7 20 13 Part One of 1048 0204 067980 Collection Nevada Court Services Northwinds Apartments RJC Schroeder Pearson

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Document Code:
Zach Coughlin,Esq.
NV Bar No: 9473 currentl! sus"ended#
$% B%& 39'(
)eno, NV *9+,+
-el and .a/: 949 ''7 74,0
ZachCoughlin1hotmail.com
$lainti2234u56-enant
7N -8E 9:4-7CE C%:)- %. )EN% -%;N487$
7N <ND .%) -8E C%:N-= %. ;<48%E, 4-<-E %. NEV<D<
<C>6<$?7, 7NC. DB< N%)-8;7ND4
<$<)-?EN-4@ D;<=NE 9<A%B,
7ndiBiduall! and in his ca"acit! as "ro"ert!
manager 2or N%)-8;7ND4 <$<)-?EN-4@
NEV<D< C%:)-4 4E)V7CE4, CCC NC4#@
9E.. C8<NDCE), 7ndiBiduall! and in his
ca"acit! as oDner and CE% o2 NC4@). ;)<=,
7ndiBiduall! and in his ca"acit! as licensed
"rocess serBer 2or NC4@N%)-8;7ND
<$<)-?EN- <44%C CCC (,3( &$)E44
N%)-8;7ND CCC ((, ((,-8 <VE NE
4-E ++, BECCEV:E, ;< 9*,,4 Descri"tion
4ummar! .ictitious .irm Name 6
Counter 74,4, ,43,(3(997 (0:,,:,, <?
E/"iration Date: ,43,(30,,0 Business Name:
N%)-8;7ND <$<)-?EN-4 %Dners:
N%)-8;7ND <$<)-?EN- <44%C7<-E4,
CCC
Candlord,
Bs.
Z<C8<)= B<)AE) C%:>8C7N@
-enant
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C<4E N%: )9C )eB0,(06,,(,4*
DE$-. N%: 4
REQUEST FOR SUBMISSION OF COUGHLIN'S MOTION TO SET ASIDE ORDER OF
SUMMARY EVICTION OF JUNE 27TH, 2012; or, !"#$ %& '(" #!'"r&#'%)", S*!"+"&' 'o
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)EE:E4- .%) 4:B?7447%N %. C%:>8C7NF4 ?%-7%N -% 4E- <47DE %)DE) %. 4:??<)= EV7C-7%N %. 9:NE
07-8, 0,(0@ or, "lead in the alternatiBe, 4u""lement to CoughlinFs ?otion to 4et <side 4ummar! EBiction %rder and %)der 2ollDing
8earing on 9ul! 3(st, 0,((
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Co*,(!%&'- Mo'%o& 'o S"' A-%$" S*++#r. E)%/'%o& Or$"r #&$ OR$"r 0o!!1%&, H"#r%&, o& J*!.
21-', 2011
C%?E4 N%;, Z<C8 C%:>8C7N, E4E., and 2iles the a5oBe titled document and request
that the ?otion to 4et <side the 9une 0*th, 0,(0 CocGout %rder 5! su5mitted to the 9udge 2or a
decision. he and him and him and him and 9e22 Chandler NeBada court serBices are maGing o2 the
court Dait a second thatFs loBel! to this the! "ut the Dord court in the name and their 5usiness then
the! 5ang on "eo"leFs doors and leaBe out the NeBada 5ed and Hust sa! court serBices in and alloDed
angr! tone Dhile dressed u" looGing liGe 4heri22s,,, !ou reall! haBe to hand it to this gu! 9e22
Chandler he is a master o2 mani"ulation and intimidation u"on ha"less tenants he has his creD and
himsel2 dress u" looGing liGe the!Fre the got damn 4heri22 then the!Fd "ut the Dord court in there a2ter
name Dho Dould "ossi5l! not do eBer!thing the! sa! and eBen i2 !ou do 2ailed to do it the! sa! the!
Dill tr! and 5reaG into !our rental and all Dere rental as the! haBe on Coughlin on numerous
occasions Dill Coughlin got arrested 2or tres"assing Barious made u" charges that the laD local laD
en2orcement haBe 5rought Coughlin Dhether to a2raid to charge in the tres"ass NeBada court serBices
his esca"e "rosecution des"ite that date and can this ca"tured on ta"e Dhen 5ehind o2 a closed
5acG!ard gate CoughlinFs laD o22ice and 5anged on ;indoDs 2or 3, and 4, min. at a time three times
a da! Dhile the! haBe another gu! ringing the door5ell oBer and oBer and oBer and issued taunts to
an!one inside CoughlinFs 2ormer laD o22ice. <hen ). ;ra!9ul! 3(st, 0,(0 8earing Das not noticed
2or the "ur"oses o2 dis"osing o2 an! such ?otion, and 2urther, the %rder 2olloDing that hearing
"ur"orted to rule on matters not connected to :nit 09 mentioning unit 4+ in the %rder#, Dhich,
Dould necessaril! maGe the %rder, under N)4 4,.4,, and N)C$ ',5#4#, Boid 2or lacG Hurisdiction.
Being that a tolling ?otion has not 5een dis"osed o2 in this matter, there ma! still 5e an a""eal, as
the deadline to 2ile one has not run. Cegislatures maGe the laD. N)C$ (( "roBides cor"orations,
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such as the ones that oDn and run NorthDinds <"artments doing 5usiness in (, states, not some
?om Fn $o" o"eration# cannot a""ear "ro se...and nothing in N)4 ((*<, N)4 ((*, or N)4 4,
changes that. -here might 5e something alloDing a IlandlordFs agentI to "ost a notice ma!5e,
ma!5e not#, 5ut there is nothing alloDing one to "ractice laD. But...i2 CoughlinFs laD license is
sus"ended...does that mean he can o"en u" sho" and start re"resenting clients in landlord tenants
matter 5e2ore the )9C 2or a 2eeJ 9ust liGe NorthDindsJ NorthDindFs ;e5 site contains the 2olloDing
te/t: I NeBada Court 4erBices...<n EBiction, $rocess 4erBice K Consulting Com"an!,,,Northern
NeBada EBiction 4erBice Northern NeBadaFs onl! $ro2essionall! Cicensed, .ull! 7nsured and
:ni2ormed EBiction <genc!...)eno 3 4"arGs EBiction 4erBices $ro2essionall! Cicensed and .ull!
7nsured $riBate <genc! ;e "roBide !our "ro"ert! Dith ;orGers Com". 7nsurance and 4tate o2
NeBada Cicensing N%N6 $<=?EN- %. )EN- N%-7CE4 $re"are K 4erBice $acGage ;e Dill
$re"are 4erBe 3 $ost !our notice. ;e Dill 2a/ !our notice to !our o22ice and hold the original or mail
the original Dith the a22idaBit to !ou u"on request. N%-E: =ou must calendar !our CocG %ut date
and call our o22ice should !ou need the CocG %ut. L4,.,, "er notice M mileage i2 a""lica5le .ull
4erBice $acGage ;e Dill "re"are !our notices. 7ncluding all -!"es o2 Notices to meet !our needs#
;e Dill 4erBe 3 $ost !our notice. $re"are the return o2 serBice 2or the court should !our Notice go to
CocG %ut. -racG 5! com"uter the num5er o2 da!s "rior to the 2irst aBaila5le CocG %ut date. ;e Dill
"re"are !our CocG %ut <22idaBit, "icG u" !our checGs i2 necessar! and 2ile Dith the court . ;e Dill
maGe the arrangements Dith the 4heri22Fs %22ice and a""ear on !our 5ehal2 at the CocG %ut.I. -here
is nothing Drong Dith Coughlin. <nd mincing e/"lanations that these %rders are not I"ersonall!...7
am sorr! !ou are in this situation, its nothing "ersonal....I do not change the 2act that 9udges a""l!
the laD, Dhile legislatures enact the laD, and that the laD must 5e so a""lied 2aith2ull! and Dithout
"reHudice or con2lict, eBen Dhere Coughlin is currentl! at odds Dith some in the ;ashoe Count!
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District <ttorne!Fs %22ice and some indiBidualFs s"ent most o2 their career so 2ar there. .urther, it
Das im"ermissi5le to 5ase CoughlinFs 5ail in the arrest incident to this matter )C)0,(06,'79*, on
pending criminal charges under some totalit! o2 the circumstances theor!. Bench BooG Courts o2
Cimited 9urisdiction 0,,* and 0,(, 4u""lement. Bail ma! 5e 2or one thing and one thing onl!, to
ensure the de2endantFs a""earance at trial.
incident to the N%tice serBed on m! rental at NorthDind <"artments ('*,
4G! ?ountin DriBe unit 09 on 9une 0*th, 0,(0. 7 5elieBe the tenantFs
a22idaBit 7 2iled in res"onse to that + da! notice should 5e giBen a 5rand neD
case num5er, though the designation 5! ncs that it Das an I<mended
N%ticeI "ursuant to is is is is is is is isis it is as i2 the isthe '3(43(0 one the
one ). ;ra! lied a5out e22ecting I"ersonal serBiceI on me o2, Dhich got me
arrested Hust 5e2ore 7 Das to 2a/ to the )9C, 5! noon, a -enantFs <nsDer or
?%tion to Dismiss 2or 2ailure to state a cause o2 action or de2icien! o2
serBice o2 "rocess or something 7 argua5l! neednFt haBe eBen 2iled
an!thing in the )9C Dhere the '3(43(0 notice listed 4"arGs 9ustice Court.
%h, it gets 5etter...NeBada Courts serBices 2iled a CandlordFs <22idaBit
attesting to haBe rented Coughlin a IdDellingI Dhich is de2ined as a
Islee"ing "lace or residenceI in N)4 ((*<...and "ursued an eBiction under
N)4 ((*<...citing a 5reach 5! Coughlin 2or allegedl! using the unit 09 2or
a residence or slee"ing "lace, instead o2 "ursuing N)4 4,.7', or N)4
((*.47+ eBiction remedies Dhich, 5! the Da!, ma! result in the 4heri22
eBicting Coughlin or 2orcing him to quit an! alleged use o2 :nit 09 as a
IdDelling "lace or residenceI, 5ut =%: ;7CC N%- -8<- :NDE)
-8%4E 4-<-:-E4 C%:>8C7N ;%:CD BE <CC%;ED, :NDE)
-8E C<; -% C%N7N:-E 4-%)7N> <ND <CCE447N> 874
$)%$E)-= -8E)ENNNNC<NF- 8<VE 7- B%-8 ;<=4 <CC -8E
-7?E, >:=4. %h, also, Dho in the hell signed the CandlordFs a22idaBitJ
-here is no te/tual indication o2 Dhom the solitar! letter o2 a IsignatureI
5elongs to....ma!5e 5ecause it Dould 5e a N)C$ (( Biolation 2or a
cor"oration to a""ear I"ro seI, es"eciall! Dhere re"resented 5! someone
committing the unauthoried "ractice o2 laDJ
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). ;ra! made some interesting statements on the Bideo o2 the '30*3(0
arrest 2ilmed 5! Coughlin, es"eciall! concerning CoughlinFs contention that
;ra! and N%rthDindFs DDane 9aGo5Fs attem"ts to 5reaG and enter and
tres"ass into :nit 09 constituted I"ersonall! serBingI Coughlin a + da!
:nlaD2ul Detainer Notice on '3(43(0. 72 NC4 did not I"ersonall! serBeI
Coughlin, then Coughlin Dould haBe had until 9une 0*th, 0,(0 at noon at
the earliest and argua5l! until the close o2 5usiness at +"m on '30*3(0 to
2ile a res"onse ie -enantFs <nsDer or ?%tion to Dismiss, etc#, in 4"arGs
9ustice Court %) EVEN in )Eno 9ustice Court. Coughlin Das arrested at
(,:3, am on '30*3(0, there5!, under color o2 laD, the ;C4%, NC4 and
N%rthDind and 9aGo5 2raudulentl! "reBented Coughlin 2rom 2iling i2 he
did not alread! "reBiousl!, es"eicall! in the '3(33(0 2a/es that are
m!steriousl! unaccounted 2or in r9C 2iles# a -enanFts )es"onse tEnanFts
ansDer, or -enantFs <.2idaBit or ?otion to Dismiss, etc.#.
4o, ). ;ra! and NC4, its Gind o2 a 5ig deal that !ou lied a5out e22ecting
"ersonal serBice on '3(43(0 o2 the + da! notice.
Coughlin has three di22erent Bersion o2 that notice or IDeclaration o2
4reBice 5! Cicense $)ocess 4ErBerI ). ;ra!. in one, a time o2 9:03
"resuma5l! am, 5ut that is not circled, nor is "m# on '3(43(0 is listed, and
a ru55er stam" indicating Ir. Dra!I, is there, along Dith a hadnDritten Ireg
Or6,4394*I is there. that Declaration indicates that ). ;)a! I"ersonall!
serBedI the "arte! named, Coughlin. %ddl!, this 2irst Bersion and all three
o2 these are in the )9C 2ile in reB0,(06,,(,4*# instead o2 IHenni2er
ChandlerI 5eing in , 7 guess, the signature line 2or the IagentI o2 the
landlrod and she alDa!s Hust "laces a Iru55er stam"I o2 her name
an!Da!s..I, instead o2 9enni2er Chandler, on the one '3(43(0 + da! N%tice
and all Bersion so2 this notice haBe checGs on 5o/ 3 and ', Dhich read I3.
)ecieBed a + da! notice o2 "ossi5le unlaD2ul detiner 2or 2ailure to com"l!
Dith the rental agreement....'. )emained in "ossesion o2 the "remises
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su5Hect to the "roBision o2 Ch"ater ((*< o2 the N)4 a2ter haBing 2ailed to
"er2orm the 5asic or contractual o5ligations im"osed u"on !ou 5! that
Cha"ter, name! 4EE <--<Ched#I though the Iattached Hust seems to
include a co"! o2 the I)ental <greementI Dith no real indication o2 hoD
Coughlin Das in Biolation o2 it, and no indication o2 Dh! N%rthDinds 2eels
Coughlin remained in Biolation thereo2 des"ite CoughlinFs Dritten
communications indicating that he Das not in 5reach. <n!Da!s, rather tha
a ru55er stam" indicating IHenni2er ChandlerI on that one + da! notice, the
one Dhere ;)a! actuall! a22i/es his actual signature, 2olloD 5! a handDritt
r6,4394* his licensed "rocess seBer num5er#, the s"ot usuall! 5aring the
I9enni2er ChandlerI ru55er stam" is instead taGen u" 5! a signature 5!
NeBada Court 4erBices resient notar! "u5lic 8B Cedomio....<>ain, there is
no time listed on that 2irst Bersion o2 the N%tice or Dhich includeds at the
5ottom the IDeclaration o2 4erBice....I
7n the second Bersion o2 the Inotice o2 :nlaD2ul detainer...I serBed on 9une (4th, 0,(0, in his
IDeclaration o2 4erBice 5! Cicnese "rocess 4erBerI Dhich, argua5l! inoBGes the I"enalt! o2
"erHur! dicate o2 N)4 +3.,4+...# ;ra! against declares he "ersonall! serBed Coughlin, Dith a
time o2 9:03 indicated, and a ru55er stam" o2 I). ;ra!I on the signature line, Dith a
handDritten I)Eg O)6,4394*I and that Bersion Das 2a/ed 5! the 4"arGs 9ustice Court to the
)eno 9ustice Court on 9une 0*th, 0,(0 at ((:,+ am, in a (3 "age 2a/, man! "ages o2 Dhich are
not in the )9C 2ile, though that 2a/ does included the header 2rom the 2a/ 2rom Coughlin to the
I4"arGs 9ustice Court on ' 0' (0 at (0:,,"m, Dhich Das a (, "age 2a/, and the Bersio o2 the
'3(43(0 + da! notice Dith Declartion o2 4erBice 5! r. ;ra! indicating a time o2 9:03 is "age ' o2
(, o2 CoguhlinFs 2a/ to the 4"arGs 9ustice Couer according to the 2a/ hearders# Dhile also 5eing
"age (0 o2 teh 9une 0*th, 0,(0 2a/ 2rom the 4"arGs 9ustice court to the )eno 9ustice Court. right
a5out the moment Coughlin Das 5eing "laced in ;C4% De"ut! ?achen squad or "atrol Behicle
2or trans"rot to the Hail, Dhere Coughlin Dould 5e 2orced to 2orG oBer some more 5ail, etc., etc.
7N the -hird Bersion o2 the IDeclaration o2 4erBiceI on the same 9une (4th, 0,(0 IN%-7CE %.
:NC<;.:C DE-<7NE) .%) .<7C:)E -% V<C<-E $)E?74E4 ..-his third Bersion o2
his '3(43(0 Declaration o2 4erBice 5! Cicensed $)ocess 4erBe ). ;ra! has the t!"ical IHenni2er
chandlerI ru55er stam" 2or the N%tice hal2 o2 the "age, and has a ru55er stam" 2or IJ).Dra!I,
along Dith a clearl! di22ert handDrirtn note o2 IregO r,43I o5Biousl!, aside 2rom the
handDriting Ianal!sisI the handDrittn num5erical indication o2 the "rocess serBicer num5er is
truncated on this third Bersion 5! 3 num5ers#. <dditional! this third Bersion indicates it Das
I"ersonall! serBedI at (0:+4 "m.
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;h! all the di22erent BersionsJ Dh!, i2 "ersonall! serBice Das e22ect at 9:03 am, Doud ). ;ra!
need to return and do it again, all 2or :nit 09, nmin !ou onl! all the other Declartions o2
4erBice 2rom that date o2 '3(43(0 , ie 2or units 4+ and 7(, indicate that ;ra! merel! "osted teh
notice to the rented "ro"ert! and there2ore Dould entail 3 more da!s 2ro mailing to get
IconstrutiBe noticeI under N)C$ 'e# and N)C$ +5#0#, Dhich landlordFs liGe NorthDinds Hust
hate.
-hen there is the 2act that NC4 snucG into the 2ile later a Dhole nother t!"e
o2 notice, one under N)4 4,.7',...Dhich, o2 course, changes eBer!thing..
%. course, ;ra! did not I"ersonall! serBeI Coughlin. ;ra! attem"ts to
maGe some hal265aGed argument a5out hoD he slid a2ter 2ailing in his
attem"ts to 5reaG and enter and tres"ass in to :nit 09 on '3(4309# the + da!
:D Notice into a cracG in the door o2 the rental, and "erceiBed it to ImoBeI
a2ter he let go o2 it, there5!, a""arentl!, entitling him to assert that he
e22ected I"ersonal serBiceI u"on tenant Zach Coughlin, or, a""arentl!,
otherDise com"lied Dith N)C$ +, and there2ore cut short the time 2or
Coughlin to res"ond as a tenant and secure a hearing rather than 5e
incarcerated a2ter haBing unGnoDn Biolent sounding 2igures 2lash5acGs to
other interactions Dith NeBada Court 4erBices# 5anging on his doors,
re2using to indenti2! themselBes, then ultimatel! taGing a chainsaD or
saDP6all# to a metal door to a con2ined DindoDless rental.
N)4 4,.4,, maGes N)C$ the a""lica5le rules here, not 9C)C$, nor
9C))-:
):CE +. 4E)V7CE <ND .7C7N> %. $CE<D7N>4 <ND %-8E) $<$E)4
)ule
Dra2terQs Note
Commentar!
a# 4erBice: ;hen )equired. E/ce"t as otherDise "roBided in these rules, eBer! order required
5! its terms to 5e serBed, eBer! "leading su5sequent to the original com"laint unless the court
otherDise orders 5ecause o2 numerous de2endants, eBer! "a"er relating to discoBer! required to
5e serBed u"on a "art! unless the court otherDise orders, eBer! Dritten motion other than one
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Dhich ma! 5e heard e/ "arte, and eBer! Dritten notice, a""earance, demand, o22er o2 Hudgment,
designation o2 record on a""eal, and similar "a"er shall 5e serBed u"on each o2 the "arties. No
serBice need 5e made on "arties in de2ault 2or 2ailure to a""ear e/ce"t that "leadings asserting
neD or additional claims 2or relie2 against them shall 5e serBed u"on them in the manner
"roBided 2or serBice o2 summons in )ule 4.
R<s amended@ e22ectiBe 4e"tem5er 07, (97(.S
5# 4ame: 8oD ?ade.
(# ;heneBer under these rules serBice is required or "ermitted to 5e made u"on a "art!
re"resented 5! an attorne!, the serBice shall 5e made u"on the attorne! unless the court orders
that serBice 5e made u"on the "art!.
0# 4erBice under this rule is made 5!:
<# DeliBering a co"! to the attorne! or the "art! 5!:
i# handing it to the attorne! or to the "art!@
ii# leaBing it at the attorne!Qs or "art!Qs o22ice Dith a clerG or other "erson in charge, or i2 there
is no one in charge, leaBing it in a cons"icuous "lace in the o22ice@ or
iii# i2 the o22ice is closed or the "erson to 5e serBed has no o22ice, leaBing it at the "ersonQs
dDelling house or usual "lace o2 a5ode Dith some "erson o2 suita5le age and discretion residing
there.
B# ?ailing a co"! to the attorne! or the "art! at his or her last GnoDn address. 4erBice 5! mail
is com"lete on mailing@ "roBided, hoDeBer, a motion, ansDer or other document constituting the
initial a""earance o2 a "art! must also, i2 serBed 5! mail, 5e 2iled Dithin the time alloDed 2or
serBice@ and "roBided 2urther, that a2ter such initial a""earance, serBice 5! mail 5e made onl! 5!
mailing 2rom a "oint Dithin the 4tate o2 NeBada.
C# 72 the attorne! or the "art! has no GnoDn address, leaBing a co"! Dith the clerG o2 the court.
D# DeliBering a co"! 5! electronic means i2 the attorne! or the "art! serBed has consented to
serBice 5! electronic means. 4erBice 5! electronic means is com"lete on transmission "roBided,
hoDeBer, a motion, ansDer or other document constituting the initial a""earance o2 a "art! must
also, i2 serBed 5! electronic means, 5e 2iled Dithin the time alloDed 2or serBice. -he serBed
attorne!Qs or "art!Qs consent to serBice 5! electronic means shall 5e e/"ressl! stated and 2iled in
Driting Dith the clerG o2 the court and serBed on the other "arties to the action. -he Dritten
consent shall identi2!:
i# the "ersons u"on Dhom serBice must 5e made@
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ii# the a""ro"riate address or location 2or such serBice, such as the electronic6mail address or
2acsimile num5er@
iii# the 2ormat to 5e used 2or attachments@ and
iB# an! other limits on the sco"e or duration o2 the consent.
<n attorne!Qs or "art!Qs consent shall remain e22ectiBe until e/"ressl! reBoGed or until the
re"resentation o2 a "art! changes through entr!, DithdraDal, or su5stitution o2 counsel. <n
attorne! or "art! Dho has consented to serBice 5! electronic means shall, Dithin (, da!s a2ter
an! change o2 electronic6mail address or 2acsimile num5er, serBe and 2ile notice o2 the neD
electronic6mail address or 2acsimile num5er.
3# 4erBice 5! electronic means under )ule +5#0#D# is not e22ectiBe i2 the "art! maGing
serBice learns that the attem"ted serBice did not reach the "erson to 5e serBed.
4# $roo2 o2 serBice ma! 5e made 5! certi2icate o2 an attorne! or o2 the attorne!Qs em"lo!ee, or
5! Dritten admission, or 3. #00%$#)%', or other "roo2 satis2actor! to the court. .ailure to maGe
"roo2 o2 serBice shall not a22ect the Balidit! o2 serBiceI
7n the legal DorG dra2ted and 2iled 5! a non6attorne!, a criminal Biolation in NC4Fs and 9e22
ChandlerFs committing the authoriPed "ractice o2 laD Dhat ha""ens to "eo"le doing "lastic
surger! Dithout a licenseJ Hail time, lots o2 it...5ecause something could go 5adl!, 5adl! Drong
and "eo"le could get hurt...liGe Coughlin got hurt, damaged, arrested, 2inanciall! destro!ed, etc.,
etc. here. thin sGull "lainti22, consequential damages ;inchell B 4chi22 0,,* case sea2ood,
storage "lace lost 5usiness and lost "ro2its L3,,A damages, etc.. Dhile in Hail Coughlin Das
"reBented 2rom 2iling in matters that ultimatel! Dound u" Dith a L4,,,+, Hudgment against
Coughlin, and thereFs more, 2or Dhich N%rthDind, and NC4, Chandler and ;)a!, and "erha"s,
some others, Dill 5e lia5le.#. 7n the I<22idaBit o2 Candlord 2or BreachI 2iled on 9une 07th, 0,(0
5! ,Dell, Dho GnoDs, giBen it Hust sa!s ICanldordI and has Dhat a""ear s to 5e a handDritten
I4I in the signature line...5ut, lets sa! it Das 2iled 5! 9e22 Chandler, Dhom crossed the 5ar and
argued 5e2ore 9udge $earson on 9ul! 3(st, 0,(( in )EB0,(06,,(,4* on 5ehal2 o2 his IclientF
NorthDind <"artments, <ssociates CCC see acg6am"i.com, doing 5usiness in (, states, Ginda
seems liGe the! could a22ord and attorne! rather than destro! our communit! Dith hacG "retend
laD!ers Dho "la! dress as a 4heri22 and 5ull! "eo"el Dhile attem"ting to 5reaG and enter and
tres"ass...and then )$D <lan ;eaBer and 4<rgent %liBer ?iller, and ;C4% De"ut! 9ohn
?achen and De"ut! >omeP chi" in some 4oldal B. CooG Count! Biolating (9*3 Biolations as
Dell...."uGe, "uGe. "uGe... 7N the I<22idaBit o2 Candlord 2or BreachI that Chandler dra2ted and
2iled, he Drote, at "aragra"h 4. Ihim and nation surrender o2 the "remises Das to haBe taGen
"lace on or 5e2ore 9une (3, 0,(0. -hat legal notice has 5een serBed on the tenantFs in accordance
Dith the "roBisions o2 N)4 cha"ter 4,.0*, as amended on '3(43(0.I
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ChandlerFs <22idaBit o2 Candlord 2or Breach demonstrates a lacG o2 candor to the tri5unal, Dhich
Dould 5e "ro2essional misconduct to re"ort to the 4BN, 5ut, Chadler aint a laD!er, so,and Dhat
are !a goinF ta doJ DD< =oundJ DD< Aandaras, isnFt that !our HurisdictionJ -hat is a
criminal laD Biolation, right, unauthoriPed "ractice o2 laD...and in that 9une 07th, 0,(0 <22idaBit
o2 Candlord Chandler sneaGil! lists IN3aI in the 5lanG 2or the Ioriginal "eriod o2 is 5lanG#
terminating on o 2orr trans2erring to a "eriodic tenanc! on that date. < co"! o2 the Dritten
rental agreement, i2 an! , is attached hereto.I....:"on in2ormation and 5elie2, chandler 2ailed to
inlcude a co"! o2 the )ental <greement in at least one o2 these N%rthDind 2iles not sure i2 it
Das in the one 2or unit 09, reB0,(06,,(,4*, 5ut it Doudl maGe sense, as NorthDindFs eggs Dere
all in that 5asGet in a sense.# <n!Da!s, the )ental <>reement maGes clear the "eriod is not
In3aI...Dh! Dould Chandler do thatJ Coudl it 5e that N)4 4,.0+3 has di22er atent laDs 2or
tenancies Dhere the rent is reserBed 5! a "eriod o2 ( DeeG or lessJ Coughlin "aid 2or one
monthFs rent u" 2ront at the time the )enal <greement Das signed. <lso, see isthe craigslist ad
Coughlin res"onded to "laced 5! NorthDind, and incor"orated into an I)ental <greementI,
along Dith Ber5al indications, argua5l!, under N)4 ((*<.(', Dhich onl! a""lies to IdDelling
"lacesI, 5ut the CandlordFs <22idaBit inidcates this rental Das, in "aragra"h 0 such, as it states
I0. -hat !or a22iant isrented a certain dDelling or a"artment to Zach Coughlin, located at ('*,
sG! mountain dr...O09, )eno, NV on +343(0 2or an original "eriod o2 N3a terminating on or
trans2errinto a "eriodic tenanc! on that date. a co"! o2 the Dritten rental agreemet i2 an!, is
attached hereto.I.. Chandler seems to Dant to taGe adBanteg o2 N)4 4,.0+30#Fs quicGie serBice
a""roach 2or DeeG to DeeG rentals, Dhich unit 09, 5! Birtue o2 the terms o2 the )ental
<greement, clearl! Das not. as him and him and him this 5ut the neD the signatures is Dritten
in the amount o2 L7+ is due no later than the 2irst o2 late a2ter the 2or eBer! month late is asGed
Bo5 Co5laD clearl! this Das a "eriodic tenanc! o2 month to month 2or Bariet! 2urther one
"roBision and this one is rental agreements has Dritten 3, da!s notice to Bacate is required or
rental Dill 5e res"onsi5le the ne/t months rent coBered Chandler tends to one characteriPe this
as a DeeG to DeeG or less t!"e tenanc! to taGe adBantage o2 the lessons serBice requirements
there and 2ound in N)4 4,.0+3(#60#:
.urther, the )ental <greement is not necessaril! limited to the document that N%rthDind
<"artments "ur"orts to 5e the I><)<>E 3 C<)$%)- )EN-<C <>)EE?EN-I as their
e/ists no limitation in that document that a22irmatiBel! disclaims an! incor"oration o2
statements 5! then ?anage Deede Call Dhom m!steriousl! disa""eared u"on current ?anager
DDa!ne 9aGo5 shoDing u"# or incor"orated into the )ental <greement or Cease 5! Birtue o2 the
adBertisements that NorthDinds held out to the "u5lic on Craigslist, Dhich is hoD Coughlin
learned o2 their o22er, u"on Dhich Coughlin called then ?anager Deede Call and met Dith her in
"erson. <ttached in E/hi5it ( is the Craigslist ad that NorthDinds Das running at the time, and
it read:
IL7+ %ne 4iPe Car G#r#," .or )ent NorthDest )eno, NV#
Date: 0,(06,46,0, (,:,0<? $D-
)e"l! to: see 5eloD
;elcome to NorthDind <"artments. ;e o22er storage units to non6NorthDind )esidentsN I0 .o*
&""$ +or" -'or#,", De o22er garages to rent 2or L7+ "er month. -he! are a 2ull siPe single car
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garage. ?ost "u5lic storages Dould charge oBer L(+, dollars 2or the same siPeN %ur communit!
is located in northDest )eno, right
o22 o2 ?cCarran. $lease call us at 77+# 747690,, or come 5!. ;e are located at ('*, 4G!
?ountain DriBe in NorthDest )eno.I
AND IT GETS BETTER4 T(" '(%&, #3o*' NRS 506770 %- '(#' %' -"/%0%/#!!. %&$%/#'"- '(#'
%' $o"- &o' #!. 'o 8,#r#,"-86 <nd 9udges donFt legislate 2rom the 5ench, the! Hust a""l! the
laD as Dritten, so "eo"le can de"end on notice "roBided 5! "recedent and "u5lished laDs. -o do
otherDise is Hudicial misconduct argua5l! requiring a Com"laint Dith the 9udicial Disci"line
Commission.
.urther Coughlin asGed and then ?anager Deede Call she is listed as the manager on the
I)EN-<C <>)EE?EN-I o2 ?a! 4th, 0,(0, and it 5ears hers and CoguhlinFs signature,
numerous questions Bis a Bis the use o2 the rental, and clearl!, Deede Call gaBe Coughlin
"ermission and actuall!, Call did not indicate an! Is"ecial "ermissionI to use the rentals 2or
something other than "arGing a car Das necessar! to o5tain an!Da!s, and no one has esta5lished
that Coughlin did not use the rentals 2or "arGing an!Da!s, and an! .ourth <mendment Biolating
tres"ass and Bideoing o2 CoughlinFs rentals is not admissi5le an!Da!s. 4oldal B. CooG Co.
C8<$-E) 4, 6 <C-7%N4 <ND $)%CEED7N>4 7N $<)-7C:C<) C<4E4 C%NCE)N7N>
$)%$E)-= 4:??<)= $)%CEED7N>4 .%) %B-<7N7N> $%44E447%N %. )E<C
$)%$E)-=, )EC)E<-7%N<C VE87CCE %) ?%B7CE 8%?E
N)4 4,.0+3 :nlaD2ul detainer: 4u""lemental remed! o2 summar! eBiction and e/clusion o2
tenant 2or de2ault in "a!ment o2 rent.
N)4 4,.0*, 4erBice o2 notices to quit@ "roo2 required 5e2ore issuance o2 order to remoBe.
N)4 4,.4,, )ules o2 "ractice.
C8<$-E) (,* 6 4-<-:-%)= C7EN4
LIENS OF O9NERS OF FACILITIES FOR STORAGE
N)4 (,*.47+ :se o2 storage s"ace 2or residence "rohi5ited@ eBiction@ nature o2 2acilit!@
e22ect o2 issuance o2 document o2 title 2or "ro"ert!.
C8<$-E) ((*< 6 C<NDC%)D <ND -EN<N-: D;ECC7N>4
CHA:TER 1;7 < CRIMES BY AND AGAINST THE E=ECUTIVE :O9ER OF
THIS STATE
NRS 1;760;0 I&'"r0"r%&, 1%'( *3!%/ o00%/"r6
NRS 1;76100 I&0!*"&/%&, *3!%/ o00%/"r6
NRS 1;76110 M%-/o&$*/' o0 *3!%/ o00%/"r6
N)4 (97.(0, .alse im"ersonation o2 "u5lic o22icer@ %&'r*-%o& %&'o #&$
r"0*-#! 'o -*rr"&$"r *3!%/ o00%/"6
NRS 1;76120 F#!-" r"or' 3. *3!%/ o00%/"r6
NRS 1;76150 :*3!%/ o00%/"r +#>%&, 0#!-" /"r'%0%/#'"6
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NRS 1;76170 Fr#*$*!"&'!. r"-"&'%&, /!#%+ 'o *3!%/ o00%/"r6
NRS 1;761?0 9ro&,0*! "@"r/%-" o0 o00%/%#! o1"r6
NRS 1;761;0 O3-'r*/'%&, *3!%/ o00%/"r6

-he arrest o2 Coughlin at NorthDinds <"artments on 9une 0*th, 0,(0 5! the same ;C4%
De"ut! ?achen Dho 2iled a 2alse a22idaBit attesting to haBe I"ersonall! serBedI Coughlin the
4ummar! EBiction %)der 2rom CoughlinFs 2ormer home laD o22ice on NoBem5er (st, 0,((,
Dhen in realit!, ?achen Hust "osted the %rder to the door Dhen no5od! Das home and
there2ore committed tres"ass under color o2 laD, as he 2ailed to com"l! Dith N)C$ +5#0#
made a""lica5le to landlord tenant matters 5! N)4 4,.4,,# and N)C$ 'e#.
4o, ;C4% ?achen arrested Coughlin 2or a Biolation o2 N)4 (97.(9,:
N)4 (97.(9, %5structing "u5lic o22icer. EBer! "erson Dho, a2ter due notice, shall
re2use or neglect to maGe or 2urnish an! statement, re"ort or in2ormation laD2ull!
required o2 the "erson 5! an! "u5lic o22icer, or Dho, in such statement, re"ort or
in2ormation shall maGe an! Dill2ull! untrue, misleading or e/aggerated statement, or
Dho shall Dill2ull! hinder, dela! or o5struct an! "u5lic o22icer in the discharge o2
o22icial "oDers or duties, shall, Dhere no other "roBision o2 laD a""lies, 5e guilt! o2 a
misdemeanor.
=et DD< charged Coughlin in the Criminal Com"laint in )9C )C)0,(06,'79*, Dith
a di22erent crime, N)4 (99.0*,:
IN)4: C8<$-E) (99 6 CRIMES AGAINST :UBLIC JUSTICE
OTHER OFFENSES
N)4 (99.0*, )esisting "u5lic o22icer.
< "erson Dho, in an! case or under an! circumstances &o' o'("r1%-" -"/%#!!.
ro)%$"$ 0or, Dill2ull! resists, dela!s or o5structs a "u5lic o22icer in discharging or
attem"ting to discharge an! legal dut! o2 his or her o22ice shall 5e "unished:
(. ;here a 2irearm is used in the course o2 such resistance, o5struction or dela!, or
the "erson intentionall! remoBes, taGes or attem"ts to remoBe or taGe a 2irearm 2rom
the "erson o2, or the immediate "resence o2, the "u5lic o22icer in the course o2 such
resistance, o5struction or dela!, 2or a categor! C 2elon! as "roBided in N)4 (93.(3,.
0. ;here a dangerous Dea"on, other than a 2irearm, is used in the course o2 such
resistance, o5struction or dela!, or the "erson intentionall! remoBes, taGes or attem"ts
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to remoBe or taGe a Dea"on, other than a 2irearm, 2rom the "erson o2, or the immediate
"resence o2, the "u5lic o22icer in the course o2 such resistance, o5struction or dela!, 2or
a categor! D 2elon! as "roBided in N)4 (93.(3,.
3. ;here no dangerous Dea"on is used in the course o2 such resistance, o5struction
or dela!, 2or a misdemeanor.I
;h! the change 2rom DD< =oungJ 7t couldnFt 5e 5ecuase N)4 (99.0*, is more
damaging to CoughlinFs laD license, in light o2 4C) ((('#, than Dould 5e a sim"le
little N)4 (97.(9, charge, could itJ 7s that "ermissi5le Dhere the ;CD< and ;C4%
haBe a Bested interest in discrediting and demolishing Coughlin in light o2 allegation
o2 misconduct 5! 5oth o2 those o22ices Dith res"ect to its treatment o2 Coughlin, in
addition to misconduct against Coughlin 5! the ;CDCJ
NeBada 4u"reme Court )ule ((('#: I'. De2inition o2 T-"r%o*- /r%+"6A -he term
Tserious crimeU means (# a 2elon! and 0# an! crime less than a 2elon! a necessar!
element o2 Dhich is, as determined 5! the statutor! or common6laD de2inition o2 the
crime, im"ro"er conduct as an attorne!, %&'"r0"r"&/" 1%'( '(" #$+%&%-'r#'%o& o0
B*-'%/", 0#!-" -1"#r%&,, misre"resentation, 2raud, Dill2ul 2ailure to 2ile an income ta/
return, $"/"%', 5ri5er!, e/tortion, misa""ro"riation,I. ConBictions o2 a Iserious crimeI
require Bar Counsel to 2ile a 4C) ((( $etition against the attorne!.
Could there 5e an! clear demonstration o2 the retaliator! animus against Coughlin 5!
the ;ashoe Count! District <ttorne!Fs %22iceJ <re "rosecutors "aid to "la! out
grudges and sanction misconduct 5! local laD en2orcementJ )ather than Hust a
IresistingI charge, DD< =oung and the ;CD< Dant to tr! to glom on a I2alse
sDearingI and Iinte2erring Dith the administration o2 HusticeI claim, eBen Dhere the
GnoD o2 the '30'3(0 Dritten corres"ondence 5! Coughlin to 5oth the 4"arGs and )eno
9ustice Courts and the CiBil DiBision o2 the ;ashoe Count! 4heri22Fs %22ice. Enough
is Enough. -his "rosecutorial misconduct must not stand.
But, reall! Coughlin is here5! com"laining to the landlord, "ursuant to N4 ((*<.+(,
o2 a Biolation o2 the criminal laD 5! one Dho is argua5l! an IagentI o2 the landlord
not maGing a 5ri5er! allegation here, to 5e clear, though#:
NRS 1;76200 Or"--%o& *&$"r /o!or o0 o00%/"6
(. <n o22icer, or a "erson "retending to 5e an o22icer, Dho unlaD2ull! and
maliciousl!, under "retense or color o2 o22icial authorit!:
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a# <rrests or detains a "erson against the "ersonQs Dill@
5# 4eiPes or leBies u"on anotherQs "ro"ert!@
c# Dis"ossesses another o2 an! lands or tenements@ or
d# Does an! act Dhere5! the "erson, "ro"ert! or rights o2 another "erson are
inHured,
commits o""ression.
0. <n o22icer or "erson committing o""ression shall 5e "unished:
a# ;here "h!sical 2orce or the immediate threat o2 "h!sical 2orce is used, 2or a
categor! D 2elon! as "roBided in N)4 (93.(3,.
5# ;here no "h!sical 2orce or immediate threat o2 "h!sical 2orce is used, 2or a
gross misdemeanor.
.urther, this is an o22icil Dritten com"laint against ;C4% De"ut! ?achen and
>omeP, "lease "lace a co"! o2 this Com"laint in their em"lo!ment and "ersonnel 2iles,
and "lease do the same Dith res"ect to )$D %22icer <lan ;eaBer, 4argent D!e,
4argent %liBer ?iller, and %22icer ;elch 2or their gross misdemeanor, consisting o2
doing that Dhich is the domain o2 the 4heri22 under N)4 4,.7', in conection Dith the
matter at 4u"erior ?ini 4torage on or around 4e"tem5er 0(st, 0,(0 under the
2olloDing laD, in light o2 teh language in N)4 4,.7', and N)4 (,*.47+, Dhich 7
made the )$D aDare o2 at the time, and 4oldal B. CooG Co. CouldnFt 5e too much o2 a
5udget crunch Dhen local laD en2orcement acts the Da! the! do, Berita5l! goading
ciBil rights tenantFs right attorne!Fs into suing them through their recGless and tacG!
5ehaBior: NRS 1;761?0 9ro&,0*! "@"r/%-" o0 o00%/%#! o1"r6 <n! "erson Dho
Dill2ull! taGes u"on himsel2 or hersel2 to e/ercise or o22iciate in an! o22ice or "lace o2
another, Dithout 5eing laD2ull! authoriPed thereto, is guilt! o2 a gross misdemeanor.
<lso, uner N)4 ((*<.+(,, 7 am com"laining o2 the 2olloDing Biolations o2 criminal
laD on NorthDindFs 5ehal2:
NRS 1;76120 F#!-" %+"r-o&#'%o& o0 *3!%/ o00%/"r; %&'r*-%o& %&'o #&$ r"0*-#! 'o
-*rr"&$"r *3!%/ o00%/"6 EBer! "erson Dho shall 2alsel! "ersonate or re"resent an!
"u5lic o22icer, or Dho shall Dill2ull! intrude into a "u5lic o22ice to Dhich the "erson
has not 5een dul! elected or a""ointed, or Dho shall Dill2ull! e/ercise an! o2 the
2unctions or "er2orm an! o2 the duties o2 such o22icer, Dithout haBing dul! quali2ied
there2or, as required 5! laD, or Dho, haBing 5een an e/ecutiBe or administratiBe
o22icer, shall Dill2ull! e/ercise an! o2 the 2unctions o2 o22ice a2ter his or her right to do
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so has ceased, or Drong2ull! re2use to surrender the o22icial seal or an! 5ooGs or
"a"ers a""ertaining to such o22ice, u"on the demand o2 his or her laD2ul successor,
shall 5e guilt! o2 a gross misdemeanor.
R(9(( CK$ V '7@ )C V '330@ NCC V (,,('S
NRS 1;76120 F#!-" r"or' 3. *3!%/ o00%/"r6 EBer! "u5lic o22icer Dho shall
GnoDingl! maGe an! 2alse or misleading statement in an! o22icial re"ort or statement,
under circumstances not otherDise "rohi5ited 5! laD, shall 5e guilt! o2 a gross
misdemeanor.
NEBada Court 4erBices regularl! attem"ts to mislead tenantFs into thinGing the act Dith color o2 laD. .rom 9oel Durden
5arGing at me in his 4heri22 looG6a6liGe getu" that he is an Io22icer o2 the courtI and 2rom ICourt 4erBicesI to haBing the
Dord ICourtI in their name,etc., etc. NEBad Court 4erBices im"ersonates "u5lic o22icers. <dditionall!, ?achenFs "olice
re"ort is 2alse to the e/tent that it 2ails to indicate that, at least at some "oint, ?achen and or De"ut! >omeP re2used to
idneti2! themsleBs. -he! donFt GnoD Dhat someone is doing inside Dhen the! "ur"ort to IGnocG and announceI and the
must reasona5l! 5e e/"ected to assume one could haBe not heard their initial announcing their idneti2! Dhether 5ecause
the! had head"hones or, Dere in the 5athroom, DhateBer...and ?achen and his coD5o! "artner >omeP re2used to identi2!
themselBes in res"onse to a request that the! do so 5! Coughlin, and similarl! re2used to slide through the door an!
"a"erDorG or Darrant descri5ing the "ur"ose o2 their Bisit.
;C4% is that ?achemFs <22idaBit o2 4erBice indicates that he I"ersonall!
serBedI me, Dhich Gind o2 reminds me o2 all that ro5o6signing and ?E)4
2raud 7 come across in m! da! Ho5 and do !ou Donder hoD man! attorne!s
in the 2oreclosure de2ense game 7 am in constant contact Dith Dho are
Datching and Ditness the "otential )7C% Biolations this Driting mentionsJ#,
Dhich includes 5eing a 2oreclosure de2ense attorne!. 4o Dhich is itJ Did
?achem I"ersonall! serBeI me the 4ummar! EBiction %rderJ )ichard >.
8ill, Esq. liGes to argue that 7 Das IserBedI in com"liance Dith all time
related rules 5ecause it Das done in the Iusual custom and "ractice o2 the
;C4%. ;hat, e/actl!, is the Iusual custom and "ractice o2 the ;C4%J 7
hear a lot a5out this IDithin 04 hoursI stu22. 4o, 7 go hunting 2or some
5lacG letter laD to su""ort Dhat those at the )9C and in the clueless
communit! at large Dhich o2ten includes NeBada Cegal 4erBices and
;ashoe Cegal 4erBices, the "eo"le !ou gu!s had such trou5le actuall!
serBing in the laDsuits 7 2iled, Dhich ma! haBe actuall! hel"ed im"roBed
legal serBices in this communit!, i2 the! Dere not dismissed due to
insu22icienc! o2 serBice o2 "rocess, eBen Dhere the 7.$ required the ;C4%
to serBed the de2endants....#. <n!Da!, 5acG to the IDithin 04 hoursI
"hraseolog!: I

