cv11-03628-2658302 bakers 1 20 12 second motion for order to show cause 1708 00696 26405...

7/28/2019 CV11-03628-2658302 Bakers 1 20 12 Second Motion for Order to Show Cause 1708 00696 26405 26800jbig2lossy

1/8

F I L E DElectronically

01-20-2012:02:35:37 PM

Joey Orduna HastingsClerk of the Court

Transaction # 2711293gr

LAW OFFICEG. HILL

1 Code No. 2145RICHARD G. HILL, ESQ.2 State Bar No. 596CASEY D. BAKER, ESQ.3 State Bar No. 9504RICHARD G. HILL, LTD.4 652 Forest StreetReno, Nevada 895095 (775) 348-0888Attorney for Respondent Matt Merliss6789

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADAIN AND FOR THE COUNTY OF WASHOE

10 ZACHARY BARKER COUGHLIN, ))))))))))

1112 v.

Appellant, Case No.: CVll-03628Dept. NO.713 MATT MERLISS,14 Respondent.151617

SECOND MOTION FOR ORDER TO SHOW CAUSEPlaintiff) MATTHEW MERLISS, through counsel, RICHARD G. HILL, LTD.,

18 and CASEY D. BAKER, ESQ., moves the court pursuant to NRS 22.010(3) for an order19 requiring appellant, ZACHARY BARKER COUGHLIN ( COUGHLIN ), to appearand show20 cause why he should not be held in contempt of this court for unlawfully resisting Merliss'21 efforts to comply with this court's order of January 11, 2012. This is plaintiffs second22 motion for order to show cause, and is in addition to the motion plaintiff filed in the Reno23 Justice Court on November 21 2011. This motion is based on the points and authorities24 below and all papers and pleadings on file herein.252627

POINTS AND AUTHORITIESADJUDICATED FACTS AND PROCEDURAL HISTORY

281. Merliss is the owner of the real property located at 121 River Rock Street,

Reno, Nevada the PROPERTY ).77 5) 348-0888


2/8

LAW OFFICEHILL

1 2. On or about March 1, 2010 MerIiss rented the Property to Coughlin and his2 then-girlfriend.3 3. On August 22 2011 Merliss properly and lawfully terminated Coughlin s4 month-to-month tenancy pursuant to NRS 40.251 by serving the statutory No-Cause5 Termination Notice to Vacate NRS 40.251 1) upon him.6 4. On September 27 2011 MerIiss properly served Coughlin with a Five-Day7 Notice ofUnlawful Detainer For Failure to Vacate Rental Unit - NRS 40.251 No-Cause8 Termination) and Notice ofSummary Eviction - NRS 40 2549 5. On October 27 2011 after all due and proper notice and opportunity to be

10 heard had been given to Coughlin, this court entered its Findings of Fact, Conclusions of11 Law and Order Granting Summary Eviction. A true and correct copy of the referenced12 order is attached hereto as EXHIBIT 1.13 F C T S S H O ~ N G C O N T E M P T O F C O U R T14 6 EXHIBIT 1 was served on Coughlin on November 1, 2011 by the Washoe15 County Sheriffs Department in its customary manner, by posting same on the front door16 of the property in the manner customary for evictions in Washoe County. The locks to the17 premises were changed at that time, thereby ejecting and dispossessing Coughlin of18 possession of the Property.19 7 Thereafter, Mr Coughlin unlawfully, and without any right to do so,20 reentered upon, and took possession of, the Property.21 8. Specifically, on November 13 2011 Mr. Coughlin was found to be living in22 the basement of the Property. Coughlin was arrested and charged with trespassing at that23 time. A motion for order to show cause relating to Coughlin s unlawful reentry on the24 Property is currently pending in the Reno Justice Court. That reentry is not the subject of25 this motion, but is referenced here to give the court some backgroundof he events leading26 up to this motion.2728Nevada 89505775) 348-0888

