liability on your client's behalf by refusing me this simple request.

Sincerely,

Zach Coughlin, Esq.

1

invenotry of missing personal property continued: sony DCR-DVD610 with 8gb duo memory card

From: Zach Coughlin ([email protected])Sent: Sun 12/25/11 5:22 PMTo: [email protected]; [email protected]

Dear Judge Sferrazza and Mr. Baker, � There is a very sentimental hand drawn picture/caricture of my former girlfriend and cotenant of 5 years Melissa Ulloa and myself that I believe I forgot to grab on my hurried way out near 5:00pm on Friday. It was resting above the crown modling atop the area attaching the dining room to the kitchen, where dishes were stored, in the dining room area, it is a picture of her and I (she has glasses on in it) and I would very much like the opportunity to retrieve it. It would have been one of the first things grabbed, but I wanted to place it some place where it would not get bent or damaged and decided it would be safest to bring it in my uhaul's cab near the end of this moving ordeal, but I am afraid I did not get a chance to grab it before Richard Hill showed up with Casey Baker in tow and video cameras. How it was at all fair to expect me to enter my former home and law office, which has been completely turned upside down by a burglary that was able to occure due to Baker and Hill's negligence, then demand that I ignore that extremely emotionally upsetting occurance and immediately conduvct some crack inventory of items damaged or stolen, all in less than an hour (after accounting for the travel time to get to somewhere to send the Court and Baker an email inventory and the time that Richard Hill remained on the property after 9 am on Thursday) is not at all clear to me. � � � In addition to the items previously disclosed as missing or damaged is the following, which is missing: http://www.amazon.com/Sony-DCR-DVD610-Handycam-Camcorder-Optical/dp/tech-data/B00123Q8YQ/ref=de_a_smtd That is a Sony DCR-DVD610. It had a somewhat expensive media card in it, which sentimental and work related media on it that is irreplaceable. The card itself (and this camera had one inside and one taped to it) cost money too: http://www.amazon.com/SanDisk-16GB-Memory-Stick-PRO/dp/B00488CN1O/ref=sr_1_12?s=electronics&ie=UTF8&qid=1324862012&sr=1-12

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

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

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

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

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501


tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


�

From: [email protected] To: [email protected]; [email protected]; [email protected] Subject: interference with my right to get my property Date: Sat, 24 Dec 2011 01:44:51 -0800

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

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]


RE: interference with my right to get my property

Nevada Bar No: 9473


From: Richard Hill ([email protected]) Sent: Sat 12/24/11 6:29 AMTo: [email protected]

your lying knows no bounds - does it? you need to take stock of yourself. just where do you think you will be in 5 years?? � stay away from the property!

From: Zach Coughlin [mailto:[email protected]] Sent: Saturday, December 24, 2011 1:45 AM To: Richard Hill; [email protected]; [email protected] Subject: interference with my right to get my property


Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737


interference with my right to get my property

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


No virus found in this message. Checked by AVG - www.avg.comVersion: 2012.0.1873 / Virus Database: 2109/4700 - Release Date: 12/24/11

From: Zach Coughlin ([email protected])Sent: Sat 12/24/11 1:44 AMTo: Richard Hill ([email protected]); [email protected]; [email protected]


Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402


River rock


[email protected]

Nevada Bar No: 9473


From: Richard Hill ([email protected]) Sent: Fri 12/23/11 11:18 AMTo: [email protected]: 'Casey Baker' ([email protected])

Mr coughlin - reports reach me that you have people over at the property helping you move. Please be sure that each of them signs off on the form as ordered by the judge.Thank you in advance for your continued courtesies & cooperation

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.

