opening brief - · pdf fileopening brief page 3 of 36 the following is a list of the evidence...

Opening Brief

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Good day, my name is Ian J Toppler,

I am filing this appeal regarding district court case number A-16-746765-A, dismissed without a hearing,

which was an appeal from the Justice Court, case number 16A001148, which was dismissed on unethical

grounds. Everything proving this is within this document.

Before I begin, you should note a few important facts. One, the defendant stated on 25 October, 2016,

that Henriott Real Estate Services, LLC was using the FFN Real Property Management Las Vegas, and that

is why they are the liable party. The only company in the History of Nevada to have both the FFN and

d/b/a Real Property Management Las Vegas on state record, since the 1800s, is Real Property

Management of Las Vegas, LLC’s (RPMLV LLC) Owner Tod Wever, the defendant in my case.

Two, the defendant in my case stated there was no monetary tie between myself and his company. I

have provided snap shot images from three of my bank statements from March 2014, December 2014,

and most importantly June 2015 (see Fig 25, 26, 27) of direct deposit rent payments from Real Property

Management of Las Vegas, LLC. This money trail alone proves that RPMLV LLC was the company

managing my property and accounts, and not Henriott real Estate Services, LLC which was permanently

shut down on March 31, 2015 (see Fig 6). I can provide every monthly bank statement from 2010

through 2015 that you would wish to see showing the Defendant in my case was managing my account

and my property.

Also, The Defendant claimed to have taken over on 28 May, 2015 from the company Henriott Real

Estate Services. I was received information on 23 November, 2016, per the NRED record, provided by

NRED Daryl McCloskey, that RPMLV LLC Owner Tod Wever filed his initial complaint to stop doing

business with Henriott Real Estate Services, LLC on October 07, 2014, and after Henriott Real Estate

Services had stopped d.b.a/contact with RPMLV in June 2014 (per Clark County of Nevada official FFN

records provided by Clerk). Everything within my case happened on and after June 2014. See Figure 22,

23, and 24. This also proves everything in Justice Smith and Jansen’s statement of fact to be false, and

proves my claim is valid for appeal on top of the rest of the overwhelming evidence which was provided

to the district court by the lower court on 11/21/2016, before Justice Smith made his decision to dismiss

on 11/22/2016.

In addition to the Clark County of Nevada FFN information provided by the clerk, here is the explanation

I provided as to why my contract was with Real Property Management of Las Vegas, LLC (RPMLV) and

not Henriott Real Estate Management Services, LLC (HRES), and why Justice Smith’s conclusion is false.

To start with, the section of the contract that Justice Jansen and Smith claim to based their decision on

states the following:

“Ian J Toppler the undersigned owner hereby employs the undersigned Manager, Henriott Real Estate

Services, LLC, d/b/a Real Property Management Las Vegas, exclusively to rent lease, operate, and

manage real property situated at: 8021 Copperhead Creek st, Las Vegas, NV 89143.”

The key words here are “d/b/a”, “Doing Business As”. The defendant and Justice Jansen claimed that the

contracted company was using the FFN Real Property Management Las Vegas (which is what Justice

Smith is attempting to claim, and I can easily disprove).

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The facts of the case are Henriott Real Estate Services, LLC was working for and doing business as the

company Real Property Management Las Vegas, which employed Rex Henriott as a broker and not

Property Manager (which section 12: ASSIGNABILITY of the contract proves on its own.)

Section 12 also proves that Real Property Management of Las Vegas, LLC did exist before May 2015.

Justice Smith and Jansen claim it did not.

This is in addition to the evidence below from City of Henderson and Clark County of Nevada Clerks that

prove RPMLV LLC was the sole Property Manager. HRES was not business licensed for either Property

Management of Brokerage in Clark County of Nevada.