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-his Dhole 5usiness a5out T-he court ma! thereu"on issue an order
directing the sheri22 or consta5le o2 the count! to remoBe the tenant Dithin
04 hours a2ter recei"t o2 the order...U is ina""lica5le to this situation, Dhere
an %rder >ranting 4ummar! EBiction Das signed 5! %cto5er 07th, 0,((.
-hat language is onl! 2ound in situations ina""lica5le to the current one.
N)4 4,.0+33#5#0#, and N)4 4,.0+3+#a# are the onl! sections o2 N)4
4, Dhere this TDithin 04 hoursU language occurs, and those situations onl!
a""l! Dhere, in:
4,.0+33#5#0#: T 3. < notice serBed "ursuant to su5section ( or 0 must: ...
5# <dBise the tenant: W. 0# -hat i2 the court determines that the tenant is
guilt! o2 an unlaD2ul detainer, the court ma! issue a summar! order 2or
remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2 the
tenant, directing the sheri22 or consta5le o2 the count! to remoBe the tenant
Dithin 04 hours a2ter recei"t o2 the orderU
and,
4,.0+3+#a#: T+. :"on noncom"liance Dith the notice: a# -he landlord
or the landlordQs agent ma! a""l! 5! a22idaBit o2 com"laint 2or eBiction to
the Hustice court o2 the toDnshi" in Dhich the dDelling, a"artment, mo5ile
home or commercial "remises are located or to the district court o2 the
count! in Dhich the dDelling, a"artment, mo5ile home or commercial
"remises are located, DhicheBer has Hurisdiction oBer the matter. -he court
ma! thereu"on issue an order directing the sheri22 or consta5le o2 the
count! to remoBe the tenant Dithin 04 hours a2ter recei"t o2 the order.U -he
Da! these summar! eBiction "roceedings are 5eing carried out in )eno
9ustice Court "resentl! shocGs the conscience and Biolates NeBada laD.
-here is not 5asis 2or e22ectuating a locGout the Da! ;C4%Fs De"ut!
?achem did in this case. -he a5oBe tDo sections containing the TDithin 04
hours o2 recei"tU language are ina""lica5le, as those situations do not
inBoGe the "resent circumstances, Dhere the -enant did 2ile an <22idaBit
and did contest this matter to a degree not o2ten seen. -o require NeBadaFs
tenants to get u" and get out TDithin 04 hoursU o2 Trecei"t o2 the orderU
Dhat does that eBen meanJ -he use o2 terms liGe TrenditionU, TrenderedU,
Tnotice o2 entr!U, T"ronouncedU, is a5sent here, and this Trecei"t o2 the
orderU language is something rarel! 2ound elseDhere in NeBada laD6see
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attached D?V statutor! citations, and in em"lo!ment laD litigations Dhere
one must 2ile a Com"laint Dithin 9, da!s o2 Trecei"tU o2 a )ight -o 4ue
Cetter, a situation Dhich 2olloDs N)C$ +5#, and N)C$ 'e# in im"uting
recei"t o2 such a letter, Dhen actual recei"t is not shoDn, 5! a""l!ing a
TconstructiBe noticeU standard that relies u"on the da!s 2or mailing
e/tension o2 time 2or items serBed in the mailing, etc.#. 7n <5raham B.
;oods 8ole %ceanogra"hic 7nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the
record did not re2lect Dhen the "lainti22 receiBed his right6to6sue letter. -he
letter Das issued on NoBem5er 04, 0,,'. -he court calculated that the 9,6
da! "eriod commenced on NoBem5er 3,, 0,,', 5ased on three da!s 2or
mailing a2ter e/cluding 4aturda!s and 4unda!s. 7n order to 5ring a claim
under either -itle V77 or the <D<, a "lainti22 must e/haust administratiBe
remedies and sue Dithin 9, da!s o2 recei"t o2 a right to sue letter. 4ee 40
:.4.C. V 0,,,e6+2#(#. 4ee BaldDin Count! ;elcome Center B. BroDn,
4'' :.4. (47, (4* n.(, (,4 4.Ct. (703, *, C.Ed.0d (9' (9*4#granting
"lainti22 an additional three da!s 2or mailing "ursuant to )ule '#.
.urther, des"ite Dhat the inaccurate handouts o2 NeBada Cegal 4erBices
ma! sa! a5out this T04 hoursU and the a""lica5ilit! o2 the 9C)C$ to cases
liGe these, NRS 506500 R*!"- o0 r#/'%/", holds that :U-he "roBisions o2
N)4, NeBada )ules o2 CiBil $rocedure and NeBada )ules o2 <""ellate
$rocedure relatiBe to ciBil actions, a""eals and neD trials, so 2ar as the! are
not inconsistent Dith the "roBisions o2 N)4 4,.00, to 4,.40,, inclusiBe,
a""l! to the "roceedings mentioned in those sections. <s such N)C$ 'a#,
e# a""lies to the %rder o2 4ummar! EBiction that ;C4% De"ut! ?achem
alleged, under "enalt! o2 "erHur!, that he I"ersonall! serBedI u"on me on
NoBem5er (, 0,((. -hat is a lie 5! ?r. ?achem, unless I"ersonall!
serBedI is de2ined in a rather im"ersonal Da! and or ?achem and 7 haBe
totall! di22erent understanding o2 the de2inition o2 I"ersonall! serBedI,
Dhich ma! 5e the case. %r, "erha"s the 4heri22Fs %22ice is 5us! and doesnFt
Dant to Dait around to I"ersonall! serBeI eBer! tenant it Dishes to eBict.
.ine, then Hust use the Imail it and alloD three da!sI rule in N)C$ 'e#...the
landlordFs might not liGe it, 5ut the! can use that 2rustration as an incentiBe
not to Hum" to litigating eBer! disagreement a5out ha5ita5ilit! that a tenant
5rings to them. =ou ma! not realiPe hoD ridiculous some landlordFs get.
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7n m! case, 7 o22ered to 2i/ 5asic things that clearl! im"licated the
ha5ita5ilit! rules in N)4 ((*<.09, and the Cali2ornian neurosurgeon,
BeBerl! 8ill 8igh 4chool graduate landlord 5alGed and com"lained then
hired and attorne! 2our da!s into a dis"ute.....at Dhich "oint the rules
against contacting re"resented "arties "reBented much in the Da! o2 real
settlement discussion, "articularl! Dhere o""osing counsel has
continuousl! demonstrated a com"lete indi22erence to "ursuing settlement
Dh! Dould he at the rates he 5ills hours atJ#. 7 Hust donFt thinG the
4heri22Fs %22ice needs to sull! its image or damage the citiPen tenants o2
;ashoe Count! in the name o2 "leasing "eo"le liGe Dr. ?att ?erliss or
)ichard >. 8ill, Esq.
7 am here5! com"laining to NorthDind <"artments o2 a Biolation o2 the criminal laD 5! one o2
its agents ). ;ra! and other "rocess serBers Dith NC4 %h, and )$D %22icer ;eaBer also
threatened to use Ih!draulic e/"losiBesI to gain entr! to one o2 m! three rentals at NorthDind,
though no e/igent circumstance e/isted and though he lacGed a Darrant. 7 haBe "reBiousl!
com"lained o2 Cou Cadia, ?ilan Are5s, 5oth NorthDind ?aintenance $ersonnel, and NorthDind
$ro"ert! ?anager or <"artment ?anager DDa!ne 9aGo5 attem"t to 5reaG and enter into m!
rentals Dh! is it Dhen )ichard >. 8ill, Esq. calls the )$D and alleges 7 am tres"assing, 7 get
su5Hect to a custodial arrest and 8ill gets the 4tate Bar o2 NeBada to tr! to "rosecute me 2or
I5reaGing an enteringI, eBen though ;C4% ?achen lied in his <22idaBit o2 4erBice in )9C
reB0,((6,,(,7,*, and the Court had 2ailed to return to me at the time o2 arrest the L0,07+ it
DasnFt "ermitted to require 7 de"osit in a Irent escroDI account in the 2irst "lace, and Dhere 8ill
and his contractor are caught on Bideo admitting to haBing remoBe m! ladder 2rom the 2ormer
laD o22ice in a Bideo o2 Decem5er 03rd, 0,((...Dh! doesnFt the )$D arrest 8ill and $hil
4teDart 2or larcen! o2 m! ladderJ Do 7 haBe to 5e ;al6?art or )ichard >. 8ill or NorthDinds
<"artments ie, rich, connected# to get the )$D to en2orce the laD Dhen 7 com"lain o2 a
BiolationJ
NRS 5062?0 S"r)%/" o0 &o'%/"- 'o C*%'; roo0 r"C*%r"$ 3"0or" %--*#&/" o0 or$"r 'o r"+o)"6
(. E/ce"t as otherDise "roBided in N)4 4,.0+3, the notices required 5! N)4 4,.0+( to 4,.0',, inclusiBe, ma! 5e serBed:
a# B! deliBering a co"! to the '"&#&' "r-o&#!!., %& '(" r"-"&/" o0 # 1%'&"--@
5# 72 the tenant is a5sent 2rom the tenantQs !#/" o0 r"-%$"&/" or 2rom the '"&#&'D- *-*#! !#/" o0 3*-%&"--, 3. !"#)%&,
# /o. 1%'( # "r-o& o0 -*%'#3!" #," #&$ $%-/r"'%o& #' "%'("r !#/" #&$ +#%!%&, # /o. 'o '(" '"&#&' #' '(" '"&#&'D-
!#/" o0 r"-%$"&/" or !#/" o0 3*-%&"--; or
c# 72 the "lace o2 residence or 5usiness cannot 5e ascertained, or # "r-o& o0 -*%'#3!" #," or $%-/r"'%o& /#&&o' 3"
0o*&$ '("r", 5! "osting a co"! in a cons"icuous "lace on the leased "ro"ert!, $"!%)"r%&, # /o. 'o # "r-o& '("r"
r"-%$%&,, %0 '(" "r-o& /#& 3" 0o*&$, and mailing a co"! to the tenant at the "lace Dhere the leased "ro"ert! is situated.
0. 4erBice u"on a su5tenant ma! 5e made in the same manner as "roBided in su5section (.
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3. B"0or" #& or$"r 'o r"+o)" a tenant is issued "ursuant to su5section + o2 N)4 4,.0+3, a landlord shall 2ile Dith the
court a "roo2 o2 serBice o2 an! notice required 5! that -"/'%o&6 B"0or" # "r-o& +#. 3" r"+o)"$ #- r"-/r%3"$ %& NRS
5062;0 'o 506520, %&/!*-%)", # !#&$!or$ -(#!! 0%!" 1%'( '(" /o*r' roo0 o0 -"r)%/" o0 #&. &o'%/" r"C*%r"$ *r-*#&' 'o
NRS 5062EE6 E@/"' #- o'("r1%-" ro)%$"$ %& -*3-"/'%o& 5, '(%- roo0 +*-' /o&-%-' o04
a# < statement, signed 5! the tenant and a Ditness, acGnoDledging that the tenant receiBed the notice on a s"eci2ied date@
5# < certi2icate o2 mailing issued 5! the :nited 4tates $ostal 4erBice@ or
c# -he endorsement o2 a sheri22, consta5le or other "rocess serBer stating the time and manner o2 serBice.
4. 72 serBice o2 the notice Das not deliBered in "erson to a tenant Dhose rent is reserBed 5! a "eriod o2 ( DeeG or less and
the tenanc! has not continued 2or more than 4+ da!s, "roo2 o2 serBice must include:
a# < certi2icate o2 mailing issued 5! the :nited 4tates $ostal 4erBice or 5! a "riBate "ostal serBice to the landlord or the
landlordQs agent@ or
5# -he endorsement o2 a sheri22 or consta5le stating the:
(# -ime and date the request 2or serBice Das made 5! the landlord or the landlordQs agent@
0# -ime, date and manner o2 the serBice@ and
3# .ees "aid 2or the serBice.I
R
N)4 ((*<.43, .ailure o2 tenant to com"l! Dith rental agreement or "er2orm 5asic o5ligations:
-ermination o2 rental agreement.
(. E/ce"t as otherDise "roBided in this cha"ter, i2 the tenant 2ails to com"l! Dith the rental
agreement or 2ails to "er2orm his or her 5asic o5ligations under this cha"ter, the landlord ma!
deliBer a Dritten notice to the tenant s"eci2!ing the acts and omissions constituting the 5reach
and that the rental agreement Dill terminate as "roBided in this section. 72 the 5reach is
remedia5le and the tenant does not adequatel! remed! the 5reach or use his or her 5est e22orts to
remed! the 5reach Dithin + da!s a2ter recei"t o2 the notice, or i2 the 5reach cannot 5e remedied,
the landlord ma! terminate the rental agreement.
0. 72 the tenant is not reasona5l! a5le to remed! the 5reach, the tenant ma! aBoid termination
o2 the rental agreement 5! authoriPing the landlord to enter and remed! the 5reach and 5!
"a!ing an! reasona5le e/"enses or damages resulting 2rom the 5reach or the remed! thereo2.
NorthDinds and NC4 2ailed to com"l! Dith N)4 ((*<.43,(# to the e/tent it eBen a""lies her#
in that in no Da! did it IdeliBer a Dritten notice to the tenant -"/%0.%&, '(" #/'- #&$ o+%--%o&-
constituting the 5reachI. NorthDinds sim"l! Drote Isee attachedI, a2ter "aragra"h ' o2 teh
'3(43(0 Notice, Dhich reads I'. )emained in "osssession o2 the "remises su5Hect to the
"roBisions o2 Cha"ter ((*< o2 the N)4 a2ter haBing 2ailed ot "er2rom the 5asic or contractual
o5ligations im"osed u"on !ou 5! that Cha"ter, namel!: 4EE <--<C8ED#I and then NC4, at
most, include a co"! o2 the I)ental <greementI Dith its 2iling o2 this Notice to the )9C, Dhich
in no Da! s"eci2ies Dhat as"ect o2 that )ental <greement Coughlin is "ur"ortedl! in 5reach o2,
or Dhat 2acts su""orts such an allegation.
<n! %rder he is Boid or su5Hect oa N)C$ ',5 set aside 5ased u"on the 2raud o2 NC4 and ;ra!
in l!ing Dhere he declares under "enalt! o2 "erHur!# to haBe I"ersonall! serBedI Coughlin the +
da! notie on '3(43(0, and under N)C$ ',54 Boid 2or lacG o2 Hurisdiction Dhere NC4 2ailed to
s"eci2! in the CanldordFs <22idaBit all that required under N)4 4,.0+3. and 2or so man! other
reasons, such at ((*< does not a""l! i2 the rental is deemed to 5e not e IdDellingI, and that an
illegal locGout is not aBaila5le eBen i2 Coughlin is ruled to haBe 5een Iusing as a residenceI the
rental, should the rental 5e a Istorage 2acilit!I Dhich Cit! o2 )eno Code En2orcement does not
BieD it to 5e...and .urther, 5! NorthDinds Ber! oDn descri"tiBes, it is a garage, one the! held
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out to the "u5lic 2or more than mere I"arGing a carI, and as such, under N)4 4,.7', and
(,*.4733, (,*.47+ and N)4 4,.7', are not eBen aBaila5le to NorthDind. -he!. <re. 4tucG.
Deal ;ith 7t.
NRS 10?65722 TF#/%!%'.A $"0%&"$6 T.acilit!U means real "ro"ert! diBided into indiBidual storage s"aces. -he term does not include a garage or
storage area in a "riBate residence.
NRS 10?65757 TS'or#," -#/"A $"0%&"$6 T4torage s"aceU means a s"ace used 2or storing "ersonal "ro"ert!, Dhich is rented or leased to an indiBidual
occu"ant Dho has access to the s"ace.
NRS 10?657E U-" o0 -'or#," -#/" 0or r"-%$"&/" ro(%3%'"$; ")%/'%o&; &#'*r" o0 0#/%!%'.; "00"/' o0 %--*#&/" o0
$o/*+"&' o0 '%'!" 0or ro"r'.6
(. < "erson shall not use a storage s"ace at a 2acilit! 2or a residence. -he oDner o2 such a 2acilit! shall eBict an!
"erson Dho uses a storage s"ace at the 2acilit! as a residence in the manner "roBided 2or in N)4 4,.7',.
NRS 10?657EE Co&'"&'- o0 r"&'#! #,r""+"&'6
(. Each rental agreement must 5e in Driting and must contain:
a# < "roBision "rinted in a siPe equal to at least (,6"oint t!"e that states, T7- 74 :NC<;.:C -% :4E < 4-%)<>E
4$<CE 7N -874 .<C7C7-= <4 < )E47DENCE.U
MISCELLANEOUS :ROVISIONS
NRS 40.760 Summary eviction of person using facility for storage as residence.
(. ;hen a "erson is using a storage s"ace at a 2acilit! as a residence, the oDner or the oDnerQs agent shall serBe or haBe
serBed a notice in Driting Dhich directs the "erson to cease using the storage s"ace as a residence no later than 04 hours
a2ter receiBing the notice. -he notice must adBise the "erson that:
a# N)4 (,*.47+ requires the oDner to asG the court to haBe the "erson eBicted i2 the "erson has not ceased using the
storage s"ace as a residence Dithin 04 hours@ and
5# -he "erson ma! continue to use the storage s"ace to store the "ersonQs "ersonal "ro"ert! in accordance Dith the
rental agreement.
0. 72 the "erson does not cease using the storage s"ace as a residence Dithin 04 hours a2ter receiBing the notice to do
so, the oDner o2 the 2acilit! or the oDnerQs agent shall a""l! 5! a22idaBit 2or summar! eBiction to the Hustice o2 the "eace
o2 the toDnshi" Dherein the 2acilit! is located. -he a22idaBit must contain:
a# -he date the rental agreement 5ecame e22ectiBe.
5# < statement that the "erson is using the storage s"ace as a residence.
c# -he date and time the "erson Das serBed Dith Dritten notice to cease using the storage s"ace as a residence.
d# < statement that the "erson has not ceased using the 2acilit! as a residence Dithin 04 hours a2ter receiBing the
notice.
3. :"on recei"t o2 such an a22idaBit the Hustice o2 the "eace shall issue an order directing the sheri22 or consta5le o2
the count! to remoBe the "erson Dithin 04 hours a2ter recei"t o2 the order. -he sheri22 or consta5le shall not remoBe the
"ersonQs "ersonal "ro"ert! 2rom the 2acilit!.
4. .or the "ur"oses o2 this section:
a# T.acilit!U means real "ro"ert! diBided into indiBidual storage s"aces. -he term does not include a garage or
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5# T4torage s"aceU means a s"ace used 2or storing "ersonal "ro"ert!, Dhich is rented or leased to an indiBidual
<dded to N)4 5! (9*9, 0(3@ < 0,((, (*3,#
Nevada Process Server Licensing Requirements
It is required that all process servers are licensed and 2! or over! t"o#years e$perience as a process server and insurance against
lia%ility to third persons "ith limits of no less then &200!000. No %onding is required. 'o"ever! applicants must deposit &7(0 upon
su%mitting their application to pay for a %ac)ground investigation! the ma$imum an applicant can %e charged for a %ac)ground chec)
is &(00. *pplicants must also pass a "ritten application and may %e required to pass an oral e$am as "ell. +icenses are issued %y
the Nevada ,rivate Investigator-s +icensing .oard. Nevada is the most e$pensive state in the nation to get licensed. /Nevada Revised
Statutes 0641.0 and 0641.2(3
4N)4 4,.0+3 :nlaD2ul detainer: 4u""lemental remed! o2 summar! eBiction and e/clusion o2
(. E/ce"t as otherDise "roBided in su5section (,, in addition to the remed! "roBided in N)4
4,.0+(0 and 4,.09, to 4,.40,, inclusiBe, Dhen the tenant o2 an! dDelling, a"artment, mo5ile
home, recreational Behicle or commercial "remises Dith "eriodic rent reserBed 5! the month or
an! shorter "eriod is in de2ault in "a!ment o2 the rent, the landlord or the landlordQs agent,
unless otherDise agreed in Driting, ma! serBe or haBe serBed a notice in Driting, requiring in the
alternatiBe the "a!ment o2 the rent or the surrender o2 the "remises:
a# <t or 5e2ore noon o2 the 2i2th 2ull da! 2olloDing the da! o2 serBice@ or
5# 72 the landlord chooses not to "roceed in the manner set 2orth in "aragra"h a# and the rent is
reserBed 5! a "eriod o2 ( DeeG or less and the tenanc! has not continued 2or more than 4+ da!s,
at or 5e2ore noon o2 the 2ourth 2ull da! 2olloDing the da! o2 serBice.
X <s used in this su5section, Tda! o2 serBiceU means the da! the landlord or the landlordQs agent
"ersonall! deliBers the notice to the tenant. 72 "ersonal serBice Das not so deliBered, the Tda! o2
serBiceU means the da! the notice is deliBered, a2ter "osting and mailing "ursuant to su5section
0, to the sheri22 or consta5le 2or serBice i2 the request 2or serBice is made 5e2ore noon. 72 the
request 2or serBice 5! the sheri22 or consta5le is made a2ter noon, the Tda! o2 serBiceU shall 5e
deemed to 5e the da! ne/t 2olloDing the da! that the request is made 2or serBice 5! the sheri22 or
consta5le.
0. < landlord or the landlordQs agent Dho serBes a notice to a tenant "ursuant to "aragra"h 5# o2
su5section ( shall attem"t to deliBer the notice in "erson in the manner set 2orth in "aragra"h a#
o2 su5section ( o2 N)4 4,.0*,. 72 the notice cannot 5e deliBered in "erson, the landlord or the
landlordQs agent:
a# 4hall "ost a co"! o2 the notice in a cons"icuous "lace on the "remises and mail the notice 5!
oBernight mail@ and
5# <2ter the notice has 5een "osted and mailed, ma! deliBer the notice to the sheri22 or
consta5le 2or serBice in the manner set 2orth in su5section ( o2 N)4 4,.0*,. -he sheri22 or
consta5le shall not acce"t the notice 2or serBice unless it is accom"anied 5! Dritten eBidence,
signed 5! the tenant Dhen the tenant tooG "ossession o2 the "remises, that the landlord or the
landlordQs agent in2ormed the tenant o2 the "roBisions o2 this section Dhich set 2orth the laD2ul
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"rocedures 2or eBiction 2rom a short6term tenanc!. :"on acce"tance, the sheri22 or consta5le
shall serBe the notice Dithin 4* hours a2ter the request 2or serBice Das made 5! the landlord or
the landlordQs agent.
3. < notice serBed "ursuant to su5section ( or 0 must:
a# 7denti2! the court that has Hurisdiction oBer the matter@ and
5# <dBise the tenant:
(# %2 the tenantQs right to contest the matter 5! 2iling, Dithin the time s"eci2ied in su5section (
2or the "a!ment o2 the rent or surrender o2 the "remises, an a22idaBit Dith the court that has
Hurisdiction oBer the matter stating that the tenant has tendered "a!ment or is not in de2ault in
the "a!ment o2 the rent@
0# -hat i2 the court determines that the tenant is guilt! o2 an unlaD2ul detainer, the court ma!
issue a summar! order 2or remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2
the tenant, directing the sheri22 or consta5le o2 the count! to remoBe the tenant Dithin 04 hours
a2ter recei"t o2 the order@ and
3# -hat, "ursuant to N)4 ((*<.39,, a tenant ma! seeG relie2 i2 a landlord unlaD2ull! remoBes
the tenant 2rom the "remises or e/cludes the tenant 5! 5locGing or attem"ting to 5locG the
tenantQs entr! u"on the "remises or Dill2ull! interru"ts or causes or "ermits the interru"tion o2
an essential serBice required 5! the rental agreement or cha"ter ((*< o2 N)4.
4. 72 the tenant 2iles such an a22idaBit at or 5e2ore the time stated in the notice, the landlord or the
landlordQs agent, a2ter recei"t o2 a 2ile6stam"ed co"! o2 the a22idaBit Dhich Das 2iled, shall not
"roBide 2or the nonadmittance o2 the tenant to the "remises 5! locGing or otherDise.
+. :"on noncom"liance Dith the notice:
a# -he landlord or the landlordQs agent ma! a""l! 5! a22idaBit o2 com"laint 2or eBiction to the
Hustice court o2 the toDnshi" in Dhich the dDelling, a"artment, mo5ile home or commercial
"remises are located or to the district court o2 the count! in Dhich the dDelling, a"artment,
mo5ile home or commercial "remises are located, DhicheBer has Hurisdiction oBer the matter.
-he court ma! thereu"on issue an order directing the sheri22 or consta5le o2 the count! to
remoBe the tenant Dithin 04 hours a2ter recei"t o2 the order. -he a22idaBit must state or contain:
(# -he date the tenanc! commenced.
0# -he amount o2 "eriodic rent reserBed.
3# -he amounts o2 an! cleaning, securit! or rent de"osits "aid in adBance, in e/cess o2 the 2irst
monthQs rent, 5! the tenant.
4# -he date the rental "a!ments 5ecame delinquent.
+# -he length o2 time the tenant has remained in "ossession Dithout "a!ing rent.
'# -he amount o2 rent claimed due and delinquent.
7# < statement that the Dritten notice Das serBed on the tenant in accordance Dith N)4 4,.0*,.
*# < co"! o2 the Dritten notice serBed on the tenant.
9# < co"! o2 the signed Dritten rental agreement, i2 an!.
5# E/ce"t Dhen the tenant has timel! 2iled the a22idaBit descri5ed in su5section 3 and a 2ile6
stam"ed co"! o2 it has 5een receiBed 5! the landlord or the landlordQs agent, and e/ce"t Dhen
the landlord is "rohi5ited "ursuant to N)4 ((*<.4*,, the landlord or the landlordQs agent ma!,
in a "eacea5le manner, "roBide 2or the nonadmittance o2 the tenant to the "remises 5! locGing or
otherDise.
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'. :"on the 2iling 5! the tenant o2 the a22idaBit "ermitted in su5section 3, regardless o2 the
in2ormation contained in the a22idaBit, and the 2iling 5! the landlord o2 the a22idaBit "ermitted 5!
su5section +, the Hustice court or the district court shall hold a hearing, a2ter serBice o2 notice o2
the hearing u"on the "arties, to determine the truth2ulness and su22icienc! o2 an! a22idaBit or
notice "roBided 2or in this section. 72 the court determines that there is no legal de2ense as to the
alleged unlaD2ul detainer and the tenant is guilt! o2 an unlaD2ul detainer, the court ma! issue a
summar! order 2or remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2 the
tenant. 72 the court determines that there is a legal de2ense as to the alleged unlaD2ul detainer,
the court shall re2use to grant either "art! an! relie2, and, e/ce"t as otherDise "roBided in this
su5section, shall require that an! 2urther "roceedings 5e conducted "ursuant to N)4 4,.09, to
4,.40,, inclusiBe. -he issuance o2 a summar! order 2or remoBal o2 the tenant does not "reclude
an action 5! the tenant 2or an! damages or other relie2 to Dhich the tenant ma! 5e entitled. 72 the
alleged unlaD2ul detainer Das 5ased u"on su5section + o2 N)4 4,.0+(4, the re2usal 5! the court
to grant relie2 does not "reclude the landlord therea2ter 2rom "ursuing an action 2or unlaD2ul
detainer in accordance Dith N)4 4,.0+(.
7. -he tenant ma!, u"on "a!ment o2 the a""ro"riate 2ees relating to the 2iling and serBice o2 a
motion, 2ile a motion Dith the court, on a 2orm "roBided 5! the clerG o2 the court, to dis"ute the
amount o2 the costs, i2 an!, claimed 5! the landlord "ursuant to N)4 ((*<.4', or ((*C.03, 2or
the inBentor!, moBing and storage o2 "ersonal "ro"ert! le2t on the "remises. -he motion must 5e
2iled Dithin 0, da!s a2ter the summar! order 2or remoBal o2 the tenant or the a5andonment o2
the "remises 5! the tenant, or Dithin 0, da!s a2ter:
a# -he tenant has Bacated or 5een remoBed 2rom the "remises@ and
5# < co"! o2 those charges has 5een requested 5! or "roBided to the tenant,
X DhicheBer is later.
*. :"on the 2iling o2 a motion "ursuant to su5section 7, the court shall schedule a hearing on the
motion. -he hearing must 5e held Dithin (, da!s a2ter the 2iling o2 the motion. -he court shall
a22i/ the date o2 the hearing to the motion and order a co"! serBed u"on the landlord 5! the
sheri22, consta5le or other "rocess serBer. <t the hearing, the court ma!:
a# Determine the costs, i2 an!, claimed 5! the landlord "ursuant to N)4 ((*<.4', or ((*C.03,
and an! accumulating dail! costs@ and
5# %rder the release o2 the tenantQs "ro"ert! u"on the "a!ment o2 the charges determined to 5e
due or i2 no charges are determined to 5e due.
9. < landlord shall not re2use to acce"t rent 2rom a tenant that is su5mitted a2ter the landlord or
the landlordQs agent has serBed or had serBed a notice "ursuant to su5section ( i2 the re2usal is
5ased on the 2act that the tenant has not "aid collection 2ees, attorne!Qs 2ees or other costs other
than rent, a reasona5le charge 2or late "a!ments o2 rent or dishonored checGs, or a securit!. <s
used in this su5section, Tsecurit!U has the meaning ascri5ed to it in N)4 ((*<.04,.
(,. -his section does not a""l! to the tenant o2 a mo5ile home lot in a mo5ile home "arG or to
the tenant o2 a recreational Behicle lot in an area o2 a mo5ile home "arG in this 4tate other than
an area designated as a recreational Behicle lot "ursuant to the "roBisions o2 su5section ' o2
N)4 4,.0(+.
<dded to N)4 5! (9'7, (9+@ < (9'9, 0'3, +7+@ (973, (,*+@ (97+, (0,0@ (977, 4(*, (34'@
(979, (39*, (*79@ (9*+, 009@ (9*7, (039@ (9*9, (,*0, (030@ (99(, ((3@ (99+, (*+(@ (997,
3+((@ (999, 9*(@ 0,,9, (9''@ 0,((, 03+, (4*9#
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tenant 2rom certain t!"es o2 "ro"ert!. E/ce"t as otherDise "roBided 5! s"eci2ic statute, in
addition to the remed! "roBided in N)4 4,.0+( and in N)4 4,.09, to 4,.40,, inclusiBe, Dhen
the tenant o2 a dDelling unit Dhich is su5Hect to the "roBisions o2 cha"ter ((*< o2 N)4, "art o2 a
loD6rent housing "rogram o"erated 5! a "u5lic housing authorit!, a mo5ile home or a
recreational Behicle is guilt! o2 an unlaD2ul detainer, the landlord is entitled to the summar!
"rocedures "roBided in N)4 4,.0+3 e/ce"t that:
(. ;ritten notice to surrender the "remises must:
a# Be giBen to the tenant in accordance Dith the "roBisions o2 N)4 4,.0*,@
5# <dBise the tenant o2 the court that has Hurisdiction oBer the matter@ and
c# <dBise the tenant o2 the tenantQs right to contest the notice 5! 2iling Dithin + da!s an
a22idaBit Dith the court that has Hurisdiction oBer the matter that the tenant is not guilt! o2 an
unlaD2ul detainer.
0. -he a22idaBit o2 the landlord or the landlordQs agent su5mitted to the Hustice court or the
district court must contain:
a# -he date Dhen the tenanc! commenced, the term o2 the tenanc!, and, i2 an!, a co"! o2 the
rental agreement.
5# -he date Dhen the tenanc! or rental agreement allegedl! terminated.
c# -he date Dhen the tenant 5ecame su5Hect to the "roBisions o2 N)4 4,.0+( to 4,.0+(',
inclusiBe, together Dith an! su""orting 2acts.
d# -he date Dhen the Dritten notice Das giBen, a co"! o2 the notice and a statement that notice
Das serBed in accordance Dith N)4 4,.0*,.
e# < statement that the claim 2or relie2 Das authoriPed 5! laD.
3. 72 the tenant is 2ound guilt! o2 unlaD2ul detainer as a result o2 the tenantQs Biolation o2 an! o2
the "roBisions o2 N)4 4+3.,(( to 4+3.++0, inclusiBe, e/ce"t N)4 4+3.33', the landlord is
entitled to 5e aDarded an! reasona5le attorne!Qs 2ees incurred 5! the landlord or the landlordQs
agent as a result o2 a hearing, i2 an!, held "ursuant to su5section ' o2 N)4 4,.0+3 Dherein the
tenant contested the eBiction.
<dded to N)4 5! (9*+, 007@ < (9*9, (,*4, (034@ (99(, ((+@ (99+, (*+3@ 0,,(, (,'+@ 0,,3,
+'(#I
7 ;%:CD C7AE -% AN%; ;8= -8E .7CE 7N )9C )EV0,(06,,(,4*
8<4 ?= ' $<>E .<& %. 9:NE 3,-8, 0,(0 <ND $CE<4E N%-E
-8E C7?7-ED %) 4$EC7<C <$$E<)<NCE N<-:)E %. -8<-
.7C7N> 7N -8E N%-E <- -8E B%--%? %. -8E .7)4- $<>E....=E-
7- 74 N%- .7CE 4-<?$ED, <ND 7 ;<4 NEVE) C<CCED, %)
.<&ED, %) N%-7.7ED 7N <N= ;<= C%NCE)N7N> -8E
4C8ED:C7N> %. ?= C%N4-7-:-7%N<CC= >:<)<N-EED
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8E<)7N> BE.%)E < 4:??<)= EV7C-7%N %) 4-<-:4 %. ?=
7.$ )EE:E4-.
?= $%47-7%N 74 -8<- 7 <? EN-7-CED -% < 4:??<)=
EV7C-7%N 8E<)7N> %N :N7- 09 <ND -8<- 7- 74 C%N>
%VE)D:E. $CE<4E CE- ?E AN%; ;8EN -8<- 8E<)7N> C<N
-<AE $C<CE. 7 D% N%- BEC7EVE <N= 9:D>E C:))EN-C= 8<4
9:)74D7C-7%N %N 7-, <ND -8<- -8E NE; C<4E, ;7-8 < NE;
C<4E N:?BE) 48%:CD BE I)<ND%?C= <447>NEDI
.urther in the )eno Hustice court 2ile 2or rHc reB0,(06,,(,4* is a tenant a22idaBit and declaration 2rom Coughlin 2a/ed to
the court on 9une 3,, 0,(0 contain si/ "ages it is unclear Dh! Coughlin Das not granted a summar! eBiction hearing as
required 5! laD and Coughlin is here5! demanding one and a Hur! trial Dhich he is entitled to one "ursuant the (9
4eBenties the Court decision and .)C$ rule 3, a.m. that Coughlin is requesting one "rior to the time set 2or hearing thatFs
right 2olGs Dere going to a Hur! trial Dhen NeBada court serBices serBed an amended eBiction notice on 9une 0* Coughlin
there and had 2iBe da!s to 2ile 2or an eBiction summar! eBiction hearing and he did so on 9une 3, Hust 2or the )eno $D
managed commit another Drong2ul arrest o2 Coughlin 2urther there Das Count! Hail 2ailed to trans2er Coughlin 2or the
9ul! + hearing on CoughlinFs motion to set aside the original 9une 07 order hoDeBer the 9une 07 order in this case Das
e/tinguished 5! that "osting o2 an amended locGout notice there2ore and eight itFs not 2ile stam" 5ut it should 5e 5! the
)eno Hustice court the si/ "age 2a/ 5! Coughlin on 9une 3,, 0,(0, though Aaren 4tancil a""ears to haBe handDritten in
the case num5er )9C reB0,(06,,(,4*
$CE<4E N%-E 7 <? :47N> <:D7% D7C-<-7%N -)<N4C)7$-7%N 4%.-;<)E .%) -874
C%))E4$%NDENCE <ND 7- ?7>8- 8<VE 4%?E E))%)4, ;87C8 C%:CD >)E<-C= <C-E) -8E
?E<N7N>, <4 7 D%NF- 8<VE -7?E -% C%))EC- -8E? )7>8- N%;.
additional! -8E)E ;<4 4EVE)<C .<&E4 -% -8E )9C C7V7C D7V747%N B= C%:>8C7N %N %) <B%:-
9:NE (3-8, 0,(0, <ND C%:>8C7N )EE:E4-4 < C%$= %. -8%4E %) 4%?E 7ND7C<-7%N %. ;8= -8E=
;E)E N%- .7CED <ND C%:>8C7N ;7CC C8ECA 874 %;N )EC%)D4 7N -8<- )E><)D ;8EN 8E 8<4
-7?E...8%;EVE), -% -8E E&-EN- %NE %. -8%4E .7C7N>4 ;<4 < -EN<N-F4 <..7D<V7- D7)EC-ED
-%;<)D4 :N7- 09, C%-4 %. $)%CED:)<C 7?$C7C<-7%N4 ;7CC 4-E?.
N%)-8;7ND <$<)-?EN-
<44%C CCC
(,3( &$)E44
N%)-8;7ND CCC
((, ((,-8 <VE NE 4-E
++,
BECCEV:E, ;< 9*,,4
Descri"tion 4ummar!
.ictitious .irm Name 6 Counter
74,4,
,43,(3(997 (0:,,:,, <? E/"iration Date: ,43,(30,,0
Business Name: N%)-8;7ND <$<)-?EN-4 %Dners: N%)-8;7ND <$<)-?EN- <44%C7<-E4, CCC
s .irm Name 6 Counter 6 (,93+(
.iling 7n2ormation
.iling Num5er
(,93+(
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.iling Date
,33('30,,' (0:,,:,, <?
E/"iration Date
,33('30,((
Business 7n2ormation
Business Name
)EN% )ED B%%A
%Dner 7n2ormation
%Dner3Cor"orate Name
9E..)E= > C8<NDCE) u
(,4,*+
(03,*30,,4 (0:,,:,, <? E/"iration Date: (03,*30,,9
Business Name: B%--4 C<ND= C%?$<N= %Dners: 9ENN7.E) V C8<NDCE), C7ND= ) V<NDE)Z7EC
8im and him and him and him motion a set o2 societ! eBiction order o2 the num5er o2 5ases one it Dent uno""osed and
hundred $olG case Coughlin Dins in that regard to the notice o2 hearing 5! the )eno Hustice court is dated 9ul! 3(,
0,(0 are not as o2 the hearing on 9ul! 0(, 0,(0 stated 9ul! 04, 0,(0 and him notices on Dhat the hearing is limited
to quote !ou ma! a""ear on the data shoD cause Dh! the court should or should not grant motion to sta! the eBiction
order in the motion 2or e/"edited relie2 2olloDing legal lot coBerage utilit! shut o22. 72 !ou the. ?ust 5e "re"ared
to "roBide testimonial documentar! eBidence the court Dhich torture "osition i2 he 2ailed to a""ear Garmic
renoBation Dould 2orm a dismiss case. ;ith Dhat the notice does not sa! is that the hearing Dill address the motion
to set aside eBiction order Coughlin 2iled on 9ul! 04, 0,(0 and that Dhich and 2or Dhich noD he request the court to
rule in his 2aBor or at least "roBide hearing or at the Ber! and 2or or at the Ber! least require NorthDind and3or
their quali2ied attorne!s or DhoeBer to 2ile an o""osition something under o2 e/"laining Dh! their are three
se"arate notices 2or her three se"arate "rocess a22idaBits o2 serBice 2or the 9une (4, 0,(0 "ersonal serBice o2 a
2iBe6da! unlaD2ul detainer a22idaBit 5! )o5ert )a! o2 NeBada court serBices thatFs right thereFs three se"arate ones
and CoughlinFs "ossession noD and the! 5ear di22erent things as Dell isnFt that interesting hal2 add to that the
2act that NeBada court serBices agreed Dith CoughlinFs assessment that its original on 9une (4 notice o2 unlaD2ul
detainer 2ailure to Bacate "remises Das ine22ectiBe and that it listed the Drong 2orum is or court 2or the tenant to
2ile a tenant at search engines a22idaBit as required 5! laD under 4,.0+3 thatFs not something the Hudge "iercing
can e/cised 2rom the laD or legislate 2rom the 5ench out o2 e/istence that is a laD. -he )eno Hustice court does not
haBe Hurisdiction Dith the notice last 4"arGs Hustice court the 2ugitiBe document 2or the landlord to 2ile it
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landlordFs a22idaBit and then to manage to get Coughlin arrested 5ased u"on a Boid order that should neBer issued
Hudge 4hrader "articularl! Dhere su"erBisor o2 the s!lla5le diBision Aaren 4tancil Das alerted and Dell in adBance
5! Coughlin through "hone calls and mid69une in that 9une 0' o2 Dritten corres"ondence to the court that included in
the 2ile on the le2t side o2 the corres"ondence and Dhere the 4"arGs Hustice court itsel2 2a/ the )eno Hustice court
that a 2a/ alerting it to the "ro5lematic as"ects o2 the 9une (4 notice Coughlin Das arrested he Dent to Hail he
"aid 5ail he did time incurred massiBe damages itFs a""alling 2or Hudge "iercing to ignore all this Dhile also
sanctioning the unauthoriPed "ractice o2 laD 5! 9e22 Chandler NeBada court serBices Dho dress u" liGe the! are
4heri22Fs and managed to the Dord court into their name and 5ang on "eo"le store and leaBe o22 the NeBada "art so
much so that it and it seems as though the! are actuall! acting Dith color o2 laD in the screening !ou to come out
o2 !our house and 5ang on the door "arted sounds liGe the! are cost o2 the 4heri22 and haBe to do e/actl! Dhat !ou
said. -hose 2eD Dho donFt NeBada court serBices has something u" their sleeBe in the 2orm o2 attem"ting to 5reaG and
enter and oneFs residence or se/ serBice o2 "rocess 5! as NeBada court serBices has done to Coughlin on numerous
occasions sometimes ca"tured on Bideota"e 2urther NeBada court serBices is tres"assed on numerous occasions liGe
o22ice "ro"ert! Coughlin hoDeBer is the onl! one DhoFs arrested and conBicted tres"assing and had re"orted rehashes
"atent trademarG o22ice and had im"act his a5ilit! to "ractice his chosen "ro2ession 2or Dhich he has to does haBe a
laD license and actuall! did that a lot 2our. .urther thereFs initial con2lict in the Hudge "iercing DorG to the
district attorne!s o22ice 2irst (0 !ears o2 his career and the ;ashoe Count! 4heri22 and "otentiall! ;ashoe Count!
District <ttorne!Fs %22ice ma! haBe it engages the misconduct in connection Dith the a""ro/imatel! (, di22erent
incarcerations Coughlin s"ace this !ear most all connected one Dhere another -o the ;a!, )eno Hustice court handles
landlord6tenant matters or 2ails to a""l! the laD as Dritten and created 5! the assem5l! the 4enate i.e. the
legislature NeBada and Carson Cit! to 5e clear NeBada court serBices recogniPe the Balidit! o2 CoughlinFs argument
that Dhen he announced to them on 9une 0* at a""ro/imatel! (, <? to (,:4+ <? is Dhere Coughlin "ointed out that
the
the 9une (4 notice listed 4"arGs Hustice court that NeBada court serBices res"onded 5! serBing in the amended
declaration o2 serBice 5! license "rocess serBer on 9une 0* there5! Bitiate in an! order locGout order rescinding
and DaBing it etc. etc. 9une 0*, 0,(0 2a/ 2rom the 4"arGs Hustice court to the )eno Hustice court contains a 2a/
Coughlin sent the 4"arGs Hustice court on 9une 0' that at (0 $? noon o2 that date that 2action Coughlin Das (, "ages
the 2acts 2rom the 4"arGs Hustice court the )eno Hustice court Das a""arentl! (3 "ages no num5er o2 those "ages are
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not included in the 2ile o2 this matter and the )eno Hustice court 5acG to the three di22erent notices o2 unlaD2ul
detainer either stam"ed 5! D Dhich doesnFt count 5! the Da! one needs to sign something attorne!s donFt get a stam"
things and 2ile them and then later on claim the! didnFt commit commit misconduct or her "erHur! or rule ((
Biolation merel! 5ecause it is sign something NeBada court serBices continues to Hust "ut stam"s instead o2 actual
signatures and thatFs an a""ro"riate and under the <iGen case is in NeBada and summar! o2 "roceedings the technical
as"ects o2 notice and due "rocess requirements must 5e strictl! adhered to not run out Dith the 5athDater 5! Hudge
$earson 5ecause he either doesnFt liGe o226line or thinGs Coughlin doesnFt deserBe due "rocess o2 the laD article
"rotection 5ecause CoughlinFs an attorne! !ou GnoD CoughlinFs not a license attorne! currentl! needs not a5le to
maGe attorne! mone! or do attorne! things or eBen commit the unauthoriPed "ractice o2 laD Dith im"unit! liGe NeBada
court serBices 5ecause GnoD Coughlin !ou GnoD o2 Coughlin Das to do so the 4tate Bar Dould 2ind it to 5e a contem"t.
.urther Hudge $earsonFs order 2or summar! eBiction o2 9ul! 3( is Boid in seBeral res"ects one it "ur"orts rule one
units 097( Dhen unit 7( is not "ro"erl! 5e2ore the court unit 7( has its oDn case num5ers o2 reB0,(06,,'7 and
reB0,(06,,(,*0 the multi"lict! is due to, as here, -8E )9C shortcutting due "rocess as"ects o2 the "rocess,
Dhererin I%rdersI 5! 9udges "aid quite a 5it o2 mone! are nothing more than handDritten notes on CoughlinFs oDn
2ilings...4ome o2 those such Inote %)dersI 5! 9udge 4chroeder resulte in con2using Bis a Bis Dhether CoguhlinFs
7.$Fs Dere granted, and necessitated the 2iling o2 com"anion cases 2or units 4+ and 7( in reB0,(06,,'7 and reB0,(6
,,'* in reB0,(06,,(,*0 and reB0,(06,,(*3. -o sim"l! maGe Coughlin sca"egoated all medicine 5lame him 2or taGing
o2
regardless the 9ul! 3( order 5! Hudge $earson in reB 0,(0 Y ,, (,4* "ur"orts rule on matters not noticed in the 9ul!
04 notice s"eci2icall! in that order Dhich reads the court 2inds eBiction Das a""ro"riate motion to sta! eBiction
order denied motion to set aside eBiction order denies motion to contest "ersonal "ro"ert! lien denied motion on
illegal locGout denied tenant haBe alDa!s "ro"ert! remoBed is 097( 5! + $? on <ugust +, 0,(0 onl! a5out hal2 o2 that
order Das "ro"erl! 5e2ore the court notice litigants that 7Fm Dhat Das notice to the litigants in the 9ul! 04 notice
Das that the hearing Dould 5e limited to the motion to sta! eBiction order in a motion 2or e/"edited relie2
2olloDing illegal locGout utilit! shuto22 hoDeBer the order Dent on to rule on matters non6there and noticed
including the motion to set aside the eBiction order the motion to contest "ersonal "ro"ert! lien and that matters
related to the "ro"ert! o2 a unit not eBen inBolBed in a case num5er unit 7( 2urther there required Coughlin a hu5
<llis "ro"ert! remoBed eBen earlier than the laD requires giBen that a2ter the 3, da! "lan under N)4 ((* <.4', the
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landlord ma! not dis"ose o2 the "ro"ert! until (4 da!s o2 "ass 2rom mailing to the tenant last GnoDn address a
certi2ied letter. 4o there and again Hudge $earson is Biolating the laD in 2ailing to a""l! eBenl! to Coughlin in
2act heFs attem"ting to e/Cise "rotections accorded and Coughlin under NeBadaFs landlord tenant laD Dhich is the
most "ro6landlord laD set o2 laDs in the countr! 5ut thatFs not good enough 2or Hudge "iercing he Dants to cut eBen
more "rotections out o2 it Dhen it comes to Coughlin and the reasoning 5ehind that is not clear though Coughlin has
had some issues Dith ;ashoe Count! District <ttorne!Fs %22ice this !ear in Hudge $earson did s"end the 2irst (0
!ears o2 his career there.
<ttached in e/hi5it a are the three di22erent 9une (4 declarations o2 serBice 5! license "rocess serBer )o5ert or )!anJ#
;ra! ..-hatFs right, Coughlin has in his "ossession three di22erent N%tice o2 :D dated '3(43(0 and either Istam"edI Dith
I). ;a!I or actuall! containing a handDritten signature 5! ). ;ra! though the one actuall! signed lacGs a time
indication, and the! all lacG a Imanner o2 serBiceI or an! other "articular 5e!ond 2alsel! attesting to haBe 5een
I"ersonall! serBedI. ;)a! and N%)thDinds manager attem"ted to 5reaG and enter into unit 09 in ho"es o2 e22ecting
I"ersonal serBiceI u"on Coughlin in a unit that had not DindoDs and that had the door closed and locGed and or 5arred.
-hat is a criminal act and Coughlin is noD again here5! com"laining a5out it to the landlrod, so haBe 2un reading N)4
((*<.+(,Fs and N)4 ((*<.39, and 7Fll see !ou in Court, and ;)a!, !ou should "ro5a5l! sel2 re"ort to the "rocess serBer
licensing 5od! and ho"e 2or the 5est. ChecG out the Bideo 2o the '30*3(0 arrest Dherein the ;C4%Fs >omeP and ?achen
tell Chandler to Ilet us do the talGing, 9e22I, then Chandler, dressed u" in an out2it and Dith a com"an! name intended to
connote color o2 laD t!"e authorit!, "ur"orts to tres"ass Coughlin 2rom the Dhole "lace, ie, the entire "remises at ('*,
4G! ?ountain Dr., de"sit Coughlin still haBing, at the time, one, and "erha"s tDo Balid leases, to units 4+ and 7(.
.urther, the ;ashoe Count! Detention Center or Hail tooG a tenanFts a22idaBit 2rom Coughlin on or aoround 9ul! (+th,
0,(0 2or units 4+ and another 2or unit 7( and due to CoughlinFs indigenc!, the Hail li5rar! indicate it Dould 5e 2iled Dith
the rHc....;<s itJ
he Court Dith Hurisdiction. N)4 4,.0+33#a#. %Ne cannot 5e tres"assing in a "lacDe Dhere the!
haBe a Balid reason 2or 5eing or a laD2ul right to 5e. N)4 0,7.0,,, )?C *.(,.,4,.
Aikins v. Andrews, 9( NeB. 74', +40 $.0d 734 (97+#, the 4u"reme C%:li construed the
"redecessor statute to N)4 4,.0+(' to mean that the alternatiBe 2iBe +# da! notice must 5e giBen
'
5e2ore the tenants can 5e dis"ossed and a lease can 5e Balidl! terminated. -he court stated that this
2iBe +# da! notice requirement I ... neither can 5e DaBed nor neglected.I 9( NeB. at 74*.
tt":33DDD.constitution.org3ussc3+,'6,+'a.htm

:.4. 4u"reme Court
4%CD<C B. C%%A C%:N-=, +,' :.4. +' (990#
E07 U6S6 E7 4%CD<C, E- :&. B. C%%A C%:N-=, 7CC7N%74 E- <C.
CE)-7%)<)7 -% -8E :N7-ED 4-<-E4 C%:)- %. <$$E<C4 .%) -8E
4EVEN-8 C7)C:7-
No. 9(6'+('
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CONCLUSION
-he undersigned here5! request this Court consider these materials "resented herein in
deciding u"on this matter.
AFFIRMATION AND DECLARATION
I $"/!#r", *r-*#&' 'o NRS E2605E, *&$"r "&#!'. o0 "rB*r. *&$"r '(" !#1- o0 '(" S'#'"
o0 N")#$# '(#' '(" 0or",o%&, %- 'r*" #&$ /orr"/' #&$ '(#' '(%- $o/*+"&' $o"- &o' /o&'#%& #&.
-o/%#! -"/*r%'. &*+3"r-, *r-*#&' 'o NRS 22;B6020, #& #00%r+#'%o& 'o '(#' "00"/' '(%- ("r"3. %-6
D<-ED this 9th o2 %cto5er, 0,(0:
Z3s3 Zach Coughlin
Zach Coughlin,
"ro se tenant
- 30/34 -
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$)%%. %. 4E)V7CE
%n this date, 7 caused a co"! o2 the 2oregoing document s to 5e serBed u"on the 2olloDing 5!
2a/ing and emailing to those Dho haBe consented to such serBice and or 5! hand deliBer! to dro"slot
or 2ront desG, and 5! "lacing a true and correct co"! o2 the 2oregoing document in the :.4. mail
addressed to:
N%)-8;7ND <$<)-?EN-
<44%C CCC
(,3( &$)E44
N%)-8;7ND CCC
((, ((,-8 <VE NE 4-E
++,
BECCEV:E, ;< 9*,,4
Descri"tion 4ummar!
74,4,
,43,(3(997 (0:,,:,, <? E/"iration Date: ,43,(30,,0
Business Name: N%)-8;7ND <$<)-?EN-4 %Dners: N%)-8;7ND <$<)-?EN-
<44%C7<-E4, CCC
NeBada Court 4erBices
CeD -aitel, Esq., 4ta22 <ttorne!
9e22 Chandler, %Dner and CE%
)o5ert ;ra!, Cicensed $rocess 4erBer
47+ 4. <rlington <Benue, 4uite (<
)eno, NV *9+,(
77+# 34*67+',
CeDis 4. -aitel, Esq.
<ttorne! at CaD
57E S6 Ar!%&,'o& S*%'" 1A
)eno, NeBada *9+,(
77+# 30060070
F#@4 F77EG 25?<7;77
NeBada 4tate Bar No. 4397
Not sure Dho ?r. -aitel re"resents in this matter, i2 an!one...
- 31/34 -
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57E So6 Ar!%&,'o& S*%'" 1A
)eno, NeBada *9+,(
77+# 34*67+',
-oll .ree# *,,6+7,6++*3
F#@4 F77EG 25?<7;77
Email: neBcs1neBcs.com
J unauthoriPed "ractitioner o2 laD 2or NorthDinds <"artmentsJ
<C>6<?$7, 7N
NorthDinds <"artments
3s3 Zach Coughlin
Zach Coughlin, "ro se tenant
- 32/34 -
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inde/ to e/hi5its:
e/hi5it ( ++ "ages
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e/hi5it (
- 34/34 -
One Size Car Garage For Rent
file:///R|/jackieboy/Documents/$75%20garage%20747-9200%201600%20sky%20mountain%20dr..html[10/10/2012 2:50:35 AM]
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Avoid scams and fraud by dealing locally! Beware any arrangement involving Western Union, Moneygram, wire
transfer, or a landlord/owner who is out of the country or cannot meet you in person. More info
$75 One Size Car Garage For Rent (Northwest Reno, NV)
Date: 2012-04-02, 10:02AM PDT
Reply to: see below
[Errors when replying to ads?]
Welcome to Northwind Apartments. We offer storage units to non-Northwind Residents!
If you need more storage, we offer garages to rent for $75 per month. They are a full size single car garage. Most
public storages would charge over $150 dollars for the same size! Our community is located in northwest Reno, right
off of McCarran.
Please call us at (775) 747-9200 or come by. We are located at 1680 Sky Mountain Drive in Northwest Reno.
1680 Sky Mountain Dr. (google map) (yahoo map)
Location: Northwest Reno, NV
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file:///C|/...012%20email%20to%20stuttle@washoecounty.us%20regarding%20ncs%20rev2012-001048%20etc%20ncs.htm[10/10/2012 6:23:17 AM]
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I demand my summary eviction hearing, before a jury based
upon 6 28 12 notice and my faxed Tenants Answer of 6 30 12
i
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 10/10/12 5:38 AM
To: stuttle@washoecounty.us; kstancil@washoecounty.us; rjcweb@wasoecounty.us;
037nor2@acg.com; 037nor4@acg.com; nevcs@nevcs.com; chansen@washoecounty.us;
renodirect@reno.gov; rjcweb@washoecounty.us; cwood@washoecounty.us;
william@hornelawfirm.com; pilbinfo@ag.nv.gov; tsegerblom@asm.state.nv.us
Dear Mr. Tuttle and Supervisor, Civil Division Stancil and Supervisor of the Civil
Division at Sparks J ustice Court Hansen,
Mr. Hansen, I believe I am entitled to a hearing in your court. I would like one. May I
have a date. Mr. Tuttle and Ms. Stancil, I believe I am entitled to several hearings in
your court, may I have such and a date and time for them?
I am writing to demand respectfully my hearing incident to the NOtice served on my
rental at Northwind Apartments 1680 Sky Mountin Drive unit 29 on J une 28th, 2012.
I believe the tenant's affidavit I filed in response to that 5 day notice should be given
a brand new case number, though the designation by ncs that it was an "Amended
NOtice" pursuant to is is is is is is is isis it is as if the isthe 6/14/12 one (the one R.
Wray lied about effecting "personal service" on me of, which got me arrested just
before I was to fax to the RJ C, by noon, a Tenant's Answer or MOtion to Dismiss for
failure to state a cause of action or deficieny of service of process or something (I
arguably needn't have even filed anything in the RJ C where the 6/14/12 notice listed
Sparks J ustice Court.
Oh, it gets better...Nevada Courts services filed a Landlord's Affidavit attesting to
have rented Coughlin a "dwelling" which is defined as a "sleeping place or residence"
in NRS 118A...and pursued an eviction under NRS 118A...citing a breach by Coughlin
for allegedly using the unit 29 for a residence or sleeping place, instead of pursuing
NRS 40.760 or NRS 118.475 eviction remedies (which, by the way, may result in the
Sheriff evicting Coughlin or forcing him to quit any alleged use of Unit 29 as a
"dwelling place or residence", but YOU WILL NOT THAT UNDER THOSE
STATUTES COUGHLIN WOULD BE ALLOWED, UNDER THE LAW TO
CONINUTE STORING AND ACCESSING HIS PROPERTY THERE!!!!CAN'T
HAVE IT BOTH WAYS ALL THE TIME, GUYS. Oh, also, who in the hell signed
the Landlord's affidavit? There is no textual indication of whom the solitary letter of a
"signature" belongs to....maybe because it would be a NRCP 11 violation for a
corporation to appear "pro se", especially where represented by someone committing
the unauthoried practice of law?
R. Wray made some interesting statements on the video of the 6/28/12 arrest filmed by
Coughlin, especially concerning Coughlin's contention that Wray and NOrthwind's
Dwane J akob's attempts to break and enter and trespass into Unit 29 constituted
"personally serving" Coughlin a 5 day Unlawful Detainer Notice on 6/14/12. If NCS
did not "personally serve" Coughlin, then Coughlin would have had until J une 28th,
2012 at noon at the earliest (and arguably until the close of business at 5pm on
6/28/12 to file a response (ie Tenant's Answer or MOtion to Dismiss, etc), in Sparks
J ustice Court OR EVEN in REno J ustice Court. Coughlin was arrested at 10:30 am
on 6/28/12, thereby, under color of law, the WCSO, NCS and NOrthwind and J akob
fraudulently prevented Coughlin from filing (if he did not already previously,
espeically in the 6/13/12 faxes that are mysteriously unaccounted for in rJ C files) a
Tenan'ts Response (tEnan'ts answer, or Tenant's AFfidavit or Motion to Dismiss, etc.).
So, R. Wray and NCS, its kind of a big deal that you lied about effecting personal
service on 6/14/12 of the 5 day notice.
Coughlin has three different version of that notice or "Declaration of Srevice by
License PRocess SErver" R. Wray. in one, a time of 9:23 (presumably am, but that is
not circled, nor is pm) on 6/14/12 is listed, and a rubber stamp indicating "r. wray", is
there, along with a hadnwritten "reg #r-043948" is there. that Declaration indicates
that R. WRay "personally served" the partey named, Coughlin. Oddly, this first
version (and all three of these are in the RJ C file in rev2012-001048) instead of
"jennifer Chandler" being in , I guess, the signature line for the "agent" of the landlrod
(and she always just places a "rubber stamp" of her name anyways..", instead of
J ennifer Chandler, on the one 6/14/12 5 day NOtice (and all version sof this notice
have checks on box 3 and 6, which read "3. Recieved a 5 day notice of possible
unlawful detiner for failure to comply with the rental agreement....6. Remained in
possesion of the premises subject to the provision of Chpater 118A of the NRS after
having failed to perform the basic or contractual obligations imposed upon you by that
Chapter, namey (SEE ATTAChed)" though the "attached just seems to include a
copy of the "Rental Agreement" with no real indication of how Coughlin was in
violation of it, and no indication of why NOrthwinds feels Coughlin remained in
violation thereof despite Coughlin's written communications indicating that he was not
in breach. Anyways, rather tha a rubber stamp indicating "jennifer Chandler" on that
one 5 day notice, the one where WRay actually affixes his actual signature, follow by
a handwritt r-043948 (his licensed process sever number), the spot usually baring the
"J ennifer Chandler" rubber stamp is instead taken up by a signature by Nevada Court
Services resient notary public HB Cedomio....AGain, there is no time listed on that
first version of the NOtice or which includeds at the bottom the "Declaration of
Service...."
In the second version of the "notice of Unlawful detainer..." served on J une 14th,
2012, in his "Declaration of Service by Licnese process Server" (which, arguably
inovkes the "penalty of perjury dicate of NRS 53.045...) Wray against declares he
personally served Coughlin, with a time of 9:23 indicated, and a rubber stamp of "R.
Wray" on the signature line, with a handwritten "REg #R-043948" (and that version
was faxed by the Sparks J ustice Court to the Reno J ustice Court on J une 28th, 2012 at
11:05 am, (in a 13 page fax, many pages of which are not in the RJ C file, though that
fax does included the header from the fax from Coughlin to the "Sparks J ustice Court
on 6 26 12 at 12:00pm, which was a 10 page fax, and the versio of the 6/14/12 5 day
notice with Declartion of Service by r. Wray indicating a time of 9:23 is page 6 of 10
of Coguhlin's fax to the Sparks J ustice Couer (according to the fax hearders) while
also being page 12 of teh J une 28th, 2012 fax from the Sparks J ustice court to the
Reno J ustice Court. right about the moment Coughlin was being placed in WCSO
Deputy Machen squad or patrol vehicle for transprot to the jail, where Coughlin would
be forced to fork over some more bail, etc., etc.
IN the Third version of the "Declaration of Service" on the same J une 14th, 2012
"NOTICE OF UNLAWFUL DETAINER FOR FAILURE TO VACATE PREMISES
..This third version of his 6/14/12 Declaration of Service by Licensed PRocess Serve
R. Wray has the typical "jennifer chandler" rubber stamp for the NOtice half of the
page, and has a rubber stamp for "?R.wray", along with a clearly differt handwrirtn
note of "reg#r043" (obviously, aside from the handwriting "analysis" the handwrittn
numberical indication of the process servicer number is truncated on this third version
by 3 numbers). Additionaly this third version indicates it was "personally served" at
12:54 pm.
Why all the different versions? why, if personally service was effect at 9:23 am, woud
R. Wray need to return and do it again, all for Unit 29, nmin you only (all the other
Declartions of Service from that date of 6/14/12 , ie for units 45 and 71, indicate that
Wray merely posted teh notice to the rented property (and therefore would entail 3
more days fro mailing to get "construtive notice" under NRCP 6(e) and NRCP 5(b)(2),
which landlord's like Northwinds just hate.
Then there is the fact that NCS snuck into the file later a whole nother type of notice,
one under NRS 40.760...which, of course, changes everything..
OF course, Wray did not "personally serve" Coughlin. Wray attempts to make some
half-baked argument about how he slid (after failing in his attempts to break and enter
and trespass in to Unit 29 on 6/14/29) the 5 day UD Notice into a crack in the door of
the rental, and perceived it to "move" after he let go of it, thereby, apparently, entitling
him to assert that he effected "personal service" upon tenant Zach Coughlin, or,
apparently, otherwise complied with NRCP 5, and therefore cut short the time for
Coughlin to respond as a tenant and secure a hearing (rather than be incarcerated after
having unknown violent sounding figures (flashbacks to other interactions with
Nevada Court Services) banging on his doors, refusing to indentify themselves, then
ultimately taking a chainsaw (or sawz-all) to a metal door to a confined windowless
rental.
NRS 40.400 makes NRCP the applicable rules here, not J CRCP, nor J CRRT:
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
Rule
Drafters Note
Commentary
(a) Service: When Required. Except as otherwise provided in these rules, every order
required by its terms to be served, every pleading subsequent to the original complaint
unless the court otherwise orders because of numerous defendants, every paper
relating to discovery required to be served upon a party unless the court otherwise
orders, every written motion other than one which may be heard ex parte, and every
written notice, appearance, demand, offer of judgment, designation of record on
appeal, and similar paper shall be served upon each of the parties. No service need be
made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon them in the manner
provided for service of summons in Rule 4.
[As amended; effective September 27, 1971.]
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a
party represented by an attorney, the service shall be made upon the attorney unless
the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge,
or if there is no one in charge, leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and
discretion residing there.
(B) Mailing a copy to the attorney or the party at his or her last known address.
Service by mail is complete on mailing; provided, however, a motion, answer or other
document constituting the initial appearance of a party must also, if served by mail, be
filed within the time allowed for service; and provided further, that after such initial
appearance, service by mail be made only by mailing from a point within the State of
Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of
the court.
(D) Delivering a copy by electronic means if the attorney or the party served has
consented to service by electronic means. Service by electronic means is complete on
transmission provided, however, a motion, answer or other document constituting the
initial appearance of a party must also, if served by electronic means, be filed within
the time allowed for service. The served attorneys or partys consent to service by
electronic means shall be expressly stated and filed in writing with the clerk of the
court and served on the other parties to the action. The written consent shall identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail
address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until
the representation of a party changes through entry, withdrawal, or substitution of
counsel. An attorney or party who has consented to service by electronic means shall,
within 10 days after any change of electronic-mail address or facsimile number, serve
and file notice of the new electronic-mail address or facsimile number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party
making service learns that the attempted service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys
employee, or by written admission, or by affidavit, or other proof satisfactory to the
court. Failure to make proof of service shall not affect the validity of service"
In the legal work drafted and filed by a non-attorney, a criminal violation in NCS's
and J eff Chandler's committing the authorized practice of law (what happens to people
doing plastic surgery without a license? jail time, lots of it...because something could
go badly, badly wrong and people could get hurt...like Coughlin got hurt, damaged,
arrested, financially destroyed, etc., etc. here. thin skull plaintiff, consequential
damages Winchell v Schiff 2008 case seafood, storage place lost business and lost
profits $300K damages, etc.. while in jail Coughlin was prevented from filing in
matters that ultimately wound up with a $40,050 judgment against Coughlin, and
there's more, for which NOrthwind, and NCS, Chandler and WRay, and perhaps, some
others, will be liable.). In the "Affidavit of Landlord for Breach" filed on J une 27th,
2012 by ,well, who knows, given it just says "Lanldord" and has what appear s to be a
handwritten "S" in the signature line...but, lets say it was filed by J eff Chandler, whom
crossed the bar and argued before J udge Pearson on J uly 31st, 2011 in REv2012-
001048 on behalf of his "client' Northwind Apartments, Associates LLC (see acg-
ampi.com, doing business in 10 states, kinda seems like they could afford and attorney
rather than destroy our community with hack pretend lawyers who play dress as a
Sheriff and bully peopel while attempting to break and enter and trespass...and then
RPD Alan Weaver and SArgent Oliver Miller, and WCSO Deputy J ohn Machen and
Deputy Gomez chip in some Soldal v. Cook County violating 1983 violations as
well....puke, puke. puke... IN the "Affidavit of Landlord for Breach" that Chandler
drafted and filed, he wrote, at paragraph 4. "him and nation surrender of the premises
was to have taken place on or before J une 13, 2012. That legal notice has been served
on the tenant's in accordance with the provisions of NRS chapter 40.280 as amended
on 6/14/12."
Chandler's Affidavit of Landlord for Breach demonstrates a lack of candor to the
tribunal, which would be professional misconduct to report to the SBN, but, Chadler
aint a lawyer, so,and what are ya goin' ta do? DDA Yound? DDA Kandaras, isn't that
your jurisdiction? That is a criminal law violation, right, unauthorized practice of
law...and in that J une 27th, 2012 Affidavit of Landlord Chandler sneakily lists "N/a" in
the blank for the "original period of is (blank) terminating on o forr transferring to a
periodic tenancy on that date. A copy of the written rental agreement, if any , is
attached hereto."....Upon information and belief, chandler failed to inlcude a copy of
the Rental Agreement in at least one of these NOrthwind files (not sure if it was in the
one for unit 29, rev2012-001048, but it woudl make sense, as Northwind's eggs were
all in that basket in a sense.) Anyways, the Rental AGreement makes clear the period
is not "n/a"...why would Chandler do that? Coudl it be that NRS 40.253 has differ
atent laws for tenancies where the rent is reserved by a period of 1 week or less?
Coughlin paid for one month's rent up front at the time the Renal Agreement was
signed. Also, see isthe craigslist ad Coughlin responded to placed by Northwind, and
incorporated into an "Rental Agreement", along with verbal indications, arguably,
under NRS 118A.160 (which only applies to "dwelling places", but the Landlord's
Affidavit inidcates this rental was, in paragraph 2 such, as it states "2. That yor
affiant isrented a certain dwelling or apartment to Zach Coughlin, located at 1680 sky
mountain dr...#29, Reno, NV on 5/4/12 for an original period of N/a terminating on or
transferrinto a periodic tenancy on that date. a copy of the written rental agreemet if
any, is attached hereto.".. Chandler seems to want to take advanteg of NRS
40.253(2)'s quickie service approach for week to week rentals, which unit 29, by
virtue of the terms of the Rental Agreement, clearly was not. as him and him and him
this but the new the signatures is written in the amount of $75 is due no later than the
first of late after the for every month late is asked Bob Loblaw clearly this was a
periodic tenancy of month to month for variety further one provision and this one is
rental agreements has written 30 days notice to vacate is required or rental will be
responsible the next months rent covered Chandler tends to one characterize this as a
week to week or less type tenancy to take advantage of the lessons service
requirements there and found in NRS 40.253(1)-(2):
Further, the Rental Agreement is not necessarily limited to the document that
NOrthwind Apartments purports to be the "GARAGE / CARPORT RENTAL
AGREEMENT" as their exists no limitation in that document that affirmatively
disclaims any incorporation of statements by then Manage Deede Call (whom
mysteriously disappeared upon current Manager Dwayne J akob showing up) or
incorporated into the Rental Agreement or Lease by virtue of the advertisements that
Northwinds held out to the public on Craigslist, which is how Coughlin learned of
their offer, upon which Coughlin called then Manager Deede Call and met with her in
person. Attached in Exhibit 1 is the Craigslist ad that Northwinds was running at the
time, and it read:
"$75 One Size Car Garage For Rent (Northwest Reno, NV)
Date: 2012-04-02, 10:02AM PDT
Reply to: see below
Welcome to Northwind Apartments. We offer storage units to non-Northwind
Residents! If you need more storage, we offer garages to rent for $75 per month.
They are a full size single car garage. Most public storages would charge over $150
dollars for the same size! Our community is located in northwest Reno, right
off of McCarran. Please call us at (775) 747-9200 or come by. We are located at 1680
Sky Mountain Drive in Northwest Reno."
AND IT GETS BETTER: The thing about NRS 40.760 is that it specifically
indicates that it does not apply to "garages". And J udges don't legislate from the
bench, they just apply the law as written, so people can depend on notice provided by
precedent and published laws. To do otherwise is judicial misconduct arguably
requiring a Complaint with the J udicial Discipline Commission.
Further Coughlin asked and then Manager Deede Call (she is listed as the manager on
the "RENTAL AGREEMENT" of May 4th, 2012, and it bears hers and Coguhlin's
signature, numerous questions vis a vis the use of the rental, and clearly, Deede Call
gave Coughlin permission (and actually, Call did not indicate any "special permission"
to use the rentals for something other than parking a car was necessary to obtain
anyways, and no one has established that Coughlin did not use the rentals for parking
anyways, and any Fourth Amendment violating trespass and videoing of Coughlin's
rentals is not admissible anyways. Soldal v. Cook Co.
CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES
CONCERNING PROPERTY SUMMARY PROCEEDINGS FOR OBTAINING
POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE
HOME
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and
exclusion of tenant for default in payment of rent.
NRS 40.280 Service of notices to quit; proof required before issuance of order to
remove.
NRS 40.400 Rules of practice.
CHAPTER 108 - STATUTORY LIENS
LIENS OF OWNERS OF FACILITIES FOR STORAGE
NRS 108.475 Use of storage space for residence prohibited; eviction; nature of
facility; effect of issuance of document of title for property.
CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS
CHAPTER 197 - CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THIS
STATE
NRS 197.090 Interfering with public officer.
NRS 197.100 Influencing public officer.
NRS 197.110 Misconduct of public officer.
NRS 197.120 False impersonation of public officer; intrusion into and refusal to
surrender public office.
NRS 197.130 False report by public officer.
NRS 197.140 Public officer making false certificate.
NRS 197.160 Fraudulently presenting claim to public officer.
NRS 197.180 Wrongful exercise of official power.
NRS 197.190 Obstructing public officer.

The arrest of Coughlin at Northwinds Apartments on J une 28th, 2012 by the same
WCSO Deputy Machen who filed a false affidavit attesting to have "personally
served" Coughlin the Summary Eviction ORder from Coughlin's former home law
office on November 1st, 2011, when in reality, Machen just posted the Order to the
door when nobody was home (and therefore committed trespass under color of law, as
he failed to comply with NRCP 5(b)(2) (made applicable to landlord tenant matters by
NRS 40.400) and NRCP 6(e).
So, WCSO Machen arrested Coughlin for a violation of NRS 197.190:
NRS 197.190 Obstructing public officer. Every person who, after due notice, shall refuse or
neglect to make or furnish any statement, report or information lawfully required of the person by
any public officer, or who, in such statement, report or information shall make any willfully untrue,
misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public
officer in the discharge of official powers or duties, shall, where no other provision of law applies,
be guilty of a misdemeanor.
Yet DDA charged Coughlin in the Criminal Complaint in RJ C RCR2012-067980 with a different
crime, NRS 199.280:
"NRS: CHAPTER 199 - CRIMES AGAINST PUBLIC JUSTICE
OTHER OFFENSES
NRS 199.280 Resisting public officer.
A person who, in any case or under any circumstances not otherwise specially provided for,
willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any
legal duty of his or her office shall be punished:
1. Where a firearm is used in the course of such resistance, obstruction or delay, or the person
intentionally removes, takes or attempts to remove or take a firearm from the person of, or the
immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a
category C felony as provided in NRS 193.130.
2. Where a dangerous weapon, other than a firearm, is used in the course of such resistance,
obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a
weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in
the course of such resistance, obstruction or delay, for a category D felony as provided in NRS
193.130.
3. Where no dangerous weapon is used in the course of such resistance, obstruction or delay,
for a misdemeanor."
Why the change from DDA Young? It couldn't be becuase NRS 199.280 is more damaging to
Coughlin's law license, in light of SCR 111(6), than would be a simple little NRS 197.190 charge,
could it? Is that permissible where the WCDA and WCSO have a vested interest in discrediting
and demolishing Coughlin in light of allegation of misconduct by both of those offices with respect
to its treatment of Coughlin, in addition to misconduct against Coughlin by the WCDC?
Nevada Supreme Court Rule 111(6): "6. Definition of serious crime. The term serious crime
means (1) a felony and (2) any crime less than a felony a necessary element of which is, as
determined by the statutory or common-law definition of the crime, improper conduct as an
attorney, interference with the administration of justice, false swearing, misrepresentation,
fraud, willful failure to file an income tax return, deceit, bribery, extortion, misappropriation,".
Convictions of a "serious crime" require Bar Counsel to file a SCR 111 Petition against the
attorney.
Could there be any clear demonstration of the retaliatory animus against Coughlin by the Washoe
County District Attorney's Office? Are prosecutors paid to play out grudges and sanction
misconduct by local law enforcement? Rather than just a "resisting" charge, DDA Young and the
WCDA want to try to glom on a "false swearing" and "inteferring with the administration of
justice" claim, even where the know of the 6/26/12 written correspondence by Coughlin to both the
Sparks and Reno J ustice Courts and the Civil Division of the Washoe County Sheriff's Office.
Enough is Enough. This prosecutorial misconduct must not stand.
But, really Coughlin is hereby complaining to the landlord, pursuant to NS 118A.510 of a violation
of the criminal law by one who is arguably an "agent" of the landlord (not making a bribery
allegation here, to be clear, though):
NRS 197.200 Oppression under color of office.
1. An officer, or a person pretending to be an officer, who unlawfully and maliciously, under
pretense or color of official authority:
(a) Arrests or detains a person against the persons will;
(b) Seizes or levies upon anothers property;
(c) Dispossesses another of any lands or tenements; or
(d) Does any act whereby the person, property or rights of another person are injured,
commits oppression.
2. An officer or person committing oppression shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category D
felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a gross
misdemeanor.
Further, this is an officil written complaint against WCSO Deputy Machen and Gomez, please place
a copy of this Complaint in their employment and personnel files, and please do the same with
respect to RPD Officer Alan Weaver, Sargent Dye, Sargent Oliver Miller, and Officer Welch for
their gross misdemeanor, consisting of doing that which is the domain of the Sheriff under NRS
40.760 in conection with the matter at Superior Mini Storage on or around September 21st, 2012
under the following law, in light of teh language in NRS 40.760 and NRS 108.475, which I made
the RPD aware of at the time, and Soldal v. Cook Co. Couldn't be too much of a budget crunch
when local law enforcement acts the way they do, veritably goading civil rights tenant's right
attorney's into suing them through their reckless and tacky behavior: NRS 197.180 Wrongful
exercise of official power. Any person who willfully takes upon himself or herself to exercise or
officiate in any office or place of another, without being lawfully authorized thereto, is guilty of a
gross misdemeanor.
Also, uner NRS 118A.510, I am complaining of the following violations of criminal law on
Northwind's behalf:
NRS 197.120 False impersonation of public officer; intrusion into and refusal to surrender
public office. Every person who shall falsely personate or represent any public officer, or who
shall willfully intrude into a public office to which the person has not been duly elected or
appointed, or who shall willfully exercise any of the functions or perform any of the duties of such
officer, without having duly qualified therefor, as required by law, or who, having been an
executive or administrative officer, shall willfully exercise any of the functions of office after his or
her right to do so has ceased, or wrongfully refuse to surrender the official seal or any books or
papers appertaining to such office, upon the demand of his or her lawful successor, shall be guilty
of a gross misdemeanor.
[1911 C&P 67; RL 6332; NCL 10016]
NRS 197.130 False report by public officer. Every public officer who shall knowingly make
any false or misleading statement in any official report or statement, under circumstances not
otherwise prohibited by law, shall be guilty of a gross misdemeanor.
NEvada Court Services regularly attempts to mislead tenant's into thinking the act with color of law. From J oel
Durden barking at me in his Sheriff look-a-like getup that he is an "officer of the court" and from "Court
Services" to having the word "Court" in their name,etc., etc. NEvad Court Services impersonates public officers.
Additionally, Machen's police report is false to the extent that it fails to indicate that, at least at some point,
Machen and or Deputy Gomez refused to idnetify themslevs. They don't know what someone is doing inside
when they purport to "knock and announce" and the must reasonably be expected to assume one could have not
heard their initial announcing their idnetify (whether because they had headphones or, were in the bathroom,
whatever...and Machen and his cowboy partner Gomez refused to identify themselves in response to a request
that they do so by Coughlin, and similarly refused to slide through the door any paperwork or warrant describing
the purpose of their visit.
WCSO is that Machem's Affidavit of Service indicates that he "personally served" me,
which kind of reminds me of all that robo-signing and MERS fraud I come across in
my day job (and do you wonder how many attorneys in the foreclosure defense game I
am in constant contact with who are watching and witness the potential RICO
violations this writing mentions?), which includes being a foreclosure defense
attorney. So which is it? Did Machem "personally serve" me the Summary Eviction
Order? Richard G. Hill, Esq. likes to argue that I was "served" in compliance with all
time related rules because it was done in the "usual custom and practice of the
WCSO. What, exactly, is the "usual custom and practice of the WCSO? I hear a lot
about this "within 24 hours" stuff. So, I go hunting for some black letter law to
support what those at the RJ C and in the clueless community at large (which often
includes Nevada Legal Services and Washoe Legal Services, the people you guys had
such trouble actually serving in the lawsuits I filed, which may have actually helped
improved legal services in this community, if they were not dismissed due to
insufficiency of service of process, even where the IFP required the WCSO to served
the defendants....). Anyway, back to the "within 24 hours" phraseology: "