From: Zach Coughlin ([email protected])Sent: Fri 12/23/11 2:33 AMTo: [email protected]; [email protected]

5 attachmentsIMG_20110522_163658 missing items Onkyo receiver tuner Sony subwoofer Technic speaker.jpg (750.3 KB) , IMG_20110818_205455 Toshiba 62hm15a hdtv.jpg (1075.7 KB) , Line 6 Spider III 15 15W 1x8 Guitar Combo Amp and more Guitar Amplifiers at GuitarCenter_com.htm (146.2 KB) , receipt for purchase of lamp for Toshiba 62HM15A $87.pdf (31.7 KB) , IMG_20110818_203900 hdtv 52 inch in back bedroom.jpg (234.7 KB)

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


Esq.'s expression property, that was completely strewn about the premises.� But I doubt they will. Amongst the items that were missing upon what was obviously an upsetting emotional hurried inventory (you can imagine going into your home and seeing it look like it been subject to an extensive burglary), were: http://www.zzounds.com/item--CASPX330� That is the 88 key keyboard, with hammer weighted action, Casio Previa PX-330 that sat atop the desk in the front office is missing, very obviously http://www.musiciansfriend.com/accessories/lr-baggs-dual-source-system� That LR Baggs Dual Source blend system was put into the Charvel acoustic "cutaway" guitar that is missing, which was in the front office, and was in excellent condition, in addition to having the expensive after market LR Baggs dual source system added to it: http://en.allexperts.com/q/Guitar-General-649/Charvel-jackson-guitar.htm-Drive/13055863 http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm I had just purchased a new lamp for that television.� Please see attached receipt for that lamp and attached picture of that Toshiba 62 inch television. http://www.guitarcenter.com/Line-6-Spider-III-15-15W-1x8-Guitar-Combo-Amp-482276-i1979323.gc That is a Line 6 Spyder III guitar amplifier that is missing http://reviews.cnet.com/projection-tvs/samsung-hl-p5685w-56/4505-6484_7-31008492.html?tag=subnav I did not see this Samsung HLP5685W hdtv dlp at the property.� I want to verify tomorrow that it is for sure gone (Yes, its a large television, but it the top had been temporarily removed from its pedestal.� Additionally, amongst the items that were "rifled" through incident to the burglary was an AKG C300B microphone that is heavily scratched up and is obviously damaged: http://www.sweetwater.com/store/detail/C3000B/?utm_source=Google&utm_medium=PPC&utm_campaign=livesound&utm_term=akg_c_3000_b&adpos=1t1&gclid=CJ6S_4rkl60CFQ5lhwodV2YG4wmissing speaker as well technic sb-2840 Sony power subwoofer (see picture attached of Onkyo Receiver stacked audio system) I believe a 1000W Sony Xplod Car Audio 12 inch subwoofer, new in box was taken as well, it retailed for, I believe, about $75 after taxes: http://www.walmart.com/ip/Sony-Xplod-XS-GTX120LW-12-Car-Subwoofer/12016333 A Sony audio receiver appears to be damaged, I will provide the model number later. http://www.amazon.com/Philips-32PFL3505D-F7-32-Inch-Black/dp/B003IT6Z40� That is the model of the manufacture in 2010 Phillips 32 inch lcd television/computer monitor that was utilized in a dual screen display setup at the lawyer's desk in the commercial law office at 121 River Rock St.� Mr. Baker correctly identified it as missing after the break in, as he did the 62HM15A Toshiba HDTV in the living room, and the various audio receivers, etc. in Mr. Bakers attached December 14th, email (attached and admitted into evidence along with the reply from [email protected] at the hearing on December 21, 2011).� In his December 14, 2011 writing Mr. Baker wrote: "The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I can’t tell what else. The contents of the residence appear to have been rifled through." http://www.americanmusical.com/Item--i-SHU-BETA58A-LIST I believe that microphone is missing, it is a Shure Beta 58A Dynamic Microphone.� I reserve the right to update this inventory if it is found. A foam mattress, size full is missing.� The wooden platform for it is oddly part in the flower bed and part seemingly used to secure a window in some fashion, estimated value $800 Two, (2), of these http://www.amazon.com/Keurig-B60-Special-Single-Cup-Home-Brewing/dp/B000AQSMPO $165 Kuerig B60 Coffee Machines appear to be missing http://www.walmart.com/ip/Western-Digital-WDBAAU0020HBK-NESN-Elements-Desktop-Hard-Drive/13055863 Two, (2) of those Western Digital Elements 2TB external hard drives $190. As for damaged items, the Sony hdtv 52 inch television in the back bedroom is not turning on, please see attached picture (a clearer picture and model number will be forthcoming). Strangely, its appears that, even where the contractor (whose bill for $1,060 included a notation of "fixing leak in the basement") boarded up the back porch, he apparently did not do it very well, as the window to the back door, inside the porch, appears to have been smashed. I believe there are more things missing or damaged but this is not a task that can be done extremely quickly, and I reserve the right to supplement this inventory as more missing or damaged items become apparent.� I would like some additional time at the property due to Richard Hill's interference on Thursday and Hill's contractor having taken my ladder, which I was relying on for accessing and inventorying the attic.� Further, I wish to leave this property in very, very good shape for Dr. Merliss.� I have respect for Dr. Merliss as I do for this Court, Mr. Baker, and Mr. Hill, for whatever it is worth. Admittedly this litigation has gotten a bit scrappy, and we have all been challenged by a Landlord Tenant Statute that is not always entirely clear and does not have the benefit of a great deal of intermediate level appellate court case law to guide litigants through the ambiguities encountered throughout this case.� I want to leave this property in as good as shape as possible for Dr. Merliss, and believe Hill and Baker are intent on limiting my opportunity to do that as much as they possibly can because they want to pursue some theories of recovery based upon leaving property at the location, etc., etc., and have their contractors do their typically inflated billing for work that, as here, ultimately is not very effective, as this "securing" of the property, especially where a window unit air conditioner held in place by nothing but duct tape and lacking even a simple jam rod atop the sliding window, was left in place on a side of the house exposed to a sidewalk near the Lakemill Lodge.� Or, Hill and Baker may just be legitimately fearful that I may do something to harm their client's interest at the property and merely zealously advocating on Dr. Merliss's behalf.� I feel like an additional 8-16 hours at the property may yield a lot of benefit to the overall appearance and state of the property. I realize a stay was denied, however, I believe NRS 40.385 may be akin to the automatic stays attendant to bankruptcies. Sincerely and Respectfully, Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: [email protected] To: [email protected]; [email protected] Subject: inventory continued Date: Thu, 22 Dec 2011 12:09:18 -0800



Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402


[email protected]

Nevada Bar No: 9473


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From: Sferrazza, Pete ([email protected]) Sent: Thu 12/22/11 2:33 PMTo: [email protected]; [email protected]: Stancil, Karen ([email protected])

Dear�Mr�Coughlin:

�

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

�

Pete�Sferrazza


inventory continued

�

From: Zach Coughlin [mailto:[email protected]] Sent: Thursday, December 22, 2011 12:09 PM To: Sferrazza, Pete; [email protected] Subject: inventory continued

Dear Judge Sferrazza and Mr. Baker, Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the hammer weighted action Casio 88 key PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession. The statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial tenants where only a No Cause Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reflects that.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253: 1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting the surety's liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. 2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.

Sincerely,

Zach Coughlin, Esq.


Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: Zach Coughlin ([email protected])Sent: Thu 12/22/11 12:09 PMTo: [email protected]; [email protected]


partial inventory



Reno, NV 89501

tel: 775 229-6737

fax: 949 667 7402

[email protected]

Nevada Bar No: 9473


From: Zach Coughlin ([email protected])Sent: Thu 12/22/11 11:01 AMTo: [email protected]; [email protected]

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


To: 4bil596]9�c21b-'b42-ged8-cf4e3de


,

• FreD: Zilcllcooghl1n •

to pmvIdt • CDmple1e -=counting or no .-acdy how ,CDlratl!.ny lCCouming might be • this firM. PefSOl'\ll Prope:rty,lnckKfing �t used In the commercial business fUll outof 121 RlVI!r Rock St. Reno, IN 62hmlS

Toshiba 62HM15A Projection TV (62HM15A)

1�-�6-11 2123pa p. 37 of]7

Page 30 of 30

e!CpMSIve suits missing. expenM filCbJrH.nd kitchen appliances missing. 32 inch led television computer monitor, othercomputer monltor/s "'"""

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5eYefallllntage.nd expensi\l! high end.udIo reOevers ,everal guitar$, SlM!ral high end professiol'\llleudlo recording microphones. ,II expensive, music equipment $�"".I high end IT'III:mOf)'fOlm lNttress. broken wooden memory fOlm ""nrns pt.tfortl\ partially mlulng. wooden lhuttl!'l' on polth.