On 25 October, 2016, I attend Justice court against my property management company Real Property

Management of Las Vegas, LLC (RPMLV LLC) and RPMLV LLC Owner Tod Wever. The Justice of the Peace

William D Jansen conducted refused to look at (or take into consideration) any of my evidence, and

accepted Real Property Management of Las Vegas, LLC Principle Owner Tod Alexander Wever’s perjury,

fraud, misrepresentation of facts, and deceit as Statement of Facts. This is despite Mr. Wever’s

statements being proven false by the evidence and records I offered and provided to the court from the

Property Management Agreement, Nevada Secretary of State, Clark County of Nevada, Las Vegas Justice

Court records, and Nevada Real Estate Division. I would note before reading on, as will be seen below,

that the business Henriott Real Estate Services, LLC has never held a property management or broker

Business License in the state of Nevada, per Clark County of Nevada Clerk and City of Henderson

records.

In the Statement of Fact and Conclusions of Law, Justice of the Peace William D Jansen stated the

following:

“STATEMENT OF FACT: Plaintiff signed a contract with Henriott Real Estate Services, LLC to manage his

property here is Las Vegas. Mr. Wever who was an employee of Henriott Real Estate Services, LLC

negotiated the management contract between Henriott Real Estate Services, LLC and the Plaintiff. Mr.

Wever advised he was not personally involved in the management of the Plaintiff’s property until he

became licensed on May 28th 2015. Henriott Real Estate Services, LLC had the license take away for

embezzling monies for the company. Board of Realtors gave Tod Wever the go ahead under his license

to take over Henriott Real Estate Services, LLC. On May 28th 2015 Mr. Wever opened a new company

called Real Property Management and managed Plaintiff’s property from May 28th 2015 until July 2015

when the Tenants were evicted.

CONCLUSION OF LAW: Court finds that since the contract was between Henriott Real Estate Services,

LLC and not with Defendant’s Tod Wever Real Property Management Las Vegas, that Plaintiff sued

wrong party. Plaintiff failed to prove what damages occurred during the three-month period

Defendant’s company managed the property.”

Everything stated by Mr. Wever and Justice Jansen’s Statement of Fact are blatant lies, and poorly

chosen. The following evidence was brought and provided to the court, and ignored by Justice Jansen

and Justice Smith.

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The following is a list of the evidence provided to the court that disproves all statements in Justice

Jansen’s Findings of Fact and Conclusions of Law:

Item 1: “On May 28th 2015 Mr. Wever opened a new company called Real Property Management”

The company “Real Property Management” has been owned and operated by another person

since 12/31/2013 and was not founded by Tod Wever in 2015. See Figure 1. The company I am

suing is Real Property Management of Las Vegas, LLC, Owner Tod Wever (defendant).

Per the Nevada Secretary of State, the business Real Property Management of Las Vegas, LLC

was filed with the Nevada Secretary of State on 10/2/2008. Officers listed are Tod Wever and

Holly Wever, with Holly Wever listed as the current Registered Agent. NV Business ID:

NV20081090604. See Figure 2.

Per the Clark County of Nevada, Real Property Management of Las Vegas, LLC Business License

Detailed information, the Property Management Date of License is stated as 12/01/2009.

License Number 2000243.549. This is clearly 5 years and 5 months before Mr. Wever and Justice

Jansen state under oath that Mr. Wever started his company. See Figure 3.

Per the Clark County of Nevada Real Property Management of Las Vegas, LLC Business License

Detailed information, the Real Estate Broker Date of License is stated as 12/01/2009. License

Number 2001035.684. See Figure 4.

Item 2: “the contract was between Henriott Real Estate Services, LLC and not with Defendant’s Tod

Wever Real Property Management of Las Vegas”

The contract was with Real Property Management of Las Vegas, LLC, and not Henriott Real

Estate Services, LLC. RPMLV LLC undersigned the Manager Rex Henriott from Henriott Real

Estate Services, LLC, to do business as Real Property Management Las Vegas exclusively to rent,

lease, operate, and manage my property under/employed by Real Property Management of Las

Vegas, LLC. It came to light in Jan 2016 that Henriott Real Estate Services, LLC only employed

one person, Rex Henriott, and his company has never had a business license to perform

property management or brokerage. RPMLV LLC had conducted all the renting, leasing,

operations, and management of all the contracted real properties themselves. Mr. Wever

attempted in court to misrepresent themselves as if employees working for Henriott Real Estate

Services, LLC. (See bank statements below, and the defendants name on the Residential Lease)

During court, Mr. Wever stated that nowhere in the contract did it state his company. The

Justice was given a copy of the contract by myself and the Defendant. However, Section 12 of

the contract states the following,

“ASSIGNABILITY: This agreement is expressly assignable to another qualified property manager

or designated managing broker at the discretion of Real Property Management of Las Vegas,

LLC.”