This whole business about The court may thereupon issue an order directing the
sheriff or constable of the county to remove the tenant within 24 hours after receipt of
the order... is inapplicable to this situation, where an Order Granting Summary
Eviction was signed by October 27th, 2011. That language is only found in situations
inapplicable to the current one. NRS 40.253(3)(b)(2), and NRS 40.253(5)(a) are the
only sections of NRS 40 where this within 24 hours language occurs, and those
situations only apply where, in:
40.253(3)(b)(2): 3. A notice served pursuant to subsection 1 or 2 must: ...(b) Advise
the tenant: . (2) That if the court determines that the tenant is guilty of an unlawful
detainer, the court may issue a summary order for removal of the tenant or an order
providing for the nonadmittance of the tenant, directing the sheriff or constable of the
county to remove the tenant within 24 hours after receipt of the order
and,
40.253(5)(a): 5. Upon noncompliance with the notice: (a) The landlord or the
landlords agent may apply by affidavit of complaint for eviction to the justice court
of the township in which the dwelling, apartment, mobile home or commercial
premises are located or to the district court of the county in which the dwelling,
apartment, mobile home or commercial premises are located, whichever has
jurisdiction over the matter. The court may thereupon issue an order directing the
the order. The way these summary eviction proceedings are being carried out in Reno
J ustice Court presently shocks the conscience and violates Nevada law. There is not
basis for effectuating a lockout the way WCSO's Deputy Machem did in this case. The
above two sections containing the within 24 hours of receipt language are
inapplicable, as those situations do not invoke the present circumstances, where the
Tenant did file an Affidavit and did contest this matter to a degree not often seen. To
require Nevada's tenants to get up and get out within 24 hours of receipt of the
order (what does that even mean? The use of terms like rendition, rendered,
notice of entry, pronounced, is absent here, and this receipt of the order
language is something rarely found elsewhere in Nevada law-see attached DMV
statutory citations, and in employment law litigations where one must file a Complaint
within 90 days of receipt of a Right To Sue Letter, a situation which follows NRCP
5(b), and NRCP 6(e) in imputing receipt of such a letter, when actual receipt is not
shown, by applying a constructive notice standard that relies upon the days for
mailing extension of time for items served in the mailing, etc.). In Abraham v. Woods
Hole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the record did not reflect
when the plaintiff received his right-to-sue letter. The letter was issued on November
24, 2006. The court calculated that the 90-day period commenced on November 30,
2006, based on three days for mailing after excluding Saturdays and Sundays. In order
to bring a claim under either Title VII or the ADA, a plaintiff must exhaust
administrative remedies and sue within 90 days of receipt of a right to sue letter. See
42 U.S.C. 2000e-5(f)(1). See Baldwin County Welcome Center v. Brown, 466 U.S.
147, 148 n.1, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)(granting plaintiff an additional
three days for mailing pursuant to Rule 6).
Further, despite what the inaccurate handouts of Nevada Legal Services may say about
this 24 hours and the applicability of the J CRCP to cases like these, NRS 40.400
Rules of practice, holds that :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. As such
NRCP 6(a),(e) applies to the Order of Summary Eviction that WCSO Deputy Machem
alleged, under penalty of perjury, that he "personally served" upon me on November 1,
2011. That is a lie by Mr. Machem, unless "personally served" is defined in a rather
impersonal way and or Machem and I have totally different understanding of the
definition of "personally served", which may be the case. Or, perhaps the Sheriff's
Office is busy and doesn't want to wait around to "personally serve" every tenant it
wishes to evict. Fine, then just use the "mail it and allow three days" rule in NRCP
6(e)...the landlord's might not like it, but they can use that frustration as an incentive
not to jump to litigating every disagreement about habitability that a tenant brings to
them. You may not realize how ridiculous some landlord's get. In my case, I offered
to fix basic things that clearly implicated the habitability rules in NRS 118A.290 and
the Californian neurosurgeon, Beverly Hill High School graduate landlord balked and
complained then hired and attorney four days into a dispute.....at which point the rules
against contacting represented parties prevented much in the way of real settlement
discussion, particularly where opposing counsel has continuously demonstrated a
complete indifference to pursuing settlement (why would he at the rates he bills hours
at?). I just don't think the Sheriff's Office needs to sully its image or damage the
citizen tenants of Washoe County in the name of pleasing people like Dr. Matt Merliss
or Richard G. Hill, Esq.
I am hereby complaining to Northwind Apartments of a violation of the criminal law
by one of its agents R. Wray and other process servers with NCS (Oh, and RPD
Officer Weaver also threatened to use "hydraulic explosives" to gain entry to one of
my three rentals at Northwind, though no exigent circumstance existed and though he
lacked a warrant. I have previously complained of Lou Cadia, Milan Krebs, both
Northwind Maintenance Personnel, and Northwind Property Manager or Apartment
Manager Dwayne J akob attempt to break and enter into my rentals (why is it when
Richard G. Hill, Esq. calls the RPD and alleges I am trespassing, I get subject to a
custodial arrest and Hill gets the State Bar of Nevada to try to prosecute me for
"breaking an entering", even though WCSO Machen lied in his Affidavit of Service in
RJ C rev2011-0010708, and the Court had failed to return to me at the time of arrest
the $2,275 it wasn't permitted to require I deposit in a "rent escrow" account in the
first place, and where Hill and his contractor are caught on video admitting to having
remove my ladder from the former law office (in a video of December 23rd,
2011...why doesn't the RPD arrest Hill and Phil Stewart for larceny of my ladder? Do
I have to be Wal-Mart or Richard G. Hill or Northwinds Apartments (ie, rich,
connected) to get the RPD to enforce the law when I complain of a violation?
NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may
be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by
leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant
at the tenants place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot
be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person
there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased
property is situated.
2. Service upon a subtenant may be made in the same manner as provided in subsection 1.
3. Before an order to remove a tenant is issued pursuant to subsection 5 of NRS 40.253, a landlord shall file
with the court a proof of service of any notice required by that section. Before a person may be removed as
prescribed in NRS 40.290 to 40.420, inclusive, a landlord shall file with the court proof of service of any
notice required pursuant to NRS 40.255. Except as otherwise provided in subsection 4, this proof must
consist of:
(a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a
specified date;
(b) A certificate of mailing issued by the United States Postal Service; or
(c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.
4. If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or
less and the tenancy has not continued for more than 45 days, proof of service must include:
(a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the
landlord or the landlords agent; or
(b) The endorsement of a sheriff or constable stating the:
(1) Time and date the request for service was made by the landlord or the landlords agent;
(2) Time, date and manner of the service; and
(3) Fees paid for the service."
[
NRS 118A.430 Failure of tenant to comply with rental agreement or perform basic
obligations: Termination of rental agreement.
1. Except as otherwise provided in this chapter, if the tenant fails to comply with
the rental agreement or fails to perform his or her basic obligations under this chapter,
the landlord may deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate as
provided in this section. If the breach is remediable and the tenant does not adequately
remedy the breach or use his or her best efforts to remedy the breach within 5 days
after receipt of the notice, or if the breach cannot be remedied, the landlord may
terminate the rental agreement.
2. If the tenant is not reasonably able to remedy the breach, the tenant may avoid
termination of the rental agreement by authorizing the landlord to enter and remedy
the breach and by paying any reasonable expenses or damages resulting from the
breach or the remedy thereof.
Northwinds and NCS failed to comply with NRS 118A.430(1) (to the extent it even
applies her) in that in no way did it "deliver a written notice to the tenant specifying
the acts and omissions constituting the breach". Northwinds simply wrote "see
attached", after paragraph 6 of teh 6/14/12 Notice, which reads "6. Remained in
posssession of the premises subject to the provisions of Chapter 118A of the NRS
after having failed ot perfrom the basic or contractual obligations imposed upon you
by that Chapter, namely: (SEE ATTACHED)" and then NCS, at most, include a copy
of the "Rental Agreement" with its filing of this Notice to the RJ C, which in no way
specifies what aspect of that Rental Agreement Coughlin is purportedly in breach of,
or what facts supports such an allegation.
Any Order he is void or subject oa NRCP 60b set aside based upon the fraud of NCS
and Wray in lying where he declares (under penalty of perjury) to have "personally
served" Coughlin the 5 day notie on 6/14/12, and under NRCP 60b4 void for lack of
jurisdiction where NCS failed to specify in the Lanldord's Affidavit all that required
under NRS 40.253. and for so many other reasons, such at 118A does not apply if the
rental is deemed to be not e "dwelling", and that an illegal lockout is not available
even if Coughlin is ruled to have been "using as a residence" the rental, should the
rental be a "storage facility" which City of Reno Code Enforcement does not view it
to be...and Further, by Northwinds very own descriptives, it is a garage, one they held
out to the public for more than mere "parking a car", and as such, under NRS 40.760
and 108.4733, 108.475 and NRS 40.760 are not even available to Northwind. They.
Are. Stuck. Deal With It.
NRS 108.4733 Facility defined. Facility means real property divided into individual storage spaces. The term does not include a
garage or storage area in a private residence.
NRS 108.4746 Storage space defined. Storage space means a space used for storing personal property, which is rented or leased to
an individual occupant who has access to the space.
NRS 108.475 Use of storage space for residence prohibited; eviction; nature of facility; effect of issuance of document of title for
property.
1. A person shall not use a storage space at a facility for a residence. The owner of such a facility shall evict any person who uses a
storage space at the facility as a residence in the manner provided for in NRS 40.760.
NRS 108.4755 Contents of rental agreement.
1. Each rental agreement must be in writing and must contain:
(a) A provision printed in a size equal to at least 10-point type that states, IT IS UNLAWFUL TO USE A STORAGE SPACE IN THIS
FACILITY AS A RESIDENCE.
MISCELLANEOUS PROVISIONS
1. When a person is using a storage space at a facility as a residence, the owner or the owners agent shall serve or have served a notice in
writing which directs the person to cease using the storage space as a residence no later than 24 hours after receiving the notice. The notice
must advise the person that:
(a) NRS 108.475 requires the owner to ask the court to have the person evicted if the person has not ceased using the storage space as a
residence within 24 hours; and
(b) The person may continue to use the storage space to store the persons personal property in accordance with the rental agreement.
2. If the person does not cease using the storage space as a residence within 24 hours after receiving the notice to do so, the owner of the
facility or the owners agent shall apply by affidavit for summary eviction to the justice of the peace of the township wherein the facility is
located. The affidavit must contain:
(a) The date the rental agreement became effective.
(b) A statement that the person is using the storage space as a residence.
(c) The date and time the person was served with written notice to cease using the storage space as a residence.
(d) A statement that the person has not ceased using the facility as a residence within 24 hours after receiving the notice.
3. Upon receipt of such an affidavit the justice of the peace shall issue an order directing the sheriff or constable of the county to remove
the person within 24 hours after receipt of the order. The sheriff or constable shall not remove the persons personal property from the
facility.
4. For the purposes of this section:
(a) Facility means real property divided into individual storage spaces. The term does not include a garage or storage area in a private
residence.
(b) Storage space means a space used for storing personal property, which is rented or leased to an individual occupant who has
access to the space.
(Added to NRS by 1989, 213; A 2011, 1830)
It is required that all process servers are licensed and 21, or over, two-years experience as a process server and
insurance against liability to third persons with limits of no less then $200,000. No bonding is required. However,
applicants must deposit $750 upon submitting their application to pay for a background investigation, the maximum an
applicant can be charged for a background check is $1500. Applicants must also pass a written application and may be
required to pass an oral exam as well. Licenses are issued by the Nevada Private Investigators Licensing Board.
Nevada is the most expensive state in the nation to get licensed. [Nevada Revised Statutes 648.110 and 648.135]
"NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and
1. Except as otherwise provided in subsection 10, in addition to the remedy provided
in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling,
apartment, mobile home, recreational vehicle or commercial premises with periodic
rent reserved by the month or any shorter period is in default in payment of the rent,
the landlord or the landlords agent, unless otherwise agreed in writing, may serve or
have served a notice in writing, requiring in the alternative the payment of the rent or
the surrender of the premises:
(a) At or before noon of the fifth full day following the day of service; or
(b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and
the rent is reserved by a period of 1 week or less and the tenancy has not continued for
more than 45 days, at or before noon of the fourth full day following the day of
service.
As used in this subsection, day of service means the day the landlord or the
landlords agent personally delivers the notice to the tenant. If personal service was
not so delivered, the day of service means the day the notice is delivered, after
posting and mailing pursuant to subsection 2, to the sheriff or constable for service if
the request for service is made before noon. If the request for service by the sheriff or
constable is made after noon, the day of service shall be deemed to be the day next
following the day that the request is made for service by the sheriff or constable.
2. A landlord or the landlords agent who serves a notice to a tenant pursuant to
paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the
manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot
be delivered in person, the landlord or the landlords agent:
(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the
notice by overnight mail; and
(b) After the notice has been posted and mailed, may deliver the notice to the sheriff
or constable for service in the manner set forth in subsection 1 of NRS 40.280. The
sheriff or constable shall not accept the notice for service unless it is accompanied by
written evidence, signed by the tenant when the tenant took possession of the
premises, that the landlord or the landlords agent informed the tenant of the
provisions of this section which set forth the lawful procedures for eviction from a
short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice
within 48 hours after the request for service was made by the landlord or the
landlords agent.
3. A notice served pursuant to subsection 1 or 2 must:
(a) Identify the court that has jurisdiction over the matter; and
(b) Advise the tenant:
(1) Of the tenants right to contest the matter by filing, within the time specified in
subsection 1 for the payment of the rent or surrender of the premises, an affidavit with
the court that has jurisdiction over the matter stating that the tenant has tendered
payment or is not in default in the payment of the rent;
(2) That if the court determines that the tenant is guilty of an unlawful detainer, the
court may issue a summary order for removal of the tenant or an order providing for
the nonadmittance of the tenant, directing the sheriff or constable of the county to
remove the tenant within 24 hours after receipt of the order; and
(3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully
removes the tenant from the premises or excludes the tenant by blocking or attempting
to block the tenants entry upon the premises or willfully interrupts or causes or
permits the interruption of an essential service required by the rental agreement or
chapter 118A of NRS.
4. If the tenant files such an affidavit at or before the time stated in the notice, the
landlord or the landlords agent, after receipt of a file-stamped copy of the affidavit
which was filed, shall not provide for the nonadmittance of the tenant to the premises
by locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for
eviction to the justice court of the township in which the dwelling, apartment, mobile
home or commercial premises are located or to the district court of the county in
which the dwelling, apartment, mobile home or commercial premises are located,
whichever has jurisdiction over the matter. The court may thereupon issue an order
directing the sheriff or constable of the county to remove the tenant within 24 hours
after receipt of the order. The affidavit must state or contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess
of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with
NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except when the tenant has timely filed the affidavit described in subsection 3 and
a file-stamped copy of it has been received by the landlord or the landlords agent, and
except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the
landlords agent may, in a peaceable manner, provide for the nonadmittance of the
tenant to the premises by locking or otherwise.
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of
the information contained in the affidavit, and the filing by the landlord of the
affidavit permitted by subsection 5, the justice court or the district court shall hold a
hearing, after service of notice of the hearing upon the parties, to determine the
truthfulness and sufficiency of any affidavit or notice provided for in this section. If
the court determines that there is no legal defense as to the alleged unlawful detainer
and the tenant is guilty of an unlawful detainer, the court may issue a summary order
for removal of the tenant or an order providing for the nonadmittance of the tenant. If
the court determines that there is a legal defense as to the alleged unlawful detainer,
the court shall refuse to grant either party any relief, and, except as otherwise provided
in this subsection, shall require that any further proceedings be conducted pursuant to
NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the
tenant does not preclude an action by the tenant for any damages or other relief to
which the tenant may be entitled. If the alleged unlawful detainer was based upon
subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude
the landlord thereafter from pursuing an action for unlawful detainer in accordance
with NRS 40.251.
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 118A.460 or 118C.230 for the inventory, moving and storage of personal
property left on the premises. The motion must be filed within 20 days after the
summary order for removal of the tenant or the abandonment of the premises by the
tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a
hearing on the motion. The hearing must be held within 10 days after the filing of the
motion. The court shall affix the date of the hearing to the motion and order a copy
served upon the landlord by the sheriff, constable or other process server. At the
hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or
118C.230 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges
determined to be due or if no charges are determined to be due.
9. A landlord shall not refuse to accept rent from a tenant that is submitted after the
landlord or the landlords agent has served or had served a notice pursuant to
subsection 1 if the refusal is based on the fact that the tenant has not paid collection
fees, attorneys fees or other costs other than rent, a reasonable charge for late
payments of rent or dishonored checks, or a security. As used in this subsection,
security has the meaning ascribed to it in NRS 118A.240.
10. This section does not apply to the tenant of a mobile home lot in a mobile home
park or to the tenant of a recreational vehicle lot in an area of a mobile home park in
this State other than an area designated as a recreational vehicle lot pursuant to the
provisions of subsection 6 of NRS 40.215.
(Added to NRS by 1967, 195; A 1969, 263, 575; 1973, 1085; 1975, 1202; 1977, 418,
1346; 1979, 1398, 1879; 1985, 229; 1987, 1239; 1989, 1082, 1232; 1991, 113; 1995,
1851; 1997, 3511; 1999, 981; 2009, 1966; 2011, 235, 1489)
exclusion of tenant from certain types of property. Except as otherwise provided by
specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290
to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the
provisions of chapter 118A of NRS, part of a low-rent housing program operated by a
public housing authority, a mobile home or a recreational vehicle is guilty of an
unlawful detainer, the landlord is entitled to the summary procedures provided in NRS
40.253 except that:
1. Written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280;
(b) Advise the tenant of the court that has jurisdiction over the matter; and
(c) Advise the tenant of the tenants right to contest the notice by filing within 5 days
an affidavit with the court that has jurisdiction over the matter that the tenant is not
guilty of an unlawful detainer.
2. The affidavit of the landlord or the landlords agent submitted to the justice court or
the district court must contain:
(a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy
of the rental agreement.
(b) The date when the tenancy or rental agreement allegedly terminated.
(c) The date when the tenant became subject to the provisions of NRS 40.251 to
40.2516, inclusive, together with any supporting facts.
(d) The date when the written notice was given, a copy of the notice and a statement
that notice was served in accordance with NRS 40.280.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result of the tenants violation
of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336,
the landlord is entitled to be awarded any reasonable attorneys fees incurred by the
landlord or the landlords agent as a result of a hearing, if any, held pursuant to
subsection 6 of NRS 40.253 wherein the tenant contested the eviction.
(Added to NRS by 1985, 227; A 1989, 1084, 1234; 1991, 115; 1995, 1853; 2001,
1065; 2003, 561)"
I WOULD LIKE TO KNOW WHY THE FILE IN RJ C REV2012-001048 HAS MY 6
PAGE FAX OF J UNE 30TH, 2012 (AND PLEASE NOTE THE LIMITED OR
SPECIAL APPEARANCE NATURE OF THAT FILING IN THE NOTE AT THE
BOTTOM OF THE FIRST PAGE....YET IT IS NOT FILE STAMPED, AND I WAS
NEVER CALLED, OR FAXED, OR NOTIFIED IN ANY WAY CONCERNING
THE SCHEDULING OF MY CONSTITUTIONALLY GUARANTEED HEARING
BEFORE A SUMMARY EVICTION OR STATUS OF MY IFP REQUEST.
MY POSITION IS THAT I AM ENTITLED TO A SUMMARY EVICTION
HEARING ON UNIT 29 AND THAT IT IS LONG OVERDUE. PLEASE LET ME
KNOW WHEN THAT HEARING CAN TAKE PLACE. I DO NOT BELIEVE ANY
J UDGE CURRENTLY HAS J URISDICTION ON IT, AND THAT THE NEW
CASE, WITH A NEW CASE NUMBER SHOULD BE "RANDOMLY ASSIGNED"
Further in the Reno justice court file for rjc rev2012-001048 is a tenant affidavit and declaration from
Coughlin faxed to the court on J une 30, 2012 contain six pages it is unclear why Coughlin was not
granted a summary eviction hearing as required by law and Coughlin is hereby demanding one and a
jury trial which he is entitled to one pursuant the 19 Seventies the Court decision and FRCP rule 30
a.m. that Coughlin is requesting one prior to the time set for hearing that's right folks were going to a
jury trial when Nevada court services served an amended eviction notice on J une 28 Coughlin there
and had five days to file for an eviction summary eviction hearing and he did so on J une 30 just for
the Reno PD managed commit another wrongful arrest of Coughlin further there was County jail failed
to transfer Coughlin for the J uly 5 hearing on Coughlin's motion to set aside the original J une 27 order
however the J une 27 order in this case was extinguished by that posting of an amended lockout
notice therefore and eight it's not file stamp but it should be by the Reno justice court the six page
fax by Coughlin on J une 30, 2012, though Karen Stancil appears to have handwritten in the case
number RJ C rev2012-001048
PLEASE NOTE I AM USING AUDIO DICTATION TRANSCRIPTION SOFTWARE FOR THIS
CORRESPONDENCE AND IT MIGHT HAVE SOME ERRORS, WHICH COULD GREATLY ALTER THE
MEANING, AS I DON'T HAVE TIME TO CORRECT THEM RIGHT NOW.
additionaly THERE WAS SEVERAL FAXES TO THE RJ C CIVIL DIVISION BY COUGHLIN ON OR ABOUT
J UNE 13TH, 2012, AND COUGHLIN REQUESTS A COPY OF THOSE OR SOME INDICATION OF WHY
THEY WERE NOT FILED AND COUGHLIN WILL CHECK HIS OWN RECORDS IN THAT REGARD WHEN
HE HAS TIME...HOWEVER, TO THE EXTENT ONE OF THOSE FILINGS WAS A TENANT'S AFFIDAVIT
DIRECTED TOWARDS UNIT 29, LOTS OF PROCEDURAL IMPLICATIONS WILL STEM.
NORTHWIND APARTMENT
ASSOC LLC
1031 XPRESS
NORTHWIND LLC
110 110TH AVE NE STE
550
BELLEVUE, WA 98004
Description Summary
Fictitious Firm Name - Counter
74040
04/01/1997 12:00:00 AM Expiration Date: 04/01/2002
Business Name: NORTHWIND APARTMENTS Owners: NORTHWIND APARTMENT ASSOCIATES, LLC
s Firm Name - Counter - 109351
Filing Information
Filing Number
109351
Filing Date
03/16/2006 12:00:00 AM
Expiration Date
03/16/2011
Business Information
Business Name
RENO RED BOOK
Owner Information
Owner/Corporate Name
J EFFREY G CHANDLER u
104085
Business Name: BOTTS CANDY COMPANY Owners: J ENNIFER V CHANDLER, CINDY R VANDERZIEL
Him and him and him and him motion a set of society eviction order of the number of bases one it
went unopposed and
hundred Polk case Coughlin wins in that regard to the notice of hearing by the Reno justice court is
dated J uly 31,
2012 are not as of the hearing on J uly 21, 2012 stated J uly 24, 2012 and him notices on what the
hearing is limited
to quote you may appear on the data show cause why the court should or should not grant motion to
stay the eviction
order in the motion for expedited relief following legal lot coverage utility shut off. If you the. Must be
prepared
to provide testimonial documentary evidence the court which torture position if he failed to appear
karmic
renovation would form a dismiss case. With what the notice does not say is that the hearing will
address the motion
to set aside eviction order Coughlin filed on J uly 24, 2012 and that which and for which now he
request the court to
rule in his favor or at least provide hearing or at the very and for or at the very least require
Northwind and/or
their qualified attorneys or whoever to file an opposition something under of explaining why their are
three
separate notices for her three separate process affidavits of service for the J une 14, 2012 personal
service of a
five-day unlawful detainer affidavit by Robert Ray of Nevada court services that's right there's three
separate ones
and Coughlin's possession now and they bear different things as well isn't that interesting half add to
that the
fact that Nevada court services agreed with Coughlin's assessment that its original on J une 14 notice
of unlawful
detainer failure to vacate premises was ineffective and that it listed the wrong forum is or court for
the tenant to
file a tenant at search engines affidavit as required by law under 40.253 that's not something the
judge piercing
can excised from the law or legislate from the bench out of existence that is a law. The Reno justice
court does not
have jurisdiction with the notice last Sparks justice court the fugitive document for the landlord to file
it
landlord's affidavit and then to manage to get Coughlin arrested based upon a void order that should
never issued
judge Shrader particularly where supervisor of the syllable division Karen Stancil was alerted and well
in advance
by Coughlin through phone calls and mid-J une in that J une 26 of written correspondence to the court
that included in
the file on the left side of the correspondence and where the Sparks justice court itself fax the Reno
justice court
that a fax alerting it to the problematic aspects of the J une 14 notice Coughlin was arrested he went
to jail he
paid bail he did time incurred massive damages it's appalling for judge piercing to ignore all this while
also
sanctioning the unauthorized practice of law by J eff Chandler Nevada court services who dress up like
they are
Sheriff's and managed to the word court into their name and bang on people store and leave off the
Nevada part so
much so that it and it seems as though they are actually acting with color of law in the screening you
to come out
of your house and bang on the door parted sounds like they are cost of the Sheriff and have to do
exactly what you
said. Those few who don't Nevada court services has something up their sleeve in the form of
attempting to break and
enter and one's residence or sex service of process by as Nevada court services has done to Coughlin
on numerous
occasions sometimes captured on videotape further Nevada court services is trespassed on numerous
occasions like
office property Coughlin however is the only one who's arrested and convicted trespassing and had
reported rehashes
patent trademark office and had impact his ability to practice his chosen profession for which he has
to does have a
law license and actually did that a lot four. Further there's initial conflict in the judge piercing work to
the
district attorneys office first 12 years of his career and the Washoe County Sheriff and potentially
Washoe County
District Attorney's Office may have it engages the misconduct in connection with the approximately 10
different
incarcerations Coughlin space this year most all connected one where another To the Way, Reno
justice court handles
landlord-tenant matters or fails to apply the law as written and created by the assembly the Senate
i.e. the
legislature Nevada and Carson City to be clear Nevada court services recognize the validity of
Coughlin's argument
that when he announced to them on J une 28 at approximately 10 AM to 10:45 AM is where Coughlin
pointed out that the
the J une 14 notice listed Sparks justice court that Nevada court services responded by serving in the
amended
declaration of service by license process server on J une 28 thereby vitiate in any order lockout order
rescinding
and waving it etc. etc. J une 28, 2012 fax from the Sparks justice court to the Reno justice court
contains a fax
Coughlin sent the Sparks justice court on J une 26 that at 12 PM noon of that date that faction
Coughlin was 10 pages
the facts from the Sparks justice court the Reno justice court was apparently 13 pages no number of
those pages are
not included in the file of this matter and the Reno justice court back to the three different notices of
unlawful
detainer either stamped by w which doesn't count by the way one needs to sign something attorneys
don't get a stamp
things and file them and then later on claim they didn't commit commit misconduct or her perjury or
rule 11
violation merely because it is sign something Nevada court services continues to just put stamps
instead of actual
signatures and that's an appropriate and under the Aiken case is in Nevada and summary of
proceedings the technical
aspects of notice and due process requirements must be strictly adhered to not run out with the
bathwater by judge
Pearson because he either doesn't like off-line or thinks Coughlin doesn't deserve due process of the
law article
protection because Coughlin's an attorney you know Coughlin's not a license attorney currently needs
not able to
make attorney money or do attorney things or even commit the unauthorized practice of law with
impunity like Nevada
court services because know Coughlin you know of Coughlin was to do so the State Bar would find it
to be a contempt.
Further judge Pearson's order for summary eviction of J uly 31 is void in several respects one it
purports rule one
units 2971 when unit 71 is not properly before the court unit 71 has its own case numbers of
rev2012-0067 and
rev2012-001082 (the multiplicty is due to, as here, THE RJ C shortcutting due process aspects of the
process,
whererin "Orders" by J udges paid quite a bit of money are nothing more than handwritten notes on
Coughlin's own
filings...Some of those such "note ORders" by J udge Schroeder resulte in confusing vis a vis whether
Coguhlin's
IFP's were granted, and necessitated the filing of companion cases for units 45 and 71 in rev2012-
0067 and rev201-
0068 in rev2012-001082 and rev2012-00183. To simply make Coughlin scapegoated all medicine
blame him for taking of
regardless the J uly 31 order by judge Pearson in rev 2012 00 1048 purports rule on matters not
noticed in the J uly
24 notice specifically in that order which reads the court finds eviction was appropriate motion to stay
eviction
order denied motion to set aside eviction order denies motion to contest personal property lien denied
motion on
illegal lockout denied tenant have always property removed is 2971 by 5 PM on August 5, 2012 only
about half of that
order was properly before the court notice litigants that I'm what was notice to the litigants in the J uly
24 notice
was that the hearing would be limited to the motion to stay eviction order in a motion for expedited
relief
following illegal lockout utility shutoff however the order went on to rule on matters non-there and
noticed
including the motion to set aside the eviction order the motion to contest personal property lien and
that matters
related to the property of a unit not even involved in a case number unit 71 further there required
Coughlin a hub
Allis property removed even earlier than the law requires given that after the 30 day plan under NRS
118 A.460 the
landlord may not dispose of the property until 14 days of pass from mailing to the tenant last known
address a
certified letter. So there and again judge Pearson is violating the law in failing to apply evenly to
Coughlin in
fact he's attempting to exCise protections accorded and Coughlin under Nevada's landlord tenant law
which is the
most pro-landlord law set of laws in the country but that's not good enough for judge piercing he
wants to cut even
more protections out of it when it comes to Coughlin and the reasoning behind that is not clear
though Coughlin has
had some issues with Washoe County District Attorney's Office this year in judge Pearson did spend
the first 12
years of his career there.
Attached in exhibit a are the three different J une 14 declarations of service by license process server
Robert (or Ryan?) Wray ..That's right, Coughlin has in his possession three different NOtice of UD
dated 6/14/12 and either "stamped" with "R. Way" or actually containing a handwritten signature by
R. Wray (though the one actually signed lacks a time indication, and they all lack a "manner of
service" or any other particular beyond falsely attesting to have been "personally served". WRay and
NORthwinds manager attempted to break and enter into unit 29 in hopes of effecting "personal
service" upon Coughlin in a unit that had not windows and that had the door closed and locked and
or barred. That is a criminal act and Coughlin is now again hereby complaining about it to the
landlrod, so have fun reading NRS 118A.510's and NRS 118A.390 and I'll see you in Court, and WRay,
you should probably self report to the process server licensing body and hope for the best. Check out
the video fo the 6/28/12 arrest wherein the WCSO's Gomez and Machen tell Chandler to "let us do the
talking, J eff", then Chandler, dressed up in an outfit and with a company name intended to connote
color of law type authority, purports to trespass Coughlin from the whole place, ie, the entire premises
at 1680 Sky Mountain Dr., depsit Coughlin still having, at the time, one, and perhaps two valid leases,
to units 45 and 71. Further, the Washoe County Detention Center or jail took a tenan'ts affidavit from
Coughlin on or aoround J uly 15th, 2012 for units 45 and another for unit 71 and due to Coughlin's
indigency, the jail library indicate it would be filed with the rjc....WAs it? LITIGATION HOLD NOTIE
TO THE J AIL AND THE RJ C.
From: zachcoughlin@hotmail.com
To: chansen@washoecounty.us
Subject: Reno eviction noticed for Sparks Justice Court
Date: Tue, 26 Jun 2012 09:10:14 -0700
Dear Civil Supervisor Hansen
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
ZachCoughlin@hotmail.com
Dear Sparks Justice Court,
I called and received permission to file this by fax...I am indigent and request a fee waiver, and failing
that, an opportunity to cure any filing fee deficiency.
To: sheriffweb@washoecounty.us; lstuchell@washoecounty.us; kstancil@washoecounty.us;
chansen@washoecounty.us; milllerr@reno.gov
Date: Tue, 26 Jun 2012 07:58:36 -0700
Dear Sparks Justice Court, WCSO, RPD, and Reno Justice Court.
I have received (though not personally served) what appears to be an eviction notice (5 day unlawful
detainer?) for rentals located at 1680 Sky Mountain Drive, Reno, 89523, but the notice indicates that I
must file a Tenant's Answer with the Sparks Justice Court.
Am I mistaken in viewing this matter to be outside the jurisdiction of the Sparks Justice Court, and
rather, a matter to be handled in Reno Justice Court?
Given Sparks Justice Court is open 5 days a week (closes at noon on Fridays) and Reno Justice Court
has 4 judicial days a week, the deadline for filing a special appearance (to contest jurisdiction) and or a
Tenant's Answer of Affidavit is difficult to measure.
I spoke with a Reno Police Department who identified himself as Sargent Miller last week and he
indicated the WCSO planned to come effectuate an eviction on this date, June 26, 2012. I believe that
would be premature, as Nevada Landlord Tenant law provides for filing a Tenant's Answer or Affidavit
by noon after the fifth full day (judicial days) and Fridays in Sparks Justice Court are not full days in that
sense, and regardless, Sparks Justice Court, I believe, is not the appropriate forum where, as here, the
situs is located in Reno (Ward 1-nap?)
Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Civil Division
630 Greenbrae Drive
Sparks, Nevada 89431
(775)353.7603 Phone
(775)352.3004 Fax
Civil Department Supervisor
Chris Hansen
chansen@washoecounty.us
The Civil Division of Sparks Justice Court is made up of three major functions:
Civil
Civil Complaints for damages in excess of $5000 or if a suit involves a breach of contract, punitive
damages, an action to obtain possession of property, a writ of restitution, or other like actions, legal
counsel is suggested for these types of actions.
Evictions
An act or process of legally dispossessing a person of land or rental property.
Small Claims
An action filed in order to obtain a monetary judgment. Claims must not exceed $5000. A small claims
action may be filed with the Sparks Justice Court if one of the following applies to the defendant:
1. They reside within the boundaries of the Sparks Township;
2. They are employed within the boundaries of the Sparks Township; and/or,
3. They do business within the boundaries of the Sparks Township.
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
LITIGATION HOLD NOTICE FW: Reno eviction noticed for Sparks Justice Court
From: Zach Coughlin(zachcoughlin@hotmail.com)
Sent: Fri 9/21/12 2:36 PM
To: stuttle@washoecounty.us; millero@reno.gov; jmachen@washoecounty.us; brownk@reno.gov; renodirect@reno.gov;
lstuchell@washoecounty.us; kadlicj@reno.gov; christensend@reno.gov; mkandaras@da.washoecounty.us; apminfo@acg.com;
apminfo@yahoo.com; superior.storage@yahoo.com; 037nor4@acg.com; info@acg-apmi.com; chansen@washoecounty.us;
kstancil@washoecounty.us
9/21/12
Reply

Zach Coughlin
To stuttle@washoecounty.us, millero@reno.gov, jmachen@washoecounty.us, brownk@reno.gov, renodire
Download all as zip
Dear Sirs and Madams,

Please accept this as a LITIGATION HOLD NOTICE REQUIRING THE PRODUCTION AND MAINTENANCE OF ALL MATERIALS,
RECORDINGS, DOCUMENTATION, OR OTHER MATERIALS IN ANY WAY RELATED TO ZACHARY BARKER COUGHLIN AND HIS
TRIALS AND TRIBULATIONS WITH LOCAL LAW ENFORCEMENT, EMERGENCY SERVICES, ET AL WITHIN THE PAST COUPLE
YEARS WITHIN BOTH CIVIL AND CRIMINAL CASES, MATTERS, AND INCIDENTS AND WITHIN ANY OTHER SETTINGS.

Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402

To: kbrown@nvbar.org; milllerr@reno.gov; millerr@reno.gov; stuttle@washoecounty.gov; rsilva@washoecounty.us;
stuttle@washoecounty.us; jamchen@washoecounty.us; 037nor4@acg.com; info@acg-apmi.com; rjcweb@wasoecounty.us;
jboles@callatg.com; apminfo@acg.com
Subject: FW: Reno eviction noticed for Sparks Justice Court
Date: Mon, 2 Jul 2012 17:21:54 -0700
NOrthwind and Nevada Court Services served and "amended 5 day notice of unlawful detainer on
J uly 29th, 2012"...giving me five days to get my stuff out of unit 29 (the one the subject of J udge
Schroeer's Eviction Order, which was effectively rescinded by their serving a new 5 day unlawful
detainer notice....) as well as units 71 and 45...whicih are two units to which i still have valide lease
agreements, ie, I cannot be trespassing for accessing them (the Reno PD has indicated they will
arrest me for criminal trespass for accessing any units in the complex, including those to which I
still have a valid possessory or property interest, in violation of 42 usc 1983).

why does Sargent Miller have to give me a hard time? Isn't it enough for him to have his "Denzel"
Hotmail Active View
2 attachments (total 1164.6 KB)
coughlin ...pdf
Download (78.3 KB)
combined ...pdf
Download (1086.2 KB)
good looks and a much higher paying job than I will ever have? What up wit that?

Northwind and Nevada Court Services (which is practicing eviction law without a license) screwed
up and put "Sparks J ustice Court on Greenbrae" as the place for the tenant to file a Tenan'ts Answer
or Affidavit. Doing so will make the RJ C Order by J udge Schroeder null and void (Karen Stancil,
Chief Civil Clerk at RJ C admits this, but really, the fault lies with NCS and Northwind, not the
committed professional at the RJ C).
The Notice must identify the Court with jurisdiction. NRS 40.253(3)(a). ONe cannot be trespassing in a placwe
where they have a valid reason for being or a lawful right to be. NRS 207.200, RMC 8.10.040.

In
Aikins v. Andrews, 91 Nev. 746, 542 P.2d 734 (1975), the Supreme COUli construed the
predecessor statute to NRS 40.2516 to mean that the alternative five (5) day notice must be given
6
before the tenants can be dispossed and a lease can be validly terminated. The court stated that this
five (5) day notice requirement " ... neither can be waved nor neglected." 91 Nev. at 748.
ttp://www.constitution.org/ussc/506-056a.htm

U.S. Supreme Court
SOLDAL v. COOK COUNTY, 506 U.S. 56 (1992)
506 U.S. 56 SOLDAL, ET UX. v. COOK COUNTY, ILLINOIS ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
SEVENTH CIRCUIT
No. 91-6516
Argued October 5, 1992
Decided December 8, 1992
Close Print
i
Sent: Wed 10/10/12 5:38 AM
Division at Sparks Justice Court Hansen,
rental at Northwind Apartments 1680 Sky Mountin Drive unit 29 on June 28th, 2012.
before I was to fax to the RJC, by noon, a Tenant's Answer or MOtion to Dismiss for
arguably needn't have even filed anything in the RJC where the 6/14/12 notice listed
Sparks Justice Court.
Dwane Jakob's attempts to break and enter and trespass into Unit 29 constituted
did not "personally serve" Coughlin, then Coughlin would have had until June 28th,
Justice Court OR EVEN in REno Justice Court. Coughlin was arrested at 10:30 am
on 6/28/12, thereby, under color of law, the WCSO, NCS and NOrthwind and Jakob
espeically in the 6/13/12 faxes that are mysteriously unaccounted for in rJC files) a
version (and all three of these are in the RJC file in rev2012-001048) instead of
Jennifer Chandler, on the one 6/14/12 5 day NOtice (and all version sof this notice
"Jennifer Chandler" rubber stamp is instead taken up by a signature by Nevada Court
Service...."
In the second version of the "notice of Unlawful detainer..." served on June 14th,
was faxed by the Sparks Justice Court to the Reno Justice Court on June 28th, 2012 at
11:05 am, (in a 13 page fax, many pages of which are not in the RJC file, though that
fax does included the header from the fax from Coughlin to the "Sparks Justice Court
of Coguhlin's fax to the Sparks Justice Couer (according to the fax hearders) while
also being page 12 of teh June 28th, 2012 fax from the Sparks Justice court to the
Reno Justice Court. right about the moment Coughlin was being placed in WCSO
IN the Third version of the "Declaration of Service" on the same June 14th, 2012
note of "reg# r043" (obviously, aside from the handwriting "analysis" the handwrittn
12:54 pm.
rental.
NRS 40.400 makes NRCP the applicable rules here, not JCRCP, nor JCRRT:
Rule
Drafters Note
Commentary
(b) Same: How Made.
Nevada.
the court.
and Jeff Chandler's committing the authorized practice of law (what happens to people
others, will be liable.). In the "Affidavit of Landlord for Breach" filed on June 27th,
handwritten "S" in the signature line...but, lets say it was filed by Jeff Chandler, whom
crossed the bar and argued before Judge Pearson on July 31st, 2011 in REv2012-
RPD Alan Weaver and SArgent Oliver Miller, and WCSO Deputy John Machen and
was to have taken place on or before June 13, 2012. That legal notice has been served
on 6/14/12."
law...and in that June 27th, 2012 Affidavit of Landlord Chandler sneakily lists "N/a" in
mysteriously disappeared upon current Manager Dwayne Jakob showing up) or
time, and it read:
Date: 2012-04-02, 10:02AM PDT
Reply to: see below
indicates that it does not apply to "garages". And Judges don't legislate from the
requiring a Complaint with the Judicial Discipline Commission.
HOME
remove.
STATE

The arrest of Coughlin at Northwinds Apartments on June 28th, 2012 by the same
Yet DDA charged Coughlin in the Criminal Complaint in RJC RCR2012-067980 with a different
crime, NRS 199.280:
OTHER OFFENSES
193.130.
for a misdemeanor."
attorney.
Sparks and Reno Justice Courts and the Civil Division of the Washoe County Sheriff's Office.
commits oppression.
misdemeanor.
gross misdemeanor.
Northwind's behalf:
[1911 C&P 67; RL 6332; NCL 10016]
NEvada Court Services regularly attempts to mislead tenant's into thinking the act with color of law. From Joel
support what those at the RJC and in the clueless community at large (which often

and,
Justice Court presently shocks the conscience and violates Nevada law. There is not
this 24 hours and the applicability of the JCRCP to cases like these, NRS 40.400
Manager Dwayne Jakob attempt to break and enter into my rentals (why is it when
RJC rev2011-0010708, and the Court had failed to return to me at the time of arrest
be served:
consist of:
specified date;
[
of the "Rental Agreement" with its filing of this Notice to the RJC, which in no way
property.
facility.
residence.
(Added to NRS by 1989, 213; A 2011, 1830)
service.
landlords agent.
NRS 40.280.
with NRS 40.251.
whichever is later.
(Added to NRS by 1967, 195; A 1969, 263, 575; 1973, 1085; 1975, 1202; 1977, 418,
1346; 1979, 1398, 1879; 1985, 229; 1987, 1239; 1989, 1082, 1232; 1991, 113; 1995,
1851; 1997, 3511; 1999, 981; 2009, 1966; 2011, 235, 1489)
40.253 except that:
(Added to NRS by 1985, 227; A 1989, 1084, 1234; 1991, 115; 1995, 1853; 2001,
1065; 2003, 561)"
I WOULD LIKE TO KNOW WHY THE FILE IN RJC REV2012-001048 HAS MY 6
PAGE FAX OF JUNE 30TH, 2012 (AND PLEASE NOTE THE LIMITED OR
JUDGE CURRENTLY HAS JURISDICTION ON IT, AND THAT THE NEW
NORTHWIND APARTMENT
ASSOC LLC
1031 XPRESS
NORTHWIND LLC
550
BELLEVUE, WA 98004
Description Summary
74040
Filing Information
Filing Number
109351
Filing Date
03/16/2006 12:00:00 AM
Expiration Date
03/16/2011
Business Name
RENO RED BOOK
Owner Information
104085
went unopposed and
dated J uly 31,
hearing is limited
stay the eviction
prepared
karmic
address the motion
Northwind and/or
three
service of a
separate ones
that the
of unlawful
the tenant to
judge piercing
court does not
it
never issued
in advance
that included in
justice court
to jail he
also
they are
Nevada part so
to come out
exactly what you
on numerous
occasions like
reported rehashes
to does have a
the
Washoe County
different
i.e. the
Coughlin's argument
amended
rescinding
contains a fax
those pages are
unlawful
don't get a stamp
rule 11
instead of actual
bathwater by judge
law article
not able to
to be a contempt.
purports rule one
rev2012-0067 and
process,
Coughlin's own
Coguhlin's
0067 and rev201-
eviction
motion on
about half of that
24 notice
relief
noticed
that matters
Coughlin a hub
118 A.460 the
address a
Coughlin in
which is the
wants to cut even
though Coughlin has
the first 12
Date: Tue, 26 Jun 2012 09:10:14 -0700
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
Date: Tue, 26 Jun 2012 07:58:36 -0700
Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Civil Division
630 Greenbrae Drive
(775)353.7603 Phone
(775)352.3004 Fax
Chris Hansen
Civil
Evictions
Small Claims
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
Sent: Fri 9/21/12 2:36 PM
9/21/12
Reply

Zach Coughlin
Download all as zip


Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402

Date: Mon, 2 Jul 2012 17:21:54 -0700
July 29th, 2012"...giving me five days to get my stuff out of unit 29 (the one the subject of Judge

Hotmail Active View
coughlin ...pdf
Download (78.3 KB)
combined ...pdf

up and put "Sparks Justice Court on Greenbrae" as the place for the tenant to file a Tenan'ts Answer
or Affidavit. Doing so will make the RJC Order by Judge Schroeder null and void (Karen Stancil,
Chief Civil Clerk at RJC admits this, but really, the fault lies with NCS and Northwind, not the
committed professional at the RJC).

In
6

U.S. Supreme Court
SEVENTH CIRCUIT
No. 91-6516
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Document Code:
Zach Coughlin,Esq.
NV Bar No: 9473 currentl! sus"ended#
$% B%& 39'(
)eno, NV *9+,+
-el and .a/: 949 ''7 74,0
ZachCoughlin1hotmail.com
$lainti2234u56-enant
7N -8E 9:4-7CE C%:)- %. )EN% -%;N487$
7N <ND .%) -8E C%:N-= %. ;<48%E, 4-<-E %. NEV<D<
<C>6<$?7, 7NC. DB< N%)-8;7ND4
<$<)-?EN-4@ D;<=NE 9<A%B,
7ndiBiduall! and in his ca"acit! as "ro"ert!
manager 2or N%)-8;7ND4 <$<)-?EN-4@
NEV<D< C%:)-4 4E)V7CE4, CCC NC4#@
9E.. C8<NDCE), 7ndiBiduall! and in his
ca"acit! as oDner and CE% o2 NC4@). ;)<=,
7ndiBiduall! and in his ca"acit! as licensed
"rocess serBer 2or NC4@N%)-8;7ND
<$<)-?EN- <44%C CCC (,3( &$)E44
N%)-8;7ND CCC ((, ((,-8 <VE NE
4-E ++, BECCEV:E, ;< 9*,,4 Descri"tion
4ummar! .ictitious .irm Name 6
Counter 74,4, ,43,(3(997 (0:,,:,, <?
E/"iration Date: ,43,(30,,0 Business Name:
N%)-8;7ND <$<)-?EN-4 %Dners:
N%)-8;7ND <$<)-?EN- <44%C7<-E4,
CCC
Candlord,
Bs.
Z<C8<)= B<)AE) C%:>8C7N@
-enant
#
#
#
#
#
#
#
#
#
#
C<4E N%: )9C )eB0,(06,,(,4*
DE$-. N%: 4
REQUEST FOR SUBMISSION OF COUGHLIN'S MOTION TO SET ASIDE ORDER OF
SUMMARY EVICTION OF JUNE 27TH, 2012; or, !"#$ %& '(" #!'"r&#'%)", S*!"+"&' 'o
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Co*,(!%&'- Mo'%o& 'o S"' A-%$" S*++#r. E)%/'%o& Or$"r #&$ OR$"r 0o!!1%&, H"#r%&, o& J*!.
21-', 2011
C%?E4 N%;, Z<C8 C%:>8C7N, E4E., and 2iles the a5oBe titled document and request
that the ?otion to 4et <side the 9une 0*th, 0,(0 CocGout %rder 5! su5mitted to the 9udge 2or a
decision. he and him and him and him and 9e22 Chandler NeBada court serBices are maGing o2 the
court Dait a second thatFs loBel! to this the! "ut the Dord court in the name and their 5usiness then
the! 5ang on "eo"leFs doors and leaBe out the NeBada 5ed and Hust sa! court serBices in and alloDed
angr! tone Dhile dressed u" looGing liGe 4heri22s,,, !ou reall! haBe to hand it to this gu! 9e22
Chandler he is a master o2 mani"ulation and intimidation u"on ha"less tenants he has his creD and
himsel2 dress u" looGing liGe the!Fre the got damn 4heri22 then the!Fd "ut the Dord court in there a2ter
name Dho Dould "ossi5l! not do eBer!thing the! sa! and eBen i2 !ou do 2ailed to do it the! sa! the!
Dill tr! and 5reaG into !our rental and all Dere rental as the! haBe on Coughlin on numerous
occasions Dill Coughlin got arrested 2or tres"assing Barious made u" charges that the laD local laD
en2orcement haBe 5rought Coughlin Dhether to a2raid to charge in the tres"ass NeBada court serBices
his esca"e "rosecution des"ite that date and can this ca"tured on ta"e Dhen 5ehind o2 a closed
5acG!ard gate CoughlinFs laD o22ice and 5anged on ;indoDs 2or 3, and 4, min. at a time three times
a da! Dhile the! haBe another gu! ringing the door5ell oBer and oBer and oBer and issued taunts to
an!one inside CoughlinFs 2ormer laD o22ice. <hen ). ;ra!9ul! 3(st, 0,(0 8earing Das not noticed
2or the "ur"oses o2 dis"osing o2 an! such ?otion, and 2urther, the %rder 2olloDing that hearing
"ur"orted to rule on matters not connected to :nit 09 mentioning unit 4+ in the %rder#, Dhich,
Dould necessaril! maGe the %rder, under N)4 4,.4,, and N)C$ ',5#4#, Boid 2or lacG Hurisdiction.
Being that a tolling ?otion has not 5een dis"osed o2 in this matter, there ma! still 5e an a""eal, as
the deadline to 2ile one has not run. Cegislatures maGe the laD. N)C$ (( "roBides cor"orations,
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such as the ones that oDn and run NorthDinds <"artments doing 5usiness in (, states, not some
?om Fn $o" o"eration# cannot a""ear "ro se...and nothing in N)4 ((*<, N)4 ((*, or N)4 4,
changes that. -here might 5e something alloDing a IlandlordFs agentI to "ost a notice ma!5e,
ma!5e not#, 5ut there is nothing alloDing one to "ractice laD. But...i2 CoughlinFs laD license is
sus"ended...does that mean he can o"en u" sho" and start re"resenting clients in landlord tenants
matter 5e2ore the )9C 2or a 2eeJ 9ust liGe NorthDindsJ NorthDindFs ;e5 site contains the 2olloDing
te/t: I NeBada Court 4erBices...<n EBiction, $rocess 4erBice K Consulting Com"an!,,,Northern
NeBada EBiction 4erBice Northern NeBadaFs onl! $ro2essionall! Cicensed, .ull! 7nsured and
:ni2ormed EBiction <genc!...)eno 3 4"arGs EBiction 4erBices $ro2essionall! Cicensed and .ull!
7nsured $riBate <genc! ;e "roBide !our "ro"ert! Dith ;orGers Com". 7nsurance and 4tate o2
NeBada Cicensing N%N6 $<=?EN- %. )EN- N%-7CE4 $re"are K 4erBice $acGage ;e Dill
$re"are 4erBe 3 $ost !our notice. ;e Dill 2a/ !our notice to !our o22ice and hold the original or mail
the original Dith the a22idaBit to !ou u"on request. N%-E: =ou must calendar !our CocG %ut date
and call our o22ice should !ou need the CocG %ut. L4,.,, "er notice M mileage i2 a""lica5le .ull
4erBice $acGage ;e Dill "re"are !our notices. 7ncluding all -!"es o2 Notices to meet !our needs#
;e Dill 4erBe 3 $ost !our notice. $re"are the return o2 serBice 2or the court should !our Notice go to
CocG %ut. -racG 5! com"uter the num5er o2 da!s "rior to the 2irst aBaila5le CocG %ut date. ;e Dill
"re"are !our CocG %ut <22idaBit, "icG u" !our checGs i2 necessar! and 2ile Dith the court . ;e Dill
maGe the arrangements Dith the 4heri22Fs %22ice and a""ear on !our 5ehal2 at the CocG %ut.I. -here
is nothing Drong Dith Coughlin. <nd mincing e/"lanations that these %rders are not I"ersonall!...7
am sorr! !ou are in this situation, its nothing "ersonal....I do not change the 2act that 9udges a""l!
the laD, Dhile legislatures enact the laD, and that the laD must 5e so a""lied 2aith2ull! and Dithout
"reHudice or con2lict, eBen Dhere Coughlin is currentl! at odds Dith some in the ;ashoe Count!
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District <ttorne!Fs %22ice and some indiBidualFs s"ent most o2 their career so 2ar there. .urther, it
Das im"ermissi5le to 5ase CoughlinFs 5ail in the arrest incident to this matter )C)0,(06,'79*, on
pending criminal charges under some totalit! o2 the circumstances theor!. Bench BooG Courts o2
Cimited 9urisdiction 0,,* and 0,(, 4u""lement. Bail ma! 5e 2or one thing and one thing onl!, to
ensure the de2endantFs a""earance at trial.
incident to the N%tice serBed on m! rental at NorthDind <"artments ('*,
4G! ?ountin DriBe unit 09 on 9une 0*th, 0,(0. 7 5elieBe the tenantFs
a22idaBit 7 2iled in res"onse to that + da! notice should 5e giBen a 5rand neD
case num5er, though the designation 5! ncs that it Das an I<mended
N%ticeI "ursuant to is is is is is is is isis it is as i2 the isthe '3(43(0 one the
one ). ;ra! lied a5out e22ecting I"ersonal serBiceI on me o2, Dhich got me
arrested Hust 5e2ore 7 Das to 2a/ to the )9C, 5! noon, a -enantFs <nsDer or
?%tion to Dismiss 2or 2ailure to state a cause o2 action or de2icien! o2
serBice o2 "rocess or something 7 argua5l! neednFt haBe eBen 2iled
an!thing in the )9C Dhere the '3(43(0 notice listed 4"arGs 9ustice Court.
%h, it gets 5etter...NeBada Courts serBices 2iled a CandlordFs <22idaBit
attesting to haBe rented Coughlin a IdDellingI Dhich is de2ined as a
Islee"ing "lace or residenceI in N)4 ((*<...and "ursued an eBiction under
N)4 ((*<...citing a 5reach 5! Coughlin 2or allegedl! using the unit 09 2or
a residence or slee"ing "lace, instead o2 "ursuing N)4 4,.7', or N)4
((*.47+ eBiction remedies Dhich, 5! the Da!, ma! result in the 4heri22
eBicting Coughlin or 2orcing him to quit an! alleged use o2 :nit 09 as a
IdDelling "lace or residenceI, 5ut =%: ;7CC N%- -8<- :NDE)
-8%4E 4-<-:-E4 C%:>8C7N ;%:CD BE <CC%;ED, :NDE)
-8E C<; -% C%N7N:-E 4-%)7N> <ND <CCE447N> 874
$)%$E)-= -8E)ENNNNC<NF- 8<VE 7- B%-8 ;<=4 <CC -8E
-7?E, >:=4. %h, also, Dho in the hell signed the CandlordFs a22idaBitJ
-here is no te/tual indication o2 Dhom the solitar! letter o2 a IsignatureI
5elongs to....ma!5e 5ecause it Dould 5e a N)C$ (( Biolation 2or a
cor"oration to a""ear I"ro seI, es"eciall! Dhere re"resented 5! someone
committing the unauthoried "ractice o2 laDJ
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). ;ra! made some interesting statements on the Bideo o2 the '30*3(0
arrest 2ilmed 5! Coughlin, es"eciall! concerning CoughlinFs contention that
;ra! and N%rthDindFs DDane 9aGo5Fs attem"ts to 5reaG and enter and
tres"ass into :nit 09 constituted I"ersonall! serBingI Coughlin a + da!
:nlaD2ul Detainer Notice on '3(43(0. 72 NC4 did not I"ersonall! serBeI
Coughlin, then Coughlin Dould haBe had until 9une 0*th, 0,(0 at noon at
the earliest and argua5l! until the close o2 5usiness at +"m on '30*3(0 to
2ile a res"onse ie -enantFs <nsDer or ?%tion to Dismiss, etc#, in 4"arGs
9ustice Court %) EVEN in )Eno 9ustice Court. Coughlin Das arrested at
(,:3, am on '30*3(0, there5!, under color o2 laD, the ;C4%, NC4 and
N%rthDind and 9aGo5 2raudulentl! "reBented Coughlin 2rom 2iling i2 he
did not alread! "reBiousl!, es"eicall! in the '3(33(0 2a/es that are
m!steriousl! unaccounted 2or in r9C 2iles# a -enanFts )es"onse tEnanFts
ansDer, or -enantFs <.2idaBit or ?otion to Dismiss, etc.#.
4o, ). ;ra! and NC4, its Gind o2 a 5ig deal that !ou lied a5out e22ecting
"ersonal serBice on '3(43(0 o2 the + da! notice.
Coughlin has three di22erent Bersion o2 that notice or IDeclaration o2
4reBice 5! Cicense $)ocess 4ErBerI ). ;ra!. in one, a time o2 9:03
"resuma5l! am, 5ut that is not circled, nor is "m# on '3(43(0 is listed, and
a ru55er stam" indicating Ir. Dra!I, is there, along Dith a hadnDritten Ireg
Or6,4394*I is there. that Declaration indicates that ). ;)a! I"ersonall!
serBedI the "arte! named, Coughlin. %ddl!, this 2irst Bersion and all three
o2 these are in the )9C 2ile in reB0,(06,,(,4*# instead o2 IHenni2er
ChandlerI 5eing in , 7 guess, the signature line 2or the IagentI o2 the
landlrod and she alDa!s Hust "laces a Iru55er stam"I o2 her name
an!Da!s..I, instead o2 9enni2er Chandler, on the one '3(43(0 + da! N%tice
and all Bersion so2 this notice haBe checGs on 5o/ 3 and ', Dhich read I3.
)ecieBed a + da! notice o2 "ossi5le unlaD2ul detiner 2or 2ailure to com"l!
Dith the rental agreement....'. )emained in "ossesion o2 the "remises
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su5Hect to the "roBision o2 Ch"ater ((*< o2 the N)4 a2ter haBing 2ailed to
"er2orm the 5asic or contractual o5ligations im"osed u"on !ou 5! that
Cha"ter, name! 4EE <--<Ched#I though the Iattached Hust seems to
include a co"! o2 the I)ental <greementI Dith no real indication o2 hoD
Coughlin Das in Biolation o2 it, and no indication o2 Dh! N%rthDinds 2eels
Coughlin remained in Biolation thereo2 des"ite CoughlinFs Dritten
communications indicating that he Das not in 5reach. <n!Da!s, rather tha
a ru55er stam" indicating IHenni2er ChandlerI on that one + da! notice, the
one Dhere ;)a! actuall! a22i/es his actual signature, 2olloD 5! a handDritt
r6,4394* his licensed "rocess seBer num5er#, the s"ot usuall! 5aring the
I9enni2er ChandlerI ru55er stam" is instead taGen u" 5! a signature 5!
NeBada Court 4erBices resient notar! "u5lic 8B Cedomio....<>ain, there is
no time listed on that 2irst Bersion o2 the N%tice or Dhich includeds at the
5ottom the IDeclaration o2 4erBice....I
7n the second Bersion o2 the Inotice o2 :nlaD2ul detainer...I serBed on 9une (4th, 0,(0, in his
IDeclaration o2 4erBice 5! Cicnese "rocess 4erBerI Dhich, argua5l! inoBGes the I"enalt! o2
"erHur! dicate o2 N)4 +3.,4+...# ;ra! against declares he "ersonall! serBed Coughlin, Dith a
time o2 9:03 indicated, and a ru55er stam" o2 I). ;ra!I on the signature line, Dith a
handDritten I)Eg O)6,4394*I and that Bersion Das 2a/ed 5! the 4"arGs 9ustice Court to the
)eno 9ustice Court on 9une 0*th, 0,(0 at ((:,+ am, in a (3 "age 2a/, man! "ages o2 Dhich are
not in the )9C 2ile, though that 2a/ does included the header 2rom the 2a/ 2rom Coughlin to the
I4"arGs 9ustice Court on ' 0' (0 at (0:,,"m, Dhich Das a (, "age 2a/, and the Bersio o2 the
'3(43(0 + da! notice Dith Declartion o2 4erBice 5! r. ;ra! indicating a time o2 9:03 is "age ' o2
(, o2 CoguhlinFs 2a/ to the 4"arGs 9ustice Couer according to the 2a/ hearders# Dhile also 5eing
"age (0 o2 teh 9une 0*th, 0,(0 2a/ 2rom the 4"arGs 9ustice court to the )eno 9ustice Court. right
a5out the moment Coughlin Das 5eing "laced in ;C4% De"ut! ?achen squad or "atrol Behicle
2or trans"rot to the Hail, Dhere Coughlin Dould 5e 2orced to 2orG oBer some more 5ail, etc., etc.
7N the -hird Bersion o2 the IDeclaration o2 4erBiceI on the same 9une (4th, 0,(0 IN%-7CE %.
:NC<;.:C DE-<7NE) .%) .<7C:)E -% V<C<-E $)E?74E4 ..-his third Bersion o2
his '3(43(0 Declaration o2 4erBice 5! Cicensed $)ocess 4erBe ). ;ra! has the t!"ical IHenni2er
chandlerI ru55er stam" 2or the N%tice hal2 o2 the "age, and has a ru55er stam" 2or IJ).Dra!I,
along Dith a clearl! di22ert handDrirtn note o2 IregO r,43I o5Biousl!, aside 2rom the
handDriting Ianal!sisI the handDrittn num5erical indication o2 the "rocess serBicer num5er is
truncated on this third Bersion 5! 3 num5ers#. <dditional! this third Bersion indicates it Das
I"ersonall! serBedI at (0:+4 "m.
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;h! all the di22erent BersionsJ Dh!, i2 "ersonall! serBice Das e22ect at 9:03 am, Doud ). ;ra!
need to return and do it again, all 2or :nit 09, nmin !ou onl! all the other Declartions o2
4erBice 2rom that date o2 '3(43(0 , ie 2or units 4+ and 7(, indicate that ;ra! merel! "osted teh
notice to the rented "ro"ert! and there2ore Dould entail 3 more da!s 2ro mailing to get
IconstrutiBe noticeI under N)C$ 'e# and N)C$ +5#0#, Dhich landlordFs liGe NorthDinds Hust
hate.
-hen there is the 2act that NC4 snucG into the 2ile later a Dhole nother t!"e
o2 notice, one under N)4 4,.7',...Dhich, o2 course, changes eBer!thing..
%. course, ;ra! did not I"ersonall! serBeI Coughlin. ;ra! attem"ts to
maGe some hal265aGed argument a5out hoD he slid a2ter 2ailing in his
attem"ts to 5reaG and enter and tres"ass in to :nit 09 on '3(4309# the + da!
:D Notice into a cracG in the door o2 the rental, and "erceiBed it to ImoBeI
a2ter he let go o2 it, there5!, a""arentl!, entitling him to assert that he
e22ected I"ersonal serBiceI u"on tenant Zach Coughlin, or, a""arentl!,
otherDise com"lied Dith N)C$ +, and there2ore cut short the time 2or
Coughlin to res"ond as a tenant and secure a hearing rather than 5e
incarcerated a2ter haBing unGnoDn Biolent sounding 2igures 2lash5acGs to
other interactions Dith NeBada Court 4erBices# 5anging on his doors,
re2using to indenti2! themselBes, then ultimatel! taGing a chainsaD or
saDP6all# to a metal door to a con2ined DindoDless rental.
N)4 4,.4,, maGes N)C$ the a""lica5le rules here, not 9C)C$, nor
9C))-:
):CE +. 4E)V7CE <ND .7C7N> %. $CE<D7N>4 <ND %-8E) $<$E)4
)ule
Dra2terQs Note
Commentar!
a# 4erBice: ;hen )equired. E/ce"t as otherDise "roBided in these rules, eBer! order required
5! its terms to 5e serBed, eBer! "leading su5sequent to the original com"laint unless the court
otherDise orders 5ecause o2 numerous de2endants, eBer! "a"er relating to discoBer! required to
5e serBed u"on a "art! unless the court otherDise orders, eBer! Dritten motion other than one
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Dhich ma! 5e heard e/ "arte, and eBer! Dritten notice, a""earance, demand, o22er o2 Hudgment,
designation o2 record on a""eal, and similar "a"er shall 5e serBed u"on each o2 the "arties. No
serBice need 5e made on "arties in de2ault 2or 2ailure to a""ear e/ce"t that "leadings asserting
neD or additional claims 2or relie2 against them shall 5e serBed u"on them in the manner
"roBided 2or serBice o2 summons in )ule 4.
R<s amended@ e22ectiBe 4e"tem5er 07, (97(.S
5# 4ame: 8oD ?ade.
(# ;heneBer under these rules serBice is required or "ermitted to 5e made u"on a "art!
re"resented 5! an attorne!, the serBice shall 5e made u"on the attorne! unless the court orders
that serBice 5e made u"on the "art!.
0# 4erBice under this rule is made 5!:
<# DeliBering a co"! to the attorne! or the "art! 5!:
i# handing it to the attorne! or to the "art!@
ii# leaBing it at the attorne!Qs or "art!Qs o22ice Dith a clerG or other "erson in charge, or i2 there
is no one in charge, leaBing it in a cons"icuous "lace in the o22ice@ or
iii# i2 the o22ice is closed or the "erson to 5e serBed has no o22ice, leaBing it at the "ersonQs
dDelling house or usual "lace o2 a5ode Dith some "erson o2 suita5le age and discretion residing
there.
B# ?ailing a co"! to the attorne! or the "art! at his or her last GnoDn address. 4erBice 5! mail
is com"lete on mailing@ "roBided, hoDeBer, a motion, ansDer or other document constituting the
initial a""earance o2 a "art! must also, i2 serBed 5! mail, 5e 2iled Dithin the time alloDed 2or
serBice@ and "roBided 2urther, that a2ter such initial a""earance, serBice 5! mail 5e made onl! 5!
mailing 2rom a "oint Dithin the 4tate o2 NeBada.
C# 72 the attorne! or the "art! has no GnoDn address, leaBing a co"! Dith the clerG o2 the court.
D# DeliBering a co"! 5! electronic means i2 the attorne! or the "art! serBed has consented to
serBice 5! electronic means. 4erBice 5! electronic means is com"lete on transmission "roBided,
hoDeBer, a motion, ansDer or other document constituting the initial a""earance o2 a "art! must
also, i2 serBed 5! electronic means, 5e 2iled Dithin the time alloDed 2or serBice. -he serBed
attorne!Qs or "art!Qs consent to serBice 5! electronic means shall 5e e/"ressl! stated and 2iled in
Driting Dith the clerG o2 the court and serBed on the other "arties to the action. -he Dritten
consent shall identi2!:
i# the "ersons u"on Dhom serBice must 5e made@
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ii# the a""ro"riate address or location 2or such serBice, such as the electronic6mail address or
2acsimile num5er@
iii# the 2ormat to 5e used 2or attachments@ and
iB# an! other limits on the sco"e or duration o2 the consent.
<n attorne!Qs or "art!Qs consent shall remain e22ectiBe until e/"ressl! reBoGed or until the
re"resentation o2 a "art! changes through entr!, DithdraDal, or su5stitution o2 counsel. <n
attorne! or "art! Dho has consented to serBice 5! electronic means shall, Dithin (, da!s a2ter
an! change o2 electronic6mail address or 2acsimile num5er, serBe and 2ile notice o2 the neD
electronic6mail address or 2acsimile num5er.
3# 4erBice 5! electronic means under )ule +5#0#D# is not e22ectiBe i2 the "art! maGing
serBice learns that the attem"ted serBice did not reach the "erson to 5e serBed.
4# $roo2 o2 serBice ma! 5e made 5! certi2icate o2 an attorne! or o2 the attorne!Qs em"lo!ee, or
5! Dritten admission, or 3. #00%$#)%', or other "roo2 satis2actor! to the court. .ailure to maGe
"roo2 o2 serBice shall not a22ect the Balidit! o2 serBiceI
7n the legal DorG dra2ted and 2iled 5! a non6attorne!, a criminal Biolation in NC4Fs and 9e22
ChandlerFs committing the authoriPed "ractice o2 laD Dhat ha""ens to "eo"le doing "lastic
surger! Dithout a licenseJ Hail time, lots o2 it...5ecause something could go 5adl!, 5adl! Drong
and "eo"le could get hurt...liGe Coughlin got hurt, damaged, arrested, 2inanciall! destro!ed, etc.,
etc. here. thin sGull "lainti22, consequential damages ;inchell B 4chi22 0,,* case sea2ood,
storage "lace lost 5usiness and lost "ro2its L3,,A damages, etc.. Dhile in Hail Coughlin Das
"reBented 2rom 2iling in matters that ultimatel! Dound u" Dith a L4,,,+, Hudgment against
Coughlin, and thereFs more, 2or Dhich N%rthDind, and NC4, Chandler and ;)a!, and "erha"s,
some others, Dill 5e lia5le.#. 7n the I<22idaBit o2 Candlord 2or BreachI 2iled on 9une 07th, 0,(0
5! ,Dell, Dho GnoDs, giBen it Hust sa!s ICanldordI and has Dhat a""ear s to 5e a handDritten
I4I in the signature line...5ut, lets sa! it Das 2iled 5! 9e22 Chandler, Dhom crossed the 5ar and
argued 5e2ore 9udge $earson on 9ul! 3(st, 0,(( in )EB0,(06,,(,4* on 5ehal2 o2 his IclientF
NorthDind <"artments, <ssociates CCC see acg6am"i.com, doing 5usiness in (, states, Ginda
seems liGe the! could a22ord and attorne! rather than destro! our communit! Dith hacG "retend
laD!ers Dho "la! dress as a 4heri22 and 5ull! "eo"el Dhile attem"ting to 5reaG and enter and
tres"ass...and then )$D <lan ;eaBer and 4<rgent %liBer ?iller, and ;C4% De"ut! 9ohn
?achen and De"ut! >omeP chi" in some 4oldal B. CooG Count! Biolating (9*3 Biolations as
Dell...."uGe, "uGe. "uGe... 7N the I<22idaBit o2 Candlord 2or BreachI that Chandler dra2ted and
2iled, he Drote, at "aragra"h 4. Ihim and nation surrender o2 the "remises Das to haBe taGen
"lace on or 5e2ore 9une (3, 0,(0. -hat legal notice has 5een serBed on the tenantFs in accordance
Dith the "roBisions o2 N)4 cha"ter 4,.0*, as amended on '3(43(0.I
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ChandlerFs <22idaBit o2 Candlord 2or Breach demonstrates a lacG o2 candor to the tri5unal, Dhich
Dould 5e "ro2essional misconduct to re"ort to the 4BN, 5ut, Chadler aint a laD!er, so,and Dhat
are !a goinF ta doJ DD< =oundJ DD< Aandaras, isnFt that !our HurisdictionJ -hat is a
criminal laD Biolation, right, unauthoriPed "ractice o2 laD...and in that 9une 07th, 0,(0 <22idaBit
o2 Candlord Chandler sneaGil! lists IN3aI in the 5lanG 2or the Ioriginal "eriod o2 is 5lanG#
terminating on o 2orr trans2erring to a "eriodic tenanc! on that date. < co"! o2 the Dritten
rental agreement, i2 an! , is attached hereto.I....:"on in2ormation and 5elie2, chandler 2ailed to
inlcude a co"! o2 the )ental <greement in at least one o2 these N%rthDind 2iles not sure i2 it
Das in the one 2or unit 09, reB0,(06,,(,4*, 5ut it Doudl maGe sense, as NorthDindFs eggs Dere
all in that 5asGet in a sense.# <n!Da!s, the )ental <>reement maGes clear the "eriod is not
In3aI...Dh! Dould Chandler do thatJ Coudl it 5e that N)4 4,.0+3 has di22er atent laDs 2or
tenancies Dhere the rent is reserBed 5! a "eriod o2 ( DeeG or lessJ Coughlin "aid 2or one
monthFs rent u" 2ront at the time the )enal <greement Das signed. <lso, see isthe craigslist ad
Coughlin res"onded to "laced 5! NorthDind, and incor"orated into an I)ental <greementI,
along Dith Ber5al indications, argua5l!, under N)4 ((*<.(', Dhich onl! a""lies to IdDelling
"lacesI, 5ut the CandlordFs <22idaBit inidcates this rental Das, in "aragra"h 0 such, as it states
I0. -hat !or a22iant isrented a certain dDelling or a"artment to Zach Coughlin, located at ('*,
sG! mountain dr...O09, )eno, NV on +343(0 2or an original "eriod o2 N3a terminating on or
trans2errinto a "eriodic tenanc! on that date. a co"! o2 the Dritten rental agreemet i2 an!, is
attached hereto.I.. Chandler seems to Dant to taGe adBanteg o2 N)4 4,.0+30#Fs quicGie serBice
a""roach 2or DeeG to DeeG rentals, Dhich unit 09, 5! Birtue o2 the terms o2 the )ental
<greement, clearl! Das not. as him and him and him this 5ut the neD the signatures is Dritten
in the amount o2 L7+ is due no later than the 2irst o2 late a2ter the 2or eBer! month late is asGed
Bo5 Co5laD clearl! this Das a "eriodic tenanc! o2 month to month 2or Bariet! 2urther one
"roBision and this one is rental agreements has Dritten 3, da!s notice to Bacate is required or
rental Dill 5e res"onsi5le the ne/t months rent coBered Chandler tends to one characteriPe this
as a DeeG to DeeG or less t!"e tenanc! to taGe adBantage o2 the lessons serBice requirements
there and 2ound in N)4 4,.0+3(#60#:
.urther, the )ental <greement is not necessaril! limited to the document that N%rthDind
<"artments "ur"orts to 5e the I><)<>E 3 C<)$%)- )EN-<C <>)EE?EN-I as their
e/ists no limitation in that document that a22irmatiBel! disclaims an! incor"oration o2
statements 5! then ?anage Deede Call Dhom m!steriousl! disa""eared u"on current ?anager
DDa!ne 9aGo5 shoDing u"# or incor"orated into the )ental <greement or Cease 5! Birtue o2 the
adBertisements that NorthDinds held out to the "u5lic on Craigslist, Dhich is hoD Coughlin
learned o2 their o22er, u"on Dhich Coughlin called then ?anager Deede Call and met Dith her in
"erson. <ttached in E/hi5it ( is the Craigslist ad that NorthDinds Das running at the time, and
it read:
IL7+ %ne 4iPe Car G#r#," .or )ent NorthDest )eno, NV#
Date: 0,(06,46,0, (,:,0<? $D-
)e"l! to: see 5eloD
;elcome to NorthDind <"artments. ;e o22er storage units to non6NorthDind )esidentsN I0 .o*
&""$ +or" -'or#,", De o22er garages to rent 2or L7+ "er month. -he! are a 2ull siPe single car
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garage. ?ost "u5lic storages Dould charge oBer L(+, dollars 2or the same siPeN %ur communit!
is located in northDest )eno, right
o22 o2 ?cCarran. $lease call us at 77+# 747690,, or come 5!. ;e are located at ('*, 4G!
?ountain DriBe in NorthDest )eno.I
AND IT GETS BETTER4 T(" '(%&, #3o*' NRS 506770 %- '(#' %' -"/%0%/#!!. %&$%/#'"- '(#'
%' $o"- &o' #!. 'o 8,#r#,"-86 <nd 9udges donFt legislate 2rom the 5ench, the! Hust a""l! the
laD as Dritten, so "eo"le can de"end on notice "roBided 5! "recedent and "u5lished laDs. -o do
otherDise is Hudicial misconduct argua5l! requiring a Com"laint Dith the 9udicial Disci"line
Commission.
.urther Coughlin asGed and then ?anager Deede Call she is listed as the manager on the
I)EN-<C <>)EE?EN-I o2 ?a! 4th, 0,(0, and it 5ears hers and CoguhlinFs signature,
numerous questions Bis a Bis the use o2 the rental, and clearl!, Deede Call gaBe Coughlin
"ermission and actuall!, Call did not indicate an! Is"ecial "ermissionI to use the rentals 2or
something other than "arGing a car Das necessar! to o5tain an!Da!s, and no one has esta5lished
that Coughlin did not use the rentals 2or "arGing an!Da!s, and an! .ourth <mendment Biolating
tres"ass and Bideoing o2 CoughlinFs rentals is not admissi5le an!Da!s. 4oldal B. CooG Co.
C8<$-E) 4, 6 <C-7%N4 <ND $)%CEED7N>4 7N $<)-7C:C<) C<4E4 C%NCE)N7N>
$)%$E)-= 4:??<)= $)%CEED7N>4 .%) %B-<7N7N> $%44E447%N %. )E<C
$)%$E)-=, )EC)E<-7%N<C VE87CCE %) ?%B7CE 8%?E
N)4 4,.0*, 4erBice o2 notices to quit@ "roo2 required 5e2ore issuance o2 order to remoBe.
N)4 4,.4,, )ules o2 "ractice.
C8<$-E) (,* 6 4-<-:-%)= C7EN4
LIENS OF O9NERS OF FACILITIES FOR STORAGE
N)4 (,*.47+ :se o2 storage s"ace 2or residence "rohi5ited@ eBiction@ nature o2 2acilit!@
e22ect o2 issuance o2 document o2 title 2or "ro"ert!.
C8<$-E) ((*< 6 C<NDC%)D <ND -EN<N-: D;ECC7N>4
CHA:TER 1;7 < CRIMES BY AND AGAINST THE E=ECUTIVE :O9ER OF
THIS STATE
NRS 1;760;0 I&'"r0"r%&, 1%'( *3!%/ o00%/"r6
NRS 1;76100 I&0!*"&/%&, *3!%/ o00%/"r6
NRS 1;76110 M%-/o&$*/' o0 *3!%/ o00%/"r6
N)4 (97.(0, .alse im"ersonation o2 "u5lic o22icer@ %&'r*-%o& %&'o #&$
r"0*-#! 'o -*rr"&$"r *3!%/ o00%/"6
NRS 1;76120 F#!-" r"or' 3. *3!%/ o00%/"r6
NRS 1;76150 :*3!%/ o00%/"r +#>%&, 0#!-" /"r'%0%/#'"6
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NRS 1;76170 Fr#*$*!"&'!. r"-"&'%&, /!#%+ 'o *3!%/ o00%/"r6
NRS 1;761?0 9ro&,0*! "@"r/%-" o0 o00%/%#! o1"r6
NRS 1;761;0 O3-'r*/'%&, *3!%/ o00%/"r6