2


3/8

L W OFFICEQ. HILL

1 9. On December 21, 2011, after a hearing on Coughlin s motion to contest2 Merliss personal property lien, Judge Sferrazza of he Reno Justice Court entered another3 order. A true and correct copy of that court s order resolving motion to contest personal4 property lien is attached hereto as EXHIBIT 2.5 .10. Also on December 21, 2011, this case was sent up to this court on appeal6 from the Reno Justice Court.7 11. Pursuant to EXHIBIT 2, Coughlin was provided access to the Property on8 Thursday, December 22, 2011. That day, Coughlin sent an email to the undersigned and9 Judge Sferrazza, in which he essentially announced that he was entitled to a stay, and to

10 return to and continue in possession of the Property. Judge Sferrazza quickly responded11 by email, and reminded Mr. Coughlin that the stay had been denied. Coughlin removed12 very littl of his property that day, and clearly intended to simply re-take possession of he13 house, until Judge Sferrazza disabused him of that notion.14 12. On Friday, December 23, 2011, Coughlin had a crew of helpers, and made15 progress. Nonetheless, Coughlin failed to remove all of his belongings from the Property.16 Coughlin failed to remove his things despite having been given additional time to do so after17 the time set by the Reno Justice Court in its order of December 21, 2011 (EXHIBIT 2 had18 expired.19 13. On December 30, 2011, Coughlin moved this Court for a temporary20 restraining order to prevent Merliss from disposing of the items he (Coughlin) had21 abandoned on the Property. Coughlin s motion was fully briefed, and the Court entered its22 order denying the motion on January 11, 2012. A true and correct copy of this Court s23 January 11,2012 order is attached hereto as EXHIBIT 3.24252627

14. On Thursday, January 12, 2012, in accordance with EXHIBIT 2 andEXHIBIT 3, a licensed contractor hired by Merliss began cleaning up the Property anddisposing of the abandoned items still remaining there.

28775) 348 08883


4/8

LAW OFFICEG HILL

1 15 Early that afternoon, while the contractor was hauling the first of several2 loads of abandoned property to the transfer station (dump) for disposal, Coughlin stopped3 the contractor in traffic and attempted to prevent him from carrying out his task.4 16. Specifically, Coughlin stood in front of the contractor's vehicle in an effort5 to prevent him from proceeding to the transfer station. Coughlin threatened to sue the6 contractor. Coughlin climbed up on the contractor's vehicle. Coughlin then called the7 police and falsely told them that the contractor had stolen his possessions, and that the8 contractorhad tried to run him over. Coughlin s acts were specificallycalculated to9 prevent the contractor from disposing of the abandoned property, and to

10 frustrate and interfere with Merliss compliance with this Court s January 11,11 2 1 2 order.12 17 When Mr. Hill of the undersigned's office was notified of the foregoing, he13 went to the transfer station and presented EXHIBIT 2 and EXHIBIT 3 to the police. The14 contractor was then allowed to proceed.15 18. However, before the contractor could return to the River Rock Property,16 Coughlin was there. He had his video camera and was walking up and down the street17 screaming and yelling at the police, the contractor, and Mr. Hill, once Mr. Hill arrived. At18 the instruction of the police, Mr. Hill then obtained a temporary protective order ( TPO )19 g i n ~ t Coughlin from the Reno Justice Court. Coughlin ended up being arrestedand taken20 to jail that day as a result of his antics at the transfer station and the Property.21 . 19. On the morning of Friday, January 13,2012, Coughlin sent an email to the22 office of he undersigned. Attached to that email was a Supplemental Reply prepared and23 signedby Coughlin. A true and correct copyofthe email and attached supplemental reply24 are attached hereto as EXHIBIT 4.25 20. The court is asked to note that on page 1 of his supplemental reply,26 Coughlin identifies himselfas Pro per appellant, which, together with his accompanying27 email, seems to indicate that he intended to file the supplemental reply in this case.28

775) 34S-08884


5/8

LAW OFFICEHILL

1 However, the caption of the document, as well as most of its content, indicates that he2 perhaps intended to file it in the Carpentier v Aames Funding case (Case No. CV08-3 01709). On information and belief, the document ended up being actually filed in the4 Carpentier case.5 21. Of particular note to this Court, however, is the first six pages of Coughlin's6 supplemental reply, wherein Coughlin describes, in some detail, the events of January 12,7 2012.8 22. On January 17, 2012, Coughlin filed two documents in this case. Each9 document was entitled Opposition to Motion for Attorney's Fees. There is not, and has