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See Figure 5. Note the full contract is included in a CD with the rest of the 350+ pages of

evidence provided to Justice Jansen and Justice Smith, for your review.

Henriott Real Estate Services, LLC was d/b/a Real Property Management of Las Vegas. Under the

employment of RPMLV LLC. As RPMLV LLC did not have a broker on staff, RPMLV LLC hired

Henriott Real Estate Services, LLC’s Rex Henriott to work for them in the capacity as a

designated managing broker. This allowed RPMLV LLC Principle Owner Tod Wever to conduct

their business as a property management company. This also proved that the contract was not

exclusively with Henriott Real Estate Services, LLC in any form, as Real Property Management of

Las Vegas, LLC could have changed the designated managing broker to any other, at any time

during the 5 years RPMLV LLC managed my property.

On 28 May, 2015, RPMLV LLC Owner Tod Wever legally made himself the designated managing

broker at his own discretion. RPMLV LLC illegally conducting the brokerage position for at least 2

months before a brokerage license was awarded. Note the Status and Business License Exp date

in Figure 6.

Had the contract truly been exclusively with Henriott Real Estate Services, LLC, and not RPMLV

LLC as Justice Jansen has stated, it would have become Void and Terminated on 3/31/2015. This

was when Henriott Real Estate Services, LLC’s business status was revoked by the Nevada

Secretary of State. See Figure 6.

I discovered Henriott’s License had been revoked when I began the legal process in Dec 2015 for

the willful misconduct and repeated breach of contract by RPMLV LLC.

I informed the Justice that I had never witnessed or had any contact with Rex Henriott during

the entire 5 years of my contract with RPMLV LLC.

Also, I have multiple emails from Real Property Management of Las Vegas employees and the

Owner himself identifying themselves as Real Property Management of Las Vegas and that

identify Rex Henriott as “A Dvision of Henriott Real Estate Sevices, LLC., Rex Henriott – Broker”

which makes him an independent contractor working for Real Property Management of Las

Vegas llc, and NOT the Property Management Company. See Figure 20.

Additional Information of Note: I was recently provided additional information on 23

November, 2016, per the NRED record, provided by NRED Daryl McCloskey, that RPMLV LLC

Owner Mr. Wever filed the first complaint to stop doing business with Henriott Real Estate

Services LLC on October 07, 2014, and After Henriott Real Estate Services had stopped

contact/communications with RPMLV LLC on June 2014 (per Clark County of Nevada official FFN

records provided by Clerk). See Figure 23 and 24. This in itself proves every in Justice Jansen’s

statement false, and proves my claim is valid for appeal on top of the overwhelming evidence I

provided.

Item 3: “Mr. Wever who was an employee of Henriott Real Estate Services, LLC negotiated the

management contract between Henriott Real Estate Services, LLC and the Plaintiff.”

This statement itself is a breach of the law NRS 645.

It was Henriott Real Estate Services, LLC, Rex Henriott, that worked for RPMLV LLC as a broker

and not property manager. Per NRS 645.030, only licensed real estate broker may have

negotiated a contract. NRED records were provided to the Justice proving that Tod Wever was

not a licensed real estate broker when the contract was negotiated. See Figure 16. Only Rex

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Henriott held that real estate license and could have negotiated a contract for a company with a

Business license to perform property management, which was RPMLV LLC.

Per Section 12 of the PMA contract, Henriott Real Estate Services, LLC was assigned by RPMLV

LLC, so RPMLV LLC conduct business as a Property Management Company, at RPMLV LLC

discretion.