"'I� MtthH sevefll hIIld drives, both extern.l.nd i!'ltolmal H'Vef. HOTV's and computet" /I'ICN11tor1, audio 1nterWces, sound.nd vldeoc.rds, computer RAM stick!, guitar .mpljroers" family hclrlooms, mementos IIld keepsakon, oboOOusly its rldh:u1ov$ il!'\d dtlTlf1 !'INt Impossible to Nsh Into. this property.nd deliver you • perfect Il'IVerltory of all thells mlull'l9 01 dtmtoged wlthlrl an hour Of so...... npensiWll!lKttIc: shIY'� multiple high end c.raudlo IInplif""ts" f.mIIy heirlooms, IUdlo.M Yideo Ulpes rnlsslng, rnylntellectual property 6IId ClutlW med\;J 1T"issing. etc. .!!Ie.

z.m Coughl11\ Esq.

817 N. Virginia St.#2

"Reno, NV 89501

tel: 775 229·6737

f.u.: 949 667 7402

[email protected]

Nevada Bar No: 9473

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Bake., Esq. Indec ';0aM PMI FIA 'iIwIlSooc:lc lei _II"" RE: n..ntory "",,�"""'12/23111 ZId! Cou;I*ITo pIfIfTU:UO-IhoecoI.rnty ...... _""DrIcNolIhiI_ .... mFlIImZ_CougIllin(.l3�_I,�f1t l2mlll :tl3AMTo; �razuO_.-.ny.ua; cdloaI«:rOridl.rdhihw.oomS .II.du .... fII:IIMGjOl 1�1fS31S58 rrOoWog iIe<N 0nIr,.. _, ..... Sony ............. Tod>nic opMbr,Jpg (150.S I<Il) , 1MG_20tt.DaI0_20$455 TW>iINr 82hml511 Mr..JIg (1075.7 KB) • Willi 8 � III 1$ 1$Vi 1.8 Guilar Cambo � ,JMI ...... 0 ....... �.t GuilarCen!lf_(:Of"r\h\II\ (148.2 1(8), ... "'". lor purcflaH at...." tor Toshiba I52HMISA I07.pelt (31.71UlJ • IMGj01101Jl!1..2OJ111X1_ &21ncl11n back _"""",JPII (231.1 1(8) 0. .. .o\Idg. St .. ru.za and ,..,. Bolia<) .... wrilfn8 10 fullhor aupple_.nd d� the .... .--, 01 lit ... rrOoWog. M r. Bal:er and M •. Hill pte ... '""""' YOU ARE PlACED C»I A tlnGATIC»I tlOlO NOTIC€ REQlJRING YOU TO RET,o,tN �O PROOUCe ALl PHOlOilRAPHCMOEOIAIAlIO EVIOENCE YOU OR YOUR AGENTS HAve COMPILED TO THIS DATE ANO IN THE �VTVII!' I!SPECIALL Y WITH RESPECT TO PERSONAL PROPERTY ON THE PREMISES, INCLUDING �y EVlOENCf: v.tl/CH REFlECTS UPON 'MiAT WM STOlEN OR DAMAGED INClOEHT TO THE BURGI.ARY OF APPROXlMATE� Y OECEM EIEI'I I ZTH, 2Of1 (INCLl.OflG THE POUCe REPOfI:TS VOU SHOU..O HAVE MADEl. t ....... a.. "hllD updalllllio 1ro.oarrIory. a.., 01 do ... biN ... � Of. 011..- , .. <Ii ........ ", _ or d'mI9td ....., ,"M', lIMo rlgM 10 alN<ld 1hio ...... 1OI"y.".",., .""at ..... """" � up und ....... at ... � ItdcutIII, 1M ,-CIWI BIIIIr, £aq." � pt-'I', ""'1_ ........ .....,s_._1111, .......... ButI_!hI' .... """""alhl ___ ...... iogu ..... __ aIJrioI.ooIi'."�III!ICIIot\II'"'""'" .... &fIIOI"II(Toucan_.,....o'*'CI __ '''''.,.. __ �;,_IN._ ........ IeI ... -..bu rgllry), _�� .......... � CASPX!IXI That Is \til III 10tt � wi .. '-_....,;ghItrf .c'Iioft. CMIo Pr...,. � IhaIIIlt *'Pili. d" � tt.. hnI """')0 riIoIng, � o� ................... _ .. "' .. _s/lr-l>egg_I_."