-he arrest o2 Coughlin at NorthDinds <"artments on 9une 0*th, 0,(0 5! the same ;C4%
De"ut! ?achen Dho 2iled a 2alse a22idaBit attesting to haBe I"ersonall! serBedI Coughlin the
4ummar! EBiction %)der 2rom CoughlinFs 2ormer home laD o22ice on NoBem5er (st, 0,((,
Dhen in realit!, ?achen Hust "osted the %rder to the door Dhen no5od! Das home and
there2ore committed tres"ass under color o2 laD, as he 2ailed to com"l! Dith N)C$ +5#0#
made a""lica5le to landlord tenant matters 5! N)4 4,.4,,# and N)C$ 'e#.
4o, ;C4% ?achen arrested Coughlin 2or a Biolation o2 N)4 (97.(9,:
N)4 (97.(9, %5structing "u5lic o22icer. EBer! "erson Dho, a2ter due notice, shall
re2use or neglect to maGe or 2urnish an! statement, re"ort or in2ormation laD2ull!
required o2 the "erson 5! an! "u5lic o22icer, or Dho, in such statement, re"ort or
in2ormation shall maGe an! Dill2ull! untrue, misleading or e/aggerated statement, or
Dho shall Dill2ull! hinder, dela! or o5struct an! "u5lic o22icer in the discharge o2
o22icial "oDers or duties, shall, Dhere no other "roBision o2 laD a""lies, 5e guilt! o2 a
misdemeanor.
=et DD< charged Coughlin in the Criminal Com"laint in )9C )C)0,(06,'79*, Dith
a di22erent crime, N)4 (99.0*,:
IN)4: C8<$-E) (99 6 CRIMES AGAINST :UBLIC JUSTICE
OTHER OFFENSES
N)4 (99.0*, )esisting "u5lic o22icer.
< "erson Dho, in an! case or under an! circumstances &o' o'("r1%-" -"/%#!!.
ro)%$"$ 0or, Dill2ull! resists, dela!s or o5structs a "u5lic o22icer in discharging or
attem"ting to discharge an! legal dut! o2 his or her o22ice shall 5e "unished:
(. ;here a 2irearm is used in the course o2 such resistance, o5struction or dela!, or
the "erson intentionall! remoBes, taGes or attem"ts to remoBe or taGe a 2irearm 2rom
the "erson o2, or the immediate "resence o2, the "u5lic o22icer in the course o2 such
resistance, o5struction or dela!, 2or a categor! C 2elon! as "roBided in N)4 (93.(3,.
0. ;here a dangerous Dea"on, other than a 2irearm, is used in the course o2 such
resistance, o5struction or dela!, or the "erson intentionall! remoBes, taGes or attem"ts
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to remoBe or taGe a Dea"on, other than a 2irearm, 2rom the "erson o2, or the immediate
"resence o2, the "u5lic o22icer in the course o2 such resistance, o5struction or dela!, 2or
a categor! D 2elon! as "roBided in N)4 (93.(3,.
3. ;here no dangerous Dea"on is used in the course o2 such resistance, o5struction
or dela!, 2or a misdemeanor.I
;h! the change 2rom DD< =oungJ 7t couldnFt 5e 5ecuase N)4 (99.0*, is more
damaging to CoughlinFs laD license, in light o2 4C) ((('#, than Dould 5e a sim"le
little N)4 (97.(9, charge, could itJ 7s that "ermissi5le Dhere the ;CD< and ;C4%
haBe a Bested interest in discrediting and demolishing Coughlin in light o2 allegation
o2 misconduct 5! 5oth o2 those o22ices Dith res"ect to its treatment o2 Coughlin, in
addition to misconduct against Coughlin 5! the ;CDCJ
NeBada 4u"reme Court )ule ((('#: I'. De2inition o2 T-"r%o*- /r%+"6A -he term
Tserious crimeU means (# a 2elon! and 0# an! crime less than a 2elon! a necessar!
element o2 Dhich is, as determined 5! the statutor! or common6laD de2inition o2 the
crime, im"ro"er conduct as an attorne!, %&'"r0"r"&/" 1%'( '(" #$+%&%-'r#'%o& o0
B*-'%/", 0#!-" -1"#r%&,, misre"resentation, 2raud, Dill2ul 2ailure to 2ile an income ta/
return, $"/"%', 5ri5er!, e/tortion, misa""ro"riation,I. ConBictions o2 a Iserious crimeI
require Bar Counsel to 2ile a 4C) ((( $etition against the attorne!.
Could there 5e an! clear demonstration o2 the retaliator! animus against Coughlin 5!
the ;ashoe Count! District <ttorne!Fs %22iceJ <re "rosecutors "aid to "la! out
grudges and sanction misconduct 5! local laD en2orcementJ )ather than Hust a
IresistingI charge, DD< =oung and the ;CD< Dant to tr! to glom on a I2alse
sDearingI and Iinte2erring Dith the administration o2 HusticeI claim, eBen Dhere the
GnoD o2 the '30'3(0 Dritten corres"ondence 5! Coughlin to 5oth the 4"arGs and )eno
9ustice Courts and the CiBil DiBision o2 the ;ashoe Count! 4heri22Fs %22ice. Enough
is Enough. -his "rosecutorial misconduct must not stand.
But, reall! Coughlin is here5! com"laining to the landlord, "ursuant to N4 ((*<.+(,
o2 a Biolation o2 the criminal laD 5! one Dho is argua5l! an IagentI o2 the landlord
not maGing a 5ri5er! allegation here, to 5e clear, though#:
NRS 1;76200 Or"--%o& *&$"r /o!or o0 o00%/"6
(. <n o22icer, or a "erson "retending to 5e an o22icer, Dho unlaD2ull! and
maliciousl!, under "retense or color o2 o22icial authorit!:
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a# <rrests or detains a "erson against the "ersonQs Dill@
5# 4eiPes or leBies u"on anotherQs "ro"ert!@
c# Dis"ossesses another o2 an! lands or tenements@ or
d# Does an! act Dhere5! the "erson, "ro"ert! or rights o2 another "erson are
inHured,
commits o""ression.
0. <n o22icer or "erson committing o""ression shall 5e "unished:
a# ;here "h!sical 2orce or the immediate threat o2 "h!sical 2orce is used, 2or a
categor! D 2elon! as "roBided in N)4 (93.(3,.
5# ;here no "h!sical 2orce or immediate threat o2 "h!sical 2orce is used, 2or a
gross misdemeanor.
.urther, this is an o22icil Dritten com"laint against ;C4% De"ut! ?achen and
>omeP, "lease "lace a co"! o2 this Com"laint in their em"lo!ment and "ersonnel 2iles,
and "lease do the same Dith res"ect to )$D %22icer <lan ;eaBer, 4argent D!e,
4argent %liBer ?iller, and %22icer ;elch 2or their gross misdemeanor, consisting o2
doing that Dhich is the domain o2 the 4heri22 under N)4 4,.7', in conection Dith the
matter at 4u"erior ?ini 4torage on or around 4e"tem5er 0(st, 0,(0 under the
2olloDing laD, in light o2 teh language in N)4 4,.7', and N)4 (,*.47+, Dhich 7
made the )$D aDare o2 at the time, and 4oldal B. CooG Co. CouldnFt 5e too much o2 a
5udget crunch Dhen local laD en2orcement acts the Da! the! do, Berita5l! goading
ciBil rights tenantFs right attorne!Fs into suing them through their recGless and tacG!
5ehaBior: NRS 1;761?0 9ro&,0*! "@"r/%-" o0 o00%/%#! o1"r6 <n! "erson Dho
Dill2ull! taGes u"on himsel2 or hersel2 to e/ercise or o22iciate in an! o22ice or "lace o2
another, Dithout 5eing laD2ull! authoriPed thereto, is guilt! o2 a gross misdemeanor.
<lso, uner N)4 ((*<.+(,, 7 am com"laining o2 the 2olloDing Biolations o2 criminal
laD on NorthDindFs 5ehal2:
NRS 1;76120 F#!-" %+"r-o&#'%o& o0 *3!%/ o00%/"r; %&'r*-%o& %&'o #&$ r"0*-#! 'o
-*rr"&$"r *3!%/ o00%/"6 EBer! "erson Dho shall 2alsel! "ersonate or re"resent an!
"u5lic o22icer, or Dho shall Dill2ull! intrude into a "u5lic o22ice to Dhich the "erson
has not 5een dul! elected or a""ointed, or Dho shall Dill2ull! e/ercise an! o2 the
2unctions or "er2orm an! o2 the duties o2 such o22icer, Dithout haBing dul! quali2ied
there2or, as required 5! laD, or Dho, haBing 5een an e/ecutiBe or administratiBe
o22icer, shall Dill2ull! e/ercise an! o2 the 2unctions o2 o22ice a2ter his or her right to do
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so has ceased, or Drong2ull! re2use to surrender the o22icial seal or an! 5ooGs or
"a"ers a""ertaining to such o22ice, u"on the demand o2 his or her laD2ul successor,
shall 5e guilt! o2 a gross misdemeanor.
R(9(( CK$ V '7@ )C V '330@ NCC V (,,('S
NRS 1;76120 F#!-" r"or' 3. *3!%/ o00%/"r6 EBer! "u5lic o22icer Dho shall
GnoDingl! maGe an! 2alse or misleading statement in an! o22icial re"ort or statement,
under circumstances not otherDise "rohi5ited 5! laD, shall 5e guilt! o2 a gross
misdemeanor.
NEBada Court 4erBices regularl! attem"ts to mislead tenantFs into thinGing the act Dith color o2 laD. .rom 9oel Durden
5arGing at me in his 4heri22 looG6a6liGe getu" that he is an Io22icer o2 the courtI and 2rom ICourt 4erBicesI to haBing the
Dord ICourtI in their name,etc., etc. NEBad Court 4erBices im"ersonates "u5lic o22icers. <dditionall!, ?achenFs "olice
re"ort is 2alse to the e/tent that it 2ails to indicate that, at least at some "oint, ?achen and or De"ut! >omeP re2used to
idneti2! themsleBs. -he! donFt GnoD Dhat someone is doing inside Dhen the! "ur"ort to IGnocG and announceI and the
must reasona5l! 5e e/"ected to assume one could haBe not heard their initial announcing their idneti2! Dhether 5ecause
the! had head"hones or, Dere in the 5athroom, DhateBer...and ?achen and his coD5o! "artner >omeP re2used to identi2!
themselBes in res"onse to a request that the! do so 5! Coughlin, and similarl! re2used to slide through the door an!
"a"erDorG or Darrant descri5ing the "ur"ose o2 their Bisit.
;C4% is that ?achemFs <22idaBit o2 4erBice indicates that he I"ersonall!
serBedI me, Dhich Gind o2 reminds me o2 all that ro5o6signing and ?E)4
2raud 7 come across in m! da! Ho5 and do !ou Donder hoD man! attorne!s
in the 2oreclosure de2ense game 7 am in constant contact Dith Dho are
Datching and Ditness the "otential )7C% Biolations this Driting mentionsJ#,
Dhich includes 5eing a 2oreclosure de2ense attorne!. 4o Dhich is itJ Did
?achem I"ersonall! serBeI me the 4ummar! EBiction %rderJ )ichard >.
8ill, Esq. liGes to argue that 7 Das IserBedI in com"liance Dith all time
related rules 5ecause it Das done in the Iusual custom and "ractice o2 the
;C4%. ;hat, e/actl!, is the Iusual custom and "ractice o2 the ;C4%J 7
hear a lot a5out this IDithin 04 hoursI stu22. 4o, 7 go hunting 2or some
5lacG letter laD to su""ort Dhat those at the )9C and in the clueless
communit! at large Dhich o2ten includes NeBada Cegal 4erBices and
;ashoe Cegal 4erBices, the "eo"le !ou gu!s had such trou5le actuall!
serBing in the laDsuits 7 2iled, Dhich ma! haBe actuall! hel"ed im"roBed
legal serBices in this communit!, i2 the! Dere not dismissed due to
insu22icienc! o2 serBice o2 "rocess, eBen Dhere the 7.$ required the ;C4%
to serBed the de2endants....#. <n!Da!, 5acG to the IDithin 04 hoursI
"hraseolog!: I

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-his Dhole 5usiness a5out T-he court ma! thereu"on issue an order
directing the sheri22 or consta5le o2 the count! to remoBe the tenant Dithin
04 hours a2ter recei"t o2 the order...U is ina""lica5le to this situation, Dhere
an %rder >ranting 4ummar! EBiction Das signed 5! %cto5er 07th, 0,((.
-hat language is onl! 2ound in situations ina""lica5le to the current one.
N)4 4,.0+33#5#0#, and N)4 4,.0+3+#a# are the onl! sections o2 N)4
4, Dhere this TDithin 04 hoursU language occurs, and those situations onl!
a""l! Dhere, in:
4,.0+33#5#0#: T 3. < notice serBed "ursuant to su5section ( or 0 must: ...
5# <dBise the tenant: W. 0# -hat i2 the court determines that the tenant is
guilt! o2 an unlaD2ul detainer, the court ma! issue a summar! order 2or
remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2 the
tenant, directing the sheri22 or consta5le o2 the count! to remoBe the tenant
Dithin 04 hours a2ter recei"t o2 the orderU
and,
4,.0+3+#a#: T+. :"on noncom"liance Dith the notice: a# -he landlord
or the landlordQs agent ma! a""l! 5! a22idaBit o2 com"laint 2or eBiction to
the Hustice court o2 the toDnshi" in Dhich the dDelling, a"artment, mo5ile
home or commercial "remises are located or to the district court o2 the
count! in Dhich the dDelling, a"artment, mo5ile home or commercial
"remises are located, DhicheBer has Hurisdiction oBer the matter. -he court
ma! thereu"on issue an order directing the sheri22 or consta5le o2 the
count! to remoBe the tenant Dithin 04 hours a2ter recei"t o2 the order.U -he
Da! these summar! eBiction "roceedings are 5eing carried out in )eno
9ustice Court "resentl! shocGs the conscience and Biolates NeBada laD.
-here is not 5asis 2or e22ectuating a locGout the Da! ;C4%Fs De"ut!
?achem did in this case. -he a5oBe tDo sections containing the TDithin 04
hours o2 recei"tU language are ina""lica5le, as those situations do not
inBoGe the "resent circumstances, Dhere the -enant did 2ile an <22idaBit
and did contest this matter to a degree not o2ten seen. -o require NeBadaFs
tenants to get u" and get out TDithin 04 hoursU o2 Trecei"t o2 the orderU
Dhat does that eBen meanJ -he use o2 terms liGe TrenditionU, TrenderedU,
Tnotice o2 entr!U, T"ronouncedU, is a5sent here, and this Trecei"t o2 the
orderU language is something rarel! 2ound elseDhere in NeBada laD6see
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attached D?V statutor! citations, and in em"lo!ment laD litigations Dhere
one must 2ile a Com"laint Dithin 9, da!s o2 Trecei"tU o2 a )ight -o 4ue
Cetter, a situation Dhich 2olloDs N)C$ +5#, and N)C$ 'e# in im"uting
recei"t o2 such a letter, Dhen actual recei"t is not shoDn, 5! a""l!ing a
TconstructiBe noticeU standard that relies u"on the da!s 2or mailing
e/tension o2 time 2or items serBed in the mailing, etc.#. 7n <5raham B.
;oods 8ole %ceanogra"hic 7nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the
record did not re2lect Dhen the "lainti22 receiBed his right6to6sue letter. -he
letter Das issued on NoBem5er 04, 0,,'. -he court calculated that the 9,6
da! "eriod commenced on NoBem5er 3,, 0,,', 5ased on three da!s 2or
mailing a2ter e/cluding 4aturda!s and 4unda!s. 7n order to 5ring a claim
under either -itle V77 or the <D<, a "lainti22 must e/haust administratiBe
remedies and sue Dithin 9, da!s o2 recei"t o2 a right to sue letter. 4ee 40
:.4.C. V 0,,,e6+2#(#. 4ee BaldDin Count! ;elcome Center B. BroDn,
4'' :.4. (47, (4* n.(, (,4 4.Ct. (703, *, C.Ed.0d (9' (9*4#granting
"lainti22 an additional three da!s 2or mailing "ursuant to )ule '#.
.urther, des"ite Dhat the inaccurate handouts o2 NeBada Cegal 4erBices
ma! sa! a5out this T04 hoursU and the a""lica5ilit! o2 the 9C)C$ to cases
liGe these, NRS 506500 R*!"- o0 r#/'%/", holds that :U-he "roBisions o2
N)4, NeBada )ules o2 CiBil $rocedure and NeBada )ules o2 <""ellate
$rocedure relatiBe to ciBil actions, a""eals and neD trials, so 2ar as the! are
not inconsistent Dith the "roBisions o2 N)4 4,.00, to 4,.40,, inclusiBe,
a""l! to the "roceedings mentioned in those sections. <s such N)C$ 'a#,
e# a""lies to the %rder o2 4ummar! EBiction that ;C4% De"ut! ?achem
alleged, under "enalt! o2 "erHur!, that he I"ersonall! serBedI u"on me on
NoBem5er (, 0,((. -hat is a lie 5! ?r. ?achem, unless I"ersonall!
serBedI is de2ined in a rather im"ersonal Da! and or ?achem and 7 haBe
totall! di22erent understanding o2 the de2inition o2 I"ersonall! serBedI,
Dhich ma! 5e the case. %r, "erha"s the 4heri22Fs %22ice is 5us! and doesnFt
Dant to Dait around to I"ersonall! serBeI eBer! tenant it Dishes to eBict.
.ine, then Hust use the Imail it and alloD three da!sI rule in N)C$ 'e#...the
landlordFs might not liGe it, 5ut the! can use that 2rustration as an incentiBe
not to Hum" to litigating eBer! disagreement a5out ha5ita5ilit! that a tenant
5rings to them. =ou ma! not realiPe hoD ridiculous some landlordFs get.
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7n m! case, 7 o22ered to 2i/ 5asic things that clearl! im"licated the
ha5ita5ilit! rules in N)4 ((*<.09, and the Cali2ornian neurosurgeon,
BeBerl! 8ill 8igh 4chool graduate landlord 5alGed and com"lained then
hired and attorne! 2our da!s into a dis"ute.....at Dhich "oint the rules
against contacting re"resented "arties "reBented much in the Da! o2 real
settlement discussion, "articularl! Dhere o""osing counsel has
continuousl! demonstrated a com"lete indi22erence to "ursuing settlement
Dh! Dould he at the rates he 5ills hours atJ#. 7 Hust donFt thinG the
4heri22Fs %22ice needs to sull! its image or damage the citiPen tenants o2
;ashoe Count! in the name o2 "leasing "eo"le liGe Dr. ?att ?erliss or
)ichard >. 8ill, Esq.
7 am here5! com"laining to NorthDind <"artments o2 a Biolation o2 the criminal laD 5! one o2
its agents ). ;ra! and other "rocess serBers Dith NC4 %h, and )$D %22icer ;eaBer also
threatened to use Ih!draulic e/"losiBesI to gain entr! to one o2 m! three rentals at NorthDind,
though no e/igent circumstance e/isted and though he lacGed a Darrant. 7 haBe "reBiousl!
com"lained o2 Cou Cadia, ?ilan Are5s, 5oth NorthDind ?aintenance $ersonnel, and NorthDind
$ro"ert! ?anager or <"artment ?anager DDa!ne 9aGo5 attem"t to 5reaG and enter into m!
rentals Dh! is it Dhen )ichard >. 8ill, Esq. calls the )$D and alleges 7 am tres"assing, 7 get
su5Hect to a custodial arrest and 8ill gets the 4tate Bar o2 NeBada to tr! to "rosecute me 2or
I5reaGing an enteringI, eBen though ;C4% ?achen lied in his <22idaBit o2 4erBice in )9C
reB0,((6,,(,7,*, and the Court had 2ailed to return to me at the time o2 arrest the L0,07+ it
DasnFt "ermitted to require 7 de"osit in a Irent escroDI account in the 2irst "lace, and Dhere 8ill
and his contractor are caught on Bideo admitting to haBing remoBe m! ladder 2rom the 2ormer
laD o22ice in a Bideo o2 Decem5er 03rd, 0,((...Dh! doesnFt the )$D arrest 8ill and $hil
4teDart 2or larcen! o2 m! ladderJ Do 7 haBe to 5e ;al6?art or )ichard >. 8ill or NorthDinds
<"artments ie, rich, connected# to get the )$D to en2orce the laD Dhen 7 com"lain o2 a
BiolationJ
NRS 5062?0 S"r)%/" o0 &o'%/"- 'o C*%'; roo0 r"C*%r"$ 3"0or" %--*#&/" o0 or$"r 'o r"+o)"6
(. E/ce"t as otherDise "roBided in N)4 4,.0+3, the notices required 5! N)4 4,.0+( to 4,.0',, inclusiBe, ma! 5e serBed:
a# B! deliBering a co"! to the '"&#&' "r-o&#!!., %& '(" r"-"&/" o0 # 1%'&"--@
5# 72 the tenant is a5sent 2rom the tenantQs !#/" o0 r"-%$"&/" or 2rom the '"&#&'D- *-*#! !#/" o0 3*-%&"--, 3. !"#)%&,
# /o. 1%'( # "r-o& o0 -*%'#3!" #," #&$ $%-/r"'%o& #' "%'("r !#/" #&$ +#%!%&, # /o. 'o '(" '"&#&' #' '(" '"&#&'D-
!#/" o0 r"-%$"&/" or !#/" o0 3*-%&"--; or
c# 72 the "lace o2 residence or 5usiness cannot 5e ascertained, or # "r-o& o0 -*%'#3!" #," or $%-/r"'%o& /#&&o' 3"
0o*&$ '("r", 5! "osting a co"! in a cons"icuous "lace on the leased "ro"ert!, $"!%)"r%&, # /o. 'o # "r-o& '("r"
r"-%$%&,, %0 '(" "r-o& /#& 3" 0o*&$, and mailing a co"! to the tenant at the "lace Dhere the leased "ro"ert! is situated.
0. 4erBice u"on a su5tenant ma! 5e made in the same manner as "roBided in su5section (.
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3. B"0or" #& or$"r 'o r"+o)" a tenant is issued "ursuant to su5section + o2 N)4 4,.0+3, a landlord shall 2ile Dith the
court a "roo2 o2 serBice o2 an! notice required 5! that -"/'%o&6 B"0or" # "r-o& +#. 3" r"+o)"$ #- r"-/r%3"$ %& NRS
5062;0 'o 506520, %&/!*-%)", # !#&$!or$ -(#!! 0%!" 1%'( '(" /o*r' roo0 o0 -"r)%/" o0 #&. &o'%/" r"C*%r"$ *r-*#&' 'o
NRS 5062EE6 E@/"' #- o'("r1%-" ro)%$"$ %& -*3-"/'%o& 5, '(%- roo0 +*-' /o&-%-' o04
a# < statement, signed 5! the tenant and a Ditness, acGnoDledging that the tenant receiBed the notice on a s"eci2ied date@
5# < certi2icate o2 mailing issued 5! the :nited 4tates $ostal 4erBice@ or
c# -he endorsement o2 a sheri22, consta5le or other "rocess serBer stating the time and manner o2 serBice.
4. 72 serBice o2 the notice Das not deliBered in "erson to a tenant Dhose rent is reserBed 5! a "eriod o2 ( DeeG or less and
the tenanc! has not continued 2or more than 4+ da!s, "roo2 o2 serBice must include:
a# < certi2icate o2 mailing issued 5! the :nited 4tates $ostal 4erBice or 5! a "riBate "ostal serBice to the landlord or the
landlordQs agent@ or
5# -he endorsement o2 a sheri22 or consta5le stating the:
(# -ime and date the request 2or serBice Das made 5! the landlord or the landlordQs agent@
0# -ime, date and manner o2 the serBice@ and
3# .ees "aid 2or the serBice.I
R
N)4 ((*<.43, .ailure o2 tenant to com"l! Dith rental agreement or "er2orm 5asic o5ligations:
-ermination o2 rental agreement.
(. E/ce"t as otherDise "roBided in this cha"ter, i2 the tenant 2ails to com"l! Dith the rental
agreement or 2ails to "er2orm his or her 5asic o5ligations under this cha"ter, the landlord ma!
deliBer a Dritten notice to the tenant s"eci2!ing the acts and omissions constituting the 5reach
and that the rental agreement Dill terminate as "roBided in this section. 72 the 5reach is
remedia5le and the tenant does not adequatel! remed! the 5reach or use his or her 5est e22orts to
remed! the 5reach Dithin + da!s a2ter recei"t o2 the notice, or i2 the 5reach cannot 5e remedied,
the landlord ma! terminate the rental agreement.
0. 72 the tenant is not reasona5l! a5le to remed! the 5reach, the tenant ma! aBoid termination
o2 the rental agreement 5! authoriPing the landlord to enter and remed! the 5reach and 5!
"a!ing an! reasona5le e/"enses or damages resulting 2rom the 5reach or the remed! thereo2.
NorthDinds and NC4 2ailed to com"l! Dith N)4 ((*<.43,(# to the e/tent it eBen a""lies her#
in that in no Da! did it IdeliBer a Dritten notice to the tenant -"/%0.%&, '(" #/'- #&$ o+%--%o&-
constituting the 5reachI. NorthDinds sim"l! Drote Isee attachedI, a2ter "aragra"h ' o2 teh
'3(43(0 Notice, Dhich reads I'. )emained in "osssession o2 the "remises su5Hect to the
"roBisions o2 Cha"ter ((*< o2 the N)4 a2ter haBing 2ailed ot "er2rom the 5asic or contractual
o5ligations im"osed u"on !ou 5! that Cha"ter, namel!: 4EE <--<C8ED#I and then NC4, at
most, include a co"! o2 the I)ental <greementI Dith its 2iling o2 this Notice to the )9C, Dhich
in no Da! s"eci2ies Dhat as"ect o2 that )ental <greement Coughlin is "ur"ortedl! in 5reach o2,
or Dhat 2acts su""orts such an allegation.
<n! %rder he is Boid or su5Hect oa N)C$ ',5 set aside 5ased u"on the 2raud o2 NC4 and ;ra!
in l!ing Dhere he declares under "enalt! o2 "erHur!# to haBe I"ersonall! serBedI Coughlin the +
da! notie on '3(43(0, and under N)C$ ',54 Boid 2or lacG o2 Hurisdiction Dhere NC4 2ailed to
s"eci2! in the CanldordFs <22idaBit all that required under N)4 4,.0+3. and 2or so man! other
reasons, such at ((*< does not a""l! i2 the rental is deemed to 5e not e IdDellingI, and that an
illegal locGout is not aBaila5le eBen i2 Coughlin is ruled to haBe 5een Iusing as a residenceI the
rental, should the rental 5e a Istorage 2acilit!I Dhich Cit! o2 )eno Code En2orcement does not
BieD it to 5e...and .urther, 5! NorthDinds Ber! oDn descri"tiBes, it is a garage, one the! held
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out to the "u5lic 2or more than mere I"arGing a carI, and as such, under N)4 4,.7', and
(,*.4733, (,*.47+ and N)4 4,.7', are not eBen aBaila5le to NorthDind. -he!. <re. 4tucG.
Deal ;ith 7t.
NRS 10?65722 TF#/%!%'.A $"0%&"$6 T.acilit!U means real "ro"ert! diBided into indiBidual storage s"aces. -he term does not include a garage or
NRS 10?65757 TS'or#," -#/"A $"0%&"$6 T4torage s"aceU means a s"ace used 2or storing "ersonal "ro"ert!, Dhich is rented or leased to an indiBidual
NRS 10?657E U-" o0 -'or#," -#/" 0or r"-%$"&/" ro(%3%'"$; ")%/'%o&; &#'*r" o0 0#/%!%'.; "00"/' o0 %--*#&/" o0
$o/*+"&' o0 '%'!" 0or ro"r'.6
(. < "erson shall not use a storage s"ace at a 2acilit! 2or a residence. -he oDner o2 such a 2acilit! shall eBict an!
"erson Dho uses a storage s"ace at the 2acilit! as a residence in the manner "roBided 2or in N)4 4,.7',.
NRS 10?657EE Co&'"&'- o0 r"&'#! #,r""+"&'6
(. Each rental agreement must 5e in Driting and must contain:
a# < "roBision "rinted in a siPe equal to at least (,6"oint t!"e that states, T7- 74 :NC<;.:C -% :4E < 4-%)<>E
4$<CE 7N -874 .<C7C7-= <4 < )E47DENCE.U
MISCELLANEOUS :ROVISIONS
(. ;hen a "erson is using a storage s"ace at a 2acilit! as a residence, the oDner or the oDnerQs agent shall serBe or haBe
serBed a notice in Driting Dhich directs the "erson to cease using the storage s"ace as a residence no later than 04 hours
a2ter receiBing the notice. -he notice must adBise the "erson that:
a# N)4 (,*.47+ requires the oDner to asG the court to haBe the "erson eBicted i2 the "erson has not ceased using the
storage s"ace as a residence Dithin 04 hours@ and
5# -he "erson ma! continue to use the storage s"ace to store the "ersonQs "ersonal "ro"ert! in accordance Dith the
rental agreement.
0. 72 the "erson does not cease using the storage s"ace as a residence Dithin 04 hours a2ter receiBing the notice to do
so, the oDner o2 the 2acilit! or the oDnerQs agent shall a""l! 5! a22idaBit 2or summar! eBiction to the Hustice o2 the "eace
o2 the toDnshi" Dherein the 2acilit! is located. -he a22idaBit must contain:
a# -he date the rental agreement 5ecame e22ectiBe.
5# < statement that the "erson is using the storage s"ace as a residence.
c# -he date and time the "erson Das serBed Dith Dritten notice to cease using the storage s"ace as a residence.
d# < statement that the "erson has not ceased using the 2acilit! as a residence Dithin 04 hours a2ter receiBing the
notice.
3. :"on recei"t o2 such an a22idaBit the Hustice o2 the "eace shall issue an order directing the sheri22 or consta5le o2
the count! to remoBe the "erson Dithin 04 hours a2ter recei"t o2 the order. -he sheri22 or consta5le shall not remoBe the
"ersonQs "ersonal "ro"ert! 2rom the 2acilit!.
4. .or the "ur"oses o2 this section:
a# T.acilit!U means real "ro"ert! diBided into indiBidual storage s"aces. -he term does not include a garage or
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5# T4torage s"aceU means a s"ace used 2or storing "ersonal "ro"ert!, Dhich is rented or leased to an indiBidual
<dded to N)4 5! (9*9, 0(3@ < 0,((, (*3,#
It is required that all process servers are licensed and 2! or over! t"o#years e$perience as a process server and insurance against
lia%ility to third persons "ith limits of no less then &200!000. No %onding is required. 'o"ever! applicants must deposit &7(0 upon
su%mitting their application to pay for a %ac)ground investigation! the ma$imum an applicant can %e charged for a %ac)ground chec)
is &(00. *pplicants must also pass a "ritten application and may %e required to pass an oral e$am as "ell. +icenses are issued %y
the Nevada ,rivate Investigator-s +icensing .oard. Nevada is the most e$pensive state in the nation to get licensed. /Nevada Revised
Statutes 0641.0 and 0641.2(3
4N)4 4,.0+3 :nlaD2ul detainer: 4u""lemental remed! o2 summar! eBiction and e/clusion o2
(. E/ce"t as otherDise "roBided in su5section (,, in addition to the remed! "roBided in N)4
4,.0+(0 and 4,.09, to 4,.40,, inclusiBe, Dhen the tenant o2 an! dDelling, a"artment, mo5ile
home, recreational Behicle or commercial "remises Dith "eriodic rent reserBed 5! the month or
an! shorter "eriod is in de2ault in "a!ment o2 the rent, the landlord or the landlordQs agent,
unless otherDise agreed in Driting, ma! serBe or haBe serBed a notice in Driting, requiring in the
alternatiBe the "a!ment o2 the rent or the surrender o2 the "remises:
a# <t or 5e2ore noon o2 the 2i2th 2ull da! 2olloDing the da! o2 serBice@ or
5# 72 the landlord chooses not to "roceed in the manner set 2orth in "aragra"h a# and the rent is
reserBed 5! a "eriod o2 ( DeeG or less and the tenanc! has not continued 2or more than 4+ da!s,
at or 5e2ore noon o2 the 2ourth 2ull da! 2olloDing the da! o2 serBice.
X <s used in this su5section, Tda! o2 serBiceU means the da! the landlord or the landlordQs agent
"ersonall! deliBers the notice to the tenant. 72 "ersonal serBice Das not so deliBered, the Tda! o2
serBiceU means the da! the notice is deliBered, a2ter "osting and mailing "ursuant to su5section
0, to the sheri22 or consta5le 2or serBice i2 the request 2or serBice is made 5e2ore noon. 72 the
request 2or serBice 5! the sheri22 or consta5le is made a2ter noon, the Tda! o2 serBiceU shall 5e
deemed to 5e the da! ne/t 2olloDing the da! that the request is made 2or serBice 5! the sheri22 or
consta5le.
0. < landlord or the landlordQs agent Dho serBes a notice to a tenant "ursuant to "aragra"h 5# o2
su5section ( shall attem"t to deliBer the notice in "erson in the manner set 2orth in "aragra"h a#
o2 su5section ( o2 N)4 4,.0*,. 72 the notice cannot 5e deliBered in "erson, the landlord or the
landlordQs agent:
a# 4hall "ost a co"! o2 the notice in a cons"icuous "lace on the "remises and mail the notice 5!
oBernight mail@ and
5# <2ter the notice has 5een "osted and mailed, ma! deliBer the notice to the sheri22 or
consta5le 2or serBice in the manner set 2orth in su5section ( o2 N)4 4,.0*,. -he sheri22 or
consta5le shall not acce"t the notice 2or serBice unless it is accom"anied 5! Dritten eBidence,
signed 5! the tenant Dhen the tenant tooG "ossession o2 the "remises, that the landlord or the
landlordQs agent in2ormed the tenant o2 the "roBisions o2 this section Dhich set 2orth the laD2ul
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"rocedures 2or eBiction 2rom a short6term tenanc!. :"on acce"tance, the sheri22 or consta5le
shall serBe the notice Dithin 4* hours a2ter the request 2or serBice Das made 5! the landlord or
the landlordQs agent.
3. < notice serBed "ursuant to su5section ( or 0 must:
a# 7denti2! the court that has Hurisdiction oBer the matter@ and
5# <dBise the tenant:
(# %2 the tenantQs right to contest the matter 5! 2iling, Dithin the time s"eci2ied in su5section (
2or the "a!ment o2 the rent or surrender o2 the "remises, an a22idaBit Dith the court that has
Hurisdiction oBer the matter stating that the tenant has tendered "a!ment or is not in de2ault in
the "a!ment o2 the rent@
0# -hat i2 the court determines that the tenant is guilt! o2 an unlaD2ul detainer, the court ma!
issue a summar! order 2or remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2
the tenant, directing the sheri22 or consta5le o2 the count! to remoBe the tenant Dithin 04 hours
a2ter recei"t o2 the order@ and
3# -hat, "ursuant to N)4 ((*<.39,, a tenant ma! seeG relie2 i2 a landlord unlaD2ull! remoBes
the tenant 2rom the "remises or e/cludes the tenant 5! 5locGing or attem"ting to 5locG the
tenantQs entr! u"on the "remises or Dill2ull! interru"ts or causes or "ermits the interru"tion o2
an essential serBice required 5! the rental agreement or cha"ter ((*< o2 N)4.
4. 72 the tenant 2iles such an a22idaBit at or 5e2ore the time stated in the notice, the landlord or the
landlordQs agent, a2ter recei"t o2 a 2ile6stam"ed co"! o2 the a22idaBit Dhich Das 2iled, shall not
"roBide 2or the nonadmittance o2 the tenant to the "remises 5! locGing or otherDise.
+. :"on noncom"liance Dith the notice:
a# -he landlord or the landlordQs agent ma! a""l! 5! a22idaBit o2 com"laint 2or eBiction to the
Hustice court o2 the toDnshi" in Dhich the dDelling, a"artment, mo5ile home or commercial
"remises are located or to the district court o2 the count! in Dhich the dDelling, a"artment,
mo5ile home or commercial "remises are located, DhicheBer has Hurisdiction oBer the matter.
-he court ma! thereu"on issue an order directing the sheri22 or consta5le o2 the count! to
remoBe the tenant Dithin 04 hours a2ter recei"t o2 the order. -he a22idaBit must state or contain:
(# -he date the tenanc! commenced.
0# -he amount o2 "eriodic rent reserBed.
3# -he amounts o2 an! cleaning, securit! or rent de"osits "aid in adBance, in e/cess o2 the 2irst
monthQs rent, 5! the tenant.
4# -he date the rental "a!ments 5ecame delinquent.
+# -he length o2 time the tenant has remained in "ossession Dithout "a!ing rent.
'# -he amount o2 rent claimed due and delinquent.
7# < statement that the Dritten notice Das serBed on the tenant in accordance Dith N)4 4,.0*,.
*# < co"! o2 the Dritten notice serBed on the tenant.
9# < co"! o2 the signed Dritten rental agreement, i2 an!.
5# E/ce"t Dhen the tenant has timel! 2iled the a22idaBit descri5ed in su5section 3 and a 2ile6
stam"ed co"! o2 it has 5een receiBed 5! the landlord or the landlordQs agent, and e/ce"t Dhen
the landlord is "rohi5ited "ursuant to N)4 ((*<.4*,, the landlord or the landlordQs agent ma!,
in a "eacea5le manner, "roBide 2or the nonadmittance o2 the tenant to the "remises 5! locGing or
otherDise.
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'. :"on the 2iling 5! the tenant o2 the a22idaBit "ermitted in su5section 3, regardless o2 the
in2ormation contained in the a22idaBit, and the 2iling 5! the landlord o2 the a22idaBit "ermitted 5!
su5section +, the Hustice court or the district court shall hold a hearing, a2ter serBice o2 notice o2
the hearing u"on the "arties, to determine the truth2ulness and su22icienc! o2 an! a22idaBit or
notice "roBided 2or in this section. 72 the court determines that there is no legal de2ense as to the
alleged unlaD2ul detainer and the tenant is guilt! o2 an unlaD2ul detainer, the court ma! issue a
summar! order 2or remoBal o2 the tenant or an order "roBiding 2or the nonadmittance o2 the
tenant. 72 the court determines that there is a legal de2ense as to the alleged unlaD2ul detainer,
the court shall re2use to grant either "art! an! relie2, and, e/ce"t as otherDise "roBided in this
su5section, shall require that an! 2urther "roceedings 5e conducted "ursuant to N)4 4,.09, to
4,.40,, inclusiBe. -he issuance o2 a summar! order 2or remoBal o2 the tenant does not "reclude
an action 5! the tenant 2or an! damages or other relie2 to Dhich the tenant ma! 5e entitled. 72 the
alleged unlaD2ul detainer Das 5ased u"on su5section + o2 N)4 4,.0+(4, the re2usal 5! the court
to grant relie2 does not "reclude the landlord therea2ter 2rom "ursuing an action 2or unlaD2ul
detainer in accordance Dith N)4 4,.0+(.
7. -he tenant ma!, u"on "a!ment o2 the a""ro"riate 2ees relating to the 2iling and serBice o2 a
motion, 2ile a motion Dith the court, on a 2orm "roBided 5! the clerG o2 the court, to dis"ute the
amount o2 the costs, i2 an!, claimed 5! the landlord "ursuant to N)4 ((*<.4', or ((*C.03, 2or
the inBentor!, moBing and storage o2 "ersonal "ro"ert! le2t on the "remises. -he motion must 5e
2iled Dithin 0, da!s a2ter the summar! order 2or remoBal o2 the tenant or the a5andonment o2
the "remises 5! the tenant, or Dithin 0, da!s a2ter:
a# -he tenant has Bacated or 5een remoBed 2rom the "remises@ and
5# < co"! o2 those charges has 5een requested 5! or "roBided to the tenant,
X DhicheBer is later.
*. :"on the 2iling o2 a motion "ursuant to su5section 7, the court shall schedule a hearing on the
motion. -he hearing must 5e held Dithin (, da!s a2ter the 2iling o2 the motion. -he court shall
a22i/ the date o2 the hearing to the motion and order a co"! serBed u"on the landlord 5! the
sheri22, consta5le or other "rocess serBer. <t the hearing, the court ma!:
a# Determine the costs, i2 an!, claimed 5! the landlord "ursuant to N)4 ((*<.4', or ((*C.03,
and an! accumulating dail! costs@ and
5# %rder the release o2 the tenantQs "ro"ert! u"on the "a!ment o2 the charges determined to 5e
due or i2 no charges are determined to 5e due.
9. < landlord shall not re2use to acce"t rent 2rom a tenant that is su5mitted a2ter the landlord or
the landlordQs agent has serBed or had serBed a notice "ursuant to su5section ( i2 the re2usal is
5ased on the 2act that the tenant has not "aid collection 2ees, attorne!Qs 2ees or other costs other
than rent, a reasona5le charge 2or late "a!ments o2 rent or dishonored checGs, or a securit!. <s
used in this su5section, Tsecurit!U has the meaning ascri5ed to it in N)4 ((*<.04,.
(,. -his section does not a""l! to the tenant o2 a mo5ile home lot in a mo5ile home "arG or to
the tenant o2 a recreational Behicle lot in an area o2 a mo5ile home "arG in this 4tate other than
an area designated as a recreational Behicle lot "ursuant to the "roBisions o2 su5section ' o2
N)4 4,.0(+.
<dded to N)4 5! (9'7, (9+@ < (9'9, 0'3, +7+@ (973, (,*+@ (97+, (0,0@ (977, 4(*, (34'@
(979, (39*, (*79@ (9*+, 009@ (9*7, (039@ (9*9, (,*0, (030@ (99(, ((3@ (99+, (*+(@ (997,
3+((@ (999, 9*(@ 0,,9, (9''@ 0,((, 03+, (4*9#
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tenant 2rom certain t!"es o2 "ro"ert!. E/ce"t as otherDise "roBided 5! s"eci2ic statute, in
addition to the remed! "roBided in N)4 4,.0+( and in N)4 4,.09, to 4,.40,, inclusiBe, Dhen
the tenant o2 a dDelling unit Dhich is su5Hect to the "roBisions o2 cha"ter ((*< o2 N)4, "art o2 a
loD6rent housing "rogram o"erated 5! a "u5lic housing authorit!, a mo5ile home or a
recreational Behicle is guilt! o2 an unlaD2ul detainer, the landlord is entitled to the summar!
"rocedures "roBided in N)4 4,.0+3 e/ce"t that:
(. ;ritten notice to surrender the "remises must:
a# Be giBen to the tenant in accordance Dith the "roBisions o2 N)4 4,.0*,@
5# <dBise the tenant o2 the court that has Hurisdiction oBer the matter@ and
c# <dBise the tenant o2 the tenantQs right to contest the notice 5! 2iling Dithin + da!s an
a22idaBit Dith the court that has Hurisdiction oBer the matter that the tenant is not guilt! o2 an
unlaD2ul detainer.
0. -he a22idaBit o2 the landlord or the landlordQs agent su5mitted to the Hustice court or the
district court must contain:
a# -he date Dhen the tenanc! commenced, the term o2 the tenanc!, and, i2 an!, a co"! o2 the
rental agreement.
5# -he date Dhen the tenanc! or rental agreement allegedl! terminated.
c# -he date Dhen the tenant 5ecame su5Hect to the "roBisions o2 N)4 4,.0+( to 4,.0+(',
inclusiBe, together Dith an! su""orting 2acts.
d# -he date Dhen the Dritten notice Das giBen, a co"! o2 the notice and a statement that notice
Das serBed in accordance Dith N)4 4,.0*,.
e# < statement that the claim 2or relie2 Das authoriPed 5! laD.
3. 72 the tenant is 2ound guilt! o2 unlaD2ul detainer as a result o2 the tenantQs Biolation o2 an! o2
the "roBisions o2 N)4 4+3.,(( to 4+3.++0, inclusiBe, e/ce"t N)4 4+3.33', the landlord is
entitled to 5e aDarded an! reasona5le attorne!Qs 2ees incurred 5! the landlord or the landlordQs
agent as a result o2 a hearing, i2 an!, held "ursuant to su5section ' o2 N)4 4,.0+3 Dherein the
tenant contested the eBiction.
<dded to N)4 5! (9*+, 007@ < (9*9, (,*4, (034@ (99(, ((+@ (99+, (*+3@ 0,,(, (,'+@ 0,,3,
+'(#I
7 ;%:CD C7AE -% AN%; ;8= -8E .7CE 7N )9C )EV0,(06,,(,4*
8<4 ?= ' $<>E .<& %. 9:NE 3,-8, 0,(0 <ND $CE<4E N%-E
-8E C7?7-ED %) 4$EC7<C <$$E<)<NCE N<-:)E %. -8<-
.7C7N> 7N -8E N%-E <- -8E B%--%? %. -8E .7)4- $<>E....=E-
7- 74 N%- .7CE 4-<?$ED, <ND 7 ;<4 NEVE) C<CCED, %)
.<&ED, %) N%-7.7ED 7N <N= ;<= C%NCE)N7N> -8E
4C8ED:C7N> %. ?= C%N4-7-:-7%N<CC= >:<)<N-EED
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8E<)7N> BE.%)E < 4:??<)= EV7C-7%N %) 4-<-:4 %. ?=
7.$ )EE:E4-.
?= $%47-7%N 74 -8<- 7 <? EN-7-CED -% < 4:??<)=
EV7C-7%N 8E<)7N> %N :N7- 09 <ND -8<- 7- 74 C%N>
%VE)D:E. $CE<4E CE- ?E AN%; ;8EN -8<- 8E<)7N> C<N
-<AE $C<CE. 7 D% N%- BEC7EVE <N= 9:D>E C:))EN-C= 8<4
9:)74D7C-7%N %N 7-, <ND -8<- -8E NE; C<4E, ;7-8 < NE;
C<4E N:?BE) 48%:CD BE I)<ND%?C= <447>NEDI
.urther in the )eno Hustice court 2ile 2or rHc reB0,(06,,(,4* is a tenant a22idaBit and declaration 2rom Coughlin 2a/ed to
the court on 9une 3,, 0,(0 contain si/ "ages it is unclear Dh! Coughlin Das not granted a summar! eBiction hearing as
required 5! laD and Coughlin is here5! demanding one and a Hur! trial Dhich he is entitled to one "ursuant the (9
4eBenties the Court decision and .)C$ rule 3, a.m. that Coughlin is requesting one "rior to the time set 2or hearing thatFs
right 2olGs Dere going to a Hur! trial Dhen NeBada court serBices serBed an amended eBiction notice on 9une 0* Coughlin
there and had 2iBe da!s to 2ile 2or an eBiction summar! eBiction hearing and he did so on 9une 3, Hust 2or the )eno $D
managed commit another Drong2ul arrest o2 Coughlin 2urther there Das Count! Hail 2ailed to trans2er Coughlin 2or the
9ul! + hearing on CoughlinFs motion to set aside the original 9une 07 order hoDeBer the 9une 07 order in this case Das
e/tinguished 5! that "osting o2 an amended locGout notice there2ore and eight itFs not 2ile stam" 5ut it should 5e 5! the
)eno Hustice court the si/ "age 2a/ 5! Coughlin on 9une 3,, 0,(0, though Aaren 4tancil a""ears to haBe handDritten in
the case num5er )9C reB0,(06,,(,4*
$CE<4E N%-E 7 <? :47N> <:D7% D7C-<-7%N -)<N4C)7$-7%N 4%.-;<)E .%) -874
C%))E4$%NDENCE <ND 7- ?7>8- 8<VE 4%?E E))%)4, ;87C8 C%:CD >)E<-C= <C-E) -8E
?E<N7N>, <4 7 D%NF- 8<VE -7?E -% C%))EC- -8E? )7>8- N%;.
additional! -8E)E ;<4 4EVE)<C .<&E4 -% -8E )9C C7V7C D7V747%N B= C%:>8C7N %N %) <B%:-
9:NE (3-8, 0,(0, <ND C%:>8C7N )EE:E4-4 < C%$= %. -8%4E %) 4%?E 7ND7C<-7%N %. ;8= -8E=
;E)E N%- .7CED <ND C%:>8C7N ;7CC C8ECA 874 %;N )EC%)D4 7N -8<- )E><)D ;8EN 8E 8<4
-7?E...8%;EVE), -% -8E E&-EN- %NE %. -8%4E .7C7N>4 ;<4 < -EN<N-F4 <..7D<V7- D7)EC-ED
-%;<)D4 :N7- 09, C%-4 %. $)%CED:)<C 7?$C7C<-7%N4 ;7CC 4-E?.
N%)-8;7ND <$<)-?EN-
<44%C CCC
(,3( &$)E44
N%)-8;7ND CCC
((, ((,-8 <VE NE 4-E
++,
BECCEV:E, ;< 9*,,4
Descri"tion 4ummar!
74,4,
,43,(3(997 (0:,,:,, <? E/"iration Date: ,43,(30,,0
Business Name: N%)-8;7ND <$<)-?EN-4 %Dners: N%)-8;7ND <$<)-?EN- <44%C7<-E4, CCC
s .irm Name 6 Counter 6 (,93+(
.iling 7n2ormation
.iling Num5er
(,93+(
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.iling Date
,33('30,,' (0:,,:,, <?
E/"iration Date
,33('30,((
Business 7n2ormation
Business Name
)EN% )ED B%%A
%Dner 7n2ormation
%Dner3Cor"orate Name
9E..)E= > C8<NDCE) u
(,4,*+
(03,*30,,4 (0:,,:,, <? E/"iration Date: (03,*30,,9
Business Name: B%--4 C<ND= C%?$<N= %Dners: 9ENN7.E) V C8<NDCE), C7ND= ) V<NDE)Z7EC
8im and him and him and him motion a set o2 societ! eBiction order o2 the num5er o2 5ases one it Dent uno""osed and
hundred $olG case Coughlin Dins in that regard to the notice o2 hearing 5! the )eno Hustice court is dated 9ul! 3(,
0,(0 are not as o2 the hearing on 9ul! 0(, 0,(0 stated 9ul! 04, 0,(0 and him notices on Dhat the hearing is limited
to quote !ou ma! a""ear on the data shoD cause Dh! the court should or should not grant motion to sta! the eBiction
order in the motion 2or e/"edited relie2 2olloDing legal lot coBerage utilit! shut o22. 72 !ou the. ?ust 5e "re"ared
to "roBide testimonial documentar! eBidence the court Dhich torture "osition i2 he 2ailed to a""ear Garmic
renoBation Dould 2orm a dismiss case. ;ith Dhat the notice does not sa! is that the hearing Dill address the motion
to set aside eBiction order Coughlin 2iled on 9ul! 04, 0,(0 and that Dhich and 2or Dhich noD he request the court to
rule in his 2aBor or at least "roBide hearing or at the Ber! and 2or or at the Ber! least require NorthDind and3or
their quali2ied attorne!s or DhoeBer to 2ile an o""osition something under o2 e/"laining Dh! their are three
se"arate notices 2or her three se"arate "rocess a22idaBits o2 serBice 2or the 9une (4, 0,(0 "ersonal serBice o2 a
2iBe6da! unlaD2ul detainer a22idaBit 5! )o5ert )a! o2 NeBada court serBices thatFs right thereFs three se"arate ones
and CoughlinFs "ossession noD and the! 5ear di22erent things as Dell isnFt that interesting hal2 add to that the
2act that NeBada court serBices agreed Dith CoughlinFs assessment that its original on 9une (4 notice o2 unlaD2ul
detainer 2ailure to Bacate "remises Das ine22ectiBe and that it listed the Drong 2orum is or court 2or the tenant to
2ile a tenant at search engines a22idaBit as required 5! laD under 4,.0+3 thatFs not something the Hudge "iercing
can e/cised 2rom the laD or legislate 2rom the 5ench out o2 e/istence that is a laD. -he )eno Hustice court does not
haBe Hurisdiction Dith the notice last 4"arGs Hustice court the 2ugitiBe document 2or the landlord to 2ile it
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landlordFs a22idaBit and then to manage to get Coughlin arrested 5ased u"on a Boid order that should neBer issued
Hudge 4hrader "articularl! Dhere su"erBisor o2 the s!lla5le diBision Aaren 4tancil Das alerted and Dell in adBance
5! Coughlin through "hone calls and mid69une in that 9une 0' o2 Dritten corres"ondence to the court that included in
the 2ile on the le2t side o2 the corres"ondence and Dhere the 4"arGs Hustice court itsel2 2a/ the )eno Hustice court
that a 2a/ alerting it to the "ro5lematic as"ects o2 the 9une (4 notice Coughlin Das arrested he Dent to Hail he
"aid 5ail he did time incurred massiBe damages itFs a""alling 2or Hudge "iercing to ignore all this Dhile also
sanctioning the unauthoriPed "ractice o2 laD 5! 9e22 Chandler NeBada court serBices Dho dress u" liGe the! are
4heri22Fs and managed to the Dord court into their name and 5ang on "eo"le store and leaBe o22 the NeBada "art so
much so that it and it seems as though the! are actuall! acting Dith color o2 laD in the screening !ou to come out
o2 !our house and 5ang on the door "arted sounds liGe the! are cost o2 the 4heri22 and haBe to do e/actl! Dhat !ou
said. -hose 2eD Dho donFt NeBada court serBices has something u" their sleeBe in the 2orm o2 attem"ting to 5reaG and
enter and oneFs residence or se/ serBice o2 "rocess 5! as NeBada court serBices has done to Coughlin on numerous
occasions sometimes ca"tured on Bideota"e 2urther NeBada court serBices is tres"assed on numerous occasions liGe
o22ice "ro"ert! Coughlin hoDeBer is the onl! one DhoFs arrested and conBicted tres"assing and had re"orted rehashes
"atent trademarG o22ice and had im"act his a5ilit! to "ractice his chosen "ro2ession 2or Dhich he has to does haBe a
laD license and actuall! did that a lot 2our. .urther thereFs initial con2lict in the Hudge "iercing DorG to the
district attorne!s o22ice 2irst (0 !ears o2 his career and the ;ashoe Count! 4heri22 and "otentiall! ;ashoe Count!
District <ttorne!Fs %22ice ma! haBe it engages the misconduct in connection Dith the a""ro/imatel! (, di22erent
incarcerations Coughlin s"ace this !ear most all connected one Dhere another -o the ;a!, )eno Hustice court handles
landlord6tenant matters or 2ails to a""l! the laD as Dritten and created 5! the assem5l! the 4enate i.e. the
legislature NeBada and Carson Cit! to 5e clear NeBada court serBices recogniPe the Balidit! o2 CoughlinFs argument
that Dhen he announced to them on 9une 0* at a""ro/imatel! (, <? to (,:4+ <? is Dhere Coughlin "ointed out that
the
the 9une (4 notice listed 4"arGs Hustice court that NeBada court serBices res"onded 5! serBing in the amended
declaration o2 serBice 5! license "rocess serBer on 9une 0* there5! Bitiate in an! order locGout order rescinding
and DaBing it etc. etc. 9une 0*, 0,(0 2a/ 2rom the 4"arGs Hustice court to the )eno Hustice court contains a 2a/
Coughlin sent the 4"arGs Hustice court on 9une 0' that at (0 $? noon o2 that date that 2action Coughlin Das (, "ages
the 2acts 2rom the 4"arGs Hustice court the )eno Hustice court Das a""arentl! (3 "ages no num5er o2 those "ages are
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not included in the 2ile o2 this matter and the )eno Hustice court 5acG to the three di22erent notices o2 unlaD2ul
detainer either stam"ed 5! D Dhich doesnFt count 5! the Da! one needs to sign something attorne!s donFt get a stam"
things and 2ile them and then later on claim the! didnFt commit commit misconduct or her "erHur! or rule ((
Biolation merel! 5ecause it is sign something NeBada court serBices continues to Hust "ut stam"s instead o2 actual
signatures and thatFs an a""ro"riate and under the <iGen case is in NeBada and summar! o2 "roceedings the technical
as"ects o2 notice and due "rocess requirements must 5e strictl! adhered to not run out Dith the 5athDater 5! Hudge
$earson 5ecause he either doesnFt liGe o226line or thinGs Coughlin doesnFt deserBe due "rocess o2 the laD article
"rotection 5ecause CoughlinFs an attorne! !ou GnoD CoughlinFs not a license attorne! currentl! needs not a5le to
maGe attorne! mone! or do attorne! things or eBen commit the unauthoriPed "ractice o2 laD Dith im"unit! liGe NeBada
court serBices 5ecause GnoD Coughlin !ou GnoD o2 Coughlin Das to do so the 4tate Bar Dould 2ind it to 5e a contem"t.
.urther Hudge $earsonFs order 2or summar! eBiction o2 9ul! 3( is Boid in seBeral res"ects one it "ur"orts rule one
units 097( Dhen unit 7( is not "ro"erl! 5e2ore the court unit 7( has its oDn case num5ers o2 reB0,(06,,'7 and
reB0,(06,,(,*0 the multi"lict! is due to, as here, -8E )9C shortcutting due "rocess as"ects o2 the "rocess,
Dhererin I%rdersI 5! 9udges "aid quite a 5it o2 mone! are nothing more than handDritten notes on CoughlinFs oDn
2ilings...4ome o2 those such Inote %)dersI 5! 9udge 4chroeder resulte in con2using Bis a Bis Dhether CoguhlinFs
7.$Fs Dere granted, and necessitated the 2iling o2 com"anion cases 2or units 4+ and 7( in reB0,(06,,'7 and reB0,(6
,,'* in reB0,(06,,(,*0 and reB0,(06,,(*3. -o sim"l! maGe Coughlin sca"egoated all medicine 5lame him 2or taGing
o2
regardless the 9ul! 3( order 5! Hudge $earson in reB 0,(0 Y ,, (,4* "ur"orts rule on matters not noticed in the 9ul!
04 notice s"eci2icall! in that order Dhich reads the court 2inds eBiction Das a""ro"riate motion to sta! eBiction
order denied motion to set aside eBiction order denies motion to contest "ersonal "ro"ert! lien denied motion on
illegal locGout denied tenant haBe alDa!s "ro"ert! remoBed is 097( 5! + $? on <ugust +, 0,(0 onl! a5out hal2 o2 that
order Das "ro"erl! 5e2ore the court notice litigants that 7Fm Dhat Das notice to the litigants in the 9ul! 04 notice
Das that the hearing Dould 5e limited to the motion to sta! eBiction order in a motion 2or e/"edited relie2
2olloDing illegal locGout utilit! shuto22 hoDeBer the order Dent on to rule on matters non6there and noticed
including the motion to set aside the eBiction order the motion to contest "ersonal "ro"ert! lien and that matters
related to the "ro"ert! o2 a unit not eBen inBolBed in a case num5er unit 7( 2urther there required Coughlin a hu5
<llis "ro"ert! remoBed eBen earlier than the laD requires giBen that a2ter the 3, da! "lan under N)4 ((* <.4', the
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landlord ma! not dis"ose o2 the "ro"ert! until (4 da!s o2 "ass 2rom mailing to the tenant last GnoDn address a
certi2ied letter. 4o there and again Hudge $earson is Biolating the laD in 2ailing to a""l! eBenl! to Coughlin in
2act heFs attem"ting to e/Cise "rotections accorded and Coughlin under NeBadaFs landlord tenant laD Dhich is the
most "ro6landlord laD set o2 laDs in the countr! 5ut thatFs not good enough 2or Hudge "iercing he Dants to cut eBen
more "rotections out o2 it Dhen it comes to Coughlin and the reasoning 5ehind that is not clear though Coughlin has
had some issues Dith ;ashoe Count! District <ttorne!Fs %22ice this !ear in Hudge $earson did s"end the 2irst (0
!ears o2 his career there.
<ttached in e/hi5it a are the three di22erent 9une (4 declarations o2 serBice 5! license "rocess serBer )o5ert or )!anJ#
;ra! ..-hatFs right, Coughlin has in his "ossession three di22erent N%tice o2 :D dated '3(43(0 and either Istam"edI Dith
I). ;a!I or actuall! containing a handDritten signature 5! ). ;ra! though the one actuall! signed lacGs a time
indication, and the! all lacG a Imanner o2 serBiceI or an! other "articular 5e!ond 2alsel! attesting to haBe 5een
I"ersonall! serBedI. ;)a! and N%)thDinds manager attem"ted to 5reaG and enter into unit 09 in ho"es o2 e22ecting
I"ersonal serBiceI u"on Coughlin in a unit that had not DindoDs and that had the door closed and locGed and or 5arred.
-hat is a criminal act and Coughlin is noD again here5! com"laining a5out it to the landlrod, so haBe 2un reading N)4
((*<.+(,Fs and N)4 ((*<.39, and 7Fll see !ou in Court, and ;)a!, !ou should "ro5a5l! sel2 re"ort to the "rocess serBer
licensing 5od! and ho"e 2or the 5est. ChecG out the Bideo 2o the '30*3(0 arrest Dherein the ;C4%Fs >omeP and ?achen
tell Chandler to Ilet us do the talGing, 9e22I, then Chandler, dressed u" in an out2it and Dith a com"an! name intended to
connote color o2 laD t!"e authorit!, "ur"orts to tres"ass Coughlin 2rom the Dhole "lace, ie, the entire "remises at ('*,
4G! ?ountain Dr., de"sit Coughlin still haBing, at the time, one, and "erha"s tDo Balid leases, to units 4+ and 7(.
.urther, the ;ashoe Count! Detention Center or Hail tooG a tenanFts a22idaBit 2rom Coughlin on or aoround 9ul! (+th,
0,(0 2or units 4+ and another 2or unit 7( and due to CoughlinFs indigenc!, the Hail li5rar! indicate it Dould 5e 2iled Dith
the rHc....;<s itJ
he Court Dith Hurisdiction. N)4 4,.0+33#a#. %Ne cannot 5e tres"assing in a "lacDe Dhere the!
haBe a Balid reason 2or 5eing or a laD2ul right to 5e. N)4 0,7.0,,, )?C *.(,.,4,.
Aikins v. Andrews, 9( NeB. 74', +40 $.0d 734 (97+#, the 4u"reme C%:li construed the
"redecessor statute to N)4 4,.0+(' to mean that the alternatiBe 2iBe +# da! notice must 5e giBen
'
5e2ore the tenants can 5e dis"ossed and a lease can 5e Balidl! terminated. -he court stated that this
2iBe +# da! notice requirement I ... neither can 5e DaBed nor neglected.I 9( NeB. at 74*.
tt":33DDD.constitution.org3ussc3+,'6,+'a.htm

:.4. 4u"reme Court
4%CD<C B. C%%A C%:N-=, +,' :.4. +' (990#
E07 U6S6 E7 4%CD<C, E- :&. B. C%%A C%:N-=, 7CC7N%74 E- <C.
CE)-7%)<)7 -% -8E :N7-ED 4-<-E4 C%:)- %. <$$E<C4 .%) -8E
4EVEN-8 C7)C:7-
No. 9(6'+('
- 29/34 -
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CONCLUSION
-he undersigned here5! request this Court consider these materials "resented herein in
deciding u"on this matter.
AFFIRMATION AND DECLARATION
I $"/!#r", *r-*#&' 'o NRS E2605E, *&$"r "&#!'. o0 "rB*r. *&$"r '(" !#1- o0 '(" S'#'"
o0 N")#$# '(#' '(" 0or",o%&, %- 'r*" #&$ /orr"/' #&$ '(#' '(%- $o/*+"&' $o"- &o' /o&'#%& #&.
-o/%#! -"/*r%'. &*+3"r-, *r-*#&' 'o NRS 22;B6020, #& #00%r+#'%o& 'o '(#' "00"/' '(%- ("r"3. %-6
Z3s3 Zach Coughlin
Zach Coughlin,
"ro se tenant
- 30/34 -
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$)%%. %. 4E)V7CE
%n this date, 7 caused a co"! o2 the 2oregoing document s to 5e serBed u"on the 2olloDing 5!
2a/ing and emailing to those Dho haBe consented to such serBice and or 5! hand deliBer! to dro"slot
or 2ront desG, and 5! "lacing a true and correct co"! o2 the 2oregoing document in the :.4. mail
addressed to:
N%)-8;7ND <$<)-?EN-
<44%C CCC
(,3( &$)E44
N%)-8;7ND CCC
((, ((,-8 <VE NE 4-E
++,
BECCEV:E, ;< 9*,,4
Descri"tion 4ummar!
74,4,
,43,(3(997 (0:,,:,, <? E/"iration Date: ,43,(30,,0
Business Name: N%)-8;7ND <$<)-?EN-4 %Dners: N%)-8;7ND <$<)-?EN-
<44%C7<-E4, CCC
47+ 4. <rlington <Benue, 4uite (<
)eno, NV *9+,(
77+# 34*67+',
CeDis 4. -aitel, Esq.
<ttorne! at CaD
57E S6 Ar!%&,'o& S*%'" 1A
)eno, NeBada *9+,(
77+# 30060070
F#@4 F77EG 25?<7;77
NeBada 4tate Bar No. 4397
Not sure Dho ?r. -aitel re"resents in this matter, i2 an!one...
- 31/34 -
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57E So6 Ar!%&,'o& S*%'" 1A
)eno, NeBada *9+,(
77+# 34*67+',
-oll .ree# *,,6+7,6++*3
F#@4 F77EG 25?<7;77
Email: neBcs1neBcs.com
J unauthoriPed "ractitioner o2 laD 2or NorthDinds <"artmentsJ
<C>6<?$7, 7N
NorthDinds <"artments
3s3 Zach Coughlin
Zach Coughlin, "ro se tenant
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inde/ to e/hi5its:
e/hi5it ( ++ "ages
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e/hi5it (
- 34/34 -
email this posting to a friend
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$75 One Size Car Garage For Rent (Northwest Reno, NV)
Date: 2012-04-02, 10:02AM PDT
Reply to: see below
[Errors when replying to ads?]
Welcome to Northwind Apartments. We offer storage units to non-Northwind Residents!
If you need more storage, we offer garages to rent for $75 per month. They are a full size single car garage. Most
public storages would charge over $150 dollars for the same size! Our community is located in northwest Reno, right
off of McCarran.
Please call us at (775) 747-9200 or come by. We are located at 1680 Sky Mountain Drive in Northwest Reno.
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Location: Northwest Reno, NV
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i
Sent: Wed 10/10/12 5:38 AM
Division at Sparks Justice Court Hansen,
rental at Northwind Apartments 1680 Sky Mountin Drive unit 29 on June 28th, 2012.
before I was to fax to the RJC, by noon, a Tenant's Answer or MOtion to Dismiss for
arguably needn't have even filed anything in the RJC where the 6/14/12 notice listed
Sparks Justice Court.
Dwane Jakob's attempts to break and enter and trespass into Unit 29 constituted
did not "personally serve" Coughlin, then Coughlin would have had until June 28th,
Justice Court OR EVEN in REno Justice Court. Coughlin was arrested at 10:30 am
on 6/28/12, thereby, under color of law, the WCSO, NCS and NOrthwind and Jakob
espeically in the 6/13/12 faxes that are mysteriously unaccounted for in rJC files) a
version (and all three of these are in the RJC file in rev2012-001048) instead of
Jennifer Chandler, on the one 6/14/12 5 day NOtice (and all version sof this notice
"Jennifer Chandler" rubber stamp is instead taken up by a signature by Nevada Court
Service...."
In the second version of the "notice of Unlawful detainer..." served on June 14th,
was faxed by the Sparks Justice Court to the Reno Justice Court on June 28th, 2012 at
11:05 am, (in a 13 page fax, many pages of which are not in the RJC file, though that
fax does included the header from the fax from Coughlin to the "Sparks Justice Court
of Coguhlin's fax to the Sparks Justice Couer (according to the fax hearders) while
also being page 12 of teh June 28th, 2012 fax from the Sparks Justice court to the
Reno Justice Court. right about the moment Coughlin was being placed in WCSO
IN the Third version of the "Declaration of Service" on the same June 14th, 2012
note of "reg# r043" (obviously, aside from the handwriting "analysis" the handwrittn
12:54 pm.
rental.
NRS 40.400 makes NRCP the applicable rules here, not JCRCP, nor JCRRT:
Rule
Drafters Note
Commentary
(b) Same: How Made.
Nevada.
the court.
and Jeff Chandler's committing the authorized practice of law (what happens to people
others, will be liable.). In the "Affidavit of Landlord for Breach" filed on June 27th,
handwritten "S" in the signature line...but, lets say it was filed by Jeff Chandler, whom
crossed the bar and argued before Judge Pearson on July 31st, 2011 in REv2012-
RPD Alan Weaver and SArgent Oliver Miller, and WCSO Deputy John Machen and
was to have taken place on or before June 13, 2012. That legal notice has been served
on 6/14/12."
law...and in that June 27th, 2012 Affidavit of Landlord Chandler sneakily lists "N/a" in
mysteriously disappeared upon current Manager Dwayne Jakob showing up) or
time, and it read:
Date: 2012-04-02, 10:02AM PDT
Reply to: see below
indicates that it does not apply to "garages". And Judges don't legislate from the
requiring a Complaint with the Judicial Discipline Commission.
HOME
remove.
STATE

The arrest of Coughlin at Northwinds Apartments on June 28th, 2012 by the same
Yet DDA charged Coughlin in the Criminal Complaint in RJC RCR2012-067980 with a different
crime, NRS 199.280:
OTHER OFFENSES
193.130.
for a misdemeanor."
attorney.
Sparks and Reno Justice Courts and the Civil Division of the Washoe County Sheriff's Office.
commits oppression.
misdemeanor.
gross misdemeanor.
Northwind's behalf:
[1911 C&P 67; RL 6332; NCL 10016]
NEvada Court Services regularly attempts to mislead tenant's into thinking the act with color of law. From Joel
support what those at the RJC and in the clueless community at large (which often

and,
Justice Court presently shocks the conscience and violates Nevada law. There is not
Manager Dwayne Jakob attempt to break and enter into my rentals (why is it when
RJC rev2011-0010708, and the Court had failed to return to me at the time of arrest
be served:
consist of:
specified date;
[
of the "Rental Agreement" with its filing of this Notice to the RJC, which in no way
property.
facility.
residence.
(Added to NRS by 1989, 213; A 2011, 1830)
service.
landlords agent.
NRS 40.280.
with NRS 40.251.
whichever is later.
(Added to NRS by 1967, 195; A 1969, 263, 575; 1973, 1085; 1975, 1202; 1977, 418,
1346; 1979, 1398, 1879; 1985, 229; 1987, 1239; 1989, 1082, 1232; 1991, 113; 1995,
1851; 1997, 3511; 1999, 981; 2009, 1966; 2011, 235, 1489)
40.253 except that:
(Added to NRS by 1985, 227; A 1989, 1084, 1234; 1991, 115; 1995, 1853; 2001,
1065; 2003, 561)"
I WOULD LIKE TO KNOW WHY THE FILE IN RJC REV2012-001048 HAS MY 6
PAGE FAX OF JUNE 30TH, 2012 (AND PLEASE NOTE THE LIMITED OR
JUDGE CURRENTLY HAS JURISDICTION ON IT, AND THAT THE NEW
NORTHWIND APARTMENT
ASSOC LLC
1031 XPRESS
NORTHWIND LLC
550
BELLEVUE, WA 98004
Description Summary
74040
Filing Information
Filing Number
109351
Filing Date
03/16/2006 12:00:00 AM
Expiration Date
03/16/2011
Business Name
RENO RED BOOK
Owner Information
104085
went unopposed and
dated J uly 31,
hearing is limited
stay the eviction
prepared
karmic
address the motion
Northwind and/or
three
service of a
separate ones
that the
of unlawful
the tenant to
judge piercing
court does not
it
never issued
in advance
that included in
justice court
to jail he
also
they are
Nevada part so
to come out
exactly what you
on numerous
occasions like
reported rehashes
to does have a
the
Washoe County
different
i.e. the
Coughlin's argument
amended
rescinding
contains a fax
those pages are
unlawful
don't get a stamp
rule 11
instead of actual
bathwater by judge
law article
not able to
to be a contempt.
purports rule one
rev2012-0067 and
process,
Coughlin's own
Coguhlin's
0067 and rev201-
eviction
motion on
about half of that
24 notice
relief
noticed
that matters
Coughlin a hub
118 A.460 the
address a
Coughlin in
which is the
wants to cut even
though Coughlin has
the first 12
Date: Tue, 26 Jun 2012 09:10:14 -0700
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
Date: Tue, 26 Jun 2012 07:58:36 -0700
Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Civil Division
630 Greenbrae Drive
(775)353.7603 Phone
(775)352.3004 Fax
Chris Hansen
Civil
Evictions
Small Claims
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
Sent: Fri 9/21/12 2:36 PM
9/21/12
Reply

Zach Coughlin
Download all as zip


Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402

Date: Mon, 2 Jul 2012 17:21:54 -0700

Hotmail Active View
coughlin ...pdf
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combined ...pdf


In
6

U.S. Supreme Court
SEVENTH CIRCUIT
No. 91-6516
Scott Pearson for J ustice of the Peace Reno J ustice Court

Home
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A Clear Choice

In considering a candidate for J ustice of the Peace it is very important to ask the
candidate if his professionalism or performance has ever been found to be ineffective
or erroneous by a reviewing court.
* Scott has never had one of his trial convictions overturned on appeal.
* Scott has never been found to be ineffective by a court.
* Scott has never received a complaint from the Nevada State Bar.
* Scott's opponent Lewis Taitel has recently been found to have
committed an and error by
the Chief Judge of the Washoe County District Court.
* Taitel caused a " by dismissing a charge
where a defendant strangled his wife. He later pled guilty after charges
were reinstated by the Chief Judge.
* Taitel has committed a record FIVE ethics violations including
making "misleading" statements about his experience, campaigning in
and advertising calculated to give voters the
false impression that Taitel is a full-time judge" Nevada Standing Committee on
Judicial Ethics. Read the most recent decision by clicking this link -
http://www.judicial.state.nv.us/Published%20Decision%2010-8.pdf
Integrity
"egregious", "remarkably bad", "flagrant"
miscarriage of justice"
violation of Nevada law
Scott has the demonstrated integrity to do the right thing.
Scott
Each of the thousands of days I have spent as a prosecutor I have dedicated myself to my
duty to act as "a minister of justice" ensuring "that guilt shall not escape nor innocence
suffer".
During my tenure as a deputy district attorney I have been committed to truth and justice
above all. During that same time my opponents were advocating for criminals. They were not
bound by the same obligation to only seek the truth or justice as in our legal system "defense
counsel has no comparable obligation to ascertain and present the truth."
I am the only candidate who was obligated to judge the facts and evidence in thousands of
cases for more than a decade to determine the truth and to see that "justice is done" for all of
the citizens of Washoe County, not just the criminals.

Close Print
WCSO Deputy Machem's "personally served" Affidavit of
11/ 1/ 2011
Sent: Mon 2/06/12 2:57 AM
To: lstuchell@washoecounty.us; mkandaras@da.washoecounty.us; nvrenopd@coplogic.com;
rsilva@washoecounty.us; kadlicj@reno.gov; fourthestate@gmail.com;
jamesandreboles@msn.com
lstuchell@washoecounty.us mkandara@da.washoecounty.us

Dear IA Supervisor Stuchell and DDA Kandaras,
I realize you will likely not read all of this. The main thing is I am respectfully
requesting that you confirm with Deputy Machem that he did, in fact, "personally
serve" the Summary Eviction Order on me at 121 River Rock St., Reno 89501 on
November 1, 2011 at 4:30 pm, in connection with performing the lockout. It is my
position that I was not "personally served" and I am trying to figure out whether Deputy
Machem is lying or whether the phrase "personally served" means something other than
what I believe it means, etc., etc. I appreciate your attention to this.