Section 12 only permits RPMLV LLC to select a person to manage or broker the property

contracts, but does not allow for another business to independently take over the contract. The

contract does not allow for itself to be assigned to another company.

Note the following from NRS 645. I brought the entire printed law with me that day.

o Per NRS 645.013 “Designated property manager” defined. “Designated property

manager” means a person who has the qualifications required by NRS 645.6055 to be a

designated property manager and who is appointed as the designated property

manager for an office pursuant to NRS 645.6055.

o Per NRS 645.0195 “Property manager” defined. “Property manager” means a person

engaged in property management who, as an employee or independent contractor, is

associated with a licensed real estate broker, whether or not for compensation.

o Per NRS 645.030 “Real estate broker” defined.

1. “Real estate broker” means a person who, for another and for compensation or with

the intention or expectation of receiving compensation:

(a) Sells, exchanges, options, purchases, rents or leases, or negotiates or offers,

attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of,

or lists or solicits prospective purchasers, lessees or renters of, any real estate or the

improvements thereon or any modular homes, used manufactured homes, used mobile

homes or other housing offered or conveyed with any interest in real estate;

(b) Engages in or offers to engage in the business of claiming, demanding, charging,

receiving, collecting or contracting for the collection of an advance fee in connection

with any employment undertaken to promote the sale or lease of business

opportunities or real estate by advance fee listing advertising or other offerings to sell,

lease, exchange or rent property;

(c) Engages in or offers to engage in the business of property management; or

(d) Engages in or offers to engage in the business of business brokerage.

2. Any person who, for another and for compensation, aids, assists, solicits or

negotiates the procurement, sale, purchase, rental or lease of public lands is a real

estate broker within the meaning of this chapter.

o Per NRS 645.0075 “Business broker” defined. “Business broker” means a person

who, while acting for another and for compensation or with the intention or expectation

of receiving compensation:

1. Sells, exchanges, options, purchases, rents or leases a business that is sold,

exchanged, optioned, purchased, rented or leased as part of an interest or estate in real

property;

2. Negotiates or offers, attempts or agrees to negotiate the sale, exchange, option,

purchase, rental or lease of a business that is or is intended to be sold, exchanged,

optioned, purchased, rented or leased as part of an interest or estate in real property;

or

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3. Lists or solicits prospective purchasers of a business if a component of the listing or

solicitation is an interest or estate in real property.

Mr. Wever does have a Clark County of Nevada Broker and Property Manager Business License

to conduct Brokerage and Property Management in Clark County (since 12/01/2009). However,

he did not have a NRED NRS 645.030 real estate broker license to conduct business on his own.

Mr. Wever then contracted Rex Henriott to meet this requirement for his business, as permitted

by law.

Additionally, per Clark County of Nevada and the City of Henderson, Henriott Real Estate

Services, LLC has never had a Broker or Property Manager Business License to conduct

Brokerage or Property Management in Clark County. Rex Henriott only had the business license

as a Business Broker, which expired in 2005, 5 years prior to the signing of my contract with

RPMLV LLC. See Figures 7 and 8. After 2005, Rex Henriott only had real estate licenses, and not a

business license, to operate as an employee or as an independent contractor for a licensed

Broker. Henriott Real Estate Services, LLC held business licenses for cosmetologist, hotel

management, and restaurant management in the City of Henderson (where his business was

registered), but had no Business License for operations as a Broker or Property Management in

Clark County or any other city or area that had the power to grant business licenses with Clark

County. See Figure 9.

o NRS 645.035 “Real estate broker-salesperson” defined.

1. Within the meaning of this chapter, a “real estate broker-salesperson” is any person

who holds a real estate broker’s license, or who has passed the real estate broker’s

examination, but who, as an employee or as an independent contractor, for

compensation or otherwise, is associated with:

(a) A licensed real estate broker in the capacity of a salesperson, to do or to deal in

any act, acts or transactions included within the definition of a real estate broker in NRS

645.030; or

(b) A registered owner-developer in the capacity of a sales manager in accordance

with NRS 645.283 and 645.289.