..,., ThiltI.R 8aQ8aOuoolSourGo _�_ ""'_"CI .. ,,_I � � gvilll 1haI. oMo.int, � ..... in .... fn>nt oIIioo. """ __ In .. _ CO<IdJian, .. Iddtian 10 ........ Iha .. ,..,..,. I&r .... rbot I.R Bapd...t_.,....,._IeII:II1Ip:/IIn.�.Gen • .....aICho ... �Jo<:�"""' DrHIft3055MShltp:_,IIcIIvoocIuIioMOOII'IToo/Iiba-e2HMt� ......... """ 11114).ou p .. ,,,""'" • n_ ...... Ior .... I Ioloo\olon. PIt __ 1IIKhIoI ,ecq.t ""!hat ..... """ 1_ pbi" 01 _ TaahIba 62 m lI""illon�.g.--.CMiUn.-O-Spid .... I.,S.\m.t.a-ouu'-CoMIIa-Atnp-� ng�.gc ThIll ila lin' & Spy<Ier II �uU' I� IIIaI III miwlnghltp:JI_ ..... ,Nl!'Oflllprcj�rnatrrog .... p5III5w �50S 8.'</...1. SIOO8402.�lI"sv_ I did not 'M !ilia S ......... "II HLP5eaSW_ dlp'I!hI PJOP&fI\I. I wanl to v .. ., _l1li,. " !of ..... 001\II (V .... b.1argo "Ie¥� but _ ... lOp ""d ba.n ......... 'itv .. _/tom I5 ......... L r\ddi!lonolly, .... ,,"lilt "" � ...... IhIII_ .. "ri_lIvaugh IncIdont lei I"" burgllory_s "" AKG C3008 � \hilt" ""''''If ."'._ up.nd )0 """'OI<"y d.,.....t,hap:-. ...... fwlt&f."""""""_IIoIIlC3OOQ8n utm.._"'"'GaogIo&�PC&vInL"""""ig""u.-""&w...._"IiQ...,_:sooo�ttt&ge:idoCJ&S_.'Id8OCF05IhwodV2VGIwmilsi"lil 11>1'" I S 'MIl !KhnIc .r..:2&409My _, _, (all pIctu,. __ '" 01 OnII)'O R..-.. � audio a�1 bII ..... , latt:lNSany x,tod car AllelIc> 121nch .. -.....001 .. , _in """ """Iol\ln ,a ...... 11 ,et8l1ec1 tor. I ........ , __ 175 ,1* _ h1ll'�_._II._p/Sony.}(plod.xs.oTXI2OLW. 12-c.-&01rwoDled120111333A Sorr,t aw", , ....... -'" 10 be d._ad. I .... prcMiI IIIe mad ....... I_.hIIp:»-,_ ..... � 32Ffl35050-F7.�ez<IQ Thol ia the model at the .....wl"U. irr 2010 PhI'Ps 52 FdI bit �""� .......... NI_ rrdo:ad ... dual screen �t ...... I /tr. 10...,..(1 6o:&l! In !hi _CiII ;a..,0111� .1 121 Rive! Rod< St. "'L s.ur corrtdly Idttd'lId � .. ..a.trr; .,.. Iha "' •• 1n, .. ... didfll.82HMI5l\TOIHbaHOTVi'I ... IrMg __ ... ..,M ..,.,., ' ...... ".Ir:. .. Nt.-...._�I.III. .... �( __

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LAW OFFICI ItlCIW'lO Ii. IUU

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• RICHARD G. HILL, ESQ. " State Sar No. 596

2 CASEY D. SAKER, ESQ. State Bar No. 9504

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3 RICHARD G. HILL, CHARTERED 652 Forest Street

4 Reno, Nevada 89509 (775) 348-0888

5 Attorney for Plaintiff

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• F ILED

11 DEC 29 PM l,: 39 SiE�E TU1TLE

_ R�JU��i .,' BY •

UEPUTY

6 IN THE JUSTICE COURT OF RENO TOWNSHIP

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9 MATT MERLISS;

I Case No.: REV'Oll-001708

Dept. No. ,. 1 0 Plaintifft

1 1 v.