I am writing to inquire about and complain with regard to an Affidavit of Service filed
by or for WCSO Deputy Machem with respect to the service of a Order Granting
Summary Eviction against me (in my law office where non-payment of rent was not
alleged, no less in violation of NRS 40.253 and where a $2,275 rent escrow deposit was
foisted upon me in violation of 40.253(6), especially where a stay of eviction was not
granted even while the RJC held on to most all my money...).

My issue with the WCSO is that Machem's Affidavit of Service indicates that he
"personally served" me, which kind of reminds me of all that robo-signing and MERS
fraud I come across in my day job (and do you wonder how many attorneys in the
foreclosure defense game I am in constant contact with who are watching and witness
the potential RICO violations this writing mentions?), which includes being a
foreclosure defense attorney. So which is it? Did Machem "personally serve" me the
Summary Eviction Order? Richard G. Hill, Esq. likes to argue that I was "served" in
compliance with all time related rules because it was done in the "usual custom and
practice of the WCSO. What, exactly, is the "usual custom and practice of the WCSO?
I hear a lot about this "within 24 hours" stuff. So, I go hunting for some black letter
law to support what those at the RJC and in the clueless community at large (which
often includes Nevada Legal Services and Washoe Legal Services, the people you guys
had such trouble actually serving in the lawsuits I filed, which may have actually helped

This whole business about The court may thereupon issue an order directing the sheriff
or constable of the county to remove the tenant within 24 hours after receipt of the
order... is inapplicable to this situation, where an Order Granting Summary Eviction
was signed by October 27
th
, 2011. That language is only found in situations
and,
landlords agent may apply by affidavit of complaint for eviction to the justice court of
the township in which the dwelling, apartment, mobile home or commercial premises
are located or to the district court of the county in which the dwelling, apartment,
mobile home or commercial premises are located, whichever has jurisdiction over the
matter. The court may thereupon issue an order directing the sheriff or constable of the
county to remove the tenant within 24 hours after receipt of the order. The way these
summary eviction proceedings are being carried out in Reno Justice Court presently
shocks the conscience and violates Nevada law. There is not basis for effectuating a
lockout the way WCSO's Deputy Machem did in this case. The above two sections
containing the within 24 hours of receipt language are inapplicable, as those situations
do not invoke the present circumstances, where the Tenant did file an Affidavit and did
contest this matter to a degree not often seen. To require Nevada's tenants to get up and
get out within 24 hours of receipt of the order (what does that even mean? The use
of terms like rendition, rendered, notice of entry, pronounced, is absent here,
and this receipt of the order language is something rarely found elsewhere in Nevada
law-see attached DMV statutory citations, and in employment law litigations where one
must file a Complaint within 90 days of receipt of a Right To Sue Letter, a situation
which follows NRCP 5(b), and NRCP 6(e) in imputing receipt of such a letter, when
actual receipt is not shown, by applying a constructive notice standard that relies
upon the days for mailing extension of time for items served in the mailing, etc.). In
Abraham v. Woods Hole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the
record did not reflect when the plaintiff received his right-to-sue letter. The letter was
issued on November 24, 2006. The court calculated that the 90-day period commenced
on November 30, 2006, based on three days for mailing after excluding Saturdays and
Sundays. In order to bring a claim under either Title VII or the ADA, a plaintiff must
exhaust administrative remedies and sue within 90 days of receipt of a right to sue
letter. See 42 U.S.C. 2000e-5(f)(1). See Baldwin County Welcome Center v. Brown,
466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)(granting plaintiff an
additional three days for mailing pursuant to Rule 6).
40.420, inclusive, apply to the proceedings mentioned in those sections. As such NRCP
6(a),(e) applies to the Order of Summary Eviction that WCSO Deputy Machem alleged,
under penalty of perjury, that he "personally served" upon me on November 1, 2011.
That is a lie by Mr. Machem, unless "personally served" is defined in a rather
6(e)...the landlord's might not like it, but they can use that frustration as an incentive not
to jump to litigating every disagreement about habitability that a tenant brings to them.
You may not realize how ridiculous some landlord's get. In my case, I offered to fix
basic things that clearly implicated the habitability rules in NRS 118A.290 and the
Californian neurosurgeon, Beverly Hill High School graduate landlord balked and

I AM REQUESTING, IN WRITING, THAT BOTH OF YOUR OFFICES
INVESTIGATE THIS AND PROVIDE A SWORN AFFIDAVIT FROM MR.
MACHEM THAT ADMITS THAT I WAS NOT PERSONALLY PRESENT WHEN
HE SERVED THE ORDER FOR SUMMARY EVICTION IN RJC REV2011-001708
ON 11/1/12 AT 4:30 PM (ACCORDING TO HIS AFFIDAVIT OF SERVICE). YOU
NEVER KNOW, I MIGHT HAVE IRREFUTABLE PROOF THAT I WAS
SOMEWHERE ELSE AT THAT TIME, SO, BE CAREFUL. There simply is not
anything specific in Nevada law addressing how such Summary Eviction Orders are to
be served and carried out. The sections dealing with
exclusion of tenant for default in payment of rent....
6. Upon the filing by the tenant of the affidavit permitted in subsection 3,
regardless of the information contained in the affidavit, and the filing by the landlord of
the affidavit permitted by subsection 5, the justice court or the district court shall hold a
truthfulness and sufficiency of any affidavit or notice provided for in this section. If the
court determines that there is no legal defense as to the alleged unlawful detainer and
the tenant is guilty of an unlawful detainer, the court may issue a summary order for
removal of the tenant or an order providing for the nonadmittance of the tenant....
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 118A.460 or 118C.230 for the inventory, moving and storage of personal property
left on the premises. The motion must be filed within 20 days after the summary order
for removal of the tenant or the abandonment of the premises by the tenant, or within 20
days after:
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule
a hearing on the motion. The hearing must be held within 10 days after the filing
of the motion. The court shall affix the date of the hearing to the motion and order
a copy served upon the landlord by the sheriff, constable or other process server.
At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460
or 118C.230 and any accumulating daily costs; and
determined to be due or if no charges are determined to be due...."

I also want to know why NRS 40. 253(8) was not followed with respect to my
November 17th, 2011 filing of a Motion to Contest Personal Property Lien. Why didn't
the WCSO serve notice, as required by NRS 40.253(8) upon the landlord's attorney
Richard Hill? Why didn't I get a hearing within the 10 days called called for by that
section (to get back my client's files no less), but rather, I had to wait a full 33 days to
get a hearing, and service of notice of the hearing was not effectuated, as required by
NRS 40.235(8), by the WCSO. Why?

Please provide an indication, in writing, of the names and case numbers for the last 20
incidences when the WCSO has served notice of a hearing set pursuant to NRS
40.253(8). What's that? The WCSO has NEVER served such notice? Yet the WCSO
is there with bells on (or Machem is) to lie in Affidavits of Service to lock out the
citizen tenants of Washoe County impermissilby early vis a vis NRCP 5(b)(2) and
NRCP 6(e)? Why is that? Is it a conspiracy? Does money talk? When I was arrested
for trespassing on November 12th, 2011 by RPD Officer Chris Carter and Sargent
Lopez, Carter admitted to me that "Richard Hill pays him a lot of money and therefore
he arrests whom Richard Hill says to and does what Richard Hill says to do...." Both
Carter and Sargent Lopez refused to investigate, despite prompting, whether Richard
Hill has sent the tenant/arrestee a bill or demand letter in bill for the full rental value of
the property, $900 per month, under some interpretation of the "reasonable storage,
moving, and inventorying expenses" collectable by a landlord under a personal property
line set forth in NRS 118A.460 (one could also interpret such a bill as Hill's
withdrawing or eradicating the Order of Summary Eviction itself, which was not
"personally served" by the Washoe County Sheriff (despite what their Affidavit of
Service says...I wasn't even there at the time they changed the locks...and so the
Summary Eviction Order was not properly served under NRCP 6, and despite the Reno
Justice Court impermissibly converting $2300 of my money under a "rent escrow"
Order its required I comply with in order to litigate habitability issues in a summary
eviction proceeding under NRS 40.253, despite NRS 40.253(6)'s express dicate against
such an Order (unless, pursuant to JCRCP 83, a justice court gets such a rule, like
Justice Court Rule of Las Vegas (JCRLV) Rule 44, published and approved by the
Nevada Supreme Court, which the RJC has not, rather, the RJC applies all these
insidious secret "house rules" (like forcing tenants to deliver themselves to the filing
office to submit to personal service notice of a summary eviction hearing within, like,
12 hours of the Tenant filing a Tenant's Answer or Affidavit in response to an eviction
Notice, rather than the service requirements of such notice following NRCP 6 (days for
mailing, etc., etc., in other words, in the RJC everything is sped up imperissilby to help
landlord's out, and the NV. S. Ct ruling in Glazier and Lippis clearly contemplate
personal liability against the Court and or Judges themselves for so doing)....A Qui Tam
action or something a la Mausert's in Solano County, I believe, in California, would be
very interesting...Still haven't heard anything from the Reno PD about the various
complaints I have filed with them in writing related to the wrongful arrests, excessive
force and other misconduct committed against me, though they did arrest me the other
day for calling 911incident to some domestic violence for which I was granted to
Extended Protection Orders against my former housemates....old Sargent Sigfree
ordered that arrest, as he did two days prior when he ordered a custodial arrest of me for
"jaywalking".
Funny thing, I never heard anything back from the RPD about complaints like the
following one:
From:NvRenoPd@coplogic.com
Sent: Wed 9/07/11 10:51 PM
To: zachcoughlin@hotmail.com
****DO NOT RESPOND TO THIS E-MAIL****

We're sorry the following problem was found during review
of your submitted report T11005956:

THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER THIS
REPORT WAS PRINTED AND PASSED ON TO THE OFFICER'S SUPERVISOR
AND IT WILL BE ADDRESSED.

Thank you,

Officer WOZNIAK,
Reno Police Department

What is interesting there is that at least I was provided the name of an officer, a
"Wozniak" (though I have been unable to confirm the existence of
such an RPD Officer...
or whether " THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT
HOWEVER THIS REPORT WAS PRINTED AND PASSED ON TO THE
OFFICER'S SUPERVISOR AND IT WILL BE
ADDRESSED."
What is more strange is that I submitted several online police reports to the Reno PD (a
couple of which asserted complaints against various Reno PD officers, or asked why
RDP Officer Carter, whom admitted taking bribes from Richard G. Hill, Esq. at the
time of my custodial arrest for trespassing (the one where Richard Hill signed a
Criminal Complaint for trespass, then Officer Carter and Sargent Lopez refused to
follow up on my imploring them to ask Hill whether he has recently sent me a bill for
the "full rental value" of the property, the same amount that had been charged for the
"use and enjoyment" of the premises, $900, in comparision to what NRS 118A.460 may
deem "reasonable storage" expenses for which a lien is available to a landlord, though
NRS 118A.520 has outlawed rent distraints upon tenant's personal
property....Regardless, between January 8 - 12th, 2012, and was arrested twice by the
Reno PD shortly after submitting these written complaints to the Reno PD.
Actually, upon being release from jail on November 15th, 2011, incident to the
custodial trespass arrest, I went to Richard HIll's office to get my wallet and driver's
license. He refused to provide it to me until late November 22nd, 2011. Hill called the
Reno PD on the 15th (or maybe I did because he was withholding my state issued ID,
the one I would need to rent a room, drive my car, and my wallet, which is kind of
useful in such situations....). Anyways, Sargent Tarter of the Reno PD showed up, he
went inside Hill's office with Hill for quite some time and the result was Tarter telling
me to leave. I did, but while driving down St. Laurence towards S. Virginia (Hill's
office is at 652 Forrest St. 89503 and would have required turning down the wrong way
of a one way street, Forrest, to go back to Hill's Office (so clearly I was not headed to
Hill's office) Sargent Tarter began tailing me, then he pulled me over, then he gave me
a ticket, in retaliation if you ask me for reporting RPD Officer Carter admitting that he
takes bribes from Hill to Sargent Tarter minutes earlier. Uh, well, anyways, another
Sargent calls me later that night, taking the "good cop" role. But upon informing him of
what RPD Officer Carter told me about Hill paying him money to arrest people during
the 11/12/11 trespassing arrest, that Sargent immediately informed me that, despite this
being the first he heard of that, he was sure that was not happening....I guess RPD
Officer Carter is trying to explain away his comments about Richard Hill paying him
money to arrest people by dismissing them as sarcasm, a joke, said in jest,
whatever....but I don't see how that situation (a license attorney getting arrested for a
crime, a conviction for which would result in that attorney being required to report said
conviction to the State Bar of Nevada under SCR 111, etc., and possibly resulting in a
suspension of that attorney's license to practice law, or worse...) is all that jocular of a
situation. Combine that with the too quick to dismiss my reports of bribery by Richard
Hill to officer Carter to the RPD Sargent who called me on 11/15/11 regarding the
retaliation by Sargent Tarter that I complained of, and I don't think it is all that
unreasonable for anyone to take RPD Officer Carter at his word regarding Richard G.
Hill, Esq. paying him money to arrest whom Hill says to arrest. Add to that Sargent
Sigfree ordering my arrest for jaywalking (by a trainee RPD Officer) on January 12th,
2011 (custodial arrest, bail of $160 emptied my bank account out, or pretty close to it)
while I was peacefully filming from a public spot Richard G. Hill, Esq's contractor Phil
Howard, whom had submitted bills in courts records and filings under the lien for
"reasonable storage moving and inventorying" found in NRS 118A.460, even where old
Phil used my own plywood at the property to board up the back porch (curiously
leaving the screws holding up the plywood exposed to exterior of the property where
anyone could easily unscrew them, and also leaving in a window unit ac secured only
by ducttape in a window facing a sidewalk by the LakeMill Lodge....which resulted in
$8,000 at least of my personal property being burglarized from my former home law
office on Decmeber 12th, 2011 while Hill was asserting a lien on all my personal
property found therein (and my client's files, which arguably are not even my property,
but rather, the client's property). Hill went on to place what he believes to be my social
security number in court records, on purpose, despite his signing an Affirmation
pursuant to NRS 239B.030 that that was not the case (attaching a two page report to the
RPD as an Exhibit). Then Hill and his contractor Phil Howard both committed perjury
when the signed Declarations attesting that I had climbed on the contractors truck or
ever touched Hill. Hill lies constantly, whether under penalty of perjury or now, so I
don't have time to rebut every little lie he makes (he makes me out to comes across as a
Yosemite Sam caricature of a human being in his filings when he describes me...).
Further, why am I arrested for trespassing and not those from Nevada Court Services
where they went behind closed gate the the backyard of my home law office and banged
on window extremely loudly for 40 minutes at a time 3 times a day, one guy ringing the
doorbell, one guy moving around all other sides of the property banging on the
windows, peering in closed blinds, and affecting a phony "color of law" tone,
resemblance, and verbal communications, misleadingly announcing that they were
"Court Services, come out now!", wearing their pretend Sheriff outfits, big equipment
saddled belts (including firearms, I believe, and radios), etc. ,etc.
http://www.youtube.com/watch?v=jQ132q2O7DY
Add to that that Nevada Court Services Jeff Chandler drives by in his Monster Truck
baring his personalized "NCS" license plate while I am in the RPD squad car,
handcuffed, outside my former law office at 121 River Rock, at the time of the 1/12/12
jaywalking arrest and the appearances are troubling. Now, add to that that Lew Taitel,
Esq. was my court appointed public defender in the Reno Municipal Court in the
trespass case, and that Judge Gardner had refused to provide me the names of
prospective appointed defense counsel (I wanted to run a conflicts check) at my
arraignment (where Marshal Mentzel barked at me in a threatening tone, using
menacing language), whereupon Taitel was appointed as my defense attorney and filed
a notice of appearance, and received my confidential file, pc sheet, arrest reports, ssn,
etc....only its turns out that Taitel shares and office and a receptionist with Nevada
Court Services and they list him and his picture on their website as "associated with"
their Process Server corporation, despite the prohibition lawyers face against fee
sharing with non-lawyers. Then, Taitel somehow manages to get out of defending my
case without filing a Motion to Withdraw as Counsel, despite that being required by the
Reno Municipal Court Rule 3(B):
RMCR Rule 3(B): Authorization to Represent (B): An attorney desiring to withdraw
from a case shall file a motion with the court and serve the City Attorney with the
same. The court may rule on the motion or set a hearing.
But, perhaps most troubling of all is the implication that the Reno City Attorney's
Office, which defends actions against the City of Reno Police Department and its
Officers, has a vested interest in discrediting me in advance of the wrongful arrest
lawsuit that the Reno City Attorney's office knew was imminent at the time of all of the
above incidents, relating to the following August 20th, 2011 wrongful arrest by RPD
Officer's Duralde and Rosa. http://www.youtube.com/watch?v=5PR7q4OI5b0 So,
that's what attempting to coerce a suspect's consent to an impermissible search sounds
like? Add to that that the trespassing case is before Judge Gardner, whom most
recently was employed with the Reno City Attorney's Office.
And, you know what is funny? Officer Del Vecchio cuffed me and placed me in his
squad car last summer after he terrified me and another gentleman who had bicycles.
He veered across the road and screeched his squad car to a halt, jumped out, and did
some other stuff, then demanded my name and ID...and the lawyer in me didn't like that
that much, and he didn't like me not wanting to give it to him. This occurred right in
front of my home law office in the summer of 2011. He cuffed me and told me I was
going to jail for something about a light on the front of my bicycle (the one NV Energy
likely stole when the shut off my power, unnoticed, on October 4, 2011) despite my
bike actually having such a light....but then Del Vecchio's partner did him a solid and
talked some sense into him, and I humbled it up for Del Vecchio and we both let it go,
and I didn't go to jail....Until Del Vecchio was present supervising some Officer's
training at the scene of my custodial (9 hour) jaywalking arrest) on 1/12/12. But Del
Vecchio, I guess either didn't want to or wasn't able to talk some sense into Sargent
Sigfree.....and then Sargent Sigfree (the spelling is likely off) had me arrested and
charged with a gross misdemeanor, "Misuse of 911" just two days later, on January
14th, 2011 when I called 911 to report that my roommates were laughing menacingly
when I asked them why my dog was missing (I had also been chased up to my room
numerous times since moving in with these people, something I had to do because so
much of my money had been taken up with bail or lost earnings due to all these
wrongful arrests and abuse of processes mentioned above...also these housemates had
chased me with a ten inch butcher knife, two of my tires were slashed, I was locked out
all night on New Years Even when these changed the locks at around midnight, had my
furniture thrown in the street, property stolen, coffee thrown on me, destroying my
smart phone in the process, etc., etc...And despite the housemate having an outstanding
arrest warrant, and animal abuse being listed amongst the elements of domestic
violence, Sargent Sigfree told me he was arresting me because I "keep putting yourself
in these situations", like, where I am a victim, and that he was "trying to help you", he
said with a smirk and a laugh to his fellow RPD Officers, whom then proceeded to use
excessive force against me. I guess he was helping me by saddling me with a gross
misdemeanor with a $1,500 bail, especially where its been arranged for Court Services,
or pre-Trial Services to forever deny me an OR, despite my meeting the factors for such
set forth in statute (30 year resident, entire immediate family lives here, licensed to
practice law in Nevada, etc., etc)...I guess it should not be too much of a surprise to me
that Reno City Attorney Pam Roberts failed to address the perjury of all three of her
witnesses or that her fellow Reno City Attorney Christopher Hazlett-Stevens lied to me
about whether or not the Reno City Attorney's Office even had any documentation
related to my arrest or whether it would in the month before my arraignment, despite
that fact that subsequent productions of discovery tend to indicate that the Reno City
Attorney's Office did have those materials at the time. I could be wrong about some of
this...But that would require and awful lot of coincidences.
Sincerely,
Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
Nevada Bar No: 9473
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Custom Digest - 22 Headnotes
Expressway Village, Inc. v. Denman, 893 N.Y.S.2d 736
233LANDLORD AND TENANT
233IXRe-Entry and Recovery of Possession by Landlord
233k293Summary Proceedings
233k304Summons
233k 304( 2)k. Service and proof thereof.
N.Y.Co.,2009
To bypass personal service and employ either substituted service or conspicuous nail and
mail service in landlord's summary possession proceedings, the landlord must first demon-
strate that reasonable application was employed to try and personally serve the tenant and
such efforts were unsuccessful; this requires at least two, if not three or more, reasonable at-
tempts to effect personal service before resort to alternative methods. McKinney's RPAPL
735(1).
Avgush v. Berrahu, 847 N.Y.S.2d 343
N.Y.Sup.,2007
Lower level of effort is required to support a finding of landlord's reasonable application to
personally serve on tenant a notice of petition and summary-proceeding petition before re-
sorting to substituted service, than is required to support a finding of due diligence to per-
sonally serve the summons on defendant in a plenary action before resorting to substituted
service. McKinney's CPLR 308; McKinney's RPAPL 735(1).
McLellan v. Pearson, 546 So.2d 817
La.App.5.Cir.,1989
Tacking of certified copy of petition and citation for eviction on door of leased warehouse was
proper under circumstances, and did not violate tenant's constitutional rights of due process
and fundamental fairness; landlord's notices of overdue rental payments, sent to tenant by a
certified mail to warehouse, were returned to landlord unclaimed, tenant had become fully
aware of legal proceedings, and record reflected that tenant was personally served by clerk in
courtroom at conclusion of first hearing on tenant's exceptions to eviction. LSA-C.C.P. art.
4703; U.S.C.A. Const.Amends. 5, 14.
Kahn v. Sosin, 496 N.Y.S.2d 678
N.Y.City.Civ.,1985
With regard to statute [McKinney's RPAPL 735, subd. 1] providing that service in a sum-
mary proceeding to evict tenant shall be made by delivering to and leaving personally with
person of suitable age and discretion who resides at the property a copy of notice of petition
Page 1
2012 Thomson Reuters. No Claim to Orig. US Gov. Works.
and petition, legislature intended resides to mean to dwell for a length of time; what consti-
tutes a sufficient length of time is question of fact.See publication Words and Phrases for oth-
er judicial constructions and definitions.
Kahn v. Sosin, 496 N.Y.S.2d 678
N.Y.City.Civ.,1985
With regard to statute [McKinney's RPAPL 735, subd. 1] providing that service in a sum-
mary proceeding to evict tenant shall be made by delivering to and leaving personally with
person of suitable age and discretion who resides at the property a copy of notice of petition
and petition, legislature did not contemplate permanency to be a requisite for service upon a
person of suitable age and discretion.
Eight Associates v. Hynes, 467 N.Y.S.2d 482
N.Y.Sup.,1983
In absence of actual foreknowledge on part of process server that he would be unable to effec-
tuate personal or substituted service on tenant, in landlord's summary proceedings for posses-
sion, during normal working hours, unsuccessful attempt to personally serve tenant during
daytime was properly utilized as predicate reasonable application for subsequent conspicu-
ous place nail and mail service upon tenant. McKinney's RPAPL 735.
Spring Branch Apartments v. Epps, 286 S.E.2d 490
Ga.App.,1981
Statutory service requirement that if sheriff is unable to serve defendant personally, service
may be by tacking, along with on the same day, mailing a copy of the summons and affidavit
to defendant's last known address, was not satisfied where plaintiff in dispossessory action
had instead mailed defendant service copy of an action against another tenant, and thus default
judgment entered against defendant was properly set aside due to improper service. Code,
61-302(a).
Bell v. Tsintolas Realty Co., 430 F.2d 474
C.A.D.C.,1970
Although summons in suit for possession may, as a last resort, be served by posting, tenant
who is sued for rent in arrears must be served personally. D.C.C.E. General Sessions Court
Rules, 2, rules 3, 7(a); D.C.C.E. 16-1502.
Joseph E. Seagram & Sons, Inc. v. Rossi, 257 N.Y.S.2d 60
N.Y.City.Civ.,1965
It was not necessary for landlord to show diligent effort to serve tenant personally in sum-
mary proceeding for nonpayment of rent before resorting to substituted and conspicuous place
service, but, in absence of such showing, landlord was not entitled to money judgment and
only to award of possession of premises, although landlord would be entitled to institute ac-
Page 2
tion at law to recover money judgment for rent demanded.
Raymond v. Grotz, 221 N.Y.S.2d 810
N.Y.Police,1961
To secure judgment for rent in summary proceeding, not only must precept contain notice that
demand is made in petition for judgment for rent in arrears, but it must be served either per-
sonally or by substituted service.
Siegel v. Goldstein, 148 N.Y.S.2d 266
N.Y.Mun.,1955
Where tenant, though not personally served with precept, voluntarily appeared in dispossess
proceeding for nonpayment of rent and precept contained notice that demand was made in pe-
tition for a judgment for rent in arrears, want of personal service of precept did not deprive
court of jurisdiction to enter judgment for arrears in rent.
Lorenzo v. Murphy, 32 So.2d 421
Fla.,1947
On landlord's petition for removal of tenants, personal service of summons on one alleged by
defendants to be a partner was unnecessary, where actual possession of rented premises was in
another who based his right to possession as derived from alleged partnership which derived
its right to possession from alleged partner not personally served. F.S.A. 83.22.
Dade Realty Corp. v. Schoenthal, 6 So.2d 845
Fla.,1942
In distress proceedings, it is not necessary under the statute that process be personally served,
since, if tenant is absent, process may be served by leaving a copy thereof at tenant's last or
usual place of residence. F.S.A. 83.20.
Potosky v. Hansen, 228 N.Y.S. 395
N.Y.Sup.,1928
Under Civil Practice Act, 1421, service by city court marshal of precept in summary pro-
ceeding, by posting a copy thereof in tenant's place of business under subdivision 3, without
posting copy of petition, and in absence of evidence that service could not be made person-
ally on tenant, or delivered to person of suitable age and discretion at his dwelling, under sub-
divisions 1 and 2, was insufficient to give City Court jurisdiction.
In re Smith, 197 N.Y.S. 373
N.Y.App.Div.4.Dept.,1922
An affidavit by a constable, stating merely that he had served the petition in summary pro-
ceedings on each of the defendants, by delivering to and leaving with each of them personally
a copy of the same, but making no mention of the precept, is insufficient to show personal ser-
Page 3
vice, under Civil Practice Act, 1421, which requires delivery of the copy of the petition and
precept, and a showing of the original precept, and cannot be sustained as service by leaving a
copy in defendant's dwelling house, in the absence of the conditions imposed by subdivision 2
of that section, in view of section 1424, requiring due proof of service, showing the time,
place, and manner of service.
Rathburn v. Weber, 10 N.Y.St.Rep. 268
N.Y.Super.,1887
Under Code Civ.Proc. 2241, providing that a copy of this section must be indorsed upon
each copy of a precept served otherwise than personally upon the person to whom it is direc-
ted, a precept in a summary proceeding against a tenant, served otherwise than personally,
has no effect, unless such copy is indorsed upon it.
State v. Marshall, 24 S.C. 507
S.C.,1886
In a proceeding before a trial justice to eject a tenant under Gen.Stat. 1819 (See Code 1942,
8813), the tenant must be personally served with the notice to show cause, and when served
by copy left, and he appeared and objected to the jurisdiction upon this ground, the trial
justice was without jurisdiction, and the tenant, under a writ of certiorari, is entitled to have
the proceeding vacated.
People ex rel. Hughes v. Lamb, 10 Hun 348
N.Y.Sup.,1877
A constable's certificate, in summary proceedings to remove a tenant, that he served the sum-
mons personally on the tenant by showing him the original and leaving with him a copy, is
due proof of service required by the statute.
Berrill v. Flynn, 8 Phila. 239
Pa.Com.Pl.,1871
Under the former practice the summons might be served on the defendant personally at his
dwelling house by leaving a copy of the original, and making known the contents thereof.
Berrill v. Flynn, 8 Phila. 239
Pa.Com.Pl.,1871
A return of Served personally by leaving a copy and informing defendant of the contents,
was held, insufficient.
Shourds v. Way, 8 Phila. 301
Pa.Com.Pl.,1870
Under the Act of March 20, 1810, 5 Sm.L. 161, 2, 42 P.S. 422, where a return of service
was by leaving a correct copy of the within summons upon the premises therein described
Page 4
being the dwelling house of the therein named lessee or tenant with herself personally, the
judgment by default was reversed, for, in the case of personal service, the original summons
should be produced to the defendant.
Snyder v. Carfrey, 54 Pa. 90
Pa.,1867
Under the former practice the summons might be served on the defendant personally at his
dwelling house by leaving a copy of the original, and making known the contents thereof.
END OF DOCUMENT
Page 5

Outlook Print Message
Print Close
Reno eviction noticed for Sparks Justice Court
Sent: Tue 6/26/12 7:58 AM
I have received (though not personally served) what appears to be an eviction notice (5 day unlawful detainer?)
for rentals located at 1680 Sky Mountain Drive, Reno, 89523, but the notice indicates that I must file a Tenant's
Answer with the Sparks Justice Court.
Am I mistaken in viewing this matter to be outside the jurisdiction of the Sparks Justice Court, and rather, a matter
to be handled in Reno Justice Court?
Given Sparks Justice Court is open 5 days a week (closes at noon on Fridays) and Reno Justice Court has 4
judicial days a week, the deadline for filing a special appearance (to contest jurisdiction) and or a Tenant's Answer
of Affidavit is difficult to measure.
I spoke with a Reno Police Department who identified himself as Sargent Miller last week and he indicated the
WCSO planned to come effectuate an eviction on this date, June 26, 2012. I believe that would be premature, as
Nevada Landlord Tenant law provides for filing a Tenant's Answer or Affidavit by noon after the fifth full day
(judicial days) and Fridays in Sparks Justice Court are not full days in that sense, and regardless, Sparks Justice
Court, I believe, is not the appropriate forum where, as here, the situs is located in Reno (Ward 1-nap?)
Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Civil Division
630 Greenbrae Drive
file:///R|/...0RJC%20Stancil%20and%20WCSO%20Stuchell%20Sheriff's%20Web%20and%20Sparks%20Justice%20Court%20Hansen.htm[12/27/2012 4:32:47 PM]

Outlook Print Message
(775)353.7603 Phone
(775)352.3004 Fax
Chris Hansen
Civil
Civil Complaints for damages in excess of $5000 or if a suit involves a breach of contract, punitive damages, an
action to obtain possession of property, a writ of restitution, or other like actions, legal counsel is suggested for
these types of actions.
Evictions
Small Claims
An action filed in order to obtain a monetary judgment. Claims must not exceed $5000. A small claims action
may be filed with the Sparks Justice Court if one of the following applies to the defendant:
file:///R|/...0RJC%20Stancil%20and%20WCSO%20Stuchell%20Sheriff's%20Web%20and%20Sparks%20Justice%20Court%20Hansen.htm[12/27/2012 4:32:47 PM]
Teddy James <teddyjames25@gmail.com>
New voicemail from (775) 356-1122 at 8:59 AM
1 message
Google Voice <voice-noreply@google.com> Wed, Jun 27, 2012 at 9:00 AM
To: teddyjames25@gmail.com
Voicemail from: (775) 356-1122 at 8:59 AM
HI. It's, Debbie From Sparks Justice Court, Colleen. Yesterday I got the fax the supplement tenant
special parents Motion to Dismiss tenants answer. It's dash and I'm going to Reno Justin. It's not our
jurisdiction, so I don't know what you want me to do with it. Give me a call back and let me know
please. 353-7603 Thank you.
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Narrative
tiS rpor is writen by Dep. J.Machen
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12-4498
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On 6-28-12 approx. 1015, Dep.J.Gomez and Iwenlto 1680 Sky Mountin Dr. to sere an eviction oreer on
l0h Coughlin W was liing |hgBgB#Z. We me\withe Norwind At. Mgr., his maintenance guy and to
employees of Nevada Cour eriCes who had previously sered him te five day notice.
We knocked severl |mes on the roU-up grge door anouncing ourselves. No 0088D8w6|00 8Ol had the Apt
maintenane guy come over and Qthe outide lock off we could lift 0e door. He told me that the lock was
0U|006Mt0e aparment lOk, 0e then cut the lock of w/a sawull. We R0lifing Mdoor but we ul0tell
was locke from the inside.
Awe annouO0d ourelves again m6h we heard (A-1) Zch Coughlin from the inside asking who we were.
We told hlm and also what we were doing. He kept WkgmW0oudsystem how he was n8v8|sred and
repeatedly kept asking who w0w0f0NwNIw0f0w0 doing. b8Nllme we l0I0 0im KpOthe door, he said
just a RiH0te 800 never would. 9CnlihueU for pro. ten minutes.
|Basked MAt. Mt. how he wanted to 0|00006.He gave Vmantenance guy permission to swzall
a setion of the gamge door. After a section was cut away we were able to 600 partially Inside, but a large w00000
008w8 blocking te view of te inside. We kept telling ughIin to open the door, ea0h time he 88|0just B
R|n0te Nktasking who we w8t8BD wMIws our mson for bing t08r8.T8went on for another I8h
m|huI. |told Cughlin I was goig to use the ter on him if he 0001comply w/our orders. He slowly came
around the corner of te %00bx wlhis hdh0s out front. He refused to open up 0000land came 0uIthe
section of door 6lwas cut away. He was placed in han s and temporarly detine.
was able to move to boars frm the Inside that we|O blocking te dor frm moving along w/8omtthat
was around d roller 6to the track. Oce the 00|was oen |went N06Kmake sure no one else was the|e. I
then to te Apt. Mgr. it was safe and l00garge and 8||the content We|8 now hts reponsiblity.
Due 0l08l8O08I(A-1) Coug0||n kt refUSing our cmmands UVBfB prid olmnQminutes and the
destrction h8cause to te apanment cmplex for uS to execute m|8evicton oMer@ he was arrested on the listed
charge MMK8n to 911 Parr .w/out incident.
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Case Filing
Y &
^SS0SSm0B! 0QuI!
I
Filed Name
COUGHLIN, ZACHARY BARKR
Arrest
Booked Name Arresting Agency Booking Number
COUGHLIN, ZACH WASHOE COUNTY SHERIFFS OFFICE 12-10341
Case Number NOC Type Description Counts Court
WC12-4498 52312 M FASE STMT TO/OBSTRUCT PUB OFF J RJC
Defendant Information
Sex Race Birhdate Age Height Weight Number
M WHITE 35 6 ' 04
11
220 On File
Address Residence
Born
Arrest Date
06/28/2012
Bail AmtlType
1,000 B
1680 SKY MOUNTAIN DR. GARAGE
County: 04 Yr 00 Mo
BELLVIEW, WA,
B1O 1' LTTO GTJTG
Te|ephone Time at Current Address Primary language
(775)
- ENGLISH
Lives With Relationship
|L Number Type
Marital Status How Long Military Service Discharge
SINGLE NONE
Employment/Support Status Employer How Long
Unknown
Occupation Employer Telephone
Defendant Justice Identifier Codes/Criminal History
FBI Number SID Number
Pr|eS\S Vilent Fels Felonies Violent Misd Misdemeanors MMSD Trafic DUI
Comments
UNSUCCESSFLL, HIT LIST WITH L. PITT - 11/11, USUCCESSFUL MC - 05/12.
THE DEFNDAT WAS TAN TO HOUSING PRIOR TO INTERVIEW. DUE TO HIS RPEATED
NON-COMLIANCE WITH COURT MTTERS, HE WAS NOT CONSIDERED FOR O/R.
Assessment Status
DIU6D\ DD. UUU1U1CU
Assessment
MISD I
Expiration Date
Pending
Initials
TBRADSHA
B_6
0DB\OD O DO!@0DC 0@
Client: COUGHLIN, ZACHI.Y CP.:L:
Case#:
\'1C12-4498
IdenIlcaIOn
Cour:
RENO JUSTICE COURT
Charge(s):
FI.LSE STt1T TO/oaSTR PUB OFF
Address:
}LO U:' I\tT L:. L L: :cIL N
Occupation and Employer:
Fnanca/lnlOrmaIOn
Asset
Expense
Income
Liability
SUMHARY:
U iKNm'IN
UNKNOt-lN
UNKNO\'iN
U KNO'N
.SSETS:
LIABILITIES:
NET NORTH:
DeIermnaIOn: NO DETER1IN!.TION HADE
HecOmmendaIOn
Length:
INCOME:
EXPENSES:
CASH FLO\:
g ! 0!
SSN:On File
Phone:
775
The above constitutes my recommendation to the court. I have explained my recommendation to the party.
Screening AgentlWitness: Brittany : Prichard

Date:
COmmenIS:
lR. COllGHLIN IIOULD NOT OR COULD NOT GIVE Ri.TIONAL ANS\'iERS REG!' .RDING !.NY FINF.NCIAL
INFOr-TION.
ALKNOWLLDGNLNT Ol 5URRLNDLROlDLlLNDANT bY bAIL AGLNT

OR bAILLNlORLLNLN1AGLNT
SURRENDERED TO LAW ENFORCEMENT AGENCY
STATE OF: NEVADA COURT: RENO JUSTICE COURT
,"
;:RIFF'S DEPARTME
COUNTY OF: @
OR
BOND# ' '``.c
_A MOU NT _
POLICE DEPARTMENT
CITY OF: _._
BAIL AGENCY: BAIL BOND SPECIALISTS
SURE1Y: LEXON INSURANCE COMPANY
CASE# \ _`
DEFENDANT: .r.
D.O.B
>
CHARGED WITH _. -f [ \ '
I HEREBY CERTIFY AND DECLARE UNDER PENALTY OF PREJURY BY SIGNATURE BELOW THAT THE ABOVE
NAMED DEFENDANT IS NOW IN CUSTODY OF THE LW ENFORCEMENT AGENCY DESCRIBED ABOy E
DATED:
/<
d
L-
SIGNATURE SR DEP : .AILER, cLEsK, cccotr|cca
.- /'
.1~~-
PRINTED NAME OF PERSON VERIFYING CUSTODY
BOND SURRENDER MADE BY:
L
_. `
NEVADA LICENSE# _.
AGENT FOR
BAIL BOND SPECIALISTS
ZD S, SIERRA ST, SUIT JJ
LW\ WN U1
OFFICE: 77b~bb7~ZZRb
I HEREBY CERTIFY AND DECLRE UNDER PENALT OF PREJURY BY MY SIGNATURE BELOW THAT THE
ABOVE NAMED DEFENDANT IS NOW IN CUSTODY OF THE LAW ENFOREMANT AGENCY ABOVE.
TO COPIES TO BOOKING-TO COPIES TO BAIL AGENT
Name of Bail Bond Company: _Slosts Phone __- _
L
| '
Bail Bond Company Address:
.
BB y 0
Mailing Address:
.
. . WWWWWW WWW WW.
H0 |y 80 l
Defendanfs Name: ..W .. MMM W
l l00
AKA's:
Home hone: 8[|S Work Phone __ DOB

Sex: _ Race: White (incl. Hispanic) DBlack Dlndian DAsian o Pacifc Islander DOther _
..
_
HT: _'|' W: _ Hair: Eyes: ,
POB
:
_
..........
Original Court: 2JDC RJC L SJC o RMC o SMC o Other:
WWWW
Court Of Jurisdiction: _`c~.( Cour Case Number:

Original Booking #: \_] Original Agency's Case =@i_ @ Original Date of Bail:_c_/
|t '+J
U!I0D0BllP!IB5 L80 PDBS LDC8lDD
.
.
.
.
Bail is being surrendered on the above subject for: Failing to Appear in Cour Other: __
c=\\\ <*=(\
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\gD8UfB 0 8\ L00IOR0DPg0D N0V808 !CD50 NuRD0l L80
U
Electronically Filed
Apr 13 2012 04:21 p.m.
Tracie K. Lindeman
Clerk of Supreme Court
Docket 60331 Document 2012-11964
OnSile - Final account statement: Zach Coughlin
NORRWlRC
1680 Sky Mountain Drive
Reno, NV 89503
Couqhlin, Zach
PO Box 3961
Reno, NV 89505-3961
lD8l 8CCOUD 88BRBD
Ledger Account at move-out
Attorey Or Legal Charges Coughlin lockout
29
Attorney Or Legal Charges Coughlin selice
breach 45
Attorney Or Legal Charges - Coughlin service
breach 71
Attorney Oi Legal Charges - Coughlin Service
of Breach
Damage Charges - Coughlin REPAIR
DAMAGE TO DOOR 29
Garage #029
Garage #045
Garage #071
Late Fees
166.00
40.00
40.00
40.00
450.00
120.00
1:2.50
122.50
67,00
Balance at move-out 1,168.00
See the itemized charges for a complete listing of the work.
Deposit Activities
Total DepJsits on hand
L,naQes/crcdit5..payments after move-out
Total acdrtional chargeS I credits i payments
0.00
0.00
Final Account balance

Bal3nce at move-out 1.168.0
Total Deposits 0.00
Total additional charges I credits I payments 0.00
Total account b31anc due 1,168.00
I
FAS Prepared
Date
User
Pay to
Coughlin, Zach
rage I VL 1
07/27/2012
Duncan, Jennifer
Lease Information - Unit GARAGE-GARAGE AD
Move-in OSf04/2C12
Notice given 07/19/2012
Lease expires 05/03/2013
Move-out
Move-out reason
07/19/2012
Evicted for non-compliance
with community policies
l Our records indirate that there is still an unpaid balance due on your aceol 'nt as shown here on your final statement. Please
contact our offie within ten (10) days to make arrangements for paymsnt of the balance due. If we do not hear from you, your
account will automatical ly b turned over for collection without iurher notice. If you have any questions regarding your balance
due, please call OJ come by the management office. NORTi1WND APARTMENTS
- ----
Manager
-
hllp:/I\,er2214030ne,it".rea!page,C0milems!new _RESIDENT/WizardsObjectOriemedifina... 81\ 6/20 12
1 011 0/2012 11 :27 Mark Mausert ,ESQ (FAX)77 5 786 9658
RENO CITY ATTORNEY'S OFFICE
JOHN J. KADLIC
Reno City Attorney
HNNPL YLN
lLLYT PL N
City C!Reno vs. zachar CCUgRD
Case NC. 121272 . NC.` 1
!l LB\C. 12 _- |7
Defense Attorney:
.
Keith Loomis
Henr OCCC
008lI0 |u8nI88
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P00llICHB LI5CCV!/'
NBlC0 CCClCHCBy By: :: Date: dl1IZ012
PROSECUTOR REQUEST FOR RECIPROCAL DISCOVERY
The City of Reno hereby requests that the above-named defendant, or
his/her counsel, provide reciprocal discovery pursuant to NRS 174.245.
P.001l025
10/10/2012 11 :28 Mark Mausert ,ESQ
(FAX) 77 5 786 9658 P.002/025
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Language: LCLISH U880l8I08.OPEN
DaB: 912711976 Agency#: "12728 0csr# \0621 A0006S7#.
ATTORNEY, SOnLO, HENRY
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06.14.1308 SECURE LOAOS ANO OOVERS ON LOADS
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N-!es
06.06.666A SECURED VEHICLE (INSURANCE) REQilREO OWNER
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COUGHIN, ZACHARY
Nlcknaml:
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Booking Ft6INamo, ZACHARY
Booking m1dUe Namel
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P.004/025
1 011 0/2012 11 :29 Mark Mausert ,ESQ
(FAX) 77 5 786 9658
CA>F \'7\
JMU!CEAICOUTOFTCHOF RO
COUTY OF WASHOE, STATE OF NYAA
CIY OF RO,
Plantff,
Y.
CRIAL COMPLAJ
(GF)
/~=-U~ <
L
Defendat
>b
!, |
Dr \V@> hereby complan and say tat
^ C-~ul-
38 committed te crime of\ \$ulitt "^
l0wit:
Tat said deendant OR01about @ @
ZU_ U0City of Reno,
ukof Nevada, ollQwf T ] - @l--t J
.]r };@=~/ 8 ^ ( B ~^-~
DO+ zp @ f
f
^CW0J0 is in violation ofNS adoptcdby8c0Ou
1.04.015 of the Reno Municipal U0t.
t All of which is ill vcla0ono{ _.l.C@C
Codc.
0Reno Muncpa
therefore request that said Defendant be dealt w th according to law.
herey declar upon information and belief under penaty ofpcljury pursuant to NRS
171.102, that the !orcong!rtue and correct I0 m0008|of my kOWlege .
(|mpIinapt) (Da!ed)
1/0
P.005/025
1 011 0/2012 11 :30 Mark Mausert ,ESQ (FAX) 77 5 786 9658
CASE # 1212728
THE MUNICIPAL COURT OF THE C!TYOF RNO
COUNTY OF WASHOE, STATE OF NFVAIA
ClTYOF RENO,
V.
Coughlin, Zachary
W
DOB SSN
Plaintiff,
Defendant
-
CRLÎCUMFl^!NT
(GENERAL)
!, P.J. 0aYer Badge #9469, hereby complain and say tat Zachary Coughlin ha
0CmP00 ccrime of nsccwcdlOto WI.
That said defendant on or about July 3, 2012, mthe City of Reno, Stte of Nevada, nthe
vicinity of Summit Rdge Drive and te McCaa ovg=:
Operateq mOtOIV0bl00 with a plastc storage tub resting on U0Ic0t 0m lid unsecured while
driving eastbound on Summit Ridge Te storage tub fell of the rear of te vehicle landing in
the middle of Summit Ridge causing 8small SUV to brake and 5Y00 around it.
o All of which 80viola|onofNK
1.04.015 of the Reno Municipal Code.
ddoptedbysection
All of whiohis in violation of6.14.130.B of the Reno Mmicipm
Code.
!\00I0010 request that said Defendant be dealt wth according to law.
Ihereby decIe ugun n3H8|on 8q belief Ider penalty of petjur pusuant to NR
3
W/MV/J
P.006/025
1 011 0/2012 11 :30 Mark Mausert ,ESQ (FAX) 77 5 786 9658
CASE 12-12728
THE MICIAL COURT OF THE CITY OF RNO
COUJYUF WA5HOE,STATFOF NEVADA
CITY 0RNO,
v.
Coughin, Zachary
09127176
DaB
295-86-4380
SSN
Plaintif
Defendat
~
CRIMINAL COMPLAIT
(GENERAL)
.A.I.Weaver, Badge #9469. borebycomplain and say that Zachary Coughlin N
committed the 0Im0of 100000required (ower) to wit:
J|said defendant on or about July 3. 2012, in the LI!j oReno, State of Nevada, in the
vicinity of 8umiIRld:Drive 80 Ih0 McCarran BI. overpass:
Operated a motor vehiql\ without cuent proof of valid vehicle insutrnoo.
_ Al of which I8 IBviolation ofNRS
1.04.015 of the Reno Municipal Code.
B 8dopIed bysection
g AIIof wbcbsnviolation of6.06.S5S.A of the Reno Municipal
Code.
rrc!croqucsttbatsaid D|cudalbrdcNlWlh8000I0mg!0law.
1 hereby doIsr: upon inf!lation m0 belief under penalty of perury pursuant to NRS
171,102, that the foregoing is tue ad corect to Ih0best of my knowledge.
1-- |
(Dtc)
P.007/025
1 011 0/2012 11 :30 Mark Mausert ,ESQ
CHIGINAL
ABKTA
UKCLAKATONUfF8UmL CAM

(FAX) 77 5 786 9658

` `
\ L y 9
H lZU!L
C / }J@
P.008/025
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1 011 0/2012 11 :31 Mark Mausert ,ESQ
(FAX) 77 5 786 9658
LLLAHA1PbU1%
lACL CAS: -I1
Details:
LnJuly 3, 2012, at approximately V2J h0W3, the defendant identifed as ?s|coupln
followed VI0llmMiKrebs 8 he cOppletedlsdaily tasks as a maintenance worker at the
Norwlnd Aparents.
Te nrn!0OW00 the victim for 0ggmXma|cyS-minutes. During the time Ihclndul
followed victim, he 0OB0uOuS!yyelled at m. P000t0g to the victim, the defendant yelled
bim_ "youm08wthmy sses_s|a,you will be sor." h0defendant also yelled at the
victim it would be "a mis|ae IO "mess" wthhi. The victim believed the defendt was
threatening him 0!attempting !0 b8t him into D0l. The defendant's conduct and words were
calculated lO QrOVOK0violence or a v|O)a|)Onof te law by the victim
Tbi|imbelieved the defendant was threatenin
g
him v
p
hysicdl harm. The victim |oldme
0\8 familiar WU the defendt and believes he regularly disglays unstable behavior.
Ily~, 2012, at approximately 1041 hours, |defendant was >:ondriVng vehicle on a
public steet toward te !or|hwndApartments. The defendant had two large plastic mb>
(epproxmeIyJ-! by 1.S-feet) riding 0B the top OJI8vehicle's tram. ToIubs were
unsecured and fell of the vehicle into croadway h0droVe The tubs p0sed 8 immediate
trafc hazard ad oau>odC\0 drivers l0 swerve to avoid colliding WUthem.
When the defendant was stopped fOr his tafic violation, he was notable to provide current
|I0Of 0in:mano
Te defendant was arrested for disturbing Ibpe4ce beclme he used 0OB0u0I!0provoke !00
victim I0 figt and caused the ictim to feel threatened. He W080|Sq c8gcd Wmunsecured
load because he drove hiS vehicle on dpublic street Wit11 cargo that was unsecured and actually
f:!into te roadway. He b charged \vith insurance required be0aUse he did not have proof of
insurance inside his
Ov
er
te past few weeks, the dcf:nd1jtmsbeen ipvoIvcdInmul!ipIe contattwith the victim.
J0000|0l3have aIl bcn5D8nB0lR0I0 !0cOU0 the defendant and the victim 0BU8date.
Te defendant W8 8ll08l0d booked for Ihe 8I00 charges becaUse he was likely to con_
l0 commit acts of disturbing the peace upon the V0ltm.
. .
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P0F0UD L L!U
A MAGISTRTB PAQ!J..OF
DEFENDANT ORDERED RELEASBD. DATE:
~
P.009/025
1 011 0/2012 11 :31 Mark Mausert ,ESQ
RENO POLICE DEPARTMENT
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1 011 0/2012 11 :33 Mark Mausert ,ESQ
(FAX)77 5 786 9658
1Z-1ZZ
NatratV0
Narrative written by Officer B. Dye