2. In this chapter, the term “real estate salesperson” includes “real estate broker-

salesperson” when applicable.

Thus, this proves Henriott Real Estate Services, LLC, Rex Henriott, worked for RPMLV LLC as a

broker and not property manager. Once again this was all stated to the Justice and disregarded.

Item 4: “On May 28th 2015 Mr. Wever opened a new company called Real Property Management and

managed Plaintiff’s property from May 28th 2015 until July 2015 when the Tenants were evicted.”

Part 1. “until July 2015 when the Tenants were evicted”

o The tenant was never evicted.

o The defendant provided a “pay or quit” notice as proof that an eviction had been

started and completed by RPMLV LLC. I stated that a pay or quit notice is not an eviction

notice. I then demanded to see the case number for the eviction, as all evictions that go

through the Las Vegas Courts have one. This statement was ignored and the Justice

accepted a “pay or quit” notice as a court approved eviction notice. I also provided a

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copy of Mr. Wever’s and both tenants Case Records Search Results from the Las Vegas

Justice Court for your investigators convenience. See Figures 10, 11, and 12.

o Mr. Wever and his company directly profited from the Eviction Protection addendum in

the Property Management Agreement. RPMLV LLC would have had to pay out of his

own pocket to perform this eviction per that agreement. See Figure 13.

o Per the Las Vegas Justice Court records, the tenants were never evicted. Mr. Wever also

stated in an email on 3 June, 2016 that he had not evicted the tenant. At this point in

the hearing, Justice Jansen was simply ignoring anything I had to say or the evidence I

had to prove the eviction never happened to be fact. See Figure 14.

Part 2. “managed Plaintiff’s property from May 28th 2015 until July 2015”. RPMLV LLC has

managed my contract since 2010, RPMLV LLC is stated in the contract. I informed the Justice

that regardless of when RPMLV LLC Principle Owner Mr. Wever “wished to claim” he had started

managing my property, Mr. Wever was clearly responsible for conducting repairs per the PMA

contract and lease, and billing the tenant, and had failed to do so after May 2015. RPMLV LLC

even provided me written confirmation on July 14th,2015, that they had begun the process of

inspecting the property, and claimed to have begun the scheduling of repair. See Figure 15.

I also informed the Justice that RPMLV LLC had failed to respond to calls during July 2015, and I

had to fly out to Las Vegas in August 2015 to meet with RPMLV LLC “property manager” Crystal

Yoder directly to deal with the issues of the damages. I informed the Justice that I had the audio

records of those meeting, which proved RPMLV LLC acknowledged the condition of the property

and they would be responsible for making the repair. The Justice simply ignored me and refuse

to listen to the audios.

o I included the audios on a CD for your investigators. They were also recorded as

statements in the evidence given to the Justice.

Item 5: “Mr. Wever advised he was not personally involved in the management of the Plaintiff’s

property until he became licensed on May 28th 2015.”

Mr. Wever was the property manager of my property from the beginning until he personally

assigned his employed Property Manager Crystal Yoder to take his place around October 2013.

From that point on, Mr. Wever supervised his Property Managers and was contacted directly on

occasions when they failed to uphold their responsibilities. Mr. Wever has had a real estate

property management license since 6/27/2008. He only got a real estate broker license on

5/27/2015. See Figure 16.

Mr. Wever stated in the hearing that he was not directly involved in the management of my

property ever, and Crystal Yoder was my property manager and not himself at any time. I

informed the Justice that Crystal Yoder received her property management license on

10/4/2013. See Figure 17. Before that, Mr. Wever was my property manager.

I informed the Justice that RPMLV LLC is liable for the actions its employees. Principle Owner

Tod Wever had expressly assigned his “designated property manager” Crystal Yoder to manage

my property in 2013, and she directly answered to Mr. Wever.