12 ZAC�Y BARKER COUGI:ILI'i;

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16 TO:

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Defendant. )

NOTICE OF ENTRY OF ORDER

ZACHARY BARKER COUGHLIN, the above-named defendant.

YOUWlLL PLEASE TAKE NOTICE that an Order Resolving Motion to Contest

18 Personal Property Lien was entered on December 21, 2011, in the above-entitled matter.

1 9 A true and correct copy of said Order Resolving Motion to Contest Personal

20 Property Lien is attached hereto as EXHIBIT 1.

21 22



23 contai� the social security ��fr o� �n�person.

24 . DATED this .:J � day of December, 2011.

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RICHARD G. HILL, CHARTERED

CASEY D. �� 28 652 For Street

Reno, Nevada 89509 Attorneys for Plaintiff (1151 __

FM(1151 :MII-0858

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I.AWOFFlCI ... ICHARD G. HILL

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�'"::�� 28 (775) )4e.oeM

F.-(T75) 34lI-085II

EXHIBIT NO. 1

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• • • , 'IlJIfu: I8IT INDEX

DESCRIPTION Order Resolving Motion to Contest Personal Property Lien

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EXHI BIT 1

EXH IBIT 1

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• • F I L E D

1 1 DEC 2 1 PM 12: 1 7 S�?TUTTLE

REIIO s�. BY __ =:;m;�-

DEPUTY

IN TIlE JUSTICE COURT OF RENO TOWNSHIP

COUNlY OF WASHOE, STATE OF NEVADA

MATTHEW MERLISS,

PlaintifflLandlord,

vs. Case No. REV 201 1-001708

ZACHARY BARKER COUGHLlN, 11 Dept. No. 2

Defendantffenant. 12

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16 Having considered the evidence presented to this point and the parties having

17 agreed to allow the Court to enter an order based on said evidence. the Court finds that $480.00-

18 is fair and reasonable compensation for storage of the personal property afthe Defendant for

19 the period of November 1, 20 1 1 to November 16, 2011.

20 Based upon the foregoing, the Court hereby enters the following Order:

21 I. That the Defen!!",,!, Zachary Coughlin, shall pay the sum of $480.00 in

22 certified funds to the Plaintiff at the Law Offices ofeasey Baker on or before Wednesday •

23 December 21. 2011 at 4:00 p.m.

24 2. The Plaintiff shall have the right to video�pe the premises from 9:00

25 a.m. to 5:00 p.m. on Thursday. December 22, 2011 and said video shall include personal and

26 real property; however, they shall not identify any personal information of any clients of the

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Defendant's law practice. In addition, the Plaintiff, by his attorneys or other authorized

2 representative, shall have the right to videotape the property following the removal by the

3 Defendant of his personal property, which shall occur on or before 5:00 p.m. on December 23,

4 2011. The purpose of the video is to determine whether there is any damage to the real or

5 personal property of the Plaintiff, which shall include all fixtures and appliances that belong to

6 the Plaintiff. In addition, the video shall be used to verify what property, if.any, is left on the

7 premises by the Defendant. .

8 3. Anything and ev�g left on the property after 5:00 p.m. on Friday.

9 December 23, 2011, may be disposed of by the Plaintilfin his sale discretion.

10 4. Defendant shall have access to the property from 9:00 a.m. to 5:00 p.m.

li on Thursday, December 22, 2011, to videotape, ifhe desires, the real and personal property and

12 to remove his property from the premises. In addition, the Defendant shall have from 9:00 a.m.

13 to 5:00 p.m. on Friday, December 23, 2011 to videotape and remove his property from the

14 premises. Access will be provided by a representative of the landlord, who will unlock the

15 property at 9:00 a.m. and lock the property at 5:00 p.m. on both days.