DETAILS:
P.013/025
@upp'-mon!NO
ORIG
Officer WEAVER and I are Oware of recent problems Ot the aparment complex located at 1680 Sky Mountain Dr.
because of someone living in oneof the storage garages.
Management had received calls of suspicious activity and a possible garage burglar from the residents, As
employees investigated these calls they discovered garage #45 was locked from the inside, indicating someone
was inside,
Residents could hear a swamp cooler running inside the closed garage, Staf was unable to make contact with
anyone at the garage when it was locked from the inside. Eventually the circuit breaker tripped and power was
turned of to this storage garage.
Storage garage #5 was rented to Zachary COUGHLIN. It was suspected at this time COUGHLIN was living
inside the storage garage, COUGHLIN was registered to three storage units at this apartment complex, #'$ 45,
29, and 71, Without power in #45, COUGHLIN moved into storage garage #29,
Staf would periodically see COUGHLIN near the garages then he would disappear. Upon looking for him they
would discover #29 would be locked from the inside, They were unable to make cntactor get inside the garage,
This continued for a few weeks and management noticed COUGHLIN watching the office staf, He would watch
the office until the last employee left work, Office staff suspected COUGHLIN did this so he could go into his
storage garage without them seeing him enter it.
The apartment manager Duane JAKOB gave COUGHLIN H notice informing him the storage garages were not fit
Icrhuman habitation, After receipt oIthis notice COUGHLIN became antagonistic tOward staff, COUGHLIN
would yell and make indirect threats to JAKOB and the maintenance worker, Milan KREBS
,
for gOing near his
storage garage. COUGHLIN would follow KREBS around the grounds, yell at him, and video him working,
At one point other workers witnessed COUGHLIN tampering with the tool box in the bed of KREBS' truck This
was on 6122/12. KREBS filed a report for this incident. See case #12-1 0967 for additional information,
City of Reno Code Enforcement posted each of COUGHLIN's storage garages S6 unlawful to OCcupy and
photographed the notice, This took place on June 21st at approximately 1137 hours,
JAKOB flied for eViction on the storage garages, COUGHLIN was evicted from unit #29 on June 28th, The
eviction paperork was inaccurate on units #45 and #71 and |BS been re-filed, COUGHLIN was locked inside
unit #29 during the eviction and refused to come out WCeo Deputies had to cut the door open to get
COUGHLIN out.
Over the course of the last month RPO has responded to this location in relation to COUGHLIN ten times. The
dBICSOIU6/4/12,6/5112,616/12,6119112,6/21/12,6/22112, 6/29/12 (O different calls), and 713/12. This does not
include the eviction and lockout performed by WCSO on OlOlJ
On JUIy3,2012 at approximately 1041 hours Officer Weaver and I were headed to 1bU Sky Mountain Dr. to
meet with the manager Duane JAKOB. He called Officer Weaver and indicated COUGHLIN was following his
employee KREBS around the complex threatening him,
JAKOB repored that COUGHLIN told KREBS (maintenance employee), "If [he] went HL=l his garage again [he'd]
be sorr" and continuing to do so would be 8 "mistake," COUGHU N said this while following KREBS and was
video recording, KREBS interpreted these statements as threats to his safety, The threats were made around
0925 hours this morning, 7/3/12.
KREBS has had multiple interactions with COUGHLIN throughout the last few weeks, He describes COUGH LIN
as unstable, agitated, and angry. KREBS admitted being fearful for what COUGHLIN is capable of doing based
on lerratic behavior. We were responding to this address to meet with KREBS and JAKOB due to these
threats.
8-^.`:
R9469/WAVR J
1 011 0/2012 11 :33 Mark Mausert ,ESQ
MBrI8tV0
(FAX)77 5 786 9658
1Z-1Z7Z
P.014/025
UBR0hl No
H1G
While driving on the McCarran off-ramp to Summit Ridge Dr. we observed a si | ver Honda Accord with a plastic
storage tub on !he trunk traVe||ng east from the four-way stop near !heJJ The plastic tub fell of the trunk lid
and Into the street. A small SUV had to brake and swe|Q to avoid striking the tUb. The Honda pulled over and
we Ct|Va!eC our li gh(s so we cou|C contact the drive| This occurred around U4 hour8 U /OlJ.
Upon Uonldct with the driver and sole occupant of the vehicle we recognized him as COUGHLIN. He provided a
Nevada drivers license confirming his Identity.
While on the traffic 6I0 LLLLILl! indicated he was moving. We did not know where he was moving to but knew
|e had property at the garages at 1OdU Sky Mountain Dr.
Officer MAGEE responded to the stop at our request. We asked him to meet with ^Hc at 1OOU Sky Mountain
Dr. KREBS advised he wa|ted to pre8s charges against COUGHLIN for making verbal lhreat6to him (di sturbing
the peace). KREB provided a written statement and signed a crlminal complaint for disturbing he peace against
COUGHLIN placing him under citizen's arrest.
Based on the prior histor with COUGHLIN at TdU Sky Mountain Dr. and concerns for continued behavior along
Wl hM saIt/ COUGHLIN was taken into custody. He was Ud|tio0a|ly charged with having an unsecured
load and no proof of valid vehic| e |nsu|ae.
Officer TOPOIAN arriVed and transported COUGHLIN to the YLL Jail for booking.
KREBS was Offered assistance from RPD vitim advocates to obtHn a protection order aganst LL\GILlN,
|l 1r t= r=r cf1ir tr forIIlu I !Hlc cr:|e ++P 1i P1 l+c Tvrv i+ l t+rl vs+w = Y
1 011 0/2012 11 :42 Mark Mausert ,ESQ
Narrative
(FAX)77 5 786 9658
1212728
P.014/025
Supplement No
ORIG
While driving on the McCarran off-ramp to Summit Ridge Dr. we obsered a silver Honda Accord with a plastic
storage tub on the trunk traveling east from the four-way stop near the 7-11. The plastic tub fell of the trunk lid
and Into the street. A small SUV had to brake and swerve to avoid striking the tUb. The Honda pulled over and
we activated our lights so we could contact the driver. This occurred around 1041 hours on 7/3/12.
Upon contact with the driver and sale occupant of the vehicle we recognized him as COUGHLIN. He provided a
Nevada drivers license confirming his Identity.
While on the trafic stop COUGHLIN indicated he was moving. We did not know where he was moving to but knew
he had property at the garages at 1680 Sky Mountain Dr.
Officer MAGEE responded to the stop at our request. We asked him to meet with KRESS at 1680 Sky Mountain
Dr. KREBS advised he wanted to press charges against COUGHLIN for making verbal threats to him (disturbing
the peace). KREBS provided a written statement and signed a criminal complaint for disturbing the peace against
COUGHLIN placing him under citizen's arrest.
Based on the prior histor with COUGHLIN at 1680 Sky MOuntain Dr. and concerns for continued behavior along
with KREBS' safety, COUGHLIN was taken into custody. He was additionally charged with having an unsecured
load and no proof of valid vehicle insurance.
Oficer TOPOIAN arrived and transported COUGHLIN to the WCSO Jail for booking.
KREBS was Offered assistance from RPD victim advocates to obtain a protection order against COUGHLIN.
KREBS came to the main st atioli to facilitate this paperwork. At the time of this repor it is unknown is the TPO
was granted.
We took digital photographs of Coughlin's vehicle and completed a RPD Vehicle Tow Sheet. These photos were
booked into RPD Veripic. Big Horn Towing arrived and towed the vehicle to their yard.
Sg!. BRADSHAW and Lt. Wiecking were notified of the detailS of this case.
NO FURTHER.
R9469
1 011 0/2012 11 :42 Mark Mausert ,ESQ
gWHm
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D O!R
STATEMENT
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(FAX)77 5 786 9658
FOR POLCE U$ ONLY,
c;N: l- I] 7Z 8
TAeN BY: 4. ier :q't
P.015/025
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PlSSeMINAlON RESTRICTED TO CIMINALJUmCE AGENCIES ONLY. SECONDARY DIS"INATlON I PROHIPrb.
Re d 21/0
1 011 0/2012 11 :46 Mark Mausert ,ESQ
MR. ZACHARY COUGHLIN
P.O. BOX 3961
Reno, NV 89505
RENO MUNICIPAL COURT
DEPARTMENT ONE
JAY DILWORTH. JUOGE
CITY OF RENO
NEVADA
Augl)st 13, 2012
Re: Case No. 12 CR 1242021
Dear ZACHARY COUGHLIN;
(FAX) 77 5 786 9658
P.023/025
The above referenced case was set for August 23'd at 1 :00 PM. Your court appointed
attorney, Keith Loomis has withdrawn as council, and therefore we have reset your trial
for a new date with a new legal defender. Your trial date is September 4, 2012
at 8:00 am in courtroom B Deparment One of the Reno Municipal Cour. A Cour
Appearance slip is attached for your records. Please note that YOLlr Legal Defender on
the above referenced case is Henry Sotelo, Esquire. You may contact your attorney at
(775) 525-1529. Any request for a continuance must be filed in writing no later t han ten
(10) days prior to your trial date.
FAILURE TO APPEAR AS SCHEDULED MAY RESULT IN ISSUANCE OF A
WARRANT FOR YOUR ARREST.
Sincerely,
A. Carter
Department One Clerk
1'.0. BOX 1900. RENO. NoVADA 89505 1775) 3342$90. fAX 1715) 3265110. 10C, 11751 33;2298
1 011 0/2012 11 :46 Mark Mausert ,ESQ
(FAX) 77 5 786 9658
CERTIFICATE OF SERVICE
P.024/025
2
Pursuant to NRCP 5 (b), I certify that I a an employee of the Reno City
3
Attorey, Reno, Nevada, and that on the 16t
h
, day of August, 2012, I deposited for mailing at
4
Reno, Nevada, first class postage prepaid, a tme and corect copy of the foregoing document
5 addressed to:
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110 Cit Attorney
P.O. Box 1900
teno, N 89505
Henr Sotelo,
E
sq.
930
E
vans Street
Reno, NV 89512
Legal Secreta, Criminal Division \
1
CERTIFICATE OF SERVICE
P.025/025
2
Pursuant to NRCP 5 (b), I cerify that I a an em
p
loyee of the Reno Cit
3
Attorey, Reno, Nevada, and that on the 16th day of August, 2012
,
I deposited for mailing at
4
Reno, Nevada, frst class postage prepaid, a true and correct copy of the foregoing document
5 addressed to:
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R,no City Attorn,y
1.0. lox 1900
Reno, NV 89505
Henr Sotelo, Esq.
930 Evans Street
Reno, NV 89512
egal Secretary, Criminal Division
Zach Coughlin, Esq.
PO BOX 3961
Reno, NV 8955
!el" ##5 338 8118
$a%" 9&9 66# #&'
ZachCoughlin(ho)*ail.co*
+a,i- Cla./, Esq., Ba. Counsel
Pa).ic/ 0ing, Esq., Ba. Counsel
co*1lain)s(n,2a..o.g
3)a)e Ba. o4 Ne,a-a
P.O. Bo% 5
5as Vegas, NV 891'565
6 E. Cha.les)on Bl,-. 5as Vegas, NV 891&
3)a)e Ba. o4 Ne,a-a O44ice o4 Ba. Counsel
9&56 +ou2le R Bl,-. 3ui)e B, Reno, NV 895'1
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legal =o./ -one 2; unlicense- non6a))o.ne;s. Rega.-less o4 )he la= o4 )he case o. .es Du-icia)eEclai*
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2.each o4 lease &.'53H8. !his is 1a.)icula.l; 2a- =he.e NC3 an- Chan-le. a.e also ge))ing 1ai- )o
se.,e 1.ocess in )hese sa*e cases an- =he.e NC3Gs R. :.a; lie- a2ou) con-uc)ing 1e.sonal se.,ice on
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.e1.esen)a)ion =hen Richa.- Bill, Esq. go) *e con,ic)e- o4 c.i*inal ).es1ass 4.o* )he sa*e 4o.*e. la=
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2lin-s in )ea*s o4 )=o, .inging -oo. 2ells 4o. & *inu)es a) a )i*e 3 )i*es a -a; 7o4 cou.se )he RP+
chose no) )o 4ollo= u1 on *; 1olice .e1o.)s, na)ch8...:ell, !ai)el no= =o./s 4o. :ashoe 5egal
3e.,ices, e,en 4u.)he. cu))ing a))o.ne;s an- )he 3i%)h 9*en-*en) ou) o4 )he ga*e in so*e ECR -eal
:53 has 2een ).;ing )o ge) a 1iece o4 4o. ;ea.s.
Jnge. ,. 5an-lo.-sG >anage*en) Co.1. 11& N.?. Eq. 68, 168 9. ''9, An Nai*o ,. $le*ing, 95 Ne,. 13,
588 P.'- 1'5, )he 3u1.e*e Cou.) o4 Ne,a-a u1hel- -is*issal o4 a co*1lain) 4ile- in ,iola)ion o4
NRCP 11, )he Ne,a-a .ule equi,alen) o4 Rule 55.37a8. Ou)6o46s)a)e counsel signe- )he co*1lain) an-
4ile- i) in Ne,a-a cou.) 2u) a11a.en)l; -i- no) se.,e -e4en-an)s. Eigh)een *on)hs la)e., 1lain)i44 4ile- an
a*en-e- co*1lain) signe- 2; a Ne,a-a a))o.ne;. +e4en-an)s -i- no) lea.n o4 )he la=sui) un)il )he
a*en-e- co*1lain) =as 4ile-. $u.)he., )he s)a)u)e o4 li*i)a)ion e%1i.e- on )he clai*s 2e4o.e )he
a*en-e- co*1lain) =as 4ile-. !he ).ial cou.) -is*isse- 1lain)i44Ks clai*s u1on -e4en-an)sK *o)ion
4in-ing )ha) 1lain)i44Ks ou)6o46s)a)e counsel -eli2e.a)el; ,iola)e- )he .ules go,e.ning signing o4
1lea-ings an- a-*ission o4 ou)6o4s)a)e a))o.ne;s Lin an e44o.) )o /ee1 )hei. la=sui) ,ia2le 2u) a,oi- )he
cos) o4 associa)ing Ne,a-a counsel.M A-. a) 1'6. !he ).ial cou.) also hel- )he case shoul- 2e -is*isse-
as )he s)a)u)e o4 li*i)a)ions ha- .un 1.io. )o )he 4iling o4 )he a*en-e- co*1lain) =hich =as signe- 2;
)he Ne,a-a a))o.ne;. !he Ne,a-a 3u1.e*e Cou.) a44i.*e- -is*issal o4 1lain)i44sK clai*s.
Basic Cha.ging 3)a)u)e 4o. JP5 !he Jnau)ho.iFe- P.ac)ice o4 5a= is go,e.ne- 2; NR3 N#.'85 L9
1e.son shall no) 1.ac)ice la= in )his s)a)e i4 )he 1e.sonOAs no) an ac)i,e *e*2e. o4 )he 3)a)e Ba. o4
Ne,a-a o. o)he.=ise au)ho.iFe- )o 1.ac)ice la= in )his 3)a)e 1u.suan) )o )he .ules o4 )he 3u1.e*e
Cou.).M $i.s) O44ense P >is-e*eano. 3econ- O44ense P @.oss >is-e*eano. !hi.- O44ense P Ca)ego.;
E $elon;, 1unisha2le 2; i*1.ison*en) o4 no) less )han 1 ;ea. an- no) *o.e )han & ;ea.s, an- a 4ine o4
no) *o.e )han Q5. !he 3)a)e Ba. o4 Ne,a-a *a; 2.ing a ci,il ac)ion )o secu.e an inDunc)ion an- an;
o)he. a11.o1.ia)e .elie4.
'E1&
A ha,e .ecen)l; 2een in,ol,e- in se,e.al lan-lo.- )enan) *a))e.s in =hich A a* a 1a.);, su**a.;
e,ic)ion 1.ocee-ings. An )hose *a))e.s, )he Reno ?us)ice Cou.) has allo=e- a 1.o1e.); *anage. 4.o*
:es)e.n Ne,a-a >anag*en), 3ue 0ing, 7R?C Re,'1'63#&8 )o a11ea. on 2ehal4 o4 Pa./ !e..ace
Bo*eo=ne.s 9ssoci)a)ion 71.io. )o @a;le 0e.nGs en).;8, an-, in ano)he. *a))e., allo=e- Ne,a-a Cou.)
3e.,ices )o a11ea. on 2ehal4 o4 No.)h=in- 91a.)*en)s 7=hich is o=ne- an- o1e.a)e- 2; 9C@69>PA,
Anc., =hich -oes 2usiness in )en s)a)es, as a co.1o.a)ion, =hich );1icall; *us) .e)ain an a))o.ne; )o
.e1.esen) i) in cou.).8. Ne,a-a Cou.) 3e.,ices is a 1.ocess se.,e. co*1an;, )hough )he; lis) an a))o.ne;
as a C3)a44 9))o.ne;C on )hei. =e2si)e an- as Cassocia)e- =i)hC )hei. o.ganiFa)ion. Bo=e,e., in )he
su**a.; e,ic)ion 1.ocee-ings in =hich A =as a 1a.);, NC3 a11ea.e- on 2ehal4 o4 clien)s, c.ossing )he
2a. an- a.guing in cou.), an-, a11a.en)l;, -.a4)ing 4ilings, =hich )he; also se.,e an- so*e)i*es
no)a.iFe, on 2ehal4 o4 clien)s. NC3Gs ?e44 Chan-le. -oes no) ha,e a la= license as 4a. as A /no=, no. -i-
he go )o la= school. Bo=e,e., his .ec/less a2use o4 cou.) 1.ocesses .esul)e- in *; .ecen)l; s1en-ing
18 -a;s in Dail an- 2eing a..es)e- )=ice in a & -a; 1e.io-. On ?une 1&)h, '1', a R. :.a; 4.o* NC3
a))e*1)e- )o 2.ea/ in)o *; .en)al R'9 a) 168 3/; >oun)ain +.. in Reno a) No.)h=in- 91a.)*en)s. Be
)hen 4iel- a s=o.n a44i-a,i) a))es)ing )o ha,e e44ec)ua)e- 1e.sonal se.,ice u1on *e a) )ha) )i*e o4 a 5
-a; unla=4ul -e)aine. no)ice. !he.e is no =a; R. :.a; coul- ha,e 1ossi2l; seen )h.ough a *e)al -oo.
an- asce.)aine- )ha) so*eone o4 Csui)a2le age an- -isc.e)ionC =as )he.e )o .ecei,e )ha) no)ice su44icien)
)o e44ec)ua)e C1e.sonal se.,iceC an- )he.e2; cu) -o=n )he )i*e )o 4ile a !enan)Gs 9ns=e. 2; 3 -a;s
7NRCP 67e8 acco.-s )h.ee a--i)ional -a;s 4o. *ailing in )he co*1u)a)ion o4 )i*e )o .es1on-, e)c.8.
$u.)he., )he 5 -a; no)ice )ha) NC3 1.e1a.e- an- 1os)e- 7cons).uc)i,e o. su2s)i)u)e- se.,ice8 =as
insu44icien) in )ha) i) *is)a/enl; lis)e- 31a./s ?us)ice Cou.) as )he a11.o1.ia)e 4o.u* 4o. )he )enan),
*;sel4, )o 4ile a !enan)Gs 9ns=e. un-e. NR3 &.'53768.
A con4i.*e- =i)h )he Reno ?us)ice Cou.) )ha), e,en i4 A -i- nee- )o 4ile a !enanG)s 944i-a,i) in
Reno ?us)ice Cou.) -es1i)e )ha) insu44icien) no)ice, )ha), gi,en )he lac/ o4 1e.sonal se.,ice on ?une 1&)h,
'1', A =oul- ha,e un)il a) leas) noon on ?une '8)h, '1' )o 4ile )he !enan)Gs 944i-a,i). A su2*i))e- one
4o. 4iling =i)h )he 31a./s ?us)ice Cou.) an- *a; ha,e so su2*i))e- one =i)h )he Reno ?us)ice Cou.) 7A
nee- )o -o *o.e .esea.ch, e)c...8 2u) A /no= A 4u.)he. in)en-e- )o 4a% 4ile ano)he. !enan)Gs 944i-a,i) =i)h
)he R?C 2e4o.e noon on )he ?une '8)h, '1' Dus) )o 2e su.e. A a* 4o.=a.-ing )o ;ou e*ails A sen) )he
31a./s an- Reno ?us)ice Cou.)s on Dune '6)h, '1' an- ?ul; ', '1' highligh)ing )he insu44icienc; o4
no)ice on )he 5 -a; unla=4ul -e)aine. no)ice, e)c...
NR3 &.'53738, 1.o,i-es )ha)"
C3. 9 no)ice se.,e- 1u.suan) )o su2sec)ion 1 o. ' *us)"
7a8 A-en)i4; )he cou.) )ha) has Du.is-ic)ion o,e. )he *a))e.I an-
728 9-,ise )he )enan)"
718 O4 )he )enan)Ks .igh) )o con)es) )he *a))e. 2; 4iling, =i)hin )he )i*e s1eci4ie- in su2sec)ion 1 4o. )he
1a;*en) o4 )he .en) o. su..en-e. o4 )he 1.e*ises, an a44i-a,i) =i)h )he cou.) )ha) has Du.is-ic)ion o,e.
)he *a))e. s)a)ing )ha) )he )enan) has )en-e.e- 1a;*en) o. is no) in -e4aul) in )he 1a;*en) o4 )he .en)IC
A a* =.i)ing )o .eques) a 4o.*al o1inion as )o =he)he. ini-i,i-uals =ho lac/ a la= license 7o.
so*eone li/e *;sel4, =ho has one )ha) is cu..en)l; sus1en-e-8 can .e1.esen) 1a.)ies in lan-lo.- )enan)
*a))e.s an- o)he.=ise 1e.4o.* legal =o./, -.a4) 4ilings, a11ea. on 2ehal4 o4 lan-lo.-s o. )enan)s, e)c.,
an- i4 )he; *a; no), )o 4ile )his =.i))en g.ie,ance agains) NC3, Richa.- @. Bill, Esq., an- Case; Ba/e.,
Esq., an- :es)e.n Ne,a-a >anage*en), 3ue 0ing, an- @a;le 0e.n, Esq., an- 5e=is !ai)el, Esq.
9--i)ionall;, a 2asis 4o. )he g.ie,ance agains) Ba/e. an- Bill is )ha) )he; sough) Q', =o.)h
3E1&
o4 a))o.ne;Gs 4ees in a su**a.; e,ic)ion 1.ocee-ing, -es1i)e NR3 69.3 1.eclu-ing i) an- -es1i)e
Ba/e.Gs ci)ing an a))o.ne;Gs 4ees s)a)ue )ha) .ela)e- )o a co*1le)e non6issue, )he *anu4ac)u.e o4 a
con).olle- su2s)ance 2; an e,ic)e- )enan). 9--i)ionall;, Ba/e. an- Bill ha,e no *anage- )o 2e a=a.-e-
so*e Q&3, =o.)h o4 a))o.ne;Gs 4ees on a11eal -es1i)e )he 4ac) )ha) *uch o4 )ha) a=a.- =as
necessi)a)e- 2; )he hea.ing an- 1.e1a.a)ion 4o. such a hea.ing an- 4ilign o4 -ocu*en)s .ela)e- )he.e)o,
)o un-o )he a))o.ne;Gs 4eeEcos) a=a.- a) )he su**a.; e,ic)ion 1.ocee-ing le,el an- Ba/e.Gs su2*i))ing a
1.o1ose- O.-e. )o ?u-ge 34e..aFFa in R?C Re,'1161#8 )ha) ).ans4e..e- )he .igh) )o so*e Q','#5
)ha) A =as 4o.ce- )o -e1osi) in)o )he R?C as L.en) esc.o=M 7-es1i)e )he -ic)a)es agains) )he Cou.) so
.equi.ing 4oun- in NR3 &.'537688 )o )hei. clien), >a)) >e.liss, -es1i)e )he 4ac) )ha) ?u-ge 34e..aFFaGs
O.-e. as .en-e.e- e%1.essl; s)a)e- )ha) )ha) *one; shoul- 2e .e)u.ne- )o *e, su2Dec) )o 2eing hel4 4o.
so*e )i*e as an a11eal 2on-.
?us)ices in )he Reno ?us)ice Cou.) ha,e 2een allo=ing )his 4.o* *; e%1e.ience, an- A =ish )o
/no= i4 A a* a2le )o 1e.4o.* such =o./ =hile *; license is sus1en-e-. :hile NR3 &.'53 -oes see*
)o len- so*e su11o.) )o )he ,ie= )ha) a Clan-lo.-Gs agen)C is a2le )o -o so*e )hings 7se.,ice no)ices,
e)c.8, A 4in- no su11o.) 4o. )he con)en)ion )ha) such a Clan-lo.-Gs agen)C non6a))o.ne; li/e ?e44 Chan-le.
o4 NC3 is 1e.*i))e- )o c.oss )he 2a. an- .e1.esen) clien)s in su**a.; e,ic)ion 1.ocee-ings an-
o)he.=ise -.a4) legal 4ilings 7so*e o4 =hich =in- u1 g.ea)l; -a*aging *e*2e.s o4 )he 1u2lic, such as
*;sel4 in ligh) o4 )he )=o a..es)s A 4ace, *uch less )he ci,il -a*ages an- los) )i*e inci-en) )o NC3Gs e..
in lis)ing 31a./s ?us)ice Cou.) as )he 4o.u* un-e. NR3 &.'537387a86728 an- in )hei. ena2ling )hei.
1.ocess se.,e. R. :.a; )o lie a2ou) e44ec)ing C1e.sonal se.,iceC on ?une 1&)h, '1'8.
$lo.i-a has a case on 1oin)" Bo=e,e., an e%ce1)ion e%is) 4o. e,ic)ions. An )hose cases, a co.1o.a)ion
*a; no) a11ea. 1.o se an- *us) 2e .e1.esen)e- 2; an a))o.ne;. ?ohns)o=n P.o1e.)ies Co.1. ,. @a2.iel,
5 $la. 3u11. 138 7$la. Pol/ C);. cou.) 1988.
O1e.a)ing an e,ic)ion se.,ice 2; 1.o,i-ing in4o.*a)ion )o clien)s conce.ning e,ic)ion 1.oce-u.es
7Peo1le ,. 5an-lo.-s P.o4essional 3e.,ices 719898 '15 Cal.911.3- 15998I !hus Cali4o.nia )o-a;
-e4ines la= 1.ac)ice as 1.o,i-ing Llegal a-,ice an- legal ins).u*en) an- con).ac) 1.e1a.a)ion, =he)he.
o. no) )hese su2Dec)s =e.e .en-e.e- in )he cou.se o4 li)iga)ion.M Bi.2o=e., >on)al2an, Con-o S $.an/,
P.C . , 3u1e.io. Cou.)., su1.a, a) 1'8. P.o,i-ing legal a-,ice o. se.,ice is a ,iola)ion o4 )he 3)a)e Ba.
9c) i4 -one 2; an unlicense- 1e.son, e,en i4 )he a-,ice o. se.,ice -oes no) .ela)e )o an; *a))e. 1en-ing
2e4o.e a cou.). 7>ic/el ,. >u.1h; 7195#8 1&# Cal.911.'- #18, #'1.8 !his -e4ini)ion o4 la= 1.ac)ice is
2.oa- an- non6s1eci4ic, 2u) )ha) 1olic; choice is one =hich )he Cali4o.nia cou.)s ha,e *a-e
consciousl;. !he Cali4o.nia cou.) o4 a11eals has su**a.iFe- )he .a)ionale 4o. )his 2.oa- a11.oach as
4ollo=s" T9Un; -e4ini)ion o4 legal 1.ac)ice is, gi,en )he co*1le%i); an- ,a.ia2ili); o4 )he su2Dec),
inca1a2le o4 uni,e.sal a11lica)ion an- can 1.o,i-e onl; a gene.al gui-e )o =he)he. a 1a.)icula. ac) o.
ac)i,i); is )he 1.ac)ice o4 la=. !o .es).ic) o. li*i) i)s a11lica2ili); )o si)ua)ions in )he in)e.es) o4
s1eci4ici); =oul- also li*i) i)s a11lica2ili); )o si)ua)ions in =hich )he 1u2lic .equi.es 1.o)ec)ion. #
Peo1le ,. 5an-lo.-s P.o4essional 3e.,ices 719898 '15 Cal.911.3- 1599, 169. An su*, Cali4o.nia uses a
2.oa- s)an-a.- 4o. -e4ining la= 1.ac)ice )o *a%i*iFe i)s a2ili); )o 1.o)ec) i)s ci)iFens 4.o* =.ongs
a.ising 4.o* )he 1.ac)ice V o. coun)e.4ei)e- 1.ac)ice V o4 la=. A) cons)i)u)es )he unlicense- 1.ac)ice o4
la= 4o. a nonla=;e. )o .e1.esen) a )hi.- 1a.); in an e,ic)ion. @ene.all; s1ea/ing, a nonla=;e. *a; no)
1.e1a.e e,ic)ions 4o.*s 4o. ano)he. unless )he nonla=;e. is *e.el; );1ing )he in4o.*a)ion 1.o,i-e- in
=.i)ing 2; )he in-i,i-ual o. co*1le)ing a 3u1.e*e Cou.) 911.o,e- 4o.* =i)h )he 4ac)ual in4o.*a)ion
1.o,i-e- 2; )he in-i,i-ual. 9n e%ce1)ion e%is)s 4o. 1.o1e.); *anage.s. An !he $la. Ba. .e" 9-,iso.;
O1inion Nonla=;e. P.e1a.a)ion o4 5an-lo.- Jncon)es)e- E,ic)ions, 65 3o. '- 868 7$la. 199'8,
&E1&
cla.i4ie-, 6'# 3o. '- &85 7$la. 19938 )he Cou.) hel- )ha) a 1.o1e.); *anage. *a; sign an- 4ile
co*1lain)s 4o. e,ic)ions an- *o)ions 4o. -e4aul) in uncon)es)e- .esi-en)ial e,ic)ions 4o. non1a;*en) o4
.en) as long as )he 1.o1e.); *anage. is using a 3u1.e*e Cou.) 911.o,e- 4o.*.
?e44 Chan-le. o4 NC3 an- 3ue 0ing o4 :es)e.n Ne,a-a >anage*en) a.e going 4a. 2e;on-
gi,ing clien)s 4o.*s )o 4ill ou). Chan-le. is a-,ising his clien)s on co*1lica)e- legal -is)inc)ions
2e)=een NR3 &.#8 an- NR3 &.'53, in a--i)ion )o su2o.ning 1e.Du.; 2; his 1.ocess se.,e. R. :.a;,
as =ell as l;ing )o )enan)s a2ou) )he i*1o.) o4 his Cc.i*inal ).es1assC =a.nings un-e. NR3 '#.'.
9) 4i.s) 3ue 0ing -eci-es )o 1u.sue an e,ic)ion un-e. a No Cause No)ice, 2u) )hen )he -a;
co*es )o 4ile )he 5an-lo.-Gs 944i-a,i) an- she 4igu.e ou) i) is *o.e a-,an)ageous )o 1u.sue an e,ic)ion
un-e. a 4ailu.e )o 1a; .en) )heo.;. !ha) is 4.au- =he.e s1eci4ic no)ice 1e.io-s a.e .equi.e- 4o. each
-i44e.en) );1e o4 No)ice 1u.sue-.
An )he 4ollo=ing cases in,ol,ing allega)ions )ha) a nonla=;e. engage- in )he unau)ho.iFe-
1.ac)ice o4 la=, )he cou.)s hel-, =he.e i) ha- 2een asse.)e- )ha) )he -e4en-an) s1eci4icall; engage- in
con-uc) in,ol,ing .eal es)a)e *a))e.s, )ha) )he -e4en-an) =as in con)e*1) -ue )o such con-uc). 9
nonla=;e.Gs ac)ions, consis)ing o4 4iling ini)ial e,ic)ion co*1lain)s 4o. .esi-en)ial lan-lo.-s, counseling
lan-lo.-s a2ou) legal *a))e.s =i)h .ega.- )o )enan) e,ic)ion ac)ions, );1ing o. 1.in)ing o.all;
co**unica)e- in4o.*a)ion on )enan) e,ic)ion 4o.*s se) 4o.)h in a 1e)i)ion, an- a11ea.ing in cou.) a)
Du-icial 1.ocee-ings 4o. )enan) e,ic)ion, cons)i)u)e- )he Cunau)ho.iFe- 1.ac)ice o4 la=C 74o.*e. $la.
3)a). 9nn. N 83.18, 1unisha2le 2; con)e*1), )he cou.) hel- in !he $lo.i-a Ba. ,. >ic/ens, 55 3o. '-
1319 7$la. 198#8. !he $lo.i-a Ba. 4ile- a 1e)i)ion cha.ging a nonla=;e. =i)h )he unau)ho.iFe- 1.ac)ice
o4 la= an- con)e*1) o4 a 1.e,ious o.-e. )ha) enDoine- )he nonla=;e. 4.o* )he 1.ac)ice o4 la=, )he
*a))e. =as .e4e..e- )o a .e4e.ee 4o. hea.ing, an- )he s)a)e su1.e*e cou.), on .e,ie=, a11.o,e- )he
.e4e.eeGs .eco**en-e- 4in-ings an- -isci1line an- hel- )ha) )he nonla=;e.Gs ac)ions cons)i)u)e- )he
Cunau)ho.iFe- 1.ac)ice o4 la=,C an- )ha) )he unau)ho.iFe- 1.ac)ice o4 la= Dus)i4ie- inca.ce.a)ion, a
Q1, 4ine, assess*en) o4 cos)s, an- an inDunc)ion.
Bo)h NC3 an- :es)e.n Ne,a-a P.o1e.); >anage*en) a11ea. )o 2e going 2e;on- using Ne,a-a
3u1.e*e Cou.) 4o.*s. An-ee-, :N> se.,es a 3 -a; No Cause No)ice )hen 4iles a 5an-lo.-Gs
944i-a,i), a11a.en)l;, )ha) allege- 4ailu.e )o 1a; .en) 7an- i4 )he su2)enan) =as a co**e.cial )enan),
)hen such an e,ic)ion is i*1e.*issi2le un-e. NR3 &.'538. $u.)he. NC3 is see*ingl; 1.o,i-ing legal
counsel )o No.)h=in- 91a.)*en)s, al)e.na)i,el; counseling i) )o 1u.sue an e,ic)ion un-e. NR3 &.'53
un-e. a 2.each o4 lease )heo.;, onl; )o su2sequen)l; 4ile an- 1u.sue such an en- un-e. NR3 &.#6.
A .e1o.)e- 2; con,ic)ion 4o. c.i*inal ).es1ass )o )he J3P!O an- Ba. Counsel in Ne,a-a in
R>C 11 CR '6&5. An )he su**a.; e,ic)ion *a))e. inci-en) )o )ha) case R?C Re,'1161#8, NC3,
in *; o1inion, c.i*inall; ).es1asse- in)o *; 4o.*e. ho*e la= o44iceGs ga)e- 2ac/;a.- on nu*e.ous
occasions an- o)he.=ise ha..asse- *e in a))e*1)ing )o e44ec)ua)e 1e.sonal se.,ice o4 ,a.ious no)ices in
)he con)e%) o4 a su**a.; e,ic)ion 1.ocee-ing 7one agains) a co**e.cial )enan) =he.e )he 4ailu.e )o 1a;
.en) =as nei)he. 1lea- no. no)ice, in ,iola)ion o4 )he -ic)a)es o4 NR3 &.'538. A .ealiFe so*e o4 )hese
)hings sli-e in )he -a; )o -a; o4 a ?us)ice Co.u), 2u) =hen a 1a)en) a))o.ne;Gs li,elihoo- is )a/en a=a;
an- i) ge)s li)iga)e- on a 4e-e.al le,el, as a .esul) c.i*inal con,ic)ion, )he .esul) *a; 2e -i44e.en).
Rega.-less, in )ha) sa*e c.i*inal ).es1ass case, )he a))o.ne; =ho sha.es an o44ice s1ace =i)h NC3, a
4a% nu*2e., a11a.en)l; a .ece1)ionis), an- is lis)e- as Cassocia)e =i)hC )hei. o.ganiFa)ion an- as )hei.
C3)a44 9))o.ne;C on NC3Gs =e2si)e, 5e=is !ai)el, Esq., =as a11oin)e- as *; 1u2lic -e4en-e. 2; )he
R>C in 11 CR '6&5, -es1i)e )he 4ac) )ha) A ha- a))e*1)e- )o sue NC3 Dus) one *on)h 1.io.
5E1&
7a11a.en)l; his con4lic)s chec/ 4aile- )o ca)ch )ha), an- he su2sequen)l; 4aile- )o co*1l; =i)h R>C
Rules .ela)e- )o -isclosing ,ia =.i))en *o)ion )o 2asis 4o. see/ing an- O.-e. g.an)ign his =i)h-.a=al as
a))o.ne; o4 .eco.-, onl; )o 1ass )he case )o Ro2e.)o Puen)es, Esq., =ho* su2sequen)l; a-*i))e- a close
1e.sonal 4.ien-shi1 =i)h !ai)el an- 2usiness .ela)ionshi1 =i)h NC38.
:hile Richa.- @. Bill an- o)he.s a11a.en)l; a.e a2le )o 4ile g.ie,ances =i)h )he 3)a)e Ba. )ha)
a.e acco.-e- case nu*2e.s an- Ba. Counsel .esou.ces 4o. *on)hs, )he g.ei,ances A 4ile- =i)h .es1ec) )o
)hese *a))e.s ha,e 2een .eDec)e-, an- A =oul- li/e an e%1lana)ion o4 =h; i4 A *a; 2e 1.o,i-e- one.
3i*1l; 1u), A a* 1.e)); su.e A canno) hang ou) a shingle )o 1e.4o.* hea.) su.ge.ies )o*o..o= =i)h
i*1uni);, an- )hese non6la=;e.s shoul- no) 2e 1e.*i))e- )o ha,e such a -.a*a)ic e44ec) on so*e)hign
so 1.i*a.; )o )he li,es o4 *e*2e.s o4 )he 1u2lic, ie, )he .eal 1.o1e.); )he; .en) 4o. shel)e., 2usiness
1u.1oses, o. s)o.age, e)c.
Bo=e,e., )he :ashoe Coun); 3he.i44Gs O44ice e44ecu)a)e- a loc/ou) a) 1 a* on )he *o.ning o4
?une '8)h, '1' =i)h an O.-e. 4.o* )he Reno ?us)ice Cou.). ?e44 Chan-le. o4 NC3 =as 1.esen) a) )ha)
)i*e an a))e*1)e- )o se.,e *e a no)ice in4o.*ing *e A =as 2eing Cc.i*inall; ).es1asse-C 4.o* )he
en)i.e No.)h=in- co*1le% a) )ha) )i*e. Bo=e,e., A s)ill ha- )=o o)he. ,ali- .en)als o. lease ag.ee*en)s
)o uni)s R#1 an- R&5, an- as such, -o no) 2elie,e a c.i*inal ).es1ass =a.ning =as 1ossi2le =i)h .es1ec)
)o )he en)i.e co*1le%.
Real es)a)e .ela)e-WBel- in con)e*1)
TCu*ula)i,e 3u11le*en)U
An )he 4ollo=ing cases in,ol,ing allega)ions )ha) a nonla=;e. engage- in )he unau)ho.iFe-
1.ac)ice o4 la=, )he cou.)s hel-, =he.e i) ha- 2een asse.)e- )ha) )he -e4en-an) s1eci4icall; engage-
in con-uc) in,ol,ing .eal es)a)e *a))e.s, )ha) )he -e4en-an) =as in con)e*1) -ue )o such
con-uc).
9 nonla=;e.Gs ac)ions, consis)ing o4 4iling ini)ial e,ic)ion co*1lain)s 4o. .esi-en)ial lan-lo.-s,
counseling lan-lo.-s a2ou) legal *a))e.s =i)h .ega.- )o )enan) e,ic)ion ac)ions, );1ing
o. 1.in)ing o.all; co**unica)e- in4o.*a)ion on )enan) e,ic)ion 4o.*s se) 4o.)h in a 1e)i)ion,
an- a11ea.ing in cou.) a) Du-icial 1.ocee-ings 4o. )enan) e,ic)ion, cons)i)u)e- )he Cunau)ho.iFe-
1.ac)ice o4 la=C 74o.*e. $la. 3)a). 9nn. N 83.18, 1unisha2le 2; con)e*1), )he cou.) hel-
in !he $lo.i-a Ba. ,. >ic/ens, 55 3o. '- 1319 7$la. 198#8. !he $lo.i-a Ba. 4ile- a 1e)i)ion
cha.ging a nonla=;e. =i)h )he unau)ho.iFe- 1.ac)ice o4 la= an- con)e*1) o4 a 1.e,ious o.-e.
)ha) enDoine- )he nonla=;e. 4.o* )he 1.ac)ice o4 la=, )he *a))e. =as .e4e..e- )o a .e4e.ee 4o.
hea.ing, an- )he s)a)e su1.e*e cou.), on .e,ie=, a11.o,e- )he .e4e.eeGs .eco**en-e- 4in-ings
an- -isci1line an- hel- )ha) )he nonla=;e.Gs ac)ions cons)i)u)e- )he Cunau)ho.iFe- 1.ac)ice o4
la=,C an- )ha) )he unau)ho.iFe- 1.ac)ice o4 la= Dus)i4ie- inca.ce.a)ion, a Q1, 4ine, assess*en)
o4 cos)s, an- an inDunc)ion.
3ee Ne= ?e.se; 3)a)e Ba. 9ssGn ,. No.)he.n Ne= ?e.se; >o.)g. 9ssocia)es, '' N.?. 18&,
6E1&
1'3 9.'- &98 719568, =he.e )he cou.) hel- )ha) =hile )he s)a)e su1.e*e cou.) has )he 1o=e. )o
1unish 4o. con)e*1) )hose engage- in )he unau)ho.iFe- 1.ac)ice o4 la=, he.e, )hough an a2s).ac)
co*1an; =as see*ingl; 1.ac)icing la= in so*e as1ec)s o4 i)s o1e.a)ions, a .eco.- o4 inDunc)ion
1.ocee-ings agains) )he a2s).ac) co*1an; an- i)s a44ilia)e =as ina-equa)e )o =a..an) a
gene.al 1e.e*1)o.; -e)e.*ina)ion agains) )he -e4en-an) =i)hou) a co*1le)e .eco.- o4 -e)ails
o4 )hei. *e)ho- o4 -oing 2usiness, 2u)).esse- 2; )es)i*on; an- .eco.-s .ela)ing )he.e)o.
!he cou.) hel- )ha) one engage- in )he 2usiness o4 1.e1a.ing 1e)i)ions an- 1.ece1)s in -is1ossess
cases =as 1.ac)icing la= unla=4ull; an- =as su2Dec) )o 1unish*en) 4o. con)e*1) 7
N.<. ?u-. 5a= N #57#88 in An .e Collins, 169 >isc. '3&, # N.<.3.'- 188 73u1 19388.
An a 1.esen)*en) cha.ging a -e4en-an) =i)h engaging in )he unau)ho.iFe- 1.ac)ice o4 la=,
)he s)a)e su1.e*e cou.) hel- )ha) )he ac)s o4 )he -e4en-an), =ho, un-e. -e2) 1ooling 1lans,
ga,e a-,ice in connec)ion =i)h, in)e. alia, )he e%ecu)ion o4 a no)e an- *o.)gage, an- a con-i)ional
sale no)e, an- =ho un-e.)oo/ )o han-le li)iga)ion agains) one o4 )hese in-i,i-uals, cons)i)u)e-
)he unau)ho.iFe- 1.ac)ice o4 la= 2; )he -e4en-an), =ho =as no) license-, an- =ho
=oul- 2e hel- in con)e*1) 4o. such ac)ions, )he cou.) hel- in An .e Pilini, 1'' V). 385, 1#3
9.'- 8'8 719618. B; a-,ising his clien)s in )he ins)an) *a))e.s, an- in )he *anne. as s)a)e-,
)he -e4en-an) in,a-e- )he 4iel- .ese.,e- 4o. -ul; license- a))o.ne;s, an- his con-uc) in gi,ing
)his legal a-,ice cons)i)u)e- 1.ac)icing la=, )he cou.) -ecla.e-. 3uch unau)ho.iFe- 1.ac)ice o4
la= is a c.i*inal con)e*1) in )he cou.), an- )he ins)an) -e4en-an) =oul- )he.e4o.e 2e a-Du-ge-
guil); o4 con)e*1), )he cou.) conclu-e-.
3ee )he 4ollo=ing a--i)ional cases in,ol,ing allega)ions )ha) a nonla=;e. engage- in )he
unau)ho.iFe- 1.ac)ice o4 la=, =he.e )he cou.)s hel-, in cases in =hich i) ha- 2een asse.)e- )ha)
)he -e4en-an) s1eci4icall; engage- in con-uc) in,ol,ing .eal es)a)e *a))e.s, )ha) )he -e4en-an)
=as in con)e*1) -ue )o such con-uc), =he.e...
Ne,a-a
Pionee. !i)le Ans. S !.us) Co. ,. 3)a)e Ba. o4 Ne,., 3'6 P.'- &8 7Ne,. 19588
9s s)a)e- in 5o=ell Ba. 9ssGn ,. 5oe2, su1.a T315 >ass. 1#6, 5' N.E.'- 3&U, G!he ac)ual 1.ac)ices o4
)he co**uni); ha,e an i*1o.)an) 2ea.ing on )he sco1e o4 )he 1.ac)ice o4 la=.G
3ince.el;,
Zach Coughlin
PO BOX 3961
#E1&
Reno, NV 8955
!el ##5 338 8118
$a% 9&9 66# #&'
MORE RELEVANT LAW
5an-lo.-Gs Co.ne. 6 E,ic)ions an- Jnau)ho.iFe- P.ac)ice o4 5a=
9. Righ) )o P.ocee- P.o 3e

An Ohio, a 1e.son can al=a;s .e1.esen) hi*sel4 in cou.). !his is calle- a11ea.ing C1.o seC an- is a
co**on 7)hough un=ise8 1.ac)ice =he.e ,e.; li))le is a) s)a/e, such as in s*all clai*s cou.)s a.oun-
)he s)a)e. :h; is i) un=iseH !he )=o *ain .easons a.e )ha) a))o.ne;s =ho .egula.l; 1e.4o.* e,ic)ions
=ill 2e a g.ea) -eal *o.e 4a*ilia. =i)h )he ins an- ou)s o4 )he la= )han )he la; 1e.son. 3econ-l;, an
a))o.ne; =ill see )he case o2Dec)i,el;, an- a -is1assiona)e e;e is a *o.e e44ec)i,e o2se.,e. o4 e,en)s
)han )he lan-lo.- =ho *a; see )hings su2Dec)i,el;, ha,ing his ,ision clou-e- 2; e*o)ions.
B. Re1.esen)ing O)he. Pe.sons o. En)i)ies
Bu) )o .e1.esen) ano)he. 1e.son o. ano)he. en)i); 7such as a co*1an;, a ).us), o. an 55C8, ;ou *us) 2e
ce.)i4ie- 2; )he Ohio 3u1.e*e Cou.) )o 1.ac)ice la= o. ;ou a.e engaging in )he unau)ho.iFe- 1.ac)ice o4
la=. !his .ule a44ec)s lan-lo.-s =hose 1.o1e.); is o=ne- 2; a co.1o.a)ion o. *anage- 2; a .en)al
co*1an;. O=ning a 1.o1e.); in a co.1o.a)e 4o.* has 2eco*e ,e.; 1o1ula. la)el; as a =a; o4 li*i)ing
)he lan-lo.-Gs 1e.sonal lia2ili);. !his =a;, i4 )he lan-lo.- is sue- 2ecause o4 an inDu.; a) )he 1.o1e.);,
)he *os) he can lose is )he ,alue o4 )he 1.o1e.); 7assu*ing his insu.ance isnG) enough )o co,e. i)8. Bis
1e.sonal asse)s canno) 2e )ouche-.
An )he 1as), so*e lan-lo.-s ).ie- )o 4ile e,ic)ions ,ia )hei. e*1lo;ees, o. ).ie- )o 4ile )he ac)ions
)he*sel,es on 2ehal4 o4 )he co.1o.a)ion o=ning )he 1.o1e.);. !he; .easone- )ha) since )he; =e.e )he
1 1e.cen) o=ne.s o4 all )he sha.es o4 )he co.1o.a)ion, )he; shoul- 2e a2le )o .e1.esen) i) in cou.). !he
1.o2le* =as )ha) )hese e*1lo;ees an- co.1o.a)e sha.ehol-e.s =e.e no) a))o.ne;s.
1. Ruling 4.o* )he Ohio 3u1.e*e Cou.)
An )he case o4 Cle,elan- Ba. 9ssocia)ion ,. Pic/lo, 7''8, 96 Ohio 3).3- 195, 5;nn Pic/lo ha- 2een
4iling co*1lain)s in )he Cle,elan- >unici1al Cou.), Bousing +i,ision, 4o. 4o.ci2le en).; an- -e)aine.
Te,ic)ionsU, as =ell as 4o. )he .eco,e.; o4 1as) -ue .en)s. Pic/lo =as no) license- )o 1.ac)ice la= in )he
s)a)e o4 Ohio, 2u) she ne,e.)heless 4ile- )hese clai*s an- a11ea.e- in cou.) on 2ehal4 o4 )he 1.o1e.);
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o=ne. since she =as )he .en)al *anage..
>s. Pic/lo a.gue- )ha) R.C. 19'3.17C87'8, =hich -e4ines Clan-lo.-C 4o. )he 1u.1ose o4 in,o/ing a
coun);, *unici1al, o. co**on 1leas cou.)Gs Du.is-ic)ion in *os) 4o.ci2le en).; an- -e)aine. ac)ions as
C)he o=ne., lesso., o. su2lesso. o4 )he 1.e*ises To.U )he agen) o. 1e.son )he lan-lo.- au)ho.iFe- )o
*anage 1.e*ises o. )o .ecei,e .en) 4.o* a )enan) un-e. a .en)al ag.ee*en).C
3he also ci)e- R.C. 53'1.17B8, =hich, =i)h .es1ec) )o lan-lo.-6)enan) .e*e-ies in gene.al, si*ila.l;
-e4ines Clan-lo.-C as C)he o=ne., lesso., o. su2lesso. o4 .esi-en)ial 1.e*ises, )he agen) o4 )he o=ne.,
lesso., o. su2lesso., o. an; 1e.son au)ho.iFe- 2; )he o=ne., lesso., o. su2lesso. )o *anage )he 1.e*ises
o. )o .ecei,e .en) 4.o* a )enan) un-e. a .en)al ag.ee*en).C 3he a.gue- )ha) since she =as )he .en)al
*anage., she =as )he Clan-lo.-C an- )hus =as en)i)le- )o 2.ing )he la=sui) on 2ehal4 o4 )he o=ne. o4 )he
1.o1e.);.
A) =as a cle,e. a.gu*en), 2u) in )he en-, i) =oul- no) =ash =i)h )he Ohio 3u1.e*e Cou.). Jn-e. )he
Cons)i)u)ional -oc).ine o4 3e1a.a)ion o4 Po=e.s, )he Ohio 3u1.e*e Cou.) has )he inhe.en) 1o=e. )o
-e)e.*ine =ho can 1.ac)ice la= 2e4o.e )he cou.)s o4 Ohio. :hile i) =as ).ue )ha) )he Ohio 5egisla)u.e
1asse- la=s in con4lic) =i)h )he Ohio Cons)i)u)ion, )he Ohio Cons)i)u)ion =ins ou) in )he case o4 such
con4lic)s. !he .eason 4o. )his is 2ecause )he Ohio Cons)i)u)ion is )he -ocu*en) )ha) se) u1 )he Ohio
5egisla)u.e in )he 4i.s) 1lace. !he Ohio 5egisla)u.e -.a=s i)s a2ili); )o 1ass la=s 4.o* )he Ohio
Cons)i)u)ion, an- )hus i) canno) *a/e la=s con).a.; )o )he Ohio Cons)i)u)ion.
3o >s. Pic/lo =as 4oun- )o 2e engaging in )he unau)ho.iFe- 1.ac)ice o4 la=, an- since )ha) )i*e, all
e,ic)ions 4ile- 2; 1e.sons no) )he o=ne.s o4 )he 1.o1e.); .equi.e )he se.,ices o4 an a))o.ne; license- )o
1.ac)ice in )he s)a)e o4 Ohio.
AA. E,ic)ion Co*1le%i)ies
!he.e a.e o)he. goo- .easons )o hi.e an a))o.ne; )o -o e,ic)ions, e,en i4 )he 1.o1e.); is o=ne- in )he
lan-lo.-Gs na*e 7)hus 1e.*i))ing 1.o se .e1.esen)a)ion8.
9. !h.ee +a; No)ice Requi.e*en) an- Assues o4 !i*ing
One is )he )h.ee -a; no)ice .equi.e*en). >os) lan-lo.-s in Ohio .ealiFe )ha) )he; *us) 1os) a 1.o1e.l;
=o.-e- )h.ee -a; no)ice )o ,aca)e u1on )he .en)e- 1.o1e.); 2e4o.e )he; can 4ile an e,ic)ion. Bu) 4e=
lan-lo.-s ha,e a goo- g.as1 o4 )he )i*ing issues as )he; a11l; )o )he calcula)ions o4 )he )h.ee -a;s.
$i.s)l;, )he )h.ee -a;s -o no) s)a.) )o .un on )he -a; )ha) )he )h.ee -a; no)ice is 1os)e-. 3econ-l;, an;
-a; in =hich )he cou.) is no) o1en -oes no) coun) as a -a;. 5e)Gs loo/ a) an e%a*1le o4 ho= )his =o./s.
9E1&
1. E%a*1le o4 !h.ee +a; No)ice !i*ing
5a..; 5an-lo.- has a )enan) =ho has no) 1ai- his .en). On ?anua.; 1', '6, he 1os)s a 1.o1e.l; =o.-e-
)h.ee -a; no)ice )o ,aca)e u1on )he -oo.. !he -a; o4 )he 1os)ing -oes no) coun) )o=a.-s )he )h.ee -a;s.
$.i-a;, ?anua.; 13, '6 =ill 2e )he 4i.s) -a; o4 )he )h.ee -a; 1e.io- =hich coun)s. 3a)u.-a; an-
3un-a; =ill no) coun). >on-a;, ?anua.; 16, '6 =ill no) coun) ei)he. 2ecause i) is >a.)in 5u)he. 0ing
+a;, a na)ional holi-a; u1on =hich )he cou.) is close-. 3o !ues-a;, ?anua.; 1#, '6 =ill 2e )he
secon- -a;, an- :e-nes-a;, ?anua.; 18, '6 =ill 2e )he )hi.- -a;.
A4 5a..; 5an-lo.- has an a))o.ne;, )ha) a))o.ne; =ill /no= )ha) )he e,ic)ion canno) 2e 4ile- un)il )he ne%)
!hu.s-a;, ?anua.; 19, '6, se,en -a;s la)e.. Bu) i4 5a..; -oes )he e,ic)ion alone, he *igh) )hin/ )ha)
4iling i) on !ues-a;, ?anua.; 1#, '6 =oul- 2e 4ine since *o.e )han )h.ee -a;s =ill ha,e 1asse-.
A4, a) )he hea.ing, )he e..o. is 1oin)e- ou) 2; )he )enan), )he )enan)Gs a))o.ne;, o. no)e- 2; )he cou.), )he
e,ic)ion ac)ion =ill ha,e )o 2e -is*isse-. 9ll o4 )he 4iling 4ees s1en) on )he e,ic)ion =ill 2e los), )he
e,ic)ion =ill ha,e )o 2e 4ile- again, an- )he )enan) =ill =al/ a=a; 4.o* )he 4i.s) e,ic)ion hea.ing =i)h a
ne= 4oun- con4i-ence )ha) he can 2ea) an; e,ic)ion )ha) )he lan-lo.- )h.o=s a) hi*. Be))e. )hen )o use
an a))o.ne; an- onl; ha,e )o han-le )he *a))e. once.
B. !hi.); +a;Gs No)ice 3o*e)i*es Requi.e-.
9no)he. )i*ing issue a.ises in .ela)ion )o )he );1e o4 2.each )ha) )he lan-lo.- is alleging. A4 )he lan-lo.-
is alleging a 2.each o4 )he .en)al con).ac), )hen all )ha) is necessa.; )o s)a.) )he e,ic)ion 1.ocess is )he
1os)ing o4 a 1.o1e.l; =o.-e- )h.ee -a; no)ice )o ,aca)e. Bu) i4 )he lan-lo.- is alleging )ha) )he )enan)
2.eache- )he )enan)Gs -u)ies un-e. Ohio Re,ise- Co-e 3ec)ion 53'1.5, )hen )he lan-lo.- *us) 4i.s)
no)i4; )he )enan) in =.i)ing o4 )he 1.o2le* an- gi,e )he )enan) 3 -a;s )o 4i% i). Onl; )hen can )he )h.ee
-a; no)ice 2e 1os)e- on )he -oo. )o s)a.) )he e,ic)ion 1.ocess.
3o*e lan-lo.-s ha,e ).ie- )o 2e )oo cle,e. 2; hal4. !he; ha,e inse.)e- )he )e%) o4 Ohio Re,ise- Co-e
53'1.5Gs -u)ies o4 )he )enan) in)o )he lease ag.ee*en) =o.- 4o. =o.-, =hich ena2les )he a.gu*en) )ha)
an; 2.each o4 R.C. 53'1.5 =oul- also 2e a 2.each o4 )he lease ag.ee*en). Bu) Ohio cou.)s ha,e seen
)h.ough )his an- .ule- )ha) i4 )he ,iola)ion is a 2.each o4 2o)h )he la= an- )he lease, )he lan-lo.- *us)
s)ill gi,e )he 3 -a; no)ice.
5e)Gs loo/ a) )=o e%a*1les.
1. Jnau)ho.iFe- +og
1E1&
5a..; 5an-lo.- has a lease =hich 1.ohi2i)s )he )enan) 4.o* ha,ing a -og. 5a..; 4in-s ou) )ha) )he )enan)
is ,iola)ing )his 1o.)ion o4 )he lease ag.ee*en). !his is no) a ,iola)ion o4 Ohio Re,ise- Co-e 3ec)ion
53'1.5 =hich sa;s no)hing a2ou) -ogs. !hus, 5a..; 5an-lo.- -oes no) nee- )o gi,e 3 -a;Gs no)ice
2e4o.e 1os)ing )he )h.ee -a; no)ice )o ,aca)e.
'. Jnsani)a.; Con-i)ions
5a..; 5an-lo.- has a lease ag.ee*en) =hich sa;s )ha) )he )enan) shall /ee1 all 1lu*2ing 4i%)u.es 7sin/s,
)oile)s, )u2s, e)c.8 in a clean an- sani)a.; con-i)ion. +u.ing an ins1ec)ion o4 )he .en)e- 1.e*ises, 5a..;
no)ices )ha) )he )enan) is li,ing li/e a co*1le)e 1ig, an- )ha) )he 1lu*2ing 4i%)u.es a.e in an a11allingl;
unsani)a.; con-i)ion. 5a..; =oul- lo,e )o 1os) )he )h.ee -a; no)ice ange) )he e,ic)ion 1.ocess going
.igh) a=a;. Bu) Ohio Re,ise- Co-e 3ec)ion 53'1.5798738 i*1oses a -u); u1on )he )enan) )o C0ee1 all
1lu*2ing 4i%)u.es in )he -=elling uni) o. use- 2; hi* as clean as )hei. con-i)ion 1e.*i)s . . .C.
!hus )he )enan) is ,iola)ing 2o)h )he lease an- R.C. 53'1.5798738. Ohio Re,ise- Co-e 3ec)ion
53'1.11798 .equi.es 3 -a;s =.i))en no)ice 4.o* )he lan-lo.- )o )he )enan) )o .e*e-; an; 2.each o4 )he
)enan)Gs -u)ies un-e. Ohio Re,ise- Co-e 3ec)ion 53'1.5. 3o 5a..; 5an-lo.- is going )o ha,e )o gi,e
3 -a;s =.i))en no)ice )o )he )enan) 2e4o.e he can 1os) )he )h.ee -a; no)ice )o ,aca)e. A4 )he )enan)
.e*e-ies )he 1.o2le* =i)hin )hose )hi.); -a;s, )hen )he )enan) =ill ha,e a -e4ense )o )he e,ic)ion.
C. !i1s 4o. )he :ise 5an-lo.-
3o )he =ise lan-lo.- hi.es an a))o.ne; )o 1e.4o.* all o4 his o. he. e,ic)ions. An )his =a; ;ou can 2e
*o.e ce.)ain )ha) )he e,ic)ion =ill 2e -one .igh) an- )ha) 1ossession =ill 2e .e)u.ne- )o ;ou as soon as
1ossi2le.
:he.e can ;ou 4in- such an a))o.ne;H !he.e a.e se,e.al 1laces. <ou can con)ac) ;ou. local 2a.
associa)ion an- as/ )o 2e .e4e..e- )o an a))o.ne; =ho .egula.l; 1e.4o.*s e,ic)ions. A4 ;ou call an; la.ge
a1a.)*en) co*1le%, )he .en)al *anage.s )he.e =ill *o.e )han li/el; .e4e. ;ou )o )he a))o.ne; )he; use. A4
;ou /no= an a))o.ne; 1e.sonall;, e,en i4 he o. she -oes no) con-uc) e,ic)ions, he o. she =ill ,e.; li/el;
/no= so*eone =ho -oes.
E)hics 9.)icles" !he Jnau)ho.iFe- P.ac)ice o4 5a= an- 5an-lo.- !enan) Cases
66666666666666666666666666666666666666666666666666666666666666666666666666666666
11E1&
$ocus on P.o4essional Res1onsi2ili);
>B? 3e1)e*2e., 1999
B;" Vic)o.ia V. 0.e*s/i, 9ssis)an) Counsel 3)a)e Ba. o4 >ichigan
!he Jnau)ho.iFe- P.ac)ice o4 5a= an- 5an-lo.- !enan) Cases
5an-lo.- )enan) cases co*1.ise a la.ge 1o.)ion o4 )he -oc/e)s o4 )he +is).ic) Cou.)s in >ichigan. @i,en
)he .ela)i,el; .a1i- 1ace a) =hich su**a.; 1.ocee-ings *o,e an- )he i*1o.)an) in)e.es)s a) s)a/e 4o.
2o)h 1a.)ies in,ol,e-, i) is i*1o.)an) )o ha,e a )ho.ough un-e.s)an-ing o4 )he .ela)ionshi1 2e)=een
lan-lo.-6)enan) ac)ions an- )he unau)ho.iFe- 1.ac)ice o4 la=. Con4usion so*e)i*es a.ises .ega.-ing
=ha) );1es o4 lan-lo.-s *a; 4ile an- li)iga)e e,ic)ion cases on an in 1.o 1e. 2asis, =i)hou) engaging in
)he unau)ho.iFe- 1.ac)ice o4 la=.
An >ichigan, lan-lo.-6)enan) la= is go,e.ne- 2; s)a)u)e an- s1eci4ic cou.) .ules. An s*all clai*s
ac)ions, >CR &.3'7B87'8 allo=s a co.1o.a)ion o. 1a.)ne.shi1 )o a11ea. an- 1.osecu)e )he 1.ocee-ing
)h.ough a la; .e1.esen)a)i,e. Bo=e,e., no s)a)u)e o. cou.) .ule e%is)s in >ichigan allo=ing co.1o.a)ions
o. o)he. 2usiness en)i)ies )o 4ile an- li)iga)e *a))e.s on an in 1.o 1e. 2asis in ac)ions o)he. )han s*all
clai*s cou.). 9cco.-ingl;, )he gene.al 2o-; o4 case la= a--.essing =ha) cons)i)u)es )he unau)ho.iFe-
1.ac)ice o4 la= a11lies )o all lan-lo.- )enan) 1.ocee-ings.
An-i,i-ual, la;1e.son lan-lo.-s, i.e. )hose )ha) o=n .en)al 1.o1e.); in )hei. in-i,i-ual ca1aci);, *a; 4ile
an- li)iga)e e,ic)ion ac)ions, in 1.o 1e., as )he; a.e ac)ing on )hei. o=n 2ehal4 an- onl; )hei. in-i,i-ual
in)e.es)s a.e a44ec)e- 2; )he 1.ocee-ing. An con).as), >ichigan la= ,ie=s co.1o.a)ions, 1a.)ne.shi1s an-
o)he. legal en)i)ies as se1a.a)e 4.o* )hei. in-i,i-ual o44ice.s, sha.ehol-e.s, an- 1a.)ne.s. 5a; o44ice.s,
-i.ec)o.s, 1a.)ne.s an- e*1lo;ees o4 co.1o.a)e o. 1a.)ne.shi1 en)i)ies *a; no) .e1.esen) )he en)i); in
cou.) 1.ocee-ings o. sign cou.) -ocu*en)s =i)hou) engaging in )he unau)ho.iFe- 1.ac)ice o4 la=. Pe)e.s
,. +esnic/ B.oa-cas)ing Co., 1#1 >ich 911 '83, &'9 N.:. '- 65& 719888. +e).oi) Ba. 9ssocia)ion ,.
Jnion @ua.-ian !.us) Co., '8' >ich ##, '8' N.:.'- &3' 719388. 3ee also @inge. ,. Cohn, &'6 $.'-
1385 719#8. 5a2a)o ,. Pauline, 3& >ich 668 719&38, 8 N.:.'- 8#3. <englin ,. >aFu., 1'1 >ich 911
'18, 3'8 N.:.'- 6'& 7198'8.
>ichigan s)a)u)es a.e in acco.- =i)h )his case la=. >C5 &5.681, >39 '1.311 1.o,i-es )ha)
co.1o.a)ions *a; no) 1.ac)ice la= o. o44e. legal se.,ices. >C5 66.'517'8I >39 '#9 '517'8
.ecogniFes 1a.)ne.shi1s as en)i)ies se1a.a)e 4.o* )hei. in-i,i-ual 1a.)ne.s.
!he a2o,e .es).ic)ions -o no) 1.ohi2i) la; e*1lo;ees o4 co.1o.a)ions an- 1a.)ne.shi1s 4.o* -.a4)ing
1e)i)ions, o.-e.s an- o)he. 1a1e.s )o 2e 4ile- in cou.), 1.o,i-e- )he 1a1e.s a.e 4ile- un-e. )he na*e o4,
an- 2;, an a))o.ne; =ho 2eco*es 1e.sonall; .es1onsi2le 4o. )he 4ilings as i4 he o. she ha- -.a4)e- )he*
1e.sonall;. +e).oi) Ba. 9ssocia)ion ,. Jnion @ua.-ian !.us) Co., '8' >ich ## 719388.
1'E1&
Jn-e. cu..en) s)a)u)o.; an- case la=, a la; e*1lo;ee o4 a co.1o.a)ion o. 1a.)ne.shi1 canno) sign an-
4ile a co*1lain) 4o. )e.*ina)ion o4 )enanc; =i)hou) engaging in )he unau)ho.iFe- 1.ac)ice o4 la=.
$u.)he., an; a))e*1) )o li)iga)e )he *a))e., 2; a11ea.ing in cou.) on 2ehal4 o4 )he 2usiness en)i);, lea,es
)he in-i,i-ual o1en )o 1.osecu)ion 4o. engaging in )he unau)ho.iFe- 1.ac)ice o4 la=. >C5 6.916I
>39 '#9916. !he 3u1.e*e Cou.) e*1o=e.s )he 3)a)e Ba. o4 >ichigan, =i)h au)ho.iFa)ion 4.o* i)s
Boa.- o4 Co**issione.s, )o in,es)iga)e an- 1.osecu)e inci-en)s o4 )he unau)ho.iFe- 1.ac)ice o4 la=.
Rule 16 o4 )he Rules Conce.ning )he 3)a)e Ba..
>ichigan la=;e.s con4.on)e- =i)h a non6la=;e. a11ea.ing in cou.) 4o. a co.1o.a)ion o. 1a.)ne.shi1
ha,e an e)hical -u); )o 2.ing )he 4ac) )o )he a))en)ion o4 )he ).i2unal. An4o.*al e)hics o1inion RA61. !he
la=;e. *a; also *o,e 4o. -isquali4ica)ion o4 )he la; .e1.esen)a)i,e an- )o s).i/e )he 1lea-ings.
5i/e=ise, >ichigan Du-ges a.e also un-e. an e)hical -u); )o 1.e,en) )he unau)ho.iFe- 1.ac)ice o4 la=.
An4o.*al Du-icial e)hics o1inion ?A6'6 s)a)es, in 1a.),
C9-*inis).a)i,e .es1onsi2ili)ies o4 Du-ges .equi.e )he* )o ins).uc) cou.) 1e.sonnel )o .egula.l; chec/
1lea-ings 4ile- =i)h )he cou.) 4o. signa)u.e an- 1.o4essional i-en)i4ica)ion 7CPC nu*2e.8 )o assu.e )he
1e.son .e1.esen)ing a 1a.); is a *e*2e. o4 )he 3)a)e Ba.. ?u-ges *us) ins).uc) cou.) s)a44 )o .eDec)
1lea-ings ha,ing no 1.o4essional i-en)i4ica)ion unless )he 1e.son is a11ea.ing 1.o se.
C:hen unau)ho.iFe- 1.ac)ice o4 la= ac)i,i); occu.s =i)hin )he 1.esence o4 a Du-ge, )he Du-ge *us) s)o1
)he 1.ocee-ingI 1lace as *uch in4o.*a)ion on )he .eco.- as 1ossi2leI a-,ise )he 1a.); )o see/ )he
se.,ices o4 a license- la=;e.I an- )a/e o)he. .e*e-ial ac)ion au)ho.iFe- 2; la=.C
@i,en )he i*1o.)an) in)e.es)s a) s)a/e 4o. 2o)h 1a.)ies in a lan-lo.- )enan) 1.ocee-ing, i) is i*1o.)an) 4o.
all in,ol,e- )o 2e sensi)i,e )o )he unau)ho.iFe- 1.ac)ice o4 la= issue an- ho= i) *a; a.ise in such cases.
9 Du-ge o. la=;e. =ho encoun)e.s unau)ho.iFe- 1.ac)ice o4 la= ac)i,i); shoul- .e1o.) )he inci-en) )o
)he 3)a)e Ba. o4 >ichigan an- i)s Co**i))ee on )he Jnau)ho.iFe- P.ac)ice o4 la= 4o. in,es)iga)ion an-
1ossi2le 1.osecu)ion.
Jnau)ho.iFe- 1.ac)ice o4 la=
!he Du-ge canno) hea. an e,ic)ion case i4 ;ou. lan-lo.- is a co.1o.a)ion unless )he co.1o.a)ion is
.e1.esen)e- in cou.) 2; a la=;e.. !he le))e.s LAnc.M a4)e. )he lan-lo.-Ks na*e *ean )ha) i) is a
co.1o.a)ion. !he co.1o.a)e lan-lo.-Ks case *us) 2e -is*isse- i4 so*eone =ho is no) a la=;e. 1.e1a.e-
)he co*1lain) an- su**ons. Jn4o.)una)el;, so*e cou.)s *a; 2en- )he cou.) .ules an- allo= 1.o1e.);
*anage.s, s)oc/hol-e.s, an- o)he.s =ho a.e no) la=;e.s )o ac) 4o. )he co.1o.a)e lan-lo.-. !his is
i*1.o1e. un-e. Ne= ?e.se; la= 7e%ce1) )ha) a 1a.)ne. in a gene.al 1a.)ne.shi1 *a; 4ile 1a1e.s an-
a11ea. 1.o se8. Ci)e" Rule 6"1 an- Rule 1"'1617c8.
13E1&
C5EVE59N+ B9R 933OCA9!AON ,. PAC05O. TCi)e as Cle,elan- Ba. 9ssn. ,. Pic/lo, 96 Ohio
3).3- 195, ''6Ohio63995.U Jnau)ho.iFe- 1.ac)ice o4 la= W Pe.son no) license- )o 1.ac)ice la= in
Ohio 4ile- co*1lain)s in )he Cle,elan- >unici1al Cou.), Bousing +i,ision, 4o. 4o.ci2le en).; an-
-e)aine., as =ell as 4o. .eco,e.; o4 1as) -ue .en)s on 2ehal4 o4 a 1.o1e.); o=ne. W Engage*en) in )he
unau)ho.iFe- 1.ac)ice o4 la= enDoine-.

1&E1&
Close Print
ECR program, Washoe Legal Services, unauthorized practice
of law Nevada Court Services, Taitel, etc.
Sent: Fri 8/24/12 12:00 PM
To: zyoung@da.washoecounty.us; jleslie@washoecounty.us; mkandaras@da.washoecounty.us
Dear DDA Young and DPD Leslie,

http://www.nlada.net/jseri/blog/gideon-alert-nevada-da-seeks-way-around-court-ordered-performance-
guidelines

It might just be the best thing to dismiss all three cases outright. To me, its kind of a thing where the
City of Reno, Reno PD, and, some might say, the RMC have created this incredibly messy situation,
which is only going to get more public, and on a federal level, during the course of my defending my
patent license before the USPTO. Washoe County might just want to say "this is your mess, Reno".
You guys can always say you put me through the paces for a year, made sure I got back on track,
weren't givin' the fellow lawyer any "special treatement", etc., etc....

I am currently suing Washoe Legal Services (two cases, both on appeal, long story). WLS is apparently
partnered with the WCDA, correct? I was arrested by the Washoe County Sheriff's Office on J une 28th,
2012 and the Reno PD on J uly 3rd, 2011, both in connection with an eviction which was being litigated
while committing the unauthorize practice of law by Nevada Court Services, whom partners with Lew
Taitel, Esq., whom now works for Washoe Legal Services in the ECR program. Please divulge any
relationships or conflicts that exist her vis a vis either of your entities and explain how my continued
prosecution is not violative of the various rules attached to your professional capacities. Oh, also, the
Reno City Attorney is now seeking to dismiss my criminal appeal in RMC 11 CT 26405 based upon a
lack of timely filing of a Notice of Appeal, apparently where the RMC is refusing to accept one that was
fax filed. The RMC employs Taitel as a public defender,

WCPD Jim Leslie to the complaint as he has continually refused to gather the audio cd from Milan
Kreb's Protection Order extension hearing in the July 3rd, 2012 arrest matter RCR 2012-067980, in
addition to failing to gather the July 16th, 2012 audio from the Trial in RCR 2012-063341 to
determine whether the August 29th, 2012 court date is a hearing on pre-trial motions or, in fact, a
Trial, in addition to the other misconduct Leslie has committed in my represenation, and add Biray
Dogan, whom, along with Leslie apparently asserted to the RJC that I filed to show to a hearing in
RCR2012-065630 on August 22th, 2012, despite WCPD staff Linda Gray admitting that she did not
mail out the notice of the hearing to me as her office had marked my PO BOX 3961 Reno 89503
address as "no longer good" and, accordingly, failed to mail the notice, only to have Dogan assert
that is was mailed, and provide a fax of the purported notice, baring the initials "LG" at the bottom,
which Linda Gray confirmed was an indication that she prepared the letter. Dogan has refused to
apprise the Court of his error and undue the prejudice to me brought by making me appear to be
negligent and absentee. Further, Dogan and Leslie continue to try to combine hearings in these three
cases to an impermissible extent.

"69 a.l.r. 4th 410" "negligence, inattention, or professional incompetence of attorney in criminal defense"
"Disciplinary Action Against Attorney for Aiding or Assisting Another Person in Unauthorized Practice of
Law," 41 A.L.R.4th 361 (1985).
An attorney who initiates, causes to be initiated, or threatens to initiate a criminal prosecution for the
purpose of influencing a civil matter is violating the rules of ethics. See Model Code of Profl Responsibility
DR 7-105 (1983). See also Gregory G. Sarno, Annotation, Initiating, or Threatening to Initiate, Criminal
Prosecution as Ground for Disciplining Counsel, 42 A.L.R.4th 1000 (2006). Additionally, a practitioner may
be sanctioned, or even disbarred, for coercing any person connected to the case, for making false statements
of material fact or law, or for frivolous behavior before the immigration courts.
A Plaintiff that has been harassed, intimidated or treated in a bad faith manner by a Defendant has two
recourses: Rule 11(b)(1) and Rule 11(b)(2).

Taitel works for WLS now. Taitel's partners at Nevada Court Services, upon information and belief, recently had
me arrested or contributed thereto (through R. Wray's perjured affidavit of personal service, attempted breaking
and entering and attempted trespass and assault and NCS's and Jeff Chandlers unauthorized practice of law and
other activities) on both June 28th, 2012 and July 3rd, 2012.

I want a written response from you and WLS explaining this to me and what steps have been taken to ameliorate
this misconduct. Oh, Taitel also undertook to be my court appointed public defender in RMC case 11 cr 26405 for
which I received a criminal trespass conviction on June 18th, 2012 and NCS criminally trespassed and assaulted
me on numerous occasions through the eviction matter RJC Rev2011-001708 from which that criminal trespass
conviction sprung. Taitel withdrew from the case without following RMC Rules regarding filign a written motion
explaining the reasoning for seeking an Order granting withdrawal. I was suing NCS at the time Taitel took on
my representation in that matter, while Taitel shared and office, staff, fax number with NCS and was listed on
NCS's website as their "Staff Attorney" and "associated with" NCS. Taitel is now part of the ECR program run by
WLS, in some connection with the WCDA (and the WCSO arrested me on July 3rd, 2012 with NCS in tow, NCS
purporting to criminally trespass me from and entire Apartment Complex wherein I still had two valid leases and
where the one eviction order was fraudulently procured by those committing the unauthorized practice of law (R.
Wray lied about effecting personal service on my on June 14th, 2012 and the 5 day unlawful detainer notice was
deficient listing Sparks Justice Court, as the appropriate forum to file a Tenant's Answer....then NCS received a
Lockout Order from Reno Justice Court, despite my advance notice to both the RJC, WCSO, RPD and Sparks
Justice Court regarding these jurisdictional defects and due process deficiencies.

http://sixthamendment.org/?p=463
A showdown brewing over Early Case
Resolution programs in Reno
"Leave Dat Boy Alone":

Then, there is WCSO Deputy Machen both lying in an affidavit of November 7th, 2012 (well, he attest
he though "personally served" meant posting on a door when nobody is home...) that he "personally
served" me a Lockout Order at my law office....then WCSO Machen was the one who arrested me on
J une 28th, 2012, with Nevada Court Services in tow committing the unauthorized practice of law (see
my recent email regarding that to both DDA Young and Mary Kandaras...)...all very Soldal v. Cook
County, then the RPD arrest on J uly 3rd, 2012 is quite Wheeler v. Cross...

I like both of you, and at some point this is not your mess, but you might consider whether you are
making it yours by continue to crucify me here.
Zach Coughlin
PO BOX 3961
Reno, NV 89505

From:Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 7/02/12 5:21 PM
To:
kbrown@nvbar.org; milllerr@reno.gov; millerr@reno.gov; stuttle@washoecounty.gov;
rsilva@washoecounty.us; stuttle@washoecounty.us; jamchen@washoecounty.us;
037nor4@acg.com; info@acg-apmi.com; rjcweb@wasoecounty.us; jboles@callatg.com;
apminfo@acg.com
Hotmail Active View

coughlin ...pdf
Download(78.3 KB)
combined ...pdf
Download(1086.2 KB)
Download all as zip
agreements, ie, I cannot be trespassing for accessing them (the Reno PD has indicated they will arrest
me for criminal trespass for accessing any units in the complex, including those to which I still have
a valid possessory or property interest, in violation of 42 usc 1983).



In Aikins v. Andrews, 91 Nev. 746, 542 P.2d 734 (1975), the Supreme COUli construed the
6

U.S. Supreme Court

Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402

Subject: Reno eviction noticed for Sparks J ustice Court
Date: Tue, 26 J un 2012 09:10:14 -0700
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
Dear Sparks J ustice Court,
Subject: Reno eviction noticed for Sparks J ustice Court
Date: Tue, 26 J un 2012 07:58:36 -0700
Dear Sparks J ustice Court, WCSO, RPD, and Reno J ustice Court.
must file a Tenant's Answer with the Sparks J ustice Court.
Am I mistaken in viewing this matter to be outside the jurisdiction of the Sparks J ustice Court, and
rather, a matter to be handled in Reno J ustice Court?
Given Sparks J ustice Court is open 5 days a week (closes at noon on Fridays) and Reno J ustice Court
indicated the WCSO planned to come effectuate an eviction on this date, J une 26, 2012. I believe that
by noon after the fifth full day (judicial days) and Fridays in Sparks J ustice Court are not full days in
that sense, and regardless, Sparks J ustice Court, I believe, is not the appropriate forum where, as here,
the situs is located in Reno (Ward 1-nap?)
Sincerely,
Zach Coughlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Tel 775 338 8118
Fax 949 667 7402

A sse m b ly C o m m ittee o n J u d ic ia ry
M a rc h 3 1 , 2 0 1 1
P a g e 4 0
T h e N ev a d a sta tu te s p e rm it a se t-a side in le ss th a n 3 0 da y s fo r a n y e sta te
o v e r $ 1 0 0 , 0 0 0 . T h e re fo re , w e ha v e m u ltip le ca se s w h e re m o ne y w a s
d istrib u te d in le ss th a n 3 0 d a y s. F ina lly , K e m p & A ssoc ia te s is n o t o u t th e re
c h e rry -p ic k in g e a sy c a se s lik e th e c a se tha t M r. C a h ill m e n tio n e d . P e rso na lly ,
I h a v e re p re se n te d h e irs in o n e c a se fo r 2 1 /2 y e a rs w ith o u t rec e iv in g o n e p e n n y
o f p a y m e n t. We h a v e a n a p p e a l in the N e va d a S u p re m e C o u rt rig h t n o w o n
b e h a lf o f th o se h e irs w ith o u t a n y p a y m e n t. We m a y n e ve r re ce iv e a p a y m e n t.
We p ro v id e a va lu a b le serv ice to h e irs n o t p ro v ide d b y o th e rs. I re sp e c tfu lly
o b je c t to the b ill a s p re se n te d , a n d su p p o rt th e p ro p o se d a m e n d m e n t. I re q ue st
th a t w e le t th e p riva te se c to r a d d v alu e in th is situ a tio n a s it h a s b e e n d o in g .
Chairman Horne:
T h a n k y o u , M r. K e h o e . A re th e re a n y q u e stio n s? [N o o n e re sp o n d e d ]
A re th e re a n y o th er sp e ak e rs in o p p o sitio n to A . B . 2 9 1 o r in a n e u tra l p o sitio n ?
[N o o n e re sp o n d e d . ] We w ill c lo se th e he arin g o n A . B . 2 9 1 a n d brin g it ba c k to
th e C o m m ittee . I h o p e th a t a ll p artie s w ill c o n tin u e to w o rk to g e the r a n d
a tte m p t to re ac h a c o m p ro m ise th e re . It se e m s like th e re is ro o m fo r
c o m p ro m ise . We w ill n o w o p e n the h ea rin g o n A sse m b ly B ill 2 2 6 . I h a v e a
fe e lin g w e a re g o in g to h a v e p e o p le c o m e o u t o f th e w a te r a g a in st y o u r b ill a s
w e ll.
Assembly Bill 226: Revises various provisions governing landlords and tenants.
(BDR 3-669)
Assemblyman J ason Frierson, Clark County Assembly District No. 8:
I a m p re tty w e ll a w a re o f w he re so m e o f the c o nc e rn s are g o in g to b e c o m in g
fro m w ith th is b ill. I w ill try to p re se n t m y in tro d u c to ry te stim o n y in a
m ic ro -n a n o sec o n d , a n d if th e C h a ir w ill a lso a llo w J o n S a sse r to g iv e so m e
p ra c tic a l p ersp ec tiv e s o n th is m a tte r.
T o d a y I a m in tro d u c in g A sse m b ly B ill 2 2 6 . I w a s a ske d to in tro d u c e th is b ill b y
fo rm e r S p e a ke r B a rba ra B u c kle y to a d d re ss re c urre n t p ro b le m s see n b y h er sta ff
a t th e n e w F a m ily L a w S e lf-H e lp C e n te r in th e La s V e ga s J u stice C o u rt. S in c e
I in tro d u c e d th e b ill d ra ft re q u e st (B D R ), th e re ha v e b ee n e x te n siv e n e g o tia tio n s
w ith la n d lo rd s, rea lto rs, a n d c o n sta b le s, in p a rtic u lar, d u rin g th e la st c o u p le o f
w e e k s. A s a re su lt o f th o se d isc u ssio n s, w e a re o fferin g a n a m e n d m e n t w h ic h
sig n ific a n tly pa re s d o w n th e b ill to its e sse nc e . T h e a m e n d m e n t sh o u ld a lso b e
o n N E L IS (E x h ib it J ). We ha v e e lim ina te d a n u m b er o f ite m s tha t m a n y
sta k e h o lde rs fo u n d p ro b le m a tic a n d trie d to c h a n ge th e la n g u a ge to m in im ize
th e im p ac t o n g o o d a c to rs w h ile still p ro v id in g re lie f to th o se w h o m a y n o t h a ve
b e e n tre a te d fa irly . B rie fly , in 2 0 0 9 , th e issu e ra ise d in sec tio n 1 o f th is b ill
e x te n d e d th e tim e in w h ic h the sh eriff o r c o n sta b le c a n e x ec u te a su m m ary

M a rc h 3 1 , 2 0 1 1
P a g e 4 1
e v ic tio n o rd er b e y o n d th e c u rre n t p erio d o f w ith in 2 4 h o u rs. I p ro v id e d a
sp re a d sh ee t in N E L IS (E x h ib it K ) th a t sh o w s w h a t o th e r sta te s a re d o in g , a n d
h o w fa st w e are c o m p a re d to o th er sta te s, a n d h o w w e c a n p u t a te n a n t o u t.
I b e lie v e th a t if y o u ta ke in to c o n sid e ra tio n th e e n tire pe rio d , w e are the fa ste st
b y fa r. If a te n a n t fa lls b e h in d in re n t fo r o n e d a y , a la n d lo rd c a n g iv e a 5 -d a y
n o tic e to pa y o r q u it. If th e re n t is n o t p a id b y n o o n o n th e fifth d ay , a la n d lo rd
c a n a p p ly fo r a n o rd e r fro m th e c o u rt e v ic tin g th e te n a n t w ith in 2 4 h o u rs.
In 2 0 0 9 , A sse m b ly B ill N o . 1 8 9 o f th e 7 5 th S e ssio n p a sse d th e A sse m b ly a n d
e v e n tu a lly d ie d o n th e S e n a te flo o r. S e c tio n s 2 th ro u g h 5 o f th is b ill w o u ld b e
d e le te d b y th e a m e n d m e n t th a t I a m pro p o sin g , w h ic h is a reflec tio n o f
e x te n sive c o n ve rsa tio n s w ith th e sta ke h o ld e rs a n d tak in g th eir c o n c ern s in to
c o n sid e ratio n . S e c tio n s 6 a n d 7 d e al w ith a situa tio n w h ere th e la n d lo rd
a tte m p ts to re ta ke p o sse ssio n w ith o u t fo llo w in g th e la w ; fo r e x a m p le , w ith o u t
g o in g th ro u g h th e n o rm a l e v ictio n p ro ce ss. It is c lea r th a t a tte m p tin g to re m o ve
a te n a n t b y c h a n g in g th e loc k s o r sh u ttin g o ff the u tilitie s is u n la w fu l to d a y .
H o w e v er, u n sc ru p u lo u s la n d lo rd s h a ve fo u n d n e w w a y s to e va d e th e la w b y
d o in g th in g s s u c h a s d isa b lin g lo c k s so th e te n a n t is n o t lo c k e d o u t b u t n e ith e r
c a n th e y lo c k th e d o o rs. T h e re fo re , th e te n a n ts ca n n o t se c u re th e m se lve s o r
th e ir p ro p erty . I h a v e see n ca se s w he re ne ig h b o rs th o u g h t th e te na n ts h a d
b e e n e v ic te d a n d w e n t in to th e h o u se a n d sto le a ll o f th e p ro p e rty b e ca u se the
te n a n ts w ere n o t a b le to lo ck th e d o o rs, a n d th e te n a n ts w e re n o t a t h o m e .
S e c tio n s 6 a n d 7 w o u ld p ro v id e a re m e d y in th o se situ a tio n s. I w ill p a ss th is
a lo n g to M r. S a sse r, w h o w ill g iv e a p ra ctica l p e rsp ec tive .
J on Sasser, representing the Washoe County Senior Law Project; and Washoe
Legal Services; and the Legal Aid Center of Southern Nevada:
I h a v e p ro v id e d w ritte n te stim o n y to th e C o m m itte e (E x h ib it L ) th a t I a m n o t
g o in g to re a d . T h e re a re th ree th in g s th a t re m a in o f th e b ill. S e c tio n 1 d ea ls
w ith a p ro b le m p o st-e n try o f a n e v ic tio n o rd e r, w h ic h th e la w n o w sa y s ca n b e
d o n e w ith in 2 4 h o u rs. S itu a tio n s th a t c o m e u p a t Wa sh o e L e g a l S e rv ice s
o ffic e s a n d th e L e g a l A id C e n te r inc lu d e a te n a n t w h o b e lie ve s th e y h av e m a de
a p a y m e n t p la n de a l w ith th e la n d lo rd a fter g e ttin g a 5 -d a y n o tic e , a n d the
la n d lo rd p ro ce e d s w ith th e lo c k o u t a n y w a y . T h e te n a n t n o w w a n ts to g o to
c o u rt a n d file a m o tio n to e ith e r va ca te th a t o rd er o r sta y it. T h e re a re a lso th e
te n a n ts w h o n e e d m o re th a n 2 4 h o u rs to m o v e th e ir fa m ily o u t o f th e re sid e nc e .
T h e y m ig h t h a v e k id s in sc h o o l, it m ig h t b e th e m id d le o f th e w o rk w ee k ,
e t c e te ra , a n d 2 4 h o u rs is b y fa r th e fa ste st e v ic tio n tim e in the w e st. T e na n ts
a re a llo w e d a t lea st tw o d a y s in e ve ry o the r state i n th e w e st. O u r p ro b le m is,
o n b e h a lf o f th e te n a n ts, w e n e e d a t lea st 2 4 h o u rs fro m th e tim e w e le arn
a b o u t th e e v ic tio n o rd er to w he n th e she riff o r c o n sta b le ca n lo ck the te na n t
o u t. T h e p ro p o se d a m e n d m e n t a d d resse s th at p ro b le m to th e satisfac tio n o f
so m e o f the p artie s. We still h a ve a b it o f a c o n c ern in Wa sh o e C o u n ty . It is

M a rc h 3 1 , 2 0 1 1
P a g e 4 2
th e o n ly c o u n ty th a t I a m a w a re o f w h e re th e re a re n o t tw o v isits: o n e v isit b y
th e sh e riff o r c o n sta b le , w h o th e n re tu rn s. I th in k w e a re v e ry c lo se in o u r
d isc u ssio n s w ith b o th th e la n d lo rd a n d th e s h e riffs a n d c o n sta b le s a b o u t
re so lv in g th a t issu e .
T h e la st tw o se c tio n s de a l w ith the la ck o f a fu n c tio n in g lo c k a n d a llo w in g a
te n a n t to ge t a n e x pe d ite d c o u rt pro c e ss w h e n the la n d lo rd trie s to u se a
c rea tive m e th o d o f e v a d in g th e c u rre n t sta tu te s. T h e re fo re , I b e lie v e w ith a
little fu rth er w ork w e c a n c o m e b ac k a s o n e b ig h a p p y fa m ily . T h a nk y o u ,
M r. C h a irm a n .
Chairman Horne:
T h a n k y o u , M r. S a sser. I se e n o q u e stio n s. Is th e re a n y o n e else he re in
C a rso n C ity w ish in g to te stify in fa v or o f A . B . 2 2 6 ? F o r th e rec o rd ,
B ill U ffe lm a n , J a n G ilbe rt, G a il A n d erso n , J o n S a sser, T erry G ra v e s, a n d
S u sa n F ish e r h a v e sig n e d in , in fa v o r. In a d d itio n , T im K u za n ek a n d
F ra n k A d am s h a ve sig ne d in for th e b ill, a n d o p p o se d to th e a m e n d m e n t.
C a n y o u m a k e y o u r te stim o n y q u ick ?
Tim Kuzanek, Captain, Governmental Affairs, Washoe County Sheriffs Office:
In itia lly w h e n I sig n e d in , w e d id n o t h a v e a n y p ro b le m s w ith th e o rig in a l
v e rb ia ge in th e b ill. H o w ev e r, th e a m e n d m e n t d o e s cre ate so m e issu e s for u s.
We a re w illin g to w o rk w ith th e p ro p o n e n ts o f th e b ill to try to w o rk th e m o u t.
I c a n a lso sp e a k o n b e h a lf o f th e N e va d a S h e riffs a n d C h ie fs A sso c ia tio n fo r
th e sa m e re a so n s.
Chairman Horne:
T h e re a re th re e p e o p le sig n e d in to sp ea k in La s V e g a s: J im B erc h to ld ,
D a v id O lsh a n , a n d J a m ie C o g b u rn . D o th e th re e o f y o u h a ve th e sam e th in g to
sa y ?
David Olshan, representing Nevada Legal Services:
G e n e ra lly , ye s. We su p p o rt A . B . 2 2 6 . T h e b ig g e st p ro b le m w e se e is
Nevada Revised Statutes (N R S ) 4 0 . 2 5 3 h a s a n a m b ig u ity . T h e a m b ig u ity is th a t
th e sh eriff or c o n sta b le ca n lo ck the te n a n t o u t w ith in 2 4 h o u rs.
A . B . 2 2 6 se e k s to re so lve th a t b y sa y in g n o t le ss th a n 2 4 h o u rs. We a re
g re a tly in fa v o r o f th a t la n g u a g e . We fe e l th a t th e p ro b le m i s th e w o rd in g ,
w ith in 2 4 h o u rs. T h a t is n o t v e ry h e lp fu l. T h e w o rd in g o f n o t le ss th a n
2 4 h o u rs d o e s p ro v id e m o re c la rity , so w e a re in fa v or o f A . B . 2 2 6 .
Chairman Horne:
Is th a t a m e , to o fro m th e o th e r tw o g e n tle m e n ?