10 never been, any motion for attorney's fees filed in this case in this court. Coughlin's11 opposition is a fugitive document, it violates Rule 11 and Nevada RPC 3.1 (meritorious12 contention), and should be stricken by the court. t s only worth mentioning here because13 it contains the same 6-page rant about the events of January 12, 2012 as does his earlier14 supplemental reply.15 23. Reference is made to the declaration of Phillip Stewart, attached hereto as16 EXHIBIT 5. .17 24. Reference is made to the Declaration of Richard G Hill, Esq., attached18 hereto as EXHIBIT 6.19 lAW20 .1. Reference is made to NRS 22.010: The following acts or omissions shall be21 deemed contempts: 3. Disobedience or resistance to any l wful writ, order, rule22 or process issued by the court or judge at chambers. (Emphasis added.)23 2. Reference is made to NRS 22.030(2), which provides: 2. If a contempt is24 not committed in the immediate view and presence of the court or judge at chambers, an25 affidavit must be presented to the court or judge of the facts constituting the contempt, or26 a statement of the facts by the masters or arbitrators.7

28da 69505(775) 34808S85


6/8

LAW OFFICEG. HILL

1 ~ ~ { S I S2 On December 21,2011, Judge Sferrazza of the Reno Justice Court entered an3 order that, among other things, allowed Merliss to dispose of anything left at the Property4 after 5:00 p.m. on Friday, December 23, 2011. ee EXHIBIT 2. On January 11, 2012, this5 Court denied Coughlin s motion for a temporary restraining order, and, in so doing,6 affirmed Judge Sferrazza s previous order. ee EXHIBIT 3. When Merliss attempted to7 comply with the courts orders, Coughlin attempted to prevent him from doing so.8 Coughlin even attempted to fraudulently enlist the police to aid him in his efforts to thwart9 this Court s and the Reno Justice Court s directives. Coughlin s actions constitute contempt

10 of court underNRS 22.010 3). The affidavits contemplated byNRS 22.030 2) are attached11 hereto as EXHIBIT 5 and EXHIBIT 6. The form of he order Merliss asks the court to enter12 is attached hereto as EXHIBIT 7.13 WHEREFORE, Merliss prays for an order of this court requiring defendant,14 ZACHARY BARKER COUGHLIN, to appear and show cause why he should not be held in15 contempt of this court under NRS 22.010 3) for his resistance to this court s lawfully16 entered order; and for such other, further and additional relief as seems just to the court17 in the premises.18 AFFIRMATION Pursuant to NRS 239B 03019 The undersigned does hereby affirm that the preceding document does not20 contain the social security number of any person.,21 DATEDthis d.\ day of January, 2012.222324252627

RICHARD G. HILL, LTD.

CASEY .BARICHARDG.652 Forest StreetReno, Nevada 89509Attorneys for Plaintiff

28Nevada 89505775) 346-08886


7/8

LAW OFFICEG. HILL

12

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

3 HILL, LTD., and that on h e Z ~ d a y ofJanuary, 2012 I deposited in the United States mail4 .at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy of the5 foregoing Second Motion for Order to Show Cause to:6789

101112131415161718192021222324252627

Zach Couffihlin Esq.1422 E 9 Street, 2Reno, Nevada 89501

I . 1 - . /i ~ Q

28775) 348-0888


8/8

LAW OFFICEG HILL

123456789

10111213141516171819202122

232425262728

775) 348-0888

EXHIBIT NO.1

2

3

4567

EXHI IT IN EX

DESCRIPTION PAGESFindings of Fact, Conclusions of Law and Order 6Granting Summary Eviction dated 10 27 11Order resolving motion to contest personal propertylien dated 12 21 11 5Order dated 1 11 12 denying motion for temporary 4restraining orderEmail and supplemental reply dated 1 13 12 27Declaration of Phil Stewart 3Declaration of Richard G Hill 4Proposed order 2

,

cv11-03628-2658302 bakers 1 20 12 second motion for order to show cause 1708 00696 26405...

Documents