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Before that, Mr. Wever acted directly as my Property Manager and was directly contacted for

repeated issues.

o Justice Jansen ask me for 1 example of Mr. Wever’s direct contact and involvement in

the management of my property before May 2015. I cited two examples:

1. Mr. Wever was the one that came to my home to sign my Property

Management Agreement on 19 Nov, 2010, and Mr. Wever stated at that time

that he was the owner of the management company, RPMLV LLC.

2. Emails from Mr. Wever were provided in the packet of evidence as proof of

fraud from September and October, 2014. They demonstrated an example of

when one of Mr. Wever’s employee Kimberly Reynaga (unlicensed) had

breached section 5, of the PMA contract. Mr. Wever had been contacted about

this breach and had lied about contacting the Home Warranty and about getting

my approval, stating he did not need my approval. The evidence detailed the

event in great detail, and though the defendant and the Justice argued over the

contract, the Justice stated that this example was somehow not relevant to his

question.

The fact that Mr. Wever did not deny this event happened, proved

direct involvement in the management of my property and willingness

to lie about actions taken.

I also noted the evidence of Mr. Wever knowingly committing felony

fraud when he stated that RPMLV had contacted the home warranty

company and the home warranty company had not been able to find

my policy by my policy number, address, or even my name. Mr. Wever

had stated that he would pay the difference had RPMLV been found to

be at fault for the above $200 approval requirement breach of contract

and failure to use the home warranty. Then I noted that Mr. Wever had

included the email chain of his employee pointing out that they had in

fact obtained my policy number using my name and they had had the

wrong policy number on file. Since Mr. Wever had stated that they

would refund the difference, had the mistake been theirs, he

demonstrated fraud by lying to achieve monetary gain. All of this was

well documented and detailed in Appendix 1, Section 6, of the packet of

evidence I had provided to the court. I should note they still have it on

file if you wish to confirm this fact.

Item 6: “Henriott Real Estate Services, LLC had the license take away for embezzling monies for the

company.”

This was in regards to the alleged embezzlement of Security Deposits by Rex Henriott.

Henriott Real Estate Services, LLC is a business and never had a business license taken away

from them for embezzlement, regarding the company RPMLV LLC, as Henriott Real Estate

Services, LLC never had a business license to operate as a property manager or broker from the

beginning. Rex Henriott had a real estate brokers license, which requires him to work for a

business with a business license to perform brokerage.

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I informed Justice Jansen that this alleged embezzlement of Security Deposits was not relevant

to my case, as the tenant’s security deposit for my property had not been embezzled nor was I

suing for the security deposit. Then I held up the security deposit check, from RPMLV, for “close

out” of my account, from Nov 2015. I also noted that RPMLV LLC had stolen an early termination

fee from this check, which they knew they were not entitled to as the contract had not been

terminated early, per Section 15 of the contract.

Item 7: “Board of Realtors gave Tod Wever the go ahead under his license to take over Henriott Real

Estate Services, LLC.”

Tod Wever took the FFN Real Property Management Las Vegas on 12/18/2014. 3.5 months into

the lease, and had stopped doing business with Henriott real Estate Services, LLC 2 months prior

(1 month into the current tenant’s Lease).

The Company Henriott Real Estate Services, LLC itself was no longer a company as of 31 March,

2015, and Mr. Wever did not take over Henriott Real Estate Services, LLC. The company simply

ended.

Nor can I find any relevance since Mr. Wever could expressly assign any qualified property

manager or designated managing broker at his discretion as Owner of Real Property

Management of Las Vegas, LLC at any time. In fact, the moment Mr. Wever had removed Rex

Henriott for the alleged embezzlement on or before October 2014, Mr. Wever would have been

required to replace him immediately to continue operations.

Mr. Wever was also required to immediately inform me and any other person he had a contract

with of any changes to the contract in writing, which he failed to do.

Item 8: “Plaintiff failed to prove what damages occurred during the three month period Defendant’s

company managed the property.”