16 5. The Landlord shall have no liability for any injuries sUtrered by

17 Defendant or anyone else during said removal process, except for an in�entional tort committed

18 by the Plaintiff or his representatives against the person of the Defendant and, likewise, the

19 Defendant shall have no liability for any injury to the person of the Plaintiff or his agents,

20 except for an intentionaJ tort by the Defendant. Further, anyone the Defendant authorizes to be

21 on the premises during the period Thursday, December 22nd, from 9:00 a.m. to 5:00 p.m. and

22 Friday, December 23rd, from 9:00 a.m. to 5:00 p.m. shall sign the Release of Liability, attached

23 hereto as Exhibit A. If any third party is on th� premises without signing the waiver, they shall

24 be trespassers �d the Plaintiff or his age.nts can have them removed by l�w enforcement

25 6. The Defendant shall not cause any damage to the realproperty or

26 personal property of the Plaintiff located at 121 Riv� Rock, Reno, Nevada, from this .date

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forward. The Court will retain jurisdiction over the issue of any damages caused to the real

2 property or personal property of the landlord during the removal process.

3 7. The Defendant shall have no claim for damages with respect to missing

4 or damaged personal property at 121 River Rock, except for property identified by him, in

5 writing, by 11:00 a.m. on Thursday. December 22, 2011 by email to Mr. Baker, with a copy to

6 the Court. The Defendant reserves any other claims he has that may not involve his personal

7 property located at the premises to the extent legally allowed by statute or case law.

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8. The Plaintiff reselVes all claims of any nature including. but not limited

to, additional storage fees from November 17. 2011 up until December 23, 2011, damages to

the property allegedly caused by the Defendant, dispo�al costs of any property left behind,

attorney's fees and costs to the extent legally allowed by statute or case law.

IT IS SO ORDERED this _J'-cL �r.,ofD��mber.

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• • RELEASE OF LIABILITY

By signing below, your agents bereby release Dr. Matthew Merliss, the Matthew 1.

Mediss Living Trust, the law finn of Richard G. Hill, Chartered, Richard G. Hill, Esq., and

Casey D. Baker, Esq., in advance, from any and all injuries, from any source and of any kind,

arising out of your or their presence on the property at 121 River Rock, Reno, Nevada, today or

in the future (assuming future authorization for same), except tho,se arising out ofan intentional

tort by either party against the other. You, personally. agree to indemnify the above from any

such loss, cost or damage, including fees.

By signing below, you agree to all of the foregoing.

Dated this ___ day of December, 2011.

Exhibit A

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• • CERTIFICATE OF SERVICE

Lori Townsend, certifies: (a) she is a citizen of the United States, over 18 years of

age, and not a party to the within action, and (b) that affiant served a cOpy of the attached on the

persons, at the addresses, on the date, and in the manner indicated below:

Name: Address 10 which mailed/delivered:

December 21, 2011

December 2 1 , 2011

Name: Address to which mailed/delivered:

December 21, 2011

December 21, 2011

LORI TOWNSEND, Secretary to PETERJ. SFERRAzzA. Justice of the Peace Reno Justice Court, Department 2 ,

Richard G. il.i.n, Esq. Casey D. Baker, Esq. 652 Forest Street Reno, NY 89509

date hand delivered. date placed in county interoffice mail. . date p1aced in county mailing sYstem for postage and deposit in u.s. mail. transmitted via facsimile to 775-348-0858

Zachary Barker Coughlin, Esq. 817 North Virginia Street Reno, NY 89501

date hand delivered. date placed in county interoffice mail. date placed in county mailing system for postage and deposit in U.S. mail. transmitted via facsimile to 949-667-7402

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. , l • • 1 CERTIFICATE OF SERVICE

2 Pursuantto NRCP 5(b), I hereby certify th.t I am an employee of RICHARD G,

3 HILL, �HARTERED, and th.t on the2'\ �y of December, 2011, I 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 Resolving Motion to Contest Personal Property

6 Lien, file�stamped December 21, 20n, addressed to: ! .� � . �

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Z.eh Coughlin, Esq,

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c/o Silver Dollar Motor Lodge 817 North Virginia Street, Ste, 2 Reno, Nevada 89501

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