This part came near the end of the hearing, and particularly shocked me as there are two very

major things wrong with this statement. The Justice explicitly states three months because

during and after the fourth month of august (after RPMLV LLC claim to have formed their

company and begun management my property) I had 4 audio recordings from meetings over the

course of 10-12 August, 2015. RPMLV LLC stated in these recordings that they acknowledged the

damages in the June 2015 RPMLV LLC Move Out Inspection were not wear and tear, that they

were responsible to get the quotes and conduct the repairs, and then bill the tenant. As seen in

item 4, I informed the Justice of this fact and offered the audio. He refused to hear them.

The law clearly defined who worked for who per the PMA contract and the NRS 645, provided

above in Item 3. Under the law, RPMLV LLC had management my property since November,

2010.

Additionally, the Justice refused to look at a single image of any of the damages. I told him to

look at the June 2015 move out inspection and the images I had taken in August 2015. I

informed him of the Mold that had begun to grow after the power had been shut off in June

2015 throughout the freezer and refrigerator, and that RPMLV LLC had made note of it in their

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June 2015 move out inspection. I informed the Justice that RPMLV LCC had failed to provide that

inspection until I showed up in person in August 2015, despite repeated requests.

All of the above was stated in the evidence packet the Justice had been given and all had been

ignored.

When the Justices look at the case history. I would note that one of the reason that Judicial Officer

Travis Shelter had found the defendant guilt in the previous hearing, was because I had proven all of Mr.

Wever’s statements, which Justice Jansen used in his Statement of Fact, to be false. I have proven this

not with my opinion, but with written evidence and the facts of law as you have seen. I provided all this

written evidence and the facts of law to the court on the same day along with the same packet of 350+

pages of evidence, which the Justice Jansen refused to look at.

During the first hearing Mr. Wever avoided addressing the evidence brought against him entirely as he

did this time as well. Mr. Wever instead attempted to distract from it with the same false statements

listed above until the time ran out, at about 5pm, and courted ended. My case was the last to be heard

on that day and when Judicial Officer Travis Shelter stated that time was up and we had already gone

past the normal time, he asked Mr. Wever to address the evidence against him and if he had anything to

counter it. Mr. Wever stated that he did and the Justice indicated that due to the large volume of

evidence against RPMLV LLC, Mr. Wever had 1 month to review and provide that evidence, and so that

the court could review all the evidence against RPMLV LLC, and place judgement.

Mr. Wever never provided a response to any of the evidence against him and was found guilty. Had

Justice Jansen and Justice Smith shown the due diligence that Judicial Officer Travis Shelter

demonstrated, he would have seen that everything was stated in Justice Jansen’s Statement of Facts

and Conclusion of Law is in fact based on perjury and fraud.

I provided over 350+ pages of physical evidence to Justice Jansen that proved my property, accounts,

and contract were with the property management company Real Property Management of Las Vegas,

LLC. I provided evidence that RPMLV LLC had breached the contract repeatedly from June 2014 to when

the contract ended in Nov 2015. I provided evidence that proved RPMLV LLC had repeatedly committed

fraud in claiming the eviction had been completed in July, 2015, and I had provided a written statement

from Mr. Wever acknowledging this from 3 June, 2016. I provided physical evidence that RPMLV LLC had

committed fraud by repeatedly lying about billing the tenant in 2015. RPMLV LLC had then provided me

the evidence, on 3 June 2016, that they had not submitted anything to a collections company until after

I had informed them in court appointed mediation they would need such proof in court. I provided

evidence that proved all the damages to my property had that had been caused by the tenant and

RPMLV LLC’s fraudulent repairs. Many of those damages RPMLV LLC was paid and had claimed o have

repaired in June 2014. I provided evidence provided to me by RPMLV LLC that the damages to my

property had not been wear and tear, as Mr. Wever had claimed in court.

I provided physical evidence that Real Property Management of Las Vegas, LLC had been

employing/contracting Henriott Real Estate Services, LLC’s Rex Henriott as the broker and not property

manager. I provided evidence that before and after Henriott Real Estate Services, LLC had been removed

from the position as broker. Real Property Management of Las Vegas, LLC Principle Owner Tod Wever

had been the property manager on the contract before assigning his employee Crystal Yoder, and acted

as broker while misrepresenting himself as Henriott Real Estate Services, LLC, after Mr. Wever Removed

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Henriott in Oct 2014, and HRES close in March 2015. I provide evidence that the tenant’s security

deposit had not been embezzled, by holding up the actual check from RPMLV LLC, signed by Tod Wever.

I provided evidence that Mr. Wever personally stole $285.00 in November 2015 (8 months after the

business Henriott Real Estate Services, LLC had been revoked by the Nevada Secretary of State) as a

fraudulent early termination fee, despite the contract and his own employee’s (RPMLV LLC property

manager Crystal Yoder) written statement that he was not entitled to it. All this evidence can be now

found at the District Appeals Court. And is provided on a CD.

All this Justice of the Peace William D Jansen and Douglas Smith blatantly ignored. The only thing I

cannot prove is the reason WHY Justice Jansen decided to do this, but I can very easily prove that he did

it. Justice Jansen chose to provide a very detailed statement of facts and conclusion of law. Justice Smith

chose to enforce that statement and conclusion despite what was see above.

This entire situation can only be described as ridiculous and outrageous. I ask that the decision from

these Justices of the peace be overturned.

Thank you for your time,

Ian J Toppler

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Figure 1. Not founded by Tod Wever in May 2015.

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Figure 2: Defendant Company, founded in 10/2/2008. Not Founded on May 2015. Defendant also listed

as Officer.

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Figure 3: Defendants Business License Dated 12/01/2009, not May 2015.

Figure 4: Defendants Business License Dated 12/01/2009, not May 2015.

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Figure 5: Section 12: from my Property Management Agreement clearly stating Defendant’s company.

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Figure 6: Henriott Real Estate Services, LLC REVOKED on 3/31/2015.

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Figure 7: only Business License ever held by Rex Henriott regarding Brokerage in clark county, EXPIRED

in 2005.

Figure 8: only Business License ever held by Rex Henriott regarding Brokerage in clark county, EXPIRED

in 2005.

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Figure 9: Only Business Licenses ever held by Henriott Real Estate Services, LLC. None of them are for

Property Management or Brokerage.

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Figure 10: All court cases were brought forth by Tod Wever or Real Property Management Las Vegas and

not Henriott Real Estate Services. NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED.

Figure 11: NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED.

Figure 12: NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED.

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Figure 13: Eviction Protect from property management agreement with Real Property Management of

Las Vegas, LLC.

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Figure 14: Written statement from Tod Wever, proving they never billed or placed tenant in collections

OR evicted the tenant in 2015.

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Figure 15:

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Figure 16

Figure 17

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Figure 18

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Figure 19

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Figure 20: Note Rex Henriott and Henriott Real Estate Services are listed as BROKER and not property

manager.

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Figure 21: Note Date Filed is 6 months before Mr. Wever claims to have founded his company.

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Figure 22: Note the Expiration date is 6/24/2014.

Figure 23

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Figure 24

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Figure 25 June 10, 2015 Wellsfargo bank statement rent payment from “Real Property Management of”,

I confirmed with the bank that the account belongs to Real Property Management of Las Vegas, LLC.

After RPMLV LLC Owner Tod Wever Removed Henriott real Estate Services, LLC from my contract and

After Henriott real Estate Services, LLC closed on March 2015.

Figure 26 December 18, 2014 Wellsfargo bank statement rent payment from Real Property

Management of Las Vegas, LLC. After RPMLV LLC Owner Tod Wever Removed Henriott real Estate

Services, LLC from my contract and Before Henriott real Estate Services, LLC was closed on March 2015.

Figure 27 March 20, 2014 Wellsfargo bank statement rent payment from Real Property Management of

Las Vegas, LLC. Before RPMLV LLC Owner Tod Wever Removed Henriott real Estate Services, LLC from

my contract and Before Henriott real Estate Services, LLC was closed on March 2015.

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opening brief - · pdf fileopening brief page 3 of 36 the following is a list of the evidence...

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