M a rc h 3 1 , 2 0 1 1
P a g e 4 3
J amie Cogburn, representing the Nevada J ustice Association:
T h a t is a m e , to o .
J ames Berchtold, representing Clark County Civil Law Self-Help Center, Clark
County Courts:
I a m in fa v o r o f th e b ill.
Chairman Horne:
Is th e re a n y o n e e lse to sp e a k in fa v o r o f th e b ill. [N o o n e re sp o n d e d . ] We a re
g o in g to m o v e to o p p o sitio n to th e b ill. We h a v e tw o c o n sta b le s.
Gary Rogers, Constable, Goodsprings Township, J ean, Nevada:
I a m o p p o se d to o n e a sp e c t o f th e a m e n d m e n t, w h ic h is th e p art th a t state s,
a n d p o st th e o rd e r o n th e p re m ise s, n o t m o re th a n 2 4 h o u rs a fte r e n try o f th e
o rd e r. I re p rese n t th e e ig h t o u tly in g c o n sta b le s in m y a re a . We a ll ha v e rea l
jo b s b e sid e s c o n sta b le , a n d tha t is m uc h to o q u ic k ly fo r u s to be a b le to
re sp o n d w ith o u t h av in g to lo se w ork , a n d th a t is m y o n ly p ro b le m w ith the
a m e n d m e n t.
Steve Kilgore, Deputy Director, Constables Office, Henderson Township:
A s c o n sta b les, w e d o n o t like th is b ill fo r a c o u p le o f d iffere n t re a so n s.
J o n S a sse r is c orrec t th at w e a re c lo se , b u t th e re is still m o re w o rk to d o .
I te stifie d o n a n e arlier o cc a sio n tha t c o n sta b le s try to pro te c t th e d u e p ro ce ss
o f th e sy ste m . O ne o f the th in g s w e h a ve ye t to c la rify a b o u t th is p a rtic u la r b ill
is th e e n d in g tim e . T h e o rig in a l la n g u a g e o f th e b ill sa id th e n o tice h a d to b e
se rv e d w ith in 4 8 h o u rs. We d id n o t lik e th is b e c a u se it d id n t g iv e u s th e
la titu d e to b u y a little tim e fo r th e te n a n ts, w h ic h w e w ill o cc a sio n ally d o . It is
still n e b u lo u s h o w w e w ill e n d u p o n th a t p a rtic u la r issu e . We ha v e re w o rde d it
a c o u p le o f tim e s a n d a re in p ro d u c tiv e c o m m u n ic a tio n w ith e ve ry o n e in v o lve d .
Chairman Horne:
A re th ere a n y q u estio n s? [N o o n e re sp o n d e d . ] Is th e re a n y o n e e lse h e re in
o p p o sitio n to th is b ill?
Susan Fisher, representing the Coalition of Housing Providers; and Nevada State
Apartment Association:
It is d iffic u lt to k n o w h o w to sig n in o n a b ill b e c a u se o f th e n e w ru le s th is y e a r.
We d o su p p o rt a g o o d p o rtio n o f th e b ill a n d w e a p p rec ia te
A sse m b ly m a n F rierso n w o rk in g w ith u s o n the b ill. We su p p o rt tha t a la n d lo rd
sh o u ld n o t b e a b le to m a ke lo c k s tha t d o n o t w o rk . T e n a n ts sh o u ld h a v e a
fu n c tio n in g lo c k . H o w e v er, w e d o h a v e c o n c ern s w ith th e tim e line .

M a rc h 3 1 , 2 0 1 1
P a g e 4 4
Ruth Wheeler, Private Citizen, Reno, Nevada:
I o w n 1 3 9 u n its in 6 d iffe re n t b u ild in g s in d o w n to w n R e n o . I a c q u ire d th e se
p ro p e rtie s o n e a t a tim e , o v er th e la st 3 0 ye ars. T h e e v ic tio n p ro c e ss is
so m e th in g I u se re g u la rly , n o t to e xc lu d e te n a n ts, b u t to g iv e e v ery o n e a
tim e fram e in w h ic h to p a y th e ir re n t. T h e p ro ce ss w ork s v e ry w e ll w he n it is
fo llo w e d , a n d I a m a g a in st a n y le n g th e n in g o f th e tim e fra m e . It w o u ld p re se n t
a h a rd sh ip th a t I c a n n o t a fford . T im e s are d iffic u lt a lrea d y , a n d I re a lize th e se
tim e s are a w fu l fo r te n a n ts a s w e ll. H o w e v er, I a m a lm o st in th e sa m e b o a t a s
m y te na n ts. Wh ile liste n in g to th e first bill to d ay , I w a s th in kin g h o w th a t is m y
life d o w n th e ro a d re g a rd in g th e fo re clo su re s. We w a n t to b e c a re fu l n o t to a d d
so m a n y la y e rs th at la n d lo rd s h a v e to g e t la w ye rs, w h ic h b e c o m e s v ery
e x p e n siv e . If la n d lord s a re fo rce d to o b ta in a ttorn e y s to w o rk th ro u g h th is
p ro c e ss, th e e x p e n se is m u ltip lie d a n d b e c o m e s u n te n a ble fo r la n d lo rd s w h o a re
ju st try in g to ke e p th e ir h ea d s a b o v e w a ter a s it is. T h a t c o st w ill a lso be
p a sse d alo n g to th e te n a n ts. We d o n o t h a ve la w s th a t p u n ish th o se o f u s w h o
a re fo llo w in g th e le tte r o f th e la w a n d are n o t c irc u m v e n tin g th e p ro ce ss
b e c a u se o f a fe w , w h ic h I u n d e rsta n d is prim arily h a p p e n in g in L a s V e g a s.
[E x a m p le N o tice o f E v ic tio n p ro v id e d b u t n o t d isc u sse d (E x h ib it M ). ]
Gregory F. Peek, Vice President, ERGS Inc.:
We are a d e ve lo p er, b u ild e r, a n d o w ne r o f a p artm e n ts in th e R e n o a re a . I ju st
w a n t to m a k e su re th e re is a d istin ctio n a n d th a t th e m e m b e rs o f th e C o m m ittee
u n d e rsta n d w e are ta lkin g a b o u t n o n p a y , w h ic h is d iffe re n t th a n b rea c h , a n d
d iffe re n t th a n n u isa n c e . A ll o f th o se h av e d iffe re n t p roc e d u res. We h a v e h e ard
a lo t o f ta lk a b o u t d u e p ro c e ss. T h e re is n o q u e stio n th a t Wa sh o e C o u n ty is
u n iq u e a n d d iffe re n t th a n C la rk C o u n ty . T h e la w in Wa sh o e C o u n ty is v e ry
c le ar. O n c e the a p p lic a tio n h a s b e e n m a d e a n d th e ju d ic ia l d a y s a re e x ha u ste d ,
th a t p e rio d is a b o u t 1 5 d a y s. T h e n o tic e h a s b ee n m a d e a n d t h e re side n t
k n o w s h e is la te o n h is p a y m e n t. T h e ju d g e m a y th e n issu e th e o rd e r o f
e v ic tio n a n d th e sh e riff c o m e s o u t to m a k e th e e v ic tio n . T h a t is d iffe re n t th a n
C la rk C o u n ty w h ic h also im p o se s a n a d d itio n a l ste p th a t is th e n o tic e o f
e v ic tio n . We d o n o t n e c e ssa rily ha v e th a t for n o n p a y s in Wa sh o e C o u n ty .
I w o u ld su g g e st th a t a ll o f th e p a rtie s g e t to g e th er a n d u n d e rsta n d w h e re so m e
o f th e se ru le s orig in a te . P e rh a p s th e N R S is n o t th e p la c e to a d d re ss so m e o f
th e se c o n ce rn s. C la rk C o u n ty h a s a d d re sse d th e n o tice o f e v ic tio n lo ca lly .
If th e re is a p ro b le m w ith th a t in Wa sh oe C o u n ty , p e rh a p s it n ee d s to be fixe d
lo c a lly a n d n o t a t th e sta te lev e l. We a re in a ctiv e n e g o tia tio n s a n d w e d o
su p p o rt th e re st o f th e a m e n d m e n t w ith re g a rd to lo c k s.
Chairman Horne:
T h a n k y o u . I se e c o n sta b le s sittin g a t th e ta b le in La s V e g a s. D o y o u h a ve
d iffe re n t te stim o n y th a n th e o th er c o n sta b le s? B e c a u se w e ha v e be e n c a lle d to
th e flo o r a n d w e a re la te .

M a rc h 3 1 , 2 0 1 1
P a g e 4 5
Earl Mitchell, Constable, Henderson Township:
We a re a g a in st th e c h a n g e s p ro p o se d u n d e r sec tio n 1 , p a ra g ra p h 5 ,
su b p a ra g ra p h (a ), b u t w e a re m o re th a n w illin g to w o rk w ith th o se tha t su p p o rt
th o se c h a n g e s in o rde r to c o m e u p w ith a n e q u ita b le a n d fair p roc e ss.
In a d d itio n , re g a rd in g M r. S a sse rs te stim o n y th a t the p o stin g ta k e s p lac e w ith in
2 4 h o u rs, I c a n sp e a k o n ly a b o u t H e n d e rso n . We o fte n ta lk w ith la n d lo rd s w h o
w a n t to g iv e th e ir te n a n ts m o re tim e . M y u n d e rsta n d in g is th a t th e p ro p o se d
a m e n d m e n t sta te s th a t th e lo c k o u t m u st ta k e p lac e in 4 8 h o u rs; I b e lie ve tha t
w ill b a c k fire o n th o se th a t p ro p o se it. I w o u ld e n c o u ra g e th a t th e p ro p o n e n ts o f
th e a m e n d m e n t g e t to ge th e r w ith th o se o f u s w h o o p p o se it a n d try to rea c h a n
e q u ita b le a n d fa ir p ro ce ss.
Chairman Horne:
I h a v e a w o o d sh e d in m y o ffic e th a t is p rim e d a n d re a d y fo r th o se d isc u ssio n s,
M r. F rie rso n . I se e tw o m o re p e o p le a t the ta b le in L a s V e ga s, d o y o u h a v e
sim ila r c o n c ern s? If so , y o u c a n sa y m e , to o .
J ohn Bonaventura, Constable, Las Vegas Township:
M e , to o .
Dan Palazzo, Captain, Constables Office, Las Vegas Township:
I w o u ld a lso a g re e w ith C o n sta b le M itc h ell re ga rd in g d isc u ssio n s to m ak e a
m o re e q u ita b le la n g u a g e in sec tio n 1 o f th e b ill.
Paula Lane, President, Nevada State Apartment Association:
T h e N e v a da S ta te A p artm e n t A sso cia tio n is o p p o se d to A . B . 2 2 6 . A t tim e s, o u r
in d u stry c a n b e m isg u id e d b y p e rc e p tio n . We p rid e o u rse lv e s in b e in g g o o d
p ro p e rty m a na g e rs, w e w o rk w ith o u r re sid e n ts w h o are h a vin g p ro b le m s b y
se ttin g u p p a y m e n t p la n s, a n d w e re a lly w a n t th e te n a n ts to sta y . N in e ty -n in e
p e rce n t o f the p ro p erty m a n a ge rs in th is b u sine ss are g o o d p e o p le . We fo llo w
th e ru le s, a n d w e d o th e rig h t th in g . We are a sk in g th a t th e b ill b e a s it w a s
o rig in a lly w ritte n . We d o n o t w a n t a n e x te n sio n o f t h e tim e p e rio d . Wh e n w e
h a v e to e v ic t a te na n t, w e w a n t to b e a b le to g e t o u r p ro p e rty b a c k in th e
re g u lar tim e p e rio d . T h e e x te n sio n o f tim e in th e a m e n d m e n t w ill h urt th e g o o d
la n d lo rd s w h o a re d o in g th e rig h t th in g . T h e o th e r o ne p e rce n t w ill n o t fo llo w
th e ru le s a n y w a y . Wh y sh o u ld w e b e p e n a lize d b ec a u se o f th e a c tio n s o f
a fe w ?
Randall Watson, President, RJ W Real Estate, Inc.:
M y w ife a n d I o w n R J W R e a l E sta te , w h ic h c o n sists o f a re n ta l pro p e rty in
H e n d e rso n a n d sev e n p ro p e rtie s in o th e r pa rts o f C lark C o u n ty . We try to ta ke
g o o d c a re o f o u r te na n ts. We ju st c o m p le te d o u r first e vic tio n in 3 0 y ea rs. T o
g iv e a te n a n t m o re tim e ju st in v ite s p ro b lem s w ith th e te n a n t. O u r te n a n t w a s

M a rc h 3 1 , 2 0 1 1
P a g e 4 6
se llin g o u r p ro p erty o n craigslist a n d n o t p a yin g th e re n t. T h is g a ve h im m o re
tim e to d a m a g e o u r p ro p e rty , w h ic h w e n o w h a v e to re p air a t o u r e x p e n se . T h e
te n a n t k n e w h e h a d p le n ty o f tim e , b e c a u se w e w ere try in g to w o rk w ith
h im to re so lv e th is issu e . A s it tu rn e d o u t, w e w ere ju st g iv in g the te na n t m o re
tim e to stea l o u r pro p e rty a n d d a m a ge o u r h o m e w h ile n o t p a yin g re n t. We a re
stru g g lin g to g e t b y a n d w e b are ly brea k e v e n . A fte r re p airin g th e pro p e rty a n d
re p lac in g sto le n a n d d a m a g e d ite m s, it w ill ta ke a lo n g tim e to b re ak e v e n o n
th a t p ro p e rty . We a re ju st a sk in g to b e a b le to su rv ive .
Chairman Horne:
T h a n k y o u . I se e n o q u e stio n s. A re the re a n y fu rth e r spe a ke rs in o p p o sitio n ?
[N o o n e re sp o n d e d . ] A re th e re a n y p e o p le w ish in g to sp e a k in n e u tra l? [N o o n e
re sp o n d e d . ] T h e he a rin g o n A . B . 2 2 6 is n o w c lo se d . We a re a d jo urn e d
[a t 1 1 : 0 4 a . m . ].
R E S P E C T F U L L Y S U B M IT T E D :
J e a n B e n n e tt
C o m m itte e S e cre ta ry
A P P R O V E D B Y :
A sse m b ly m a n Willia m C . H o rn e , C h a irm a n
D A T E :

M a rc h 3 1 , 2 0 1 1
P a g e 4 7
EXHIBITS
Committee Name: Committee on J udiciary
Date: March 31, 2011 Time of Meeting: 8:09 a.m.
Bill Exhibit Witness / Agency Description
A A g e n d a
B A tte n d a n ce R e c o rd
A . B . 2 8 4 C A sse m b ly m a n C o n k lin P re p a re d T e stim o n y
A . B . 2 8 4 D K a re n D . D e n n iso n ,
re p re se n tin g th e A m e ric a n
R e so rt D e ve lo p m e n t
A sso c ia tio n
P ro p o se d A m e n d m e n t
A . B . 9 E K e v in H ig g in s, J u stice o f th e
P e a c e , D e p artm e n t T w o ,
S p a rk s J u stice C o u rt
A . B . 9 F K e v in H ig g in s, J u stice o f th e
P e a c e , D e p artm e n t T w o ,
S p a rk s J u stice C o u rt
C h a rt C o m p a rin g F ilin g
F e e s
A . B . 2 9 1 G J o h n C a h ill, C la rk C o u n ty
P u b lic A d m in istra to r
L e tte r fro m C h a rle s W.
D e a ne r, o f D e a ne r,
S c a n n , M a la n & L a rso n
in L a s V e ga s
A . B . 2 9 1 H J o h n C a h ill, C la rk C o u n ty
P u b lic A d m in istra to r
S p re a d sh e e t
A . B . 2 9 1 I C h ris F e rra ri, re pre se n tin g
K e m p & A sso c ia te s
A . B . 2 2 6 J A sse m b ly m a n F rierso n P ro p o se d A m e n d m e n t
A . B . 2 2 6 K A sse m b ly m a n F rierso n S p re a d sh e e t C o m p a rin g
N e va d a to O th e r S ta te s
A . B . 2 2 6 L J o h n S a sse r, re p re se n tin g th e
Wa sh o e C o u n ty S e n io r L a w
P ro je c t a n d Wa sh o e Le g a l
S e rv ice s a n d th e L e g a l A id
C e n te r o f S o u th e rn N e v a da
Writte n T e stim o n y
A . B . 2 2 6 M R u th Wh e e le r E x a m p le N o tice o f
E v ic tio n
Date of Printing: Oct 19, 2012
KEYCITE
State v. Fanger, 164 Vt. 48, 665 A.2d 36 (Vt., Jun 30, 1995) (NO. 94-262)
History
Direct History
=> 1 State v. Fanger, 164 Vt. 48, 665 A.2d 36 (Vt. Jun 30, 1995) (NO. 94-262), rear-
gument denied (Jul 26, 1995)
Negative Citing References (U.S.A.)
Distinguished by
2 State v. Turnbaugh, 174 Vt. 532, 811 A.2d 662 (Vt. Sep 30, 2002) (NO. 02-397)
HN: 1,2,5 (A.2d)
2012 Thomson Reuters. All rights reserved.
Date of Printing: Oct 19, 2012
KEYCITE
State v. Fanger, 164 Vt. 48, 665 A.2d 36 (Vt. Jun 30, 1995) (NO. 94-262)
Citing References
Negative Cases (U.S.A.)
Distinguished by
1 State v. Turnbaugh, 811 A.2d 662, 664+, 174 Vt. 532, 533+ (Vt. Sep 30, 2002)
(NO. 02-397) " HN: 1,2,5 (A.2d)
Positive Cases (U.S.A.)
Discussed
2 State v. Beer, 2003 WL 25608033, *25608033+ (Trial Order) (Vt.Dist.Ct. Sep
04, 2003) Memorandum Decision and Order (NO. 329-4-02CA) " HN: 2
(A.2d)
Cited
3 Lay v. Pettengill, 38 A.3d 1139, 1148, 33 IER Cases 311, 311, 2011 VT 127, 127
(Vt. Nov 23, 2011) (NO. 10-185) " HN: 1,2 (A.2d)
4 State v. Hinchliffe, 987 A.2d 988, 994, 186 Vt. 487, 496, 2009 VT 111, 111 (Vt.
Nov 06, 2009) (NO. 08-456) HN: 1,2 (A.2d)
5 State v. Patch, 2008 WL 4906947, *1 (Vt. Nov Term 2008) (NO. 2008-109) HN:
1 (A.2d)
6 State v. Cram, 955 A.2d 528, 530, 184 Vt. 531, 532, 2008 VT 55, 55 (Vt. May
01, 2008) (NO. 07-054) " HN: 3 (A.2d)
7 State v. Doleszny, 844 A.2d 773, 786, 176 Vt. 203, 219, 2004 VT 9, 9 (Vt. Jan
30, 2004) (NO. 2001-310) HN: 2 (A.2d)
8 State v. Burke, 2003 WL 25744765, *1 (Vt. Nov Term 2003) (NO. 2002-477)
HN: 2 (A.2d)
9 State v. Alexander, 795 A.2d 1248, 1256, 173 Vt. 376, 386 (Vt. Feb 08, 2002)
(NO. 00-135) HN: 6 (A.2d)
10 State v. Carrasquillo, 795 A.2d 1141, 1145, 173 Vt. 557, 559 (Vt. Jan 22, 2002)
(NO. 2000-438) " HN: 2 (A.2d)
11 State v. White, 782 A.2d 1187, 1190, 172 Vt. 493, 497 (Vt. Aug 31, 2001) (NO.
2000-211) " HN: 1 (A.2d)
12 State v. Donaghy, 769 A.2d 10, 13, 171 Vt. 435, 438 (Vt. Dec 08, 2000) (NO.
99-405) "
13 State v. Free, 749 A.2d 622, 623, 170 Vt. 605, 606 (Vt. Feb 17, 2000) (NO.
1732-10-98BNCR, 99-183) HN: 2 (A.2d)
14 State v. Parker, 744 A.2d 434, 435+, 170 Vt. 571, 572+ (Vt. Dec 15, 1999) (NO.
99-023) " HN: 1,2 (A.2d)
15 State v. Petruccelli, 743 A.2d 1062, 1066, 170 Vt. 51, 56 (Vt. Sep 24, 1999) (NO.
98-106) " HN: 2 (A.2d)
16 State v. Dixon, 725 A.2d 920, 922+, 169 Vt. 15, 17+ (Vt. Jan 08, 1999) (NO.
97-166) " HN: 1,2 (A.2d)
17 State v. Dann, 702 A.2d 105, 114, 167 Vt. 119, 133 (Vt. Aug 08, 1997) (NO.
96-178, 96-179)
18 State v. Rand, 2001 WL 36043912, *36043912+ (Trial Order) (Vt.Dist.Ct. Feb
13, 2001) Opinion and Order Regarding Defendant's Motion for Judgment
of Acquittal and for Mistrial (NO. 1193-9-99WN) HN: 1,2 (A.2d)
Secondary Sources (U.S.A.)
19 Handbook of Federal Evidence s 403:2, Taking exhibits into the jury room; note
taking; asking questions; written instructions (2011) HN: 2 (A.2d)
20 Substantive Criminal Law s 21.2, Criminal trespass (2012) HN: 3 (A.2d)
21 Tiffany Real Property s 86, Entry by lessee (2012)
22 Winning Evidence Arguments s 403:2, Taking exhibits into the jury room; note
taking; asking questions; written instructions (2010) HN: 2 (A.2d)
Court Documents
Appellate Court Documents (U.S.A.)
Appellate Briefs
23 Dean KENT, Appellant/Plaintiff, v. Jared KATZ, Individually and as a Police Of-
ficer for the Town of Colchester, Appellee/Defendant., 2004 WL 3606488,
*3606488+ (Appellate Brief) (2nd Cir. Sep 27, 2004) Reply Brief (NO. 04-0880)
" HN: 2 (A.2d)
24 STATE OF VERMONT, Appellee, v. Thomas LAFAYETTE, Appellant., 2009
WL 2598326, *2598326+ (Appellate Brief) (Vt. Aug 11, 2009) Appellee State of
Vermont's Brief (NO. 2009-043) " HN: 5 (A.2d)
25 STATE OF VERMONT, Appellee, v. Thomas LAFAYETTE, Appellant., 2009
WL 2031881, *2031881+ (Appellate Brief) (Vt. Jun 26, 2009) Brief of the Ap-
pellant (NO. 1815-5-08CN, 2009-043) " HN: 3 (A.2d)
26 STATE OF VERMONT, Plaintiff-Appellee, v. Kirt A. TAVIS, Defendant-Appel-
lant., 2009 WL 207827, *207827+ (Appellate Brief) (Vt. Jan 13, 2009) Appellee
State of Vermont's Brief (NO. 2008-152) "
27 STATE OF VERMONT, Appellee, v. Michael COLBY, Appellant Boots Wardin-
ski, Appellant., 2008 WL 1981550, *1981550+ (Appellate Brief) (Vt. Mar 11,
2008) Brief of the Appellee State of Vermont (NO. 2007-317, 2007-376)
28 STATE OF VERMONT, Appellee, v. Michael COLBY, Appellant Boots Wardin-
ski, Appellant., 2008 WL 1981549, *1981549+ (Appellate Brief) (Vt. Jan 22,
2008) Brief of Appellants (NO. 2007-317, 2007-376)
29 STATE OF VERMONT, Appellee, v. Mandy CRAM, Appellant., 2007 WL
5161155, *5161155+ (Appellate Brief) (Vt. Jun 2007) Brief of the Appellant
(NO. 2007-054) " HN: 5 (A.2d)
30 PROGRESSIVE INSURANCE COMPANY, Plaintiff/Appellant, v. Kyle
BROWN, Defendant/Appellee., 2007 WL 4642087, *4642087+ (Appellate Brief)
(Vt. Apr 18, 2007) Reply Brief of Appellant, Progressive Insurance Company
(NO. 2006-507)
31 STATE OF VERMONT, Plaintiff/Appellee, v. Mandy CRAM, Defendant/Appel-
lant., 2007 WL 5161156, *5161156+ (Appellate Brief) (Vt. 2007) Appellee State
of Vermont's Brief (NO. 2007-054) HN: 4 (A.2d)
32 State of Vermont, Appellee, v. James BRISTOL, Appellant., 2005 WL 3954853,
*3954853 (Appellate Brief) (Vt. Sep 28, 2005) Appellee's Brief (NO. 2005-064)
HN: 3 (A.2d)
33 State of Vermont, Appellee, v. Gary Nelson COBURN, Appellant., 2005 WL
1386654, *1386654+ (Appellate Brief) (Vt. May 03, 2005) Appellant's Brief
(NO. 2005-033) HN: 3,4 (A.2d)
34 STATE OF VERMONT, Appellee, v. Rosemarie JACKOWSKI, Appellant., 2005
WL 1024628, *1024628+ (Appellate Brief) (Vt. Apr 04, 2005) Brief of the Ap-
pellee (NO. 2004-455) HN: 6 (A.2d)
35 In Re Bruce WILCOX aka Puchel, Petitioner/Appellant., 2005 WL 486991,
*486991 (Appellate Brief) (Vt. Jan 07, 2005) Brief of the Appellee (NO.
2004-543)
36 State of VERMONT, Appellee, v. Eric CYR, Defendant/Appellant Supreme
Court Docket No. 2004-110, Appeal from The, District Court of Vermont Frank-
lin Circuit, Unit 3 Docket No. 721-5-02Frcr., 2004 WL 3214617, *3214617+
(Appellate Brief) (Vt. Dec 15, 2004) Brief of the Appellee (NO. 2004-110)
HN: 5 (A.2d)
37 STATE OF VERMONT, Appellee, v. ERIC CYR, Defendant Appellant., 2004
WL 3321114, *3321114+ (Appellate Brief) (Vt. Dec 13, 2004) Brief of the Ap-
pellee (NO. 2004-110) HN: 5 (A.2d)
38 STATE OF VERMONT, Appellee, v. ERIC CYR, Defendant/Appellant., 2004
WL 3214616, *3214616 (Appellate Brief) (Vt. Oct 14, 2004) Brief of the Appel-
lant (NO. 2004-110)
39 STATE OF VERMONT, Appellee, v. Eric CYR, Defendant/Appellant., 2004 WL
3444421, *3444421+ (Appellate Brief) (Vt. Oct 14, 2004) Brief of the Appellant
(NO. 04-110) " HN: 3,4,5 (A.2d)
40 STATE OF VERMONT, Appellee, v. WAYNE HUTCHINS, Appellant., 2004
WL 3214641, *3214641+ (Appellate Brief) (Vt. Sep 22, 2004) Brief of Appellee
(NO. 2004-188)
41 STATE OF VERMONT, Appellee, v. Elizabeth LEOPOLD, Appellant., 2004
WL 3203798, *3203798+ (Appellate Brief) (Vt. Sep 13, 2004) Brief of Appel-
lant (NO. 2004-178) HN: 1,2 (A.2d)
42 STATE OF VERMONT, Appellee, v. Elizabeth LEOPOLD, Appellant., 2004
WL 3214634, *3214634+ (Appellate Brief) (Vt. Sep 13, 2004) Brief of Appel-
lant (NO. 2004-178) HN: 1,2 (A.2d)
43 STATE OF VERMONT, Appellee, v. Lynda L. FRANKLIN, Defendant/Appel-
lant., 2004 WL 3214506, *3214506+ (Appellate Brief) (Vt. May 17, 2004) Brief
of the Appellee (NO. 2003-280) HN: 1 (A.2d)
44 STATE OF VERMONT, Appellee, v. Lynda L. FRANKLIN, Defendant/Appel-
lant., 2004 WL 3713290, *3713290+ (Appellate Brief) (Vt. May 17, 2004) Brief
of the Appellee (NO. 03-280) HN: 1 (A.2d)
45 STATE OF VERMONT, (Appellee), v. Montessa WHITTEMORE, Defendant
(Appellant)., 2002 WL 32813714, *32813714+ (Appellate Brief) (Vt. Jan 24,
2002) Brief of the Appellee (NO. 2001-184) " HN: 6 (A.2d)
46 STATE OF VERMONT, Appellee, v. Wolf KEISER, Appellant., 2001 WL
34770521, *34770521+ (Appellate Brief) (Vt. Oct 03, 2001) Brief of the Ap-
pellee (NO. 2001-132) " HN: 2 (A.2d)
47 State of Vermont, Appellee, v. Edward CARRASQUILLO, Appellant., 2001 WL
34788737, *34788737+ (Appellate Brief) (Vt. Aug 31, 2001) Appellee's Brief
(NO. 2000-438) " HN: 2 (A.2d)
48 Ghassan J. MAARAWI, v. LINDA PARENTEAU, et al., 2001 WL 34771522,
*34771522+ (Appellate Brief) (Vt. Aug 15, 2001) Brief of the Appellees (NO.
2001-230) HN: 4 (A.2d)
49 STATE OF VERMONT, Appellee, v. Michael AGOSTA, Appellant., 2001 WL
34771390, *34771390+ (Appellate Brief) (Vt. Jul 05, 2001) Brief of Appellee
(NO. 2000-387) " HN: 2 (A.2d)
50 State of Vermont, Appellee v. Robert L. WHITE, Defendant/Appellant, 2001 WL
34788722, *34788722+ (Appellate Brief) (Vt. Jan 09, 2001) Brief of the Appel-
lant (NO. 2000-211) HN: 1,2 (A.2d)
51 In Re Jerry SAVO., 2000 WL 34505854, *34505854+ (Appellate Brief) (Vt. Nov
28, 2000) Appellee's Brief (NO. 2000-299) HN: 5,6 (A.2d)
52 STATE OF VERMONT, Appellee, v. Thomas HOULE, Defendant/Appellant.,
2000 WL 34505755, *34505755+ (Appellate Brief) (Vt. Sep 21, 2000) Brief of
the Appellant (NO. 2000-214) HN: 1 (A.2d)
Trial Court Documents (U.S.A.)
Trial Motions, Memoranda and Affidavits
53 State of Vermont, v. George Dean MARTIN., 2002 WL 34457066, *34457066
(Trial Motion, Memorandum and Affidavit) (Vt.Dist.Ct. Dec 10, 2002) State's
Memorandum in Opposition to Defendant's Motion to Dismiss for Lack of a
Prima Facie Case (NO. 485-7-02AN) " HN: 2 (A.2d)
54 CITY OF MONTPELIER, Plaintiff, v. Richard BARNETT, Cedric Sanborn and
Leslie Sanborn, Defendants., 2010 WL 6689992, *1+ (Trial Motion, Memor-
andum and Affidavit) (Vt.Super. Jul 16, 2010) Plaintiff's Opposition to Sum-
mary Judgment and Request for Judgment Sua Sponte (NO.
145-3-10-WNCV)
55 Chris KHAMNEI d/b/a/ Green Mountain Real Estate, Plaintiff, v. Jay BEHR-
MAN and All Others Residing at the Premises, Defendant., 2008 WL 7290884,
*7290884+ (Trial Motion, Memorandum and Affidavit) (Vt.Super. Jul 25, 2008)
Memorandum of Law Supporting Motions for Judgment and Counterclaims
(NO. S0418-08CNC)
56 Ken and Penny BELL, v. Michael PALMER, Esq., 2004 WL 5607722, *5607722
(Trial Motion, Memorandum and Affidavit) (Vt.Super. Aug 30, 2004) Plaintiffs'
Post-hearing Proposed Findings and Conclusions (NO. 64-4-02ANCV)
Judges and Attorneys
Supreme Court of Vermont.
STATE of Vermont
v.
Bruno FANGER.
No. 94-262.
June 30, 1995.
Motion for Reargument Denied July 26, 1995.
Defendant, an apartment manager, was charged with unlawful trespass. Defendant moved
to dismiss for lack of a prima facie case. The District Court, Windham Circuit, Robert Gruss-
ing III, J., granted motion. State appealed. The Supreme Court, Dooley, J., held that sufficient
evidence proved that defendant entered tenant's residence knowing he was not licensed or
privileged to do so.
Reversed and remanded.
West Headnotes
[1] Criminal Law 110 752.5
110 Criminal Law
110XX Trial
110XX(F) Province of Court and Jury in General
110k752.5 k. Dismissal or Nonsuit. Most Cited Cases
(Formerly 110k7521/2)
Standard for addressing motion to dismiss for lack of a prima facie case is same as stand-
ard for motion for judgment of acquittal. Rules Crim.Proc., Rules 12(d), 29.
[2] Criminal Law 110 752.5
110 Criminal Law
110XX Trial
110XX(F) Province of Court and Jury in General
110k752.5 k. Dismissal or Nonsuit. Most Cited Cases
(Formerly 110k7521/2)
Normally, a ruling on motion to dismiss for lack of a prima facie case is made solely on
evidence offered by the state; however, authorization under rule allowing defendant to cross-
examine witnesses and introduce affidavits for further evidence in his own behalf required tri-
al court to make ruling based on all evidence before it, whether produced by the state or de-
fendant. Rules Crim.Proc., Rule 12(d)(2).
665 A.2d 36 Page 1
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
[3] Trespass 386 76
386 Trespass
386III Criminal Responsibility
386k76 k. Nature and Elements of Offenses in General. Most Cited Cases
Knowledge requirement of trespass statute mandating that trespass may be committed only
by a person knowing he is not licensed or privileged to enter a residence establishes a subject-
ive standard. 13 V.S.A. 3705(d).
[4] Trespass 386 76
386 Trespass
386k76 k. Nature and Elements of Offenses in General. Most Cited Cases
It is not sufficient for state to show that defendant should have known he was not licensed
or privileged to enter a dwelling to support conviction for trespass. 13 V.S.A. 3705(d).
[5] Trespass 386 88
386 Trespass
386k88 k. Evidence. Most Cited Cases
There was sufficient evidence to prove that defendant, an apartment manager, entered ten-
ant's residence knowing he was not licensed or privileged to do so to sustain trespass convic-
tion, although defendant stated he entered tenant's residence to make sure heat was on, given
tenant's testimony that defendant's only acts with respect to the heat was to disconnect the
heat, defendant made clear he was there to evict tenant, and defendant pushed open door while
tenant was attempting to keep it shut, knocking over her child in the process. 13 V.S.A.
3705(d); Rules Crim.Proc., Rule 12(d).
[6] Criminal Law 110 312
110 Criminal Law
110XVII Evidence
110XVII(B) Presumptions and Inferences
110k305 Presumptions
110k312 k. Intent. Most Cited Cases
Criminal Law 110 568
110 Criminal Law
110XVII Evidence
110XVII(V) Weight and Sufficiency
110k568 k. Elements of Offenses in General. Most Cited Cases
665 A.2d 36 Page 2
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
Intent is rarely proved by direct evidence; it must be inferred from a person's acts and
proved by circumstantial evidence.
**36 *50 Christopher C. Moll, Windham County Deputy State's Attorney, Brattleboro, for
plaintiff-appellant.
David G. Reid, Brattleboro, for defendant-appellee.
Before ALLEN, C.J., GIBSON, DOOLEY, MORSE and JOHNSON, JJ.
DOOLEY, Justice.
The State of Vermont appeals the Windham District Court's dismissal of one count of un-
lawful trespass in violation of 13 V.S.A. 3705(d) against defendant, Bruno Fanger. The
State argues that the trial court erred by concluding that the State failed to make a prima facie
case. We reverse.
Defendant is the manager and chief caretaker of eight buildings and 350 acres of property
located in Jamaica, Vermont. The owners of the property reside out-of-state, and in 1993 they
were looking for a housekeeper to live on the property. Defendant recommended Gary and
Jessica Clay for the job, who were hired on a trial basis and permitted to reside temporarily in
the building, which also housed defendant's office. **37 The Clays did not perform their job
satisfactorily, and defendant asked them to leave the property, although he allowed them to re-
main until they could find alternative accommodations.
Shortly after defendant asked the Clays to leave, defendant informed Mrs. Clay by tele-
phone that she and her husband had to vacate the apartment that day. Defendant then contac-
ted the state police to inform them that he had a problem with a tenant and that he needed to
go into the tenant's apartment. The State did not present any specific evidence regarding the
content of this conversation, other than that the police officer advised the Defendant of the
consequences if he did not abide by the laws. After this conversation with the state police,
defendant went to the building where the Clays resided, and again told Mrs. Clay that she and
her husband had to leave the apartment that day. When Mrs. Clay responded that defendant
should discuss the issue with her husband, defendant forced his way into the apartment despite
Mrs. Clay's efforts to prevent him from doing so.
*51 Defendant moved to dismiss the information, alleging the inability of the State to es-
tablish a prima facie case. See V.R.Cr.P. 12(d). In support of the motion, defendant filed an
affidavit describing his version of what occurred when he entered the apartment the Clays oc-
cupied. A hearing was held, and Mrs. Clay testified on behalf of the State. The court had be-
fore it her testimony and affidavit, and the affidavits of the investigating officer
FN1
and the
defendant. See id. 12(d)(2) (motion to be decided on basis of affidavits, depositions, sworn
oral testimony, or other admissible evidence). The court ruled that the State failed to show
that defendant knew he was not privileged to enter the apartment, an essential element of the
crime, based on defendant's explanation that he entered to turn on the heat in other apartments
and that he believed the Clays' tenancy had ended.
665 A.2d 36 Page 3
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
FN1. The court excluded much of the investigating officer's affidavit on hearsay
grounds, but allowed the part of the affidavit bearing on this decision.
The crime with which defendant is charged is defined as follows: A person who enters a
dwelling house, whether or not a person is actually present, knowing that he is not licensed or
privileged to do so shall be imprisoned for not more than three years or fined not more than
$2,000.00, or both. 13 V.S.A. 3705(d). There is no question that defendant entered a dwell-
ing house. The question before us relates solely to the knowledge element.
[1] The standard for addressing a motion to dismiss for lack of a prima facie case is the
same as the standard for a motion for judgment of acquittal. State v. Norton, 147 Vt. 223, 229,
514 A.2d 1053, 1058 (1986) (standard in Rule 29 for motion for acquittal applies to motion to
dismiss for lack of prima facie case). The court must determine whether, taking the evidence
in the light most favorable to the state and excluding modifying evidence, the state has
[produced] evidence fairly and reasonably tending to show the defendant guilty beyond a reas-
onable doubt. Reporter's Notes, V.R.Cr.P. 29; see V.R.Cr.P. 12(d)(2) (on motion to dismiss
for lack of prima facie case, State must show it has substantial, admissible evidence as to the
elements of the offense challenged by the defendant's motion). Thus, the issue before the trial
court, and before this Court on appeal, is whether sufficient evidence was disclosed to prove
beyond a *52 reasonable doubt that defendant entered the Clays' residence knowing that he
was not licensed or privileged to do so.
FN2
FN2. The State also addressed whether defendant's entry was privileged or licensed.
The trial court did not consider this argument, and did not rule that the State failed to
show absence of license or privilege. Accordingly, we have not addressed this argu-
ment, except tangentially in relation to the knowledge element.
[2] Normally, a prima-facie-case ruling is made solely on evidence offered by the State.
The rule does, however, authorize the defendant to cross-examine witnesses and introduce
affidavits or further evidence in his own behalf. V.R.Cr.P. 12(d)(2). In view of this authoriz-
ation, we believe the trial court must **38 make its ruling based on all the evidence before it,
whether produced by the State or the defendant. Cf. Ross v. Sirica, 380 F.2d 557, 559
(D.C.Cir.1967) (under comparable Federal Rule of Criminal Procedure 5(c) (now 5.1), prob-
able cause determination is made on all evidence, including evidence adduced by accused);
Schwader v. District Court, 172 Colo. 474, 474 P.2d 607, 609-10 (1970) (same under Color-
ado Criminal Rule 5(c)(3)).
[3][4] Vermont's criminal trespass statute is based on the Model Penal Code adopted by
the American Law Institute in 1962. See State v. Kreth, 150 Vt. 406, 409, 553 A.2d 554, 556
(1988). The primary similarity between the two statutes is that a trespass is committed only by
a person knowing that he is not licensed or privileged to do so. Compare Model Penal Code
221.2(1) (1962) (emphasis supplied) with 13 V.S.A. 3705(d). Comment 2(a) to 221.2
states that the knowledge requirement excludes from criminal liability both the inadvertent
trespasser and the trespasser who believes that he has received express or implied permission
to enter or remain on the premises. The knowledge requirement establishes a subjective stand-
ard. See State v. Sargent, 156 Vt. 463, 466-67, 594 A.2d 401, 403 (1991); Model Penal Code
665 A.2d 36 Page 4
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
2.02(b)(i) & Cmt. 2 (1980). It is not sufficient for the State to show that defendant should
have known he was not licensed or privileged to enter the dwelling. See Sargent, 156 Vt. at
465-66, 594 A.2d at 402. This interpretation of the knowing requirement is supported by
other jurisdictions that have criminal trespass statutes containing the same relevant language
as Vermont's. See State v. Dansinger, 521 A.2d 685, 689 (Me.1987) (liability for criminal
trespass necessarily involves state of mind of defendants); State v. Santiago, 218 N.J.Super.
427, 527 A.2d 963, 965 (1986) (no criminal liability for trespass where defendant perceived
that she was privileged to be on premises); Commonwealth v. *53 Sherlock, 326 Pa.Super.
103, 473 A.2d 629, 632 (1984) (no criminal liability for trespass where defendant could have
believed that he was licensed to be on premises).
[5][6] We recognize that [i]ntent is rarely proved by direct evidence; it must be inferred
from a person's acts and proved by circumstantial evidence. State v. Cole, 150 Vt. 453, 456,
554 A.2d 253, 255 (1988). Nevertheless, we agree with the trial court that much of the State's
claim for the adequacy of the evidence cannot be sustained. For example, the State points to
defendant's conversation with the state policeman as evidence that defendant knew that his ac-
tions were unlawful. The officer's affidavit, however, states only that he advised the Defend-
ant of the consequences if he did not abide by the laws without providing any details of the
conversation. It is impossible to determine what advice, if any, the officer gave defendant
about the requirements of the law or about actions defendant might take. Thus, we agree that
this evidence alone does not meet the State's burden.
Nor are we convinced that we should find the intent element because defendant is improp-
erly attempting to rely on his ignorance of the law. See State v. Woods, 107 Vt. 354, 356-57,
179 A. 1, 2 (1935) (maxim ignorantia legis non excusat is of unquestioned application in
Vermont ... both in civil and in criminal cases). Assuming, as the State argues, that the law
clearly gave defendant no privilege to enter on behalf of the property owner, the subjective in-
tent standard of 3705(d) necessarily includes knowledge of defendant's legal right to enter.
See Model Penal Code 2.04(1)(a) (1962) (ignorance as to matter of fact or law is defense if
ignorance negatives the knowledge required to establish material element of offense).
We are, however, persuaded that the evidence on the facts surrounding defendant's entry,
and his conduct after he entered, creates an inference that defendant knew he was not licensed
or privileged to enter. In his affidavit, defendant explained his reason for entry:
[I]t was becoming quite cold in this area of Jamaica and it was necessary for me to enter
the office where the Clays had been staying in order to gain access to the furnace switch and
fuse box which controlled not only the office where Mr. and Mrs. Clay had been temporarily
staying, but **39 other apartments in the same building. My intention in entering the apart-
ment on October 12, was to, in fact, secure the *54 thermostat, electric and other utilities to
the other apartments in the building. When I entered the office, it was under my authority as
caretaker and with the permission and under the authority of the owner ... for I believed I had
every right and privilege to enter the office.
Similarly, the affidavit of the investigating officer stated that when the officer arrived
[d]efendant advised that he tried to go into the house to make sure the heat was on.
665 A.2d 36 Page 5
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
The testimony of Mrs. Clay clearly disputed defendant's purpose for entry. She testified
that defendant's only acts with respect to the heat and electricity in the building were to dis-
connect the heat, electricity and hot water in the apartment in which the Clays were staying.
She testified that defendant said nothing about protecting the heat in other apartments and
made clear he was there to evict her. We conclude that where defendant has explained his in-
tent, and there is evidence negativing that explanation, the inference can be drawn that de-
fendant knew he did not have a license or privilege to enter so that the case should not have
been dismissed.
Our conclusion is reinforced by other evidence of defendant's actions. According to Mrs.
Clay's testimony, defendant's entry was accomplished by force and was accompanied by viol-
ence. She testified that defendant pushed open the door while she was attempting to keep it
shut, and in the process knocked over her child. She added that he grabbed my wrist and
twisted it behind my back and pulled my hair. This level of violence is inconsistent with an
understanding that defendant was simply doing what the law allowed.
Both in its procedural posture and in the nature of the evidence, this case is similar to
Commonwealth v. McBride, 528 Pa. 153, 595 A.2d 589 (1991), decided under the virtually
identical Pennsylvania statute. In McBride, the trial court dismissed the prosecution for lack of
a prima facie case because the Commonwealth had failed to show that the defendant did not
know he lacked permission to enter a house. The Supreme Court reversed, relying on the fact
that the defendant approached the house with a drawn gun and entered by kicking in a door.
The Court reasoned that from these facts it was reasonable ... to infer that appellee lacked
permission to enter. Id. at 592. Similarly in this case, the evidence of defendant's violent acts
undercuts an explanation of his conduct as the exercise of a landlord's right to evict a tenant in
accordance with the law.
Vt.,1995.
State v. Fanger
164 Vt. 48, 665 A.2d 36
Judges and Attorneys(Back to top)
Judges | Attorneys
Judges
Dooley, Hon. John A.
State of Vermont Supreme Court
Montpelier, Vermont 05609
Litigation History Report | Judicial Reversal Report | Judicial Expert Challenge Report | Pro-
filer
665 A.2d 36 Page 6
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
Gibson, Hon. Ernest W III
Litigation History Report | Judicial Reversal Report | Profiler
Johnson, Hon. Denise R.
Morse, Hon. James L.
Attorneys
Attorneys for Defendant
Reid, David G.
Brattleboro, Vermont 05301
Litigation History Report | Profiler
Attorneys for Plaintiff
Moll, Christopher C.
Brattleboro, Vermont 05301
END OF DOCUMENT
665 A.2d 36 Page 7
164 Vt. 48, 665 A.2d 36
(Cite as: 164 Vt. 48, 665 A.2d 36)
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State Laws Licensing
Process Servers
I have compiled below a list of those states with statewide licensing laws and those states
having cities or other jurisdictions in which some form of regulation has been enacted. Bear
in mind that these laws appear in the statutes of the individual states and, with the exception
of Arizona, do not appear in the states Rules of Civil Procedure.
What follows is my own summary of the statutes, which is intended only as a guide to point
readers in the direction of the relevant law. Those states in which authorization to serve is
granted by special order, standing order, appointment of elisor, or some other form of judicial
appointment are not included.
Gary A. Crowe, Administrator
STATES WITH STATEWIDE LICENSING LAWS
ALASKA
Process servers are licensed by the Commissioner of Public Safety. A $15,000 surety bond is
required to be posted by each process server. The bond applies primarily to theft that may
arise out of levies and executions. Applicants must pass a written examination.
[Alaska Administrative Code, Title 13, section 067.5 thru 067.100]
ARIZONA
Arizona has statewide registration of process servers in compliance with procedures set forth
by the Arizona Supreme Court. Applicants must be 21 and a bona fide resident for one year
immediately preceding application. Applicants must pass a written examination. No bonding
or insurance required.
[Arizona Rules of Civil Procedure, Rule 4(e)]
CALIFORNIA
Persons who serve more than 10 papers a year are required to be registered in the county in
which they operate. Registration is valid statewide. Applicants must be a resident for one
year immediately preceding filing. Each applicant is required to post a $2,000 bond or cash
deposit. No testing or education required. Licensed private investigators, although exempt
from the registration requirement, would probably not be empowered to serve bank levies and
similar documents without being registered in view of the statutory language requiring that a
registered process server serve those documents.
[California Business and Professions Code 22350 and 22353]
ILLINOIS
There is no statewide licensing law in Illinois; however, a person licensed in Illinois as a
private detective may serve original process in all counties except for Cook County
without special appointment. In order for PIs to serve in Cook County, the court upon motion
and in its discretion, may appoint a private detective agency as a special process
server in lieu of an individual. It is not necessary that service be made only by a sheriff or PI.
Private persons over the age of 18, upon motion, may be appointed by the court to serve
original process.
[Illinois Compiled Statutes 5/2-202]
MONTANA
Any person who makes more than 10 services of process in any 1 calendar year must be
registered. The registration certificate also empowers the process server to act as a levying
officer and requires process servers to have a surety bond of $10,000 per individual or
$100,000 per firm. Process servers cannot levy on an amount in excess of their bond.
Applicants must pass a written examination based on the Handbook for Process Servers,
which is published by the Montana Department of Commerce.
[Montana Code Annotated 25-1-1101 and 25-1-1111]
NEVADA
All persons who engage in business as a process server must be licensed. Applicants must be
21 or over, have 2 years experience as a process server, and have insurance for protection
against liability to third persons with limits of not less than $200,000. No bonding is required.
Applicants must deposit $750 at time of application to pay for a background investigation,
the cost of which must be paid for by applicant up to a maximum of $1500. Applicants must
pass a written application and may be required to pass an oral examination. Licenses are
issued by the Nevada Private Investigators Licensing Board. The most expensive state in
the nation in which to get licensed.
[Nevada Revised Statutes 648.110 and 648.135]
OKLAHOMA
Process servers are required to be licensed, and all licensees must execute a bond running
to the State of Oklahoma in the amount of $5,000 for faithful performance of his or her
duties... Applicants may pay a fee of $35 and be licensed to serve process in the county in
which the license is issued, or applicant may pay a fee of $150 and be licensed statewide. The
license states that process servers are officers of the court only for the service of process. No
testing or education required.
[Oklahoma Statutes Annotated 12-158.1]
TEXAS
Effective July 1, 2005, the Texas Supreme Court adopted changes to Rules 103 and 536(a) of
the Texas Rules of Civil Procedure (TRCP) which pertain to the statewide Certification of
process servers. Go to the Texas Supreme Courts website at
www.courts.state.tx.us/psrb/psrbhome.asp for a full explanation of the new rules and the
procedure for becoming certified in all Texas courts.
WASHINGTON
A person who serves legal process for a fee in the State of Washington is required to register
with the auditor of the county in which the process server resides or operates his or her
principal place of business and pay a $10 fee. No testing and no requirement for insurance or
bonding. Easiest and most inexpensive state in which to get a license.
[Revised Code of Washington 18.180.010]
STATES WITH LOCAL LICENSING LAWS
FLORIDA
Sheriffs in certain counties (currently about seven) will appoint individuals as a special
process server. Applicants must be at least 18, be a permanent resident of the state, submit to
an examination and execute a $5,000 bond.
[Florida Statutes 48.021]
The chief judge of each judicial circuit is empowered to certify process servers to serve
process, and currently judges in approximately 30 counties grant such certifications. The
requirements for becoming certified are essentially the same as the requirements for being
appointed a special process server by the sheriff.
[Florida Statutes 48.27 48.29]
MISSOURI
City of St. Louis (22nd Judicial District) (pop. 400,000) requires that all persons who want
to become process servers must take and pass a training course (5 nights of classroom
instruction with written examination) administered by the Sheriff of the City of St. Louis.
Applicants must be 21 years of age, have a high school diploma or GED and no criminal
record. All process servers are required to have E&O coverage with limits of at least
$100,000.
NEW YORK
City of New York (pop. 8 million) requires all persons who serve process within its 5
boroughs (Manhattan, Brooklyn, Bronx, Staten Island, Queens) to be licensed through the
NYC Department of Consumer Affairs. There is no requirement for insurance or bonding and
no educational requirement or testing.
[Rules of the City of New York, subchapter W, 2.231, et seq and 20-403, et seq.]
| Home | I nsi de NAPPS | Member shi p | Onl i ne St or e | For ms | Cont ac t Us |
Copyright 1999 National Association of Professional Process Servers
-
WFULDETAlNER FOR FAILURE TO VACATE
, QTICE OF UNLA PREMISES
& I or any others
To: ..lACH COUGHLIN
\680 SKY MO\JJ'!TAIND DR GARAGE # 29
RENO. NY 89523 .
. f T 10 vacate and continuing in possession of the premISeS
Pursuant to NRS 40.25 1 t you are guilty of unlawful detamerfor almg
located as listed above after having:
I. Received a 7 day notice to vacale as a week tenant.
2. Receive .QSe.'"n t 0
----1L- 3. Received 5 day notice of possible unlawful detainer for failure to compl
4. Remaine in possession of the premises subject to the provisions ofCba
ofthc ten fa week to week It:nancJ.. und or" .7day notice to vacat
5. RCl1laine in possession of the prerfl.ises subjec.t 10 tfit(provisions of eha
other lha week to week and allef receip( o . a1l0day no cause notice 10 v
----L. 6. Remainc in possession of the the proviSions ofChll
perfonn e basic or contracluiil oblignlionS'i-mpoled updn y})U by thaI C
, SE An' liED
You must immedia
If your tenancy is of the
disability, you mny submi t
submitted with your request
To conlest this noti
fil ed, not laler than .5 PM on th
Nevada. You must pay a filing fi
U.
Y
, ..... V' \
'ith tne relltal agreement.
li SA of the NRS after the expiration
l ISA of the NRS which were rented
teo
lI SA ohll e NRS after having failed to
ter, namely. '
ill be subje<:t to court ordered eviction.
der aneVor have 8 physical or mental
your age aneVor disability must be
le affidovit may be obtained and must be
Court 630 Greenbrae Dr. Sparks,
ennifer Chandler
NE DA COURT SERVI CES
AGENT nih NORT nVIJ\'U PARThlENTS
LANDLO OR DUL YAUTHORIZED AGENT
-16 0 1\ OU T IN DR. RE 0 rv 89523
DATE: JUNE 14. 2012
PHONE: 7757479200 ADDRESS
DECLARA'fION OF SERVIC
On it / '1/1'+ J personally SC(\' ed L the p",y(s) "'me r' a". 'ed 'd b
Co
,
persall II an su stitutcd service. I could
not tenant at . s/hcr r esidence there rore, I posted rented p ny t the Ilddress above b .tlachi' n '
I.he nUlln enlra nce III an atlenlpt to serve any person residing t.h erd.n and l1Iai II S OIC to th r t y ng the otlCe: I
penalty or perjury under (he hlw or I.he: State of Nevadu Ih.DI tbe notice was pro d o" 'he d' ",.<" da.,dr''' h s. I
a an n e manner 151= above
Tenant ' s Signature
Copyrighl0 2012AIl Rights Rutrvtd
Nevada Coun 'rvices
Li cense No. 828
475 S. Arlington Suile I A
Reno, Nevada 89501
775 3487.560
I Time: fJ, .5i AMa I
NOTI CE OF UNLA . FUL DETAI NER FOR FA:, URE TO VACATE
PREMI SES
To: ZACH COUGHLI N tenant & I or any others
1680 SKY MOUNTA1ND DR GARAGE # 29
RENO, NV 89523
Pu rsuant to NRS 40.251. you are guilty of unlawful dCloincrfor faitin!,; [0 vacate Dnd continuing III possession of the premises
located as li sted above aficr having:
__ I. Reccl\'cd a 7 day nOlice to vacate as a week lenanl .
_ _ 2. Received a 30 day no cnuse nOlice 10 vacate as a momh to month lenanl.
3 ReCc1\'cd a 5 day notice of possible unlawful detamer for t:,ilure 10 comply wi lh the rct1l111 agreement .
_ _ 4. Remained in possession of the premises subj ccllo the provisions of ChapICf liSA orthe NRS after the expiration
or lhe teTm ora week to week tenancy and receipt of a 7day nOlice to vacalc.
__ 5. Remallled in possession of the premises subjccllo the provisions of Chaplcr liSA of the NRS "hich wen: renced
olher than wcck 10 week and after receipt of a J Odny no cause notice 10 vacate.
_ X_ 6. Remained in possession of the premises subjccllO the provisions ofChaplf:r liSA of the NRS after having failed to
perfonn the basic or COIIITnclUal obli gat ions imposed upon you by that Chapter. namel y.
(SEE ATTACHED)
YOII musttmrnedl,uel y vacate the premises described above If you fail to do so yOIl Will be subject to court ordered eviction.
If ) our tcnancy is of lhe type described in paragraph 5 above. and you are 60 years of age or older andlor have a physical or menIal
di sabilit y, you may submit a 'Hillen rcqucsllO the premiscs for an additional 30 days. Proof of your nge and/or disabilit y II1I1St be
submiued with your request
To contest this notice you IllUSt imlllcdiately file all aflidavi t and request n hearing. The aflidavil may be obtained and
filed, not later than 5 PM on Ihc fifih j udicinl day, wilh n copy oflhis Norice. 31 Sparks Justi ce Courtyq GrnbraC Dr. Sparks,
Nevada, You must pay a filing fcc nt the time you requesl lhe hearing, l
NEVA()A couln SERVI CES
DATE: JUNE 14,2012 AGENT fOR NQRTHWINn AI'ART1\' I ENTS
PHONE: 775- 7479200
LANDLORD OR DULY-AUTHORIZED AGENT
1680 SKY MOUNTAIN nR,. RENO, NV H952J
ADDRESS
DECLARATION OF SERVI CE BY LI CENSED PROCESS SERVER
On W
1
V//:.1- I ptrsonll ll)' served )/ the pa rl )(,) I1llliH.'d: or I nUl.' rnpl cd persolla l And 5ubsli tut l' d , cn kl.'. I could
nol rind tennnt :1I hi slhl' r rrsidl.' ncl.' _ _ the renltd propert y al the address :lbo\'e by Attaching Ihe no li ce to
the m:ti ll entrunce in:t ll a tt empt 10 se n 't nny person rrsiding therei n a nd ma ili ng sa Ul e 10 the lisled address. I declare 1I"der
p .... nt,hy or pe rjury under the law oflhe Sta te of Ne\'ada Iha t Ihe nOl ke \\35 pro\ ided on Ihe dllte :md in th l.' nmnner li s led :Ibo\'e,
renant 'S Signature

Nevada Court Services
License No S28
475 S Arl ington SUite I A
Reno, Ncvadn 89501
775-]-1S-7560
J
o. JOJr -P. 12---
Q-tll-H l( I QQpa p. 6 of 10
" ' JUN. 18. 10 1" :
. .
NOTICE OF UNLAWFUL DETAINER FOR F AlLURE TO VACATE
PREMISES
'fa: 'tACH COUGHLIN . ' ',. " t' lUuJ.n( & I Or'al\y
I GSQ SKY MQUNTAlliD DR GARAGE # 29
. . '
. RENQ. NV 82S2J
P1lrsfiM.t 10 f",IRS -10.25 t. you 11ft guilty of unll'lwfu\ del<1iner for (tilling io' Ylla.rc ani! continuinl,t ' 11 Os,!iesjlon of Ole premise!
IOhf"td &S liitoo t\bove after h<Jying:
..... .
..... "
31 day nbllct'Io as a "V.k
2.. 30 day DO ca\lSIf11oIicc. ut,\lIlr;aw an. month' tO' I)foath tetuitit: ' .
-----X-). RecelvwJ, 5 dry nollet' ofpcmible unlol. .... fu l dwincr for f1iilll(e 10 comptj,wiib lhcTetl-m) 3'gI'tl:' lhCriF.
_ 4. Rt-malned.!n possession of the subject to the provisions } \ 8A ofiM NRS after the 6:pii3'fion
of the temi ofa wcd: 10 wed; tenMt), anti receipt ora 7(11)' notice to
_ _ 5. Remained in possesslon ofU\e subjecT to the orCh.ptel' 1 t SA .b( the NRS which Wt:re-n:nted
ot her thllY week lu week Md ftf\'=r receipt of' JOdny no cause notice to yacate.
-X... 6_ Remll.inecfin posseulon of the to Ihe provisioos of Ola;nEt IlIA a! the NRS .flel'" havln!,-tailetf tJi
pnfcnn tbe imposed upoo you by that ChaPccr; nflfncly_
fSE i\.ITAClIEDJ
,
_ you niust immcdi.telyvaC3ce Ihe ill'tRl lsu described .bov", If yOU fa.il to do sO to cOurt ordend Dviction_
If )IbtJr ttrnmcy Is of Ihc type in pilng,raph 5 above, lind you 40ft 60 years of !l8C: or 6kk:r and/or hlfY't physical or ment:ll
-diJRblJ ity. you may ;sublllit II )llTi11et) requcst to the premises for:m additio"al30 days . Proof oTyoUJ ege and/or diS:lbjl ilY muSt be'
$ubmirred ' vhli yOllrrequC:S1 !" -
To "CONCSt thiJ nDlke you mUtt" immediately file an a.ffidaVlt and ret)ue$1 a he.r'in!. nr-e .mdallil may be. obtau,w aotf muii be
filea . not lhan S PM on fiJihjudici.J dDy. With I. copy o(thiJ Not ice, 1\1 Spa.tkJ JUSriCt::eoWT 6]0 Greenbrae Dr_ Sp:uki.
l'Jc\":!dn. YOI.l must pay.3 filin& fc:e"'liIlhe time you requClt I.he h"ea:ring ;' J If Ch dl
.' ::.: enn er an or
. DAtE': Jima la. 2Q)2
.'
.NEVADA COURT SERVICES
-;"CtNr Qjl .NORTllWlND APARTM Em
DULYAlfT1WRIZEO AGENT
I6BO SKI MOUNTi\ IN Ob RENQ. NY 89523
;{ ADDRESS
" "

DECLARATION OF SERVlCE'B-. PROCESS ,
.1. :./.
s .. .. ..
I
"- .. . ".,
On (,/1'1' 1 II !. . ... , .
. y SC-rYt.d tht parfy(S) nluJ,ed; o.r I pclrsotJlI l.;lt)d .ubstitu."fW h n'l i c.."1 eQuid
not fi nd tenant 1ft l1i.tJbor rtsull! ner therClru("e. I poslcll the prODt'-' the :add b . h
the _ I " - . , ren: a o,.c y tl.Uk mg t he "lIllce t o,
In:.m en r!lDee I\:\n IIttemp t o serve lII u1 IJt:rson ttskJi1l2 Ilwrti n and J)J J ilIoO" rnt to the I' t d dd I I I
D I f r ' !t . .. I r b , . 1.5 e a ron.. . I ec are undrr
pe a yo perjury un....,r h .e AW 0 I t . of l"Ieyada lila! Ute nolkc WII.$ provided on "\e tbu latl l. I
_ 101l0ner "ltd aboye.
,{_' 11 R. Wr y
. A

-01./ tf' .
. Ntyadll Coun
lictn$e. No. 828
I,,,
. ..
"7S S. Atlintl on Suite 1 A
Reno, Nclt'Oldlt 89501
775.3417.560
AM / PM
,

Th'
GARAGE I CARPORT RENTAL AGREEMENT
COMPLEX NAME: orthwind Apartments
TENANT NAME: Zach Coughlin
ADDRESS: P.O. Box 3961, Reno, NV 89505
____ lach Coughli n' ____ ____ (herein called RenIer) has on this _ 4th __ day
Of _ M'YI __ _
20 12 emered into the following agreement with _ _ Nonhwind, ___ _ ____
(Herein called Rentor) for the use of Garage or Carport Unit No _29 located at
_____ 1680 Sky Mountain Dr. in the Cify of
__ Reno' _ ____ _
SUO" of ___ Nevada, 89523, _____ _
B-
lNTL'S
INTL'S
fNTL'S
lNTL'S
INTVS
INTL' S
(/
Renter 10 u,:,e r'Cll:Ionable In th .. c ...... IU'Id pn:!icction Unit, and mai nl";n
said unit in a clean and sanitary condition and free from any nuisance or rubbish. RenIer has thoroughly
examined the condition of the premises and by t:1king possession Ihcreofllcknowledge.! that he has
received same in clean condition and in good repai r.
Gamge to be used for parking of con only unless approved by management. Renter shall not
make any altenl.tions or improvements 10 said unit without prior ""Tilten consent of the Rentor. Do not
store any chemicals or flammable or iIIeg.al materials in your unit. No business of any type will be
allowed from garage.
Renier agrees to comply with and conform to all reasonable rules and regulations herei n SCI forth
or posted on the premi.ses, and nOI commit or pennil anything to be done thAt will disturb or int erfere with
the rights, comforts or convenience ofomer lenants. For security and safety reason garage dOOl'1 must be
kepi closed and locked at all times. Failure to abide will be grounds for eviction.
When vaCRling, the unit should be retwncd to its original condition, less normal wear IlIld lear.
Cleaning is never normal wear and tear. Written thirty (30) days notice 10 vacate i.s required or Renier will
be responsible for the next month rent.
RenIer will be responsible for any theft or damage to property stored in unit. RenIer should Cllrry
proper insurance to cover an damaged to thei r own property Wld those of the Rentors.
Garn.ge is to be closed and locked at all times for security and safety reasons.
in lou of garnge pri vi lege.
[ N

[renant) ate)
Failure 10 comply will result
RENT IN THE AMOUNT OF S75.00_ IS DUE NO LATER THAN THE 1
ST
AND IS LATE AFTER
THE STll OF EVERY fI,10N"nI. A LATE FEE OF S15.00 WLLL BE ASSESSED ON THE 6
Tl1
PLUS 51.00 PER
DA Y TILL PAID fN FULL.
Vacated Gnrage ___ ,,=:;-___ _
(Date)
"lOVE OUT
Tenant ______
(Name)
IN Til E J
rJ
STICE CO RT OF RENO. TOWNSHIP IN AND FOR
'OUNTY OF WASII OE. STATE OF NI DA
NQRTUWIND APARTMENTS
Landl ord
1680 SKY MOUNTAI N DR. RENO. NY
Address
v,
FI _1="0
895ll CASE NO.
It JUN 27 Ali 9: SO DEPT. NO:

U CH COUGULlN
il I L:lluJlHnJ for Breach
I enanl
l68Q SKI MOUNTAIN DR. GARAGE' 29
Address RENO. NY 89523
STATEOFNEVADA )
)
COUNTY OF WASIIOE )
.. J
PLEASE CALL NEVADA COURT
SERVI CES FOR LOCKO T 348 7560
The undersigned pec it iona. being fi rst duly sworn. dCl>oses and says :
I. rhal )our affi:lllt is the landlord of cert ai n dwellings or npa rllllcnts \\ ithin Ihe j urisdict iona l
confines of Reno Township. Washoc County. Ncvad::l .
2. ThaI )our affiant rented a certain dwelling or apart ment to ZAeH COUGHLIN
located at 1680 SKY MQUNTA.[N DR. GARAGE' 29 for an original period
tenni nali ng on or transferri ng to a periodic tenancy on that date. A copy of lhe wrillen rentnl agreement. if
lUI). is a!lnched hereto.
J ThaI the above-named tenant(s) has/ have not complied \\ ilh the condition(s) or covcnall t(s) of Ihe
rental agrcemcllt(s) or with the obligati ons of the tellant ; IS enulllenHed in Ncvada Revised StauHcs, Chapter
1! 8A.asof 6/ 5/1 2 , asset forth bclow:
SEE A1T AC II ED NOTI C ES
4. ThaI the terminal ion and surrender of the premises was to have taken place on or before
6/1 3/1 2 . That legal Noti ce has been served on the tcnlll1t(s) in accorda ncc with the provisions of NRS.
Chapter 40.280 as IIlllcndcd on 6/14/12
5. That compliance wi th the breached covenant(s) and condition(s) have nOI taken place or C:lnnol
be asccrtnincd and that termi nation and surrende r of the premises has /lot taken place and the Icnant(s)
I.:onl inuc in possess ion of the premises unlawfully.
6. That Ihe attached rentnl agreement and accompall) i n!; rules \\cre isslled to the lenant( s) as
prescribed by Chapter liSA. and that no changes ha ... e been made to ei ther document except by compliance
\\ ith Chapler 11 8t\ .
SUBSCRIBED and SWORN to before llIe
this26t h dayof JUNE .201 2
CEOOWtO
NCl ary PI/tile State of ... Ida

AEV101t - OOIO' S
A"
A"d .. 1t o. !of
18111
PlIV"'llII 01 R
i 1111111111111 111111 11111111
\
I.andlord
FI t. _
12 JUl 3 I All 10: I 2
IN THE JUSTICE COURT RENO TOWNSHlP sr "'I " r
C C JTTl E
WASHOECOU TY,STATEOFNEVADA n
BY 'I
'J 'finu Ui4
Summary Eviction
Northwind Apartment's Date: Jul y3 1,2012
Time: 8:30 AM
v.
Zaeh Coughlin
. Court finds the eviction was appropriate.
Motion to Stay Eviction Order
l
Denied.
MOlion 10 ct Aside Eviction Order, Denied.
Motion to Contest Personal Property Lien, Denied.
Motion on Illegal Lock-out, Denied.
Case Number: REV20 12-00 I 048
Department 4
Tenant to have all his property removed from Uni ts #29 and #71 by 5:00 p.m. on August
15, 20 12.
Ilcarro Scott
__ tce of tho Peace
IN THE JUSTICE COURT OF RENO TOWNSHI P
COUNTY OF WASHOE, STATE OF NEVADA
NORTHWIND APARTME TS
Landlord,
Case o. REV 2012-00 I 048
Vs. Dept. I O. 4
ZACH COUGHLIN
Tenant,
NOTICE OF HEARING
TO: Landlord and Tenant above- named:
You and each of you will take noti ce that a heari ng has been set in the above-
capt ioned case on the 31 sl day of J'ULY, 2012, at the hourof 8:15 a.m. You may
appear on that date to show cause why the Court should or should not grant a
Mot ion to Stay the eviction order and the Motion for Expedited Relief Foll owing
Illegal Lockout or Utility Shut-ofr. If you appear you must be prepared to provide
testimonial and documentary evidence to the COLIrt which supports your position.
If you fail to appear, the Court may grant an eviction by default or may di smi ss the
casco
DATED_July 24,2012
R{V201l - 0010U
NO"
Hollel 01 Hewing FII,d
321815
\
By SCOTT PEARSON,
Jus tice of lhe Peace
CERTIFICATE OF MAILING
This certifies that Karen Stancil. an employee of Reno Justi ce Court, has mailed the
attached document to the indi viduaJ(s) and/or company li sted below through Washoe
County's mailing system on July 24,2012.
Mr. Zlilch Coughlin
P.O. BolC 3961
Re no NV 89505
And notified pe r lelepho ne \'oicc miliJ al :
(TIS) 333-8118
And Faxed at:
(775) 949-6677402
-40
9I.(Ci -b., 7 - 7t,fO;J

DATE ? /J.ffja
TENANT
TAKE NOTICE
/
YOU THE TENANT/S HAVE BEE LOCK 1) OUT AS ORDERED BY THE COURT UNDER
CASE UMBER t" V :;, 'O/p" D . ACCES TO THIS PROPERTY HAS BEEN
RETURNED TO THE LANDLORD.
YOU ARE HEREBY NOTIFIED nMT YOU MUST MAKE ARRANGEMENTS WITH THE
LANDLORD WITHI 30 DAYS FROM TI-IE ABOVE DATE TO CLAlM ANY AND ALL
PERSONAL PROPERTY LEFT BEHIND. FAI LURE TO DO SO MAY RESULT Ii THE
LANDLORD DISPOSING or SAlD PROPERTY.
THE LANDLORD MAY AT THEIR DI SCRETION UNDER NRSI 18A.460, INVENTORY AND
STORE YOUR PROPERTY AT A LOCATION OTHER THAN AT THJ S PROPERTY. YOU
MA Y BE CHARGED ALL REASONABLE AND ACTUAL COSTS I CURRED IN THE
MOVI G AND STORAGE OF YOUR PROPERTY.
TIME I OF THE ESSENCE, YOU MUST MAKE CONTACT WITH THE LANDLORD ON OR
BEf ORE THE ALLOTTED TIME E)'1' IRES.
IF YOU HA VE ANY QUESTIO S REGARDING YOUR RIGHTS, YOU MA Y CONTACT THE
COURT FOR FURTHER INFORMATION.
BE ADVISED ...... You and each of you have been formally thi s
property under NRS 207.200. This means to you that you mayNQl' come back onto
this property without fhe permission of 'the Manager/Owner. Should you
attempt to re-enter thj s property withoutthe express permission ot the manager, you
will be subjec\ to arrest under the trespass Jaws of the Stllte of Nevada.
So Served: ....:..:: IZ- ::c.t/ ::.::... ___ _
NEVADA COURT SERVlCES
775-348- 7560
LANDLORD REPRESENTATIVE
Fi el d Agent
TenanITakeNolicc ..... pd
I
' NOTICE OF UNLAWFUL DETAINER FOR FAILURE TO VACATE
PREMISES
I
To: ZACH CQUGHLTN tenant & I or any othe rs
1680 SKY MOUNTAIN DR .. GARAGE #29
RENO NY 89512 AlVlENDED
Pursuant to NRS 40 251, you arc gui lty of unlawful detalnu for failing 10 vacate and continuing in possession of the pn:mlscs
__ I . Received a 7 day nOlice to vacute as a week tenant.
__ 2. Received a )O day no enus' nOlice to vacate as a month to month tenant.
J. Recei ved! :JY'" Ie 0 i61e UiilaWfiiFdetiimer fORailurt 0 campI with the rental agreemen!.
__ 4. Remained In possession orlhe premises subject to the provisions ofehapl l iSA of the NRS aficr the expi ration
of the term of a week: to week tenancy and receipt ofa 7day not ice to
5. Remai ne in possession of the premises subjecll() the provisions of Chapter 118A of the NRS which were rented
other than week 10 week and after receipt of a 30day no cause notice to vacate.
6. Rernaim:d in possession ofthc premises subjecl 10 the provisions 118A of lhe NRS after having fai led to
pcrfonn Jte basic or contractual obligat ions imposed upon you by that Chnp(cr. namely.
(SEE ATIACHED)
You must Iy vacate the premises described above. If yo II fail to do so you will be subject 10 court ordered eviction.
If ) our tenancy is of the type described in parngrnph 5 above, and you are 60 years of age or older and/or have a physical or mental
diSllbility. you may submit a request to the premises for an additional 30 days. Proof 0 your age and/or disability must be
submined wit h your \.
To contest this notice must immediately file an affidavit and request a hearing. e affidavit may be obtained and must be
filed, 'lot laler than 5 PM on the fifth judicial day, with a copy ofthis!"OIice. at Reno Justi ce dourt , located at I S. Sierra Street ,
Newlda. You must pay a fi ling fi at the time you request the heari ng.
NEV
I DATE: June 28,2012 AGENT FOR NORTlIWIND APARTMENTS
LANDLORD OR DULV-AUTHORIZED AGENT
)680 SKY MOUNTAI N DR . RENO. NV 89523
v"... "0 r'" S3lVEO
00 Iht ciil"o on the nc:X:a
PUONE:.115-741 9200
YoomayAPPlY fctt/ll OUTon 7-/lp -I.:J.
ADDRESS
DECLARA nON OF SERVI CE B LICENSED CESS SERVER
0 0 /p, - ::(l-/<l I personall y served __ the pl1rty(s) I llt1empted penon;11 a nd s ubs tituted servi ce.
I cou ld not find te n:IRI a l bi.!lher r eside nce the r e fo r e, I pos ted k: . t e e nle d prope rty at the a ddress lIbove by
the nolice to the mai n entrnnc e in :In attempt t o serve IIny perso t-csiding therein and mai ling same to the
lis ted address. I declare uncl er penalty of perjury unde r the la w of the St a te o f Neva da tha t the not ice wa.s provided
on the d ille li nd i n the m:wne ,. lis ted a bove.
.,
Tenant' s Signature
CopyrlqhtCI20 12 ALL RICHTS R&SRYaO
J.C'*der
Nevada Court ServiceP
License No. 828
475 S. Arl ington Suile IA
Reno. Nevada 89501
1753" 8-1560
To: 4b;l;596J9 c27b- 4b42-ged8- c{ 4e)de
ftOll : Hchcoughlln 8- 21- 12 p. 2 of 21
1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
Document Code:
Zach Coughl in
PO BOX 3961
RENO NY. 89505
Tele: 7753388 11 8
Fax: 9496677402
PRO SE LITIGANT
PLEASE NOTE ADDRESS CHANGE
DFUTY
IN THE REi ' 0 JUSllCE COURT OF 11IE STATE OF NEVADA
IN AND FOR nlE COUNTY OF WASHOE
. ACH COUGHLIN.
Orthwind Apartments, Nevada CQurt
etc.
)
)
)
) Case No : RJ C REV 2012 - 0001 048
)
) Dept No : 01 Judge Lynch
)
)
)
)
)
16 __________________________ __
18
19
20
21
22
23
25
26
8
NRC!' 60b4 Motion t o Set Aside E,fkllon Order aDd Motion to Contesl PeDon"1 Property Lien
COMES NOW. TENA! T. ZACH COUGHLIN, hereby moves this Court Answer which 10
set as ide any eviction Order based upon its being void for lack of jurisdi cti on to the extent Ncvnda
Court Services had engaged in Ihe unauthorized practice of law on behalf of a megalitlli c property
company name ACG-APMl.collllhat operates here in Reno as I orthwind Apartments and succeeded
in gelling an attorney tenanl arrested and placed in jail for 20 days based lIpoll lies and abuse of'
process, and malicious prosecution
LAW
40.400 !ll.:lk(."S NRCP applicable 10 landl ord Io:nanl matters, not JCRCP .
. , ,.
IUV20U - 0010U
MOl
/III OIOR FII .cI
lI1l 4
"
;:-//..
lUII .4{J, ' D

IN THE RENO TOWNSHIP J USTI CE COURT OFTHE STA,fIi.l}E Nl"V. ,y.
IN AND FOR TIl E COUNTY OF WASIIOS:y 1;0 JJ;< fl/r
TICE: riE:
DE:p COl/HI
Nonhwind Apartmcnls (1\11 FIle \,Iumhcr' 12007405 ur
r
'W
PLAINTIFF CASE No. REV201200I()4lj
v<
Za!;h Coughlin
DEFENDANT
AFFIDAVIT OF SERVICE
STAT[OF NEVAI)A
COUNTY OF WASHOt:
Joh n M.rhtn, beIng lirsa: duly .... ()rn. deposes and "lI)"' ThaI amam II cluzen of,hc Umtl,j SI1I11:S, O\cr
18 )\:lIrs of age. mil: II pan)' 10 Ihe wlthm cnlcred find lrutl In Ihc roomy of Washoe, SHUl' of i\C\1Wa, personally
"Crvcd the dcscnbt.-d documl'nlS UfXlI'l
l'OSll-d I.lIch Coughlin
Lo.:<lIion. 1680 Sky Mounlain On \'C Garn8'= ,,2CJ Ikon, NV R952J
DJle 0121112012 Time: 10 45 AI-.-I
The documcnl ls) '>t.-n. :d "cre EVICTION ORDER
MI CII ,\EL Il AU: \'. Sli ER'''' ''''
Ncv.!da Coun LLC
475 S Arlingwn A,'o;
' AI
Renn. NV R9501
SUUSCRIIJ EO M,'I) S\\ORN 10 me before me Ihis
AEY20U - 0010.'
lOS
Alft d" U ,,' S,rrlc. Fn. d
363U
I
911 l' Alm BOUI.f.VARD RENO. N\ ' M95 12- IOOO (775) 32H-JJ IO
\
To: froll : u chcoughll n 6-)0- 12 2:0S.. p. 1 0{ 6

JrJ/J
IN THE JUSTICE COURT OF __ S _PAR_K_S ______ TOWNSHIP
IN AND FOR THE COUNTY OF CfIl'3\Jf1'($jlv STATE OF NEVADA
Name:
Address:
Phone:
vs.
Name:
Address:
Phone:
NORTHWIND APTS
1688 C:<Y HOlRi'PAHi DRIVE
RENO NO 89523
775 747 9200 FAX 775 747 9202
Landlord/Plaintiff
ZACH COUGHLIN
PO !lOX :3'51
RENd , NV 89505
CASE NO: _____ _
DEPT. NO: _ ____ _
775 338 8118 FAX 94 9 667 7402
TenanUDefendant
SPECI AL AND LIMI TED APPEARANCE TO CONTEST JURISDICTION ONLY HOTION TO
DISMISS TENANTS AFFIDAVIT/DECLARATION
(Other than Nonpayment of Rent Private Housing)
THIS TENANT'S AFFIDAVIT IS FOR UNIT 29 AT 1680 SKY MOUNTAIN DR. RENO
The undersigned tenanl s lales thaI: 89523
1. I am a lenant of a certain rental uni t within --'- R::E::N:.: O'--_____ _
Township, @8TSOXCity WASHOE County. Nevada.
2. I rented the above unit from Ihe above named landlord on or about
EARLY TO MID with rent due monthly or for a shorte r period of
time.
Alfida..,tIOecli'lfflDon (Olher !han Nonpayment of
Renl. PrIvate HOUSIng)
1 of 6
Form .'6 02006 NevAd.'1 So.lpteme Coos!
R ...... ed AtJnI '4. 2006
PLEASE NOTE; THIS IS FILED FOR THE PURPOSE OF CONTESTING THE JURISDI CTI ON OF
HAVING THIS IN SPARKS JUSTICE COURT. UNDER STRI CT COMPLIANCE
Ln E NOTI CE REQUIREMENTS MUST ATTEND EVI CTI ON MATTERS, AND LnE NOTI CE
SPARKS JUSTI CE COURT AS THE FORUM . .. . TO THE EXTENT ANYTHING SUBSTANTIVE I S
IT IS DONE SO ONLY ro A DEFAULT, AN:> A LIMITE:> APPEJ\RANCC ro
,... ..... ..... .... ........... .... .. ..... .. ... --.. --......
11V. } V}} I. I}
I\1I.J'iJ Utccl
Fro:ll l n chcaughl ln
lZ : OOp:II p. 1 of 10
. .

NOTICE OF POSSffiLE UNLAWFUL DETAINER FOR
FAILURE TO COMPLY WITH RENTAL AGREEMENT
TO: ZACH COUGHLIN .. " .
168Q SKY MOUNTAIl':! DR., GARAGE 1129 . . ..
Jl.ENQ, NEVADA 89S23 . and all o"ther pehOIlS !i!Siding thoie
PUitsUANTlo NRS 40.25 161 NRS 1 18A.430. you will be guilty of an unlawful detniliefonRnd
oller
JUNE lJ. zUu <rt the above ta",d addrc", fotyout-fail ure to cO"'ply with yOut remal agree01""t In the
following manoef:
You!!Jld eachofyou iIt aememcnt byloi!lng lit cotDplf withilic (QUOWWg
seCtions Qfyou JClllie agrtemAA "Gange ( Cr.rport Rcnull Amemglt", Cbtraj:e is t9 bo wfcd for -parking cia
only wlless approved by IOanazemeat RQ1tcr shall not wake anv gltemtiolls or imgrovcwcots to the above
slljd unit. You and each of you hayc failed to abide bv your leMC asmted above. <SEE ATrACIDjD) DE
l\PYISED this kim! ofbehnyjo[ wiH not bo tolmted, You fWd Cl\ch of you nrc hereby dirtcted to 6urr
CVocate) or cOMPLy with your contmctugJ lle;reement within the next (5) Five Judicial day:- or an
will be , 0u&1" .... (",\ you, You are on!hb
DATE, Jirrie 0S,1Q12 ,., iWENUQRNORTBWIJ'ID AfARJMEffTS
... LANDLORD ORDULY-AUTHORlZED AGENT'
.l6KQ SKY MOUI'jIAlli DR. RENO. NV a9S23
PHONE, 775-747' 2 ADDRESS
DECLARATION OFSERVICE nv LICENSED PROCESS S.RV:ER
011 ' 1 pinl:)wi.nylu:irYcd _ the. partj(,) nA)b'ea'; 'or I liOernpfed ptlnoQIll aDd
. ub5tlhtt.cd J cO'1ld not Gnd to.u.ut at Ws/hor therefore, 1 posted ':'Y.... _ (be teated property
at tho addrM! aoo,",c by a ttnc.hing the uotke to. the mala entnnc:e in Iln aU .. .rupt a.ay pel'1loa.residiilg r'
therein aw:ae tD the Ibtal addl"t.s:I.l doclare unde-r pC'""ty o.fperjury undl" the illw oIfbe State of ' '!
NeVlld. tb:at tLo u"01i ce 1V.u providM on the date .Dd n tbe fJlAI)ncr luted

Court Scrvicc.5 .
. License No. 828
475 S. Arlington SUite lA
ReDo, NevlI.da 89501
775-348-7560
.. -
r
/
NOTICE OF UNLA UL DETAINER FOR FA URE TO VACATE
PREMISES (-:/ 1 .
. I '
'- I
To: ZACH COUGHLIN lOrtn;mt & I or anyothc"
1680 SKY MOUNTAIN DR., GARAGE #29 JUL 2]X' De t:>
RENO NY 895 12 S T'"
IIEI/O <I,
8..Y .. JU
Pursuant ( 0 NRS 40.251, you are guilty of unlawful delainer lOf-laiJing id continuing in possession of the premises
located as li sted above after having: "';/' / ,Iff -1///
I /"/-;-/Y/ICCer
_ _ I. Received a 7 day notice to vacate as a week IcnanL
__ 2. Receive day;:n0fC3use:nottce:t -yncare:-n!u"month ta.:monthnenan
_X_ 3. Received a 5 day nOl ice of possible Wl lawful detainer for failure to comply;wilh the rental agreement.
4. Rema ine in possession oflhc premises subject to the provisions of Chapter liSA Oflhc NRS after the expiration
oflhe Ie fa week. 10 wttk tenancy and receipt ofa 7day nOlice 10 vacal
in possession oflhe premises subject to the provisions of Chap I liSA of the NRS which were renl ed
week 10 week and after receipl of 3 30day no cause nOlice 10 vale.
_X __ 6. Remain in possession of the premises subject to the provisions ofChapt r II SA of lhe NRS after having failed 10
perfonn the basic or contractual obligations imposed upon you by that Cha ler, namely.
S E ITA HED
Vou must immcdia ely vaellie the premises described above. If you fail to do so you ill be subject to coun ordered eviction.
If your tenancy is of the type (lese ' bed in parngrnph 5 above, and,you are 60 years of age or older and/or have a physical or menta l
disability, you may submit a r 'u!;': n' equest to the premises for an additional 30 days. Proofo your age and/or disability must be
submitted with your request
To cont est this must immediately file an affidavi t and request a heari ng. The affidavit may be obtained and must be
filed, not later than 5 PM on (he:Jiflh judicial day, with a copwofthis Notice, a! Reno Justice ' oun, located lit I S. Sierra Street. Reno,
Nevadll. You must puya tiling fcc t . he time you request me hearing.
DATE: J\lne2S. 2012
PHONE: 7757479200
J. Ch!llld1er
NEY OA COURT SERVICES
AGENT FOR NORTJ.tW1ND PARTMENTS
LANDLORD R DUl V-AUTHORI ZED AGENT
16HO S 10 I N [)R. R .. : NO NY 89 23
ADDRESS
DECLARATION OF SER > CE BY Ll C.E.eb PROCESS SERVER
O n (p -.;J&' ''' R I rcrs l) nall y .. ervefl __ 'he !)arty(!) up-moo' or I at cr!'pt ed pcr.mnd :1:'1(1 sen' ice.
I could not find tculInt lit his/ ber r es idence therefore, I posted the rented property li t the address abon by
att:tc hing the notice to the main e ntra nce in an attempt to sen ' e a ny per.m therein a nd mailing sallie to (he
lis ted address. I declare under penalty of perjury under the law of the S l llle of Nevada tha t the nOl'ice WllS provitled
on the date and in the manner listed llbove.

Tenant 's Signature
REVlO12 - 001048
HOI
Na. u
32l0.
IUSr:RWO
J. Ch!il1d!er
If -0<"';/7 75
Nevada Court Services
No. 828
475 S. Arlington Suite I A
Reno, evadaS950 1
7753487560
OF UNLAWFUL FOR FAILURE TO VACATE
I PREMISES
To: ZACH COUGHLIN tenant & I or any others
1680 SKY MOUNTAIN DR,. GARAGE #29
RENONV89512 AMENDED
to NRS 40.251, you are guilty of unlawful detaine r for fai ling to vacate and conti nuing in possession oflhe premises
_ _ I . Received a 7 day nOlice to vacate as a week tenant.
__ 2. Recdved a)O day no cause notice to vacate as a month to month lenant.
3. Received [I 0 ce-of. os i6 cun iiWful'dern ncr fo ffiiffi to camp! with the rental agreement.
__ 4. Rcmaine in possession oflhe premises subject to the provisions of Chap I li SA oflhe NRS after the expiration
of the tenn of a week to week tenancy and receipt of a 7day notice 10 vacate
5. Remaine in possession oflhe premises subject to the provisions ofChaplCT li SA oflhe NRS which were rented
other thn week to week and after receipt or a 30day no cause not ice to va atc.
6. Remain in possession orthe premises subject to the provisions or Chap!fr 118A orthe NRS after having rai led to "
perrorm e basic or contractual obligations imposed upon you by that Chapter. name ly.
SE . ATTA m:o
, 4
You must immediate ly vacate the premises described above. Ir you fili i to do so you Wi ll be subj ect to coun ordered eviction.
I r your tenancy is or the I)*scribed in paragraph 5 above, and you are 60 years or age or 0 der andfor have a physical or mental
disabilit y. yOIl may submit a I request to the premises ror an addi tional 30 days. Proor 0 your age andfor di sabil ity must be
submi ned with your n:questi! 'I,
To contest this notiC}: you must immediately file no affidavit and n:quest a hearing. e affidavit may be obtained and must be
filed, 'lot later than 5 PM on the fifth judicial day, with a copy of thi s Notice, at Reno Justice nun, located at I S. Sie.rra Street, Reno,
Nevada. YOII must pay a fil ing fE; t the time you requcsllhe hearing.
DATE: June 2B. 20 12

on \he ctt i::'.Jd on the nc:ke
NEV
AGENT fOR NORTHWIND APARTMENTS
LANDLORD R DU.LY-AUTHORl ZED AGENT
16 M I N DR. RENO VB!) 23
PHONE: 715- 747-9200
You may APPLY ""' l OOTon
ADDRESS
DECLARATION OF SERVICE B LI CENSED> CESS SERVER
On lSI - ;til -fa I served __ the P:lrty(S) I nttempted personal and s ubs tit uted service.
I could not find tenant a t his/her residence ther erore, I post ed k: t e prollerty at the llddre.u above by
attaching t.he not ice to the main e nt ra nce in an attempt 10 serve any penon.-r esiding the rein and m!lilingsame to the
lis ted address. I declare under pennlty of perjury under the I:lw o rthe Stale o r Nevada thai the notice was provided
o n Ihe d:lt e llnd in the manner lis ted above.
.,
Tenant's Signature
ALL RICHTS RESERVED
J.CI*der
Nevada Coun Servicei'
License No. B2B
475 S. Arlington Suite IA
Reno, Nevada 8950 I
775348-7560
[ Ti me: I ;loW AM I&l, 1
lNTHEJU ICE COURT OF RE TOWNSHIP
COUNTY OF WASHOE, STATE OF NEVADA
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STEV: ';.,'0 I I
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SET ASIDE
Vs.
EVICTION ORDER
Tenant.
Comes now, 2...n c"'- ,Tenant above-named and hereby moves the Court 10 set aside the c:vict ion
order erll crcd herein on the t {J\I\ day of '0 v ::..1( ,20 \ vz. . This Molion is made and
-
based on the pleadings on file herein. Additionall y. the following grounds exi st for grant ing the Moti on:
I. Thai I was neve r served wi th the nOlice of eviction.
2. K
Thai 1 failed to appear and \h31
1
fai ,urc was caused by mistake. or cr cusablc neglect in Ihat
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'X- Thi s MOlion is made I good fait h and nOI for purposes pf de tly. o-r- Ctz 1 1'- o r er.
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r TIle Court has reviewed lC foregomg Motion and. good cause nppear1ll g: II IS hereby 1.. .
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rhe Clerk of the Court SCI a hearing on the Moti on on the next judicial day and di rect the purti es 10 ,
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appear.
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The Motion is denied.
JUS liCE OF filE !' FACE
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Case Filing
Y &
^SS0SSm0B! 0QuI!
I
Filed Name
COUGHLIN, ZACHARY BARKR
Arrest
Booked Name Arresting Agency Booking Number
COUGHLIN, ZACH WASHOE COUNTY SHERIFFS OFFICE 12-10341
Case Number NOC Type Description Counts Court
WC12-4498 52312 M FASE STMT TO/OBSTRUCT PUB OFF J RJC
Defendant Information
Sex Race Birhdate Age Height Weight Number
M WHITE 09/27/1976 35 6 ' 04
11
220 On File
Address Residence
Born
Arrest Date
06/28/2012
Bail AmtlType
1,000 B
1680 SKY MOUNTAIN DR. GARAGE
County: 04 Yr 00 Mo
BELLVIEW, WA,
B1O 1' LTTO GTJTG
Te|ephone Time at Current Address Primary language
(775)
- ENGLISH
Lives With Relationship
|L Number Type
Marital Status How Long Military Service Discharge
SINGLE NONE
Employment/Support Status Employer How Long
Unknown
Occupation Employer Telephone
Defendant Justice Identifier Codes/Criminal History
FBI Number SID Number
Pr|eS\S Vilent Fels Felonies Violent Misd Misdemeanors MMSD Trafic DUI
Comments
UNSUCCESSFLL, HIT LIST WITH L. PITT - 11/11, USUCCESSFUL MC - 05/12.
THE DEFNDAT WAS TAN TO HOUSING PRIOR TO INTERVIEW. DUE TO HIS RPEATED
NON-COMLIANCE WITH COURT MTTERS, HE WAS NOT CONSIDERED FOR O/R.
Assessment Status
DIU6D\ DD. UUU1U1CU
Assessment
MISD I
Expiration Date
Pending
Initials
TBRADSHA
B_6
0DB\OD O DO!@0DC 0@
Client: COUGHLIN, ZACHI.Y CP.:L:
Case#:
\'1C12-4498
IdenIlcaIOn
Cour:
RENO JUSTICE COURT
Charge(s):
FI.LSE STt1T TO/oaSTR PUB OFF
Address:
}LO U:' I\tT L:. L L: :cIL N
Occupation and Employer:
Fnanca/lnlOrmaIOn
Asset
Expense
Income
Liability
SUMHARY:
U iKNm'IN
UNKNOt-lN
UNKNO\'iN
U KNO'N
.SSETS:
LIABILITIES:
NET NORTH:
DeIermnaIOn: NO DETER1IN!.TION HADE
HecOmmendaIOn
Length:
INCOME:
EXPENSES:
CASH FLO\:
g ! 0!
SSN:On File
DOB: 09/27/1976
Phone:
775
The above constitutes my recommendation to the court. I have explained my recommendation to the party.
Screening AgentlWitness: Brittany : Prichard

Date:
COmmenIS:
lR. COllGHLIN IIOULD NOT OR COULD NOT GIVE Ri.TIONAL ANS\'iERS REG!' .RDING !.NY FINF.NCIAL
INFOr-TION.
ALKNOWLLDGNLNT Ol 5URRLNDLROlDLlLNDANT bY bAIL AGLNT

OR bAILLNlORLLNLN1AGLNT
SURRENDERED TO LAW ENFORCEMENT AGENCY
STATE OF: NEVADA COURT: RENO JUSTICE COURT
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;:RIFF'S DEPARTME
COUNTY OF: @
OR
BOND# ' '``.c
_A MOU NT _
POLICE DEPARTMENT
CITY OF: _._
BAIL AGENCY: BAIL BOND SPECIALISTS
SURE1Y: LEXON INSURANCE COMPANY
CASE# \ _`
DEFENDANT: .r.
D.O.B .
>
CHARGED WITH _. -f [ \ '
I HEREBY CERTIFY AND DECLARE UNDER PENALTY OF PREJURY BY SIGNATURE BELOW THAT THE ABOVE
NAMED DEFENDANT IS NOW IN CUSTODY OF THE LW ENFORCEMENT AGENCY DESCRIBED ABOy E
DATED:
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SIGNATURE SR DEP : .AILER, cLEsK, cccotr|cca
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PRINTED NAME OF PERSON VERIFYING CUSTODY
BOND SURRENDER MADE BY:
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NEVADA LICENSE# _.
AGENT FOR
BAIL BOND SPECIALISTS
ZD S, SIERRA ST, SUIT JJ
LW\ WN U1
OFFICE: 77b~bb7~ZZRb
I HEREBY CERTIFY AND DECLRE UNDER PENALT OF PREJURY BY MY SIGNATURE BELOW THAT THE
ABOVE NAMED DEFENDANT IS NOW IN CUSTODY OF THE LAW ENFOREMANT AGENCY ABOVE.
TO COPIES TO BOOKING-TO COPIES TO BAIL AGENT
Name of Bail Bond Company: _Slosts Phone __- _
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Bail Bond Company Address:
.
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Mailing Address:
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Defendanfs Name: ..W .. MMM W
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Home hone: 8[|S Work Phone __ DOB ___SSN

Sex: _ Race: White (incl. Hispanic) DBlack Dlndian DAsian o Pacifc Islander DOther _
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Original Court: 2JDC RJC L SJC o RMC o SMC o Other:
WWWW
Court Of Jurisdiction: _`c~.( Cour Case Number:

Original Booking #: \_] Original Agency's Case =@i_ @ Original Date of Bail:_c_/
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Bail is being surrendered on the above subject for: Failing to Appear in Cour Other: __
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U
Supreme Court, Appellate Term, New York.
9th and 10th Judicial Districts.
Doron AVGUSH, Appellant,
v.
Elhassan BERRAHU and Celia Narane and All Other Undertenants, Respondents.
Oct. 10, 2007.
Background: Landlord brought nonpayment summary proceeding against tenants, seeking
possession and $5,400 in rent arrears. The Justice Court, Town of Yorktown, Westchester
County, Denis J. Timone, J., entered default judgment of possession, but did not enter a
money judgment. Landlord appealed.
Holding: The Supreme Court, Appellate Term, held that substituted service sufficient to sup-
port personal jurisdiction, under due process principles, for entry of default money judgment
in a plenary action is sufficient to support an award of a default money judgment in a land-
lord's summary proceeding against a tenant.
West Headnotes
[1] Landlord and Tenant 233 304(2)
233 Landlord and Tenant
233IX Re-Entry and Recovery of Possession by Landlord
233k293 Summary Proceedings
233k304 Summons
233k304(2) k. Service and Proof Thereof. Most Cited Cases
Lower level of effort is required to support a finding of landlord's reasonable application
to personally serve on tenant a notice of petition and summary-proceeding petition before re-
sorting to substituted service, than is required to support a finding of due diligence to per-
sonally serve the summons on defendant in a plenary action before resorting to substituted ser-
vice. McKinney's CPLR 308; McKinney's RPAPL 735(1).
[2] Judgment 228 17(2)
228 Judgment
228I Nature and Essentials in General
228k17 Process or Notice to Sustain Judgment
228k17(2) k. Sufficiency of Process or of Service. Most Cited Cases
Page 1
17 Misc.3d 85, 847 N.Y.S.2d 343, 2007 N.Y. Slip Op. 27424
(Cite as: 17 Misc.3d 85, 847 N.Y.S.2d 343)
Judgment 228 99
228 Judgment
228IV By Default
228IV(A) Requisites and Validity
228k99 k. Jurisdiction in General. Most Cited Cases
Substituted service sufficient to support personal jurisdiction, under due process prin-
ciples, for entry of default money judgment in a plenary action is sufficient to support an
award of a default money judgment in a landlord's summary proceeding against a tenant.
U.S.C.A. Const.Amend. 14; McKinney's Const. Art. 1, 6; McKinney's CPLR 308; McKin-
ney's RPAPL 735(1).
**344 Doron Avgush, appellant pro se.
Present: RUDOLPH, P.J., EMERSON and LaCAVA, JJ.
*85 Appeal from a default final judgment of the Justice Court of the Town of Yorktown,
Westchester County (Denis J. Timone, J.), entered December 20, 2005. The final judgment,
insofar as appealed from, upon awarding landlord possession, failed to award landlord a
money judgment in a nonpayment summary proceeding.
*86 Final judgment, insofar as appealed from, reversed without costs and matter remanded
to the court below for the entry of an amended final judgment awarding landlord possession
and the sum of $5,400 as against tenants Elhassan Berrahu and Celia Narane.
Landlord commenced this nonpayment proceeding seeking possession and $5,400 in rent
arrears. Personal delivery of the notice of petition and petition was unsuccessful; the affidavit
of service notes that attempts were made to effect service on Monday, December 12, 2005 at
9:00 A.M., 5:00 P.M. and 8:00 P.M., and Tuesday, December 13, 2005 at 3:00 P.M. and 9:00
P.M., prior to affixing the papers to the door of the premises and subsequent mailings by certi-
fied and first-class mail. After tenants failed to appear, landlord was awarded a default final
judgment of possession only. Landlord appeals, arguing that the court below should have
awarded him a money judgment for the rent arrears.
As service in this matter, in addition to satisfying the reasonable application standard of
RPAPL 735, was effected in a manner that would meet the due diligence standard of CPLR
308(4), and would have been sufficient to obtain personal jurisdiction and a money judgment
had this been a plenary action, we hold that landlord is entitled to recover a money judgment
herein.
RPAPL 735(1) provides that service in a summary proceeding may be made:
*87 by personally delivering [the notice of petition and petition] to the respondent; or by
delivering to and leaving personally with a person of suitable age and discretion who resides
or is employed at the property sought to be recovered, a copy of the notice of petition and
Page 2
petition, if upon reasonable application admittance can be obtained and such person found
who will receive it; or if admittance cannot be obtained and such person found, by affixing a
copy of the notice and petition upon a conspicuous part of the property sought to be re-
covered [and mailing, in either suitable age/discretion or conspicuous place service, in ac-
cordance with the statute].
CPLR 308 provides for personal jurisdiction to be obtained over individuals through any
of the following methods:
1. by delivering the summons within the state to the person to be served; or
2. by delivering the summons within the state to a person of suitable age and discretion at
the actual place of business, dwelling place or usual place of abode of the person to be
served [and mailing and filing in accordance with the statute]; or
**345 3. by delivering the summons within the state to the agent for service of the person to
be served ...;
4. where service under paragraphs one and two cannot be made with due diligence, by affix-
ing the summons to the door of either the actual place of business, dwelling place or usual
place of abode within the state of the person to be served [and mailing and filing in accord-
ance with the statute].
5. In such manner as the court, upon motion without notice, directs, if service is impractic-
able under paragraphs one, two and four of this section.
[1] Under RPAPL 735(1), the standard that must be met before resort may be had to con-
spicuous place service is reasonable application, rather than the due diligence standard of
CPLR 308(4). Like the due diligence requirement, the requirement of reasonable applica-
tion need only be met, by the terms of the statute, when the method of service is conspicuous
posting; however, a lower level of effort is required to support a finding of reasonable applic-
ation than is required to show due diligence (see e.g. Eight Assocs. v. Hynes, 102 A.D.2d
746, 748, 476 N.Y.S.2d 881 [1984], affd. 65 N.Y.2d 739, 492 N.Y.S.2d 15, 481 N.E.2d 555
[1985]; Brooklyn Heights Realty Co. v. Gliwa, 92 A.D.2d 602, 459 N.Y.S.2d 793 [1983] ).
*88 The rule currently followed in many of the lower courts prohibiting the award of a
money judgment upon a tenant's default in a summary proceeding unless personal jurisdiction
was obtained by personal delivery is generally ascribed to Matter of McDonald, 225 App.Div.
403, 233 N.Y.S. 368 [1929]; see Ressa Family, LLC v. Dorfman, 193 Misc.2d 315, 749
N.Y.S.2d 387 [Dist. Ct., Nassau County 2002]. In McDonald, the Appellate Division, Fourth
Department, ruled that substituted service pursuant to former Civil Practice Act 1421 (the
predecessor of RPAPL 735), whether by service upon a person of suitable age and discretion
or by conspicuous placement, produced only in rem and not personal jurisdiction, and that
therefore only possession of the premises, the res sought in the proceeding, could be awar-
ded. While acknowledging that the language of former Civil Practice Act 1425, as amended
in 1924 (L. 1924, c. 514) to permit the recovery of a money judgment for rent in summary
proceedings, was broad enough to permit the construction that any method of service which
Page 3
satisfied former Civil Practice Act 1421 should support a money judgment, the court de-
clined to read the statute in that manner, in light of the constitutional and statutory require-
ments for personal jurisdiction at that time (Matter of McDonald, 225 App.Div. at 404, 233
N.Y.S. 368; see also Brambir v. Seifert, 127 Misc. 603, 217 N.Y.S. 127 [App. Term, 1st
Dept.1926] ).
Prior to the amendment of Civil Practice Act 1425, no money judgment was recoverable
in a summary proceeding at all; commencement of a plenary action was required. The 1924
amendment, under which McDonald was decided, provided for the recovery of such a judg-
ment as follows:
if the precept [equivalent to a notice of petition] contain a notice that demand is made in
the petition for a judgment for rent in arrears, and the precept is served at least five days be-
fore the return day thereof, the court, upon rendering a final order, may determine the
amount of rent due to the petitioner and give judgment for the amount found to be due.
However, at that time, only personal service or substituted service upon application to the
court (or defendant's voluntary appearance) could support the entry of a money judgment even
in a plenary action **346 (Matter of McDonald, 225 App.Div. at 406, 233 N.Y.S. 368; see
also Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565 [1877] ). Thus, the Appellate Division con-
cluded that to allow a money judgment based upon an affidavit of substituted service alone,
with no application to the court prior to effecting substituted service, was a novel step *89 that
the court did not believe the Legislature intended to, or even could, take given the U.S. Su-
preme Court's holding in Pennoyer that such service unconstitutionally deprived non-resident
defendants of due process (Matter of McDonald, 225 App.Div. at 406, 233 N.Y.S. 368).
Nevertheless, even in cases decided under the Civil Practice Act, where service in a sum-
mary proceeding was made in a manner sufficient to support the then applicable standards for
a money judgment, the courts allowed the entry of such a judgment in summary proceedings
upon the tenant's default. Thus, in Callen v. De Koninck, 23 A.D.2d 757, 258 N.Y.S.2d 627
[1965], involving court-ordered substituted service, the Appellate Division, Second Depart-
ment, ruled that because the landlord had met the statutory requirements then in place under
the former Civil Practice Act for obtaining a money judgment in a plenary action, the landlord
was entitled to a money judgment upon the tenant's default in a summary proceeding. Indeed,
the holding in McDonald itself was that a money judgment should be available in a summary
proceeding where jurisdiction had been obtained in a manner which would then support a
money judgment in a plenary action.
[2] The constitutional due process landscape and the statutes and case law of the State of
New York have changed radically in the years following the Fourth Department's ruling in
McDonald. With the 1962 enactment of CPLR 308, personal jurisdiction sufficient to allow
for the recovery of a money judgment may, without court order, be obtained both by service
upon a person of suitable age and discretion and by conspicuous place service, and either
method is constitutional (see e.g. Mullane v. Central Hanover Bank & Trust Co., 339 U.S.
306, 314, 70 S.Ct. 652, 94 L.Ed. 865 [1950] [service permitted by any method reasonably cal-
culated to give notice of the proceeding and an opportunity to be heard]; Arnold v. Lyons,
Page 4
2003 N.Y. Slip Op. 50766[U], 2003 WL 2004246 [Dist. Ct., Nassau County 2003] [the un-
derlying constitutional doctrine of Pennoyer is now long since abandoned, and the once-novel
methods of obtaining jurisdiction utilized by the former subject statute are now routine];
Ressa Family, LLC v. Dorfman, 193 Misc.2d 315, 749 N.Y.S.2d 387, supra ). In light of this
change, some lower courts, interpreting McDonald and Callen to allow the entry of money
judgments upon default in summary proceedings whenever service was effected in a manner
sufficient to allow the entry of a default judgment in a money action, have allowed the entry
of default money judgments in summary proceedings where *90 substituted service was made
upon a person of suitable age and discretion, or at least have considered that such a judgment
would be available in a proper case (see e.g. Guevera v. Cueva, 5 Misc.3d 1024(A), 2004
N.Y. Slip Op. 51531(U), 2004 WL 2827675 [Dist. Ct., Nassau County]; Macerich Queens
Ltd. Partnership v. M.I.E. Hospitality, Inc., 192 Misc.2d 276, 746 N.Y.S.2d 341 [Civ. Ct.,
Queens County 2002]; Fleming v. Flanagan, 178 Misc.2d 723, 680 N.Y.S.2d 427 [Ramapo
Just. Ct.1998] ), and this court has previously sustained such an award (see Touhamy v. Ger-
aldo, 2002 N.Y. Slip Op. 50705[U], 2002 WL 32082276 [App. Term, 9th & 10th Jud. Dists.]
[service upon a person of suitable age and discretion supported a money judgment in a sum-
mary proceeding] ). **347 Moreover, in at least one reported case, a money judgment was
granted upon the tenant's default in a summary proceeding, on a showing that conspicuous
place service was made in accordance with the due diligence standard set forth in CPLR 308
(Dolan v. Linnen, 195 Misc.2d 298, 753 N.Y.S.2d 682 [Civ. Ct., Richmond County 2003]; see
also Oppenheim v. Spike, 107 Misc.2d 55, 56, 437 N.Y.S.2d 826 [App. Term, 1st Dept.1980]
). Other courts, however, have interpreted McDonald to mean that money judgments can be
entered upon a tenant's default only upon a showing that the petition was personally delivered
to the tenant (e.g. Ressa Family LLC v. Dorfman, 193 Misc.2d 315, 749 N.Y.S.2d 387, supra
). The issue of whether conspicuous place service, made in accordance with the due dili-
gence standard set forth in CPLR 308(4), can support entry of a money judgment in a sum-
mary proceeding upon a tenant's default, is now squarely before this court in the present mat-
ter. Since we are persuaded that the proper interpretation of McDonald and Callen is that a
money judgment should be available in a summary proceeding whenever service has been ef-
fected in a manner which would support a money judgment, we hold that service sufficient to
satisfy CPLR 308(4) and, indeed, any of the CPLR 308 provisions, is sufficient to support an
award of a money judgment in a summary proceeding.
The key consideration in determining whether a money judgment should be recoverable
upon any default, including a tenant's default in a summary proceeding, is whether the service
procedure followed is sufficient to meet New York State and federal constitutional require-
ments of notice and an opportunity to be heard. The due diligence requirement of CPLR
308 clearly suffices for this purpose, and once personal jurisdiction has been obtained over a
respondent or defendant, the ability to obtain a money judgment just as surely follows. The
existence of various rules relating to the timing of the entry *91 of such judgmentsuch as
the rule that a default judgment cannot be entered in a plenary action absent 20 days' mailed
notice (CPLR 3215[g] [3] ), cited in an attempt to show that the CPLR provides a level of
protection unavailable in a summary proceeding (see e.g. Arnold v. Lyons, 2003 N.Y. Slip Op.
50766[U], 2003 WL 2004246 [Dist. Ct., Nassau County 2003] )does not alter this fact; the
rules merely govern matters of procedure. For all of the above reasons, under modern concep-
Page 5
tions of due process, obtaining personal jurisdiction in a manner consistent with state and fed-
eral constitutional standards and with the statutory standards that apply to actions for money
in the State of New York should permit the entry of a money judgment in a summary proceed-
ing, regardless of the method of service employed (see e.g. Scherer, Residential Land-
lordTenant Law in New York 15:11, at 835 [2007 ed.]; Siegel, N.Y. Prac. 575, at 993
[4th ed.] ). As the Hon. Fern Fisher has stated:
It is somewhat ironic that the standard for service of process for a possessory judgment is
less stringent than that for a money judgment. The possessory judgment granted in a sum-
mary eviction proceeding authorizes forcible eviction of the respondent from her/his home,
a matter of far greater import, in most instances, than the interest in avoiding a money judg-
ment (Scherer, Residential LandlordTenant Law in New York 15:11, at 836).
Several advantages of permitting the recovery of default money judgments upon substi-
tuted service have been noted. Perhaps most compelling, as landlord in the present case notes,
the denial of such judgments only encourages tenants in arrears **348 to actively evade per-
sonal delivery, knowing that the landlord might never commence a separate, costly, plenary
action to recover the rent. Beating the rent in this manner has arguably become a significant
cost of doing business for landlords, and is passed on to all tenants accordingly (see Ressa
Family, LLC v. Dorfman, 193 Misc.2d at 322, 749 N.Y.S.2d 387). With the incentive to evade
personal delivery removed, tenants might be more inclined to come to court to present any de-
fenses that they might have, resulting in a more complete record, enhancing the quality of ad-
judications in summary proceedings, and making settlement possible, to the benefit of the
parties and the court. In addition, the availability of a money judgment upon a tenant's default
advances the interest of judicial economy, by alleviating the need to litigate the same transac-
tion multiple times in multiple forums to obtain complete relief.
*92 Therefore, for the foregoing reasons, we hold that money judgments shall be available
upon a tenant's default in a summary proceeding, without regard to the manner of service ef-
fected therein, upon a showing that such service would be sufficient to support the entry of a
money judgment in a plenary action.
N.Y.Sup.App.Term,2007.
Avgush v. Berrahu
Judges
Judges
Emerson, Hon. Elizabeth H.
State of New York Supreme Court, 10th Judicial District
Riverhead, New York 11901
Page 6
Litigation History Report | Judicial Motion Report | Judicial Reversal Report | Profiler
LaCava, Hon. John Robert
White Plains, New York 10601
Rudolph, Hon. Kenneth W.
White Plains, New York 10601
END OF DOCUMENT
Page 7
Civil Court, City of New York,
Richmond County.
John DOLAN, Petitioner,
v.
Shaunte LINNEN, Respondent.
Daniella Maxean, Petitioner,
v.
Cheryl Kirton, Respondent.
Jan. 1, 2003.
In consolidated nonpayment and holdover proceedings, the Civil Court, Richmond and
King Counties, Gerald Lebovits, J., held that: (1) when conspicuous service conforms to the
due-diligence standard of applicable statutes, a landlord need not bring separate proceedings
for possession and money against a tenant in default of rent payments, and (2) substituted or
duly diligent conspicuous service in a nonpayment or holdover proceeding confers personal
jurisdiction for a court to grant a money judgment when tenant fails to appear.
Judgments in accordance with opinion.
West Headnotes
233k304 Summons
When conspicuous service conforms to the due-diligence standard of applicable statutes, a
landlord need not bring separate proceedings for possession and money against a tenant in de-
fault of rent payments; court acquires personal jurisdiction over a defaulting tenant when the
petition and notice of petition are served in a summary proceeding using conspicuous-place
service after due diligence in attempting personal delivery or substituted service, and a land-
lord is therefore entitled to a default judgment of possession and a default money judgment for
the arrears demanded in the nonpayment petition if the tenant fails to answer the petition or to
date if the landlord proves at a holdover inquest that use and occupancy is due. McKinney's
CPLR 308, subd. 4; McKinney's RPAPL 735, subd. 1.
Page 1
233k304 Summons
Substituted or duly diligent conspicuous service in a nonpayment or holdover proceeding
confers personal jurisdiction for a court to grant a money judgment when tenant fails to ap-
pear. McKinney's CPLR 308, subd. 4; McKinney's RPAPL 735, subd. 1.
[3] Process 313 77
313 Process
313II Service
313II(B) Substituted Service
313k76 Mode and Sufficiency of Service
313k77 k. In General. Most Cited Cases
Courts may invoke personal jurisdiction over litigants served other than in hand if they are
served by a method reasonably calculated to notify them.
[4] Courts 106 103
106 Courts
106II Establishment, Organization, and Procedure
106II(K) Opinions
106k103 k. In General. Most Cited Cases
Changes to underlying statutes should affect opinions relying on the statutes.
233k304 Summons
Two responsible attempts at in-hand or substituted service before resorting to conspicuous
service satisfy reasonable application standard for service in summary proceeding to recover
possession of real property, but not due diligence standard for personal service; only three or
more responsible attempts suffices to award money on default. McKinney's CPLR 308;
McKinney's RPAPL 735.
Page 2
233k310 Judgment or Final Order
233k310(1) k. In General. Most Cited Cases
On default in a nonpayment or holdover proceeding, court may not award legal fees, late
fees, or anything but the sum certain of arrears and use and occupancy, even as a nonpossess-
ory judgment.
**682 *298 Jacobi, Sieghardt, Bousanti & Piazza P.C., New York City (Mark S. Piazza of
counsel), for John Dolan, petitioner.
Scott A. Miller, New York City, for Daniella Maxean, petitioner.
**683 *299 GERALD LEBOVITS, J.
[1] This 2003 opinion is written to enforce the Legislature's 1924 decision to streamline
expensive, duplicative litigation by joining in one lawsuit and before one court summary pro-
ceedings for possession and rent. The court, which rides circuit between Richmond and Kings
Counties, consolidates for explanation a Richmond County nonpayment proceeding and a
Kings County holdover proceeding. Both cases raise a common issue: Whether a court must
award a money judgment against a tenant who defaults after receiving a petition and notice of
petition by substituted or duly diligent conspicuous-place service.
The issue in these two cases affects more than two cases and more than two counties.
Every year across the state, landlords in countless summary proceedings are denied money
judgments that should be granted. These landlords must forgo rent justly owed. Or they must
begin plenary actions whose service requirements are less protective for tenants than they are
in summary proceedings. And this assumes, following the tenants' relocation, that the tenants
can be found and served in a plenary action.
Denying money judgments after good service helps only tenants who intentionally default.
Tenants who find themselves in serious arrears can avoid in-hand personal delivery and de-
cline to appear in court. The unhappy event of eviction is then tempered by the reality that
money owed might never be sought. That discourages tenants from appearing and renders the
court impotent to do justice.
Granting money judgments after substituted or duly diligent conspicuous service improves
service. To get money judgments, landlords will encourage process servers to effectuate better
service than mere reasonable-application service. Better service will result in personal or sub-
stituted service more often than now. That will reduce the possibility that a process server will
effect sewer service, lessen the chance that tenants will not answer or appear, and decrease the
uncertainty that a judge who signs a default warrant will cause a tenant to be evicted without
notice.
There is a disconnect, moreover, in which defaulting tenants are evicted for not paying the
same rent that the courts refuse to award: It is somewhat ironic that the standard for service
of process for a possessory judgment is less stringent than that for a money judgment. The
Page 3
possessory judgment granted in a *300 summary eviction proceeding authorizes forcible evic-
tion of the respondent from her/his home, a matter of far greater importance, in most in-
stances, than the interest in avoiding a money judgment. (Fern Fisher, View from the Bench,
in Andrew Scherer, Residential LandlordTenant Law in New York 15:12, at 157 [2003
ed.].)
This peculiar resultwhich helps neither honest tenants or landlords nor a unified state
court systemhas its roots in a 1929 Fourth Department commercial nonpayment case, Mat-
ter of McDonald, 225 A.D. 403, 233 N.Y.S. 368 [4th Dept.1929]. The McDonald court, wor-
ried about nonresident commercial tenants, found that personal jurisdiction is only gained
over a tenant served personally in hand or who has appeared in the proceedings. (See id. at
406407, 233 N.Y.S. 368.) In so finding, the McDonald court acknowledged rejecting the
plain language of a clearly written statute in favor of ascertaining for itself what the Legis-
lature must have meant. (See id. at 405, 233 N.Y.S. 368.) Since then, all the courts denying
money judgments after substituted or duly diligent conspicuous service rely on McDonald.
But McDonald never applied to noncommercial cases involving residentslike the two at bar
and thousands like them. And McDonald no longer applies even to commercial cases in-
volving nonresidents: The United States Supreme Court and the New York State Legislature
have eviscerated McDonald's constitutional and **684 statutory underpinnings more times
than this opinion has pages.
At one timealthough this is debatableMcDonald might have represented good law and
good policy. Today McDonald and its progeny represent the opposite.
Conspicuous service, or nail and mail, is effected when a process server affix[es] a
copy of the notice and petition upon a conspicuous part of the property sought to be recovered
or plac[es] a copy under the entrance door of such premises. (RPAPL 735[1].) In Dolan v.
Linnen, a Richmond County nonpayment proceeding, tenant defaulted because she failed to
answer a petition and notice of petition served conspicuously on the process server's fourth
and duly diligent attempt at personal service. The warrant clerk prepared an order, which the
court reviewed and signed, granting possession but not money.
After a tenant's failure to answer a nonpayment petition, a New York City warrant clerk
will present a Civil Court or Housing Part judge with a default order that provides for a money
judgment only when the landlord effectuates in-hand *301 personal delivery of the petition
and notice of petition. No clerk will give a judge an order for a money judgment when a ten-
ant receives substituted or duly diligent conspicuous service. That policy, passed along
through generations of warrant clerks, is codified in a memorandum possessed by many in the
landlord-tenant bar dated June 26, 1990, entitled Warrant Seminar Series: Number 4 and in
an undated memorandum entitled Failure to Answer Procedure.
Neither memorandum addresses whether money may be awarded when conspicuous ser-
vice is duly diligent, except to cite Oppenheim v. Spike, 107 Misc.2d 55, 437 N.Y.S.2d 826
[App.Term 1st Dept.1980, per curiam]. But Oppenheim noted that duly diligent conspicuous
service entitles a landlord to a default money judgment. As Oppenheim explained, the only
reason that Civil Court's money judgment for rent was a nullity was that [t]here is no indic-
Page 4
ation that the process server had used due diligence before resorting to conspicuous service. (
Id. at 56, 437 N.Y.S.2d 826 [italics in original].)
Oppenheim, from the Appellate Term, First Department, is strong if not binding authority
on this Second Department trial court because neither the Second Department's Appellate
Term nor its Appellate Division has considered the issue. (See Stewart v. Volkswagen of Am.,
Inc., 181 A.D.2d 4, 7, 584 N.Y.S.2d 886 [2d Dept.1992, per curiam] [finding that Appellate
Division decisions from other departments are binding if Appellate Division in trial court's de-
partment has not spoken], revd. on other grounds 81 N.Y.2d 203, 597 N.Y.S.2d 612, 613
N.E.2d 518 [1993].) But because Oppenheim is honored by its breach, this court cannot
simply cite it and let it go at that. Nor can the court simply cite some other opinions that ex-
plain why duly diligent conspicuous service must lead to a default money judgment, and let it
go at that. (See e.g. Shared Equities Co. v. Merchant, NYLJ, Apr. 24, 2002, at 18, col. 4
[Hous Part, Civ.Ct., N.Y. County, Wendt, J.]; Macerich Queens L.P. v. M.I.E. Hospitality,
Inc., 192 Misc.2d 276, 278, 746 N.Y.S.2d 341 [Civ.Ct., Queens County 2002]; Ichikawa v.
Azzinaro [Civ.Ct., Richmond County, Mar. 17, 1997, Straniere, J., L & T 53964/96]; Fleming
v. Flanagan, 178 Misc.2d 723, 727, 680 N.Y.S.2d 427 [Just.Ct., Town of Ramapo 1998].)
Both memorandums also prohibit money judgments when the petition and notice of peti-
tion were served by leave and mail, or substituted service, which consists of a process serv-
er's delivering the petition and notice of petition to a person of suitable age and discretion
who resides **685 or is employed at the property sought to be recovered. (RPAPL 735[1].)
For *302 that prohibition the memorandums cite no authorities urging a different res-
ultthough several authorities urge that money be awarded following substituted service. (
See e.g. Macerich Queens, 192 Misc.2d at 278, 746 N.Y.S.2d 341; Touhamy v. Geraldo, 187
Misc.2d 550, 552554, 723 N.Y.S.2d 606 [Dist.Ct. Nassau County 2001]; Berman v. Vargas,
Hous Part, Civ.Ct., Richmond County, July 13, 2000, Bedford, J., L & T 506688/00, at 2.)
Rather, the memorandums cite only Joseph E. Seagram & Sons, Inc. v. Rossi, 45 Misc.2d
427, 257 N.Y.S.2d 60 [Civ.Ct., N.Y. County 1965], affd. on other grounds 18 N.Y.2d 725,
274 N.Y.S.2d 165, 220 N.E.2d 808 [1966] and Fairhaven Apts. No. 6, Inc. v. Dolan, 72
Misc.2d 590, 339 N.Y.S.2d 787 [Dist.Ct., Suffolk County 1972].
Seagram, which allowed a money judgment only for duly diligent substituted service (45
Misc.2d at 428, 257 N.Y.S.2d 60), is no longer good law. It was decided before CPLR 308
was amended in 1970 to abolish the requirement that substituted service be permitted only
after due diligence was exercised to effect in-hand personal delivery. (See CPLR 308[2].)
Since 1970, substituted and in-hand personal delivery have been full equivalents; both are per-
sonal service. And Fairhaven Apts. No. 6 offers only an oblique defense to denying default
money judgments. After the court foundas this court findsthat substituted service under
the current CPLR 308(2) and RPAPL 735(1) confers personal jurisdiction (72 Misc.2d at
591, 339 N.Y.S.2d 787), the court declined to award moneybut in part only because the no-
tice of petition did not contain a court-required notice giving the tenant 30 days to answer and
primarily because the return date on the notice of petition was one day short of complying
with CPLR 308(2). (Id. at 592, 339 N.Y.S.2d 787.)
Page 5
The marshal never executed the warrant of eviction against the Richmond County tenant.
She found a new home, without paying what landlord claimed was due. After a process server
served her at her new home, landlord moved for a money judgment under RPAPL 732(3). The
issue now is whether landlord was entitled to a money judgment all alongwhether the court
should have granted a money judgment on default after tenant failed to answer the nonpay-
ment petition. The court answers in the affirmative. When conspicuous service conforms to
the due-diligence standard of CPLR 308(4) and RPAPL 735(1), as it did here, a landlord need
not bring separate proceedings for possession and money. The court therefore awards a money
judgment for the rent, but only the rent, demanded in the petition: $1513.20.
In Maxean v. Kirton, a Kings County holdover proceeding, tenant failed to appear to an-
swer a petition and notice of petition*303 served at tenant's home on a person of suitable age
and discretion. This court held an inquest. In sustaining the inquest and awarding a final judg-
ment of possession, the court also awarded a money judgment for use and occupancy, but only
use and occupancy, as demanded in the petition and extended through the date of the inquest:
$6300. Tenant later filed an order to show cause requesting more time to vacate. The court
need not decide whether that appearance conferred personal jurisdiction sufficient to award a
money judgment. (See CPLR 320[b] [providing that appearance equals personal service of
summons unless defendant objects to jurisdiction]; compare Schwartz v. Power Conversion,
Inc., 115 Misc.2d 217, 218219, 453 N.Y.S.2d 989 [Mount Vernon City Ct.1982]with 16 Lin-
coln Sq. Assocs. v. Amrep Corp., 129 Misc.2d 697, 698699, 493 N.Y.S.2d 692 [Civ.Ct., N.Y.
County 1985].) This opinion explains why the court awarded a money judgment at the **686
inquest, which preceded the order to show cause. In essence, when substituted service con-
forms to CPLR 308(2) and RPAPL 735 (1), as it did here, a landlord need not bring separate
proceedings for possession and use and occupancy.
Dolan v. Linnen
In this Richmond County nonpayment proceeding, landlord claimed that tenant owed him
three months' rent at $504.40 a month for her rent-stabilized apartment. A licensed process
server averred in her March 13, 2002, affidavit of service, which is prima facie, presumptive
proof that tenant was properly served (e.g. Bank of America Natl. Trust & Sav. Assoc. v. Her-
rick, 233 A.D.2d 351, 351, 650 N.Y.S.2d 754 [2d Dept.1996, mem.]), that she attempted four
times to serve tenant personally with a five-day rent demand for not paying rent: on March 6,
2002, at 8 p.m.; on March 8, 2002, at 6:45 a.m.; on March 9, 2002, at 9:30 a.m.; and on March
12, 2002, at 2:20 p.m. After these attempts, she served the demand conspicuously on March
12, 2002, at 2:20 p.m. On March 13, 2002, she sent tenant copies of the demand by USPS
first-class and by certified mail. RPAPL 711(2) requires a landlord to provide only three days
for a tenant to cure, if a demand for outstanding rent is made in writing, before commencing a
summary proceeding. Landlord gave tenant two extra days.
Following tenant's disregard of landlord's written demand for the outstanding rent, another
licensed process server, according to her affidavit of March 25, 2002, tried four times to serve
the petition and notice of petition personally on tenant at her home: on March 20, 2002, at
8:20 p.m.; on March 21, 2002, *304 at 6:14 a.m.; on March 21, 2002, at 6:30 p.m.; and on
March 22, 2002, at 10:30 a.m.
Page 6
After these unsuccessful attempts, the server effected conspicuous-place service on March
22, 2002, at 10:30 a.m., by affixing the petition and notice of petition to tenant's door. Physic-
al service was finished when the server mailed two copies of the petition and notice of petition
to tenant on Saturday, March 23, 2002. Under RPAPL 735(1), the first copy was sent by
USPS first-class mail, the second by USPS certified mail. Because landlord used conspicuous
service, service was completed, under RPAPL 735(2)(b), when the server filed proof of ser-
vicethe affidavit of servicewith the court within three days of the mailing. The court clerk
then sent tenant a postcard by first-class mail to tell her that the proceeding had begun. (See
RPAPL 732 [2]; 22 NYCRR 208.42[i][1], [2].) The postcard was not returned.
Tenant never answered. On April 10, 2002, the warrant clerk gave this court an order for a
default judgment of possession, but not a money judgment, in landlord's favor. After review-
ing the file, the court signed the order, entered a possessory judgment, and issued a warrant of
eviction to the marshal.
Maxean v. Kirton
In this Kings County holdover proceeding, a licensed process server served landlord's
30day termination notice. (See RPL 232a.) According to his June 8, 2002, affidavit, he
served Jane Doe, a person of suitable age and discretion who refused to give her name, at
tenant's home at 5:19 p.m. on June 7, 2002, because Doe was willing to receive same on be-
half of all respondents and * * * resides at said property. The affidavit describes Doe, about
30 years old, with specificity. The next day, June 8, 2002, the server mailed copies of the
30day notice to tenant by USPS first-class mail and by certified mail. Landlord's termination
notice told tenant that her month-to-month tenancy, established orally, was terminated and
that tenant's**687 right to possess the one-family home would expire on July 8, 2002.
July 8 came and went, and landlord began a holdover proceeding. According to his August
13, 2002, affidavit of service, the same process server who served the termination notice
served the petition and notice of petition under RPAPL 735(1) at 11:29 a.m. on August, 12,
2002, at the tenant's home *305 on John Roe, a person of suitable age and discretion who
refused to give his name but was willing to receive same on behalf of all respondents and * *
* resides at said property. The affidavit describes Roe, about 30 years old, with specificity.
The next day, August 13, 2002, the server mailed the petition and notice of petition to tenant
by USPS first-class mail and by certified mail. The court clerk then sent tenant a postcard by
first-class mail to tell her that the proceeding had begun. The postcard was not returned.
The notice of petition informed tenant that a hearing would be held on August 20, 2002, in
Part E, Room 509, at 2:00 p.m. The petition listed $5600 as the outstanding use and occu-
pancy from January 2002.
Tenant did not appear on August 20. The proceeding was adjourned at 3:35 p.m. to
September 9, 2002, at 9:30 a.m., for an inquest. The clerk mailed tenant a postcard to tell her
about the adjournment. On September 9, landlord appeared but tenant did not. The judge re-
ferred the matter to the expediter, who referred the matter to this court for an inquest, which
was held at 3:46 p.m. The court sustained the inquest, awarded landlord a final judgment of
possession, ordered the issuance of the warrant forthwith, and stayed the warrant's execution
Page 7
for ten days. The court examined the court papers, including the affidavits of service. Because
the petition and the notice of petition were served by personal service on a person of suitable
age and discretion at tenant's home, the court, after hearing testimony on whether tenant paid
use and occupancy, awarded a money judgment for seven months' unpaid use and occu-
pancy$6300, from January through September 2002, at $700 a month.
Tenant neither paid the use and occupancy nor vacated. On November 15, 2002, having re-
ceived the marshal's eviction notice, she filed an order to show cause containing a motion to
vacate the inquest. In her supporting affidavit, she wrote only I need more time. She offered
no excuse for her nonappearances or a defense to the holdover, and she did not explain why
she had not paid use and occupancy for nine months or whether she might ever have the abil-
ity to pay. A Civil Court judge signed the order and stayed the warrant's execution to Decem-
ber 2, 2002, the return date. Landlord appeared on December 2; tenant did not. This court
therefore denied her motion and vacated all stays.
*306 Do Substituted and Duly Diligent Conspicuous Service Grant Personal Jurisdiction
to Support a Money Judgment in a Summary Proceeding?
[2] The combined question in both cases is whether substituted or duly diligent conspicu-
ous service in an RPAPL Article 7 nonpayment or holdover proceeding confers personal juris-
diction for a court to grant a money judgment when the respondent fails to appear.
This question arises for two reasons. The first is the view, enunciated in 1926 and 1929,
that personal jurisdiction is only gained over a tenant served personally or who has appeared
in the proceedings. (See Brambir v. Seifert, 127 Misc. 603, 603, 217 N.Y.S. 127 [App.Term,
1st Dept.1926, per curiam]; Matter of McDonald, 225 A.D. at 403, 406407, 233 N.Y.S. 368
[4th Dept.1929].) The second is that the courts **688 must jealously guard tenants' constitu-
tional and statutory rights because summary proceedings derogate their common-law rights. (
E.g. Matter of Flewwellin v. Lent, 91 A.D. 430, 432, 86 N.Y.S. 919 [2d Dept.1904].)
In 1924, the New York Legislature merged actions for possession and arrears into a single
summary proceeding to enhance judicial efficiency, promote the interests of justice, and dis-
suade landlords from resorting to self-help evictions. Despite the merger, courts since 1926
have split possession and money claims into summary proceedings for possession and plenary
actions for arrears by denying default money judgments.
Opinions denying money judgments on a tenant's default are based on one the following
grounds: (1) a lack of personal jurisdiction to support a money judgment; (2) the differences
in personal, substituted, and conspicuous service between the RPAPL and the CPLR; (3) the
differing time frames the RPAPL and CPLR give to answer a petition in a summary proceed-
ing or a complaint in a civil action; (4) the legislative intent behind the creation of summary
proceedings; and (5) an assumption that service methods other than in hand are insufficiently
trustworthy to support default money judgments, despite their adequacy to support eviction.
All these reasons are flawed because they rely on the 1929 Fourth Department's McDonald
to hold that only in-hand personal delivery or a tenant's appearance confers personal, as op-
posed to in rem, jurisdiction. (See e.g. Havemyer v. Luttinger, 155 Misc. 586, 586, 280 N.Y.S.
Page 8
76 [App.Term, 1st Dept.1935, per curiam] [citing McDonald ]; WittStuart Realty Corp. v.
Mantell, 155 Misc. *307 165, 167, 279 N.Y.S. 802 [App.Term, 1st Dept.1935] [same]; Eu-
genis v. Felipe, N.Y.L.J., Mar. 14, 2001, at 21, col. 6 [Civ.Ct., Kings County] [same]; Leven
v. Browne's Business School, Inc., 71 Misc.2d 842, 842843, 337 N.Y.S.2d 307 [Dist.Ct.,
Nassau County 1972] [same]; 1405 Realty Corp. v. Napier, 68 Misc.2d 793, 795, 328
N.Y.S.2d 44 [Civ.Ct., Bronx County 1971] [same]; Wayside Homes, Inc. v. Upton, 40 Misc.2d
1087, 10881089, 244 N.Y.S.2d 624 [Dist.Ct., Nassau County 1963] [same]; Matter of Ray-
mond v. Grotz, 31 Misc.2d 925, 926, 221 N.Y.S.2d 810 [Police Ct., Rockland County 1961]
[same]; Matter of Wythe, 150 Misc. 405, 407, 268 N.Y.S. 229 [City Ct., Erie County 1933]
[same]; Court Square Bldg. v. Harris, 140 Misc. 542, 544545, 251 N.Y.S. 193 [Mun.Ct.,
N.Y. County 1931] [same].)
One court that granted a default money judgment after duly diligent conspicuous service
noted the bramble bush concerning jurisdiction by service in summary proceedings:
[C]onfusion has led some of the courts * * * to the apparent rule that money judgments
were not allowable in nonpersonal delivery cases. (Fleming, 178 Misc.2d at 725, 680
N.Y.S.2d 427.)
A learned opinion hewing to McDonald recently found that money judgments upon de-
fault [in summary proceedings] should continue to be entered only upon a showing that the re-
spondent was served by personal delivery. (Ressa Family, LLC v. Dorfman, 193 Misc.2d
315, 323, 749 N.Y.S.2d 387 [Dist.Ct., Nassau County 2002].) The Ressa court pronounced it-
self constrained to follow McDonald despite conceding that granting default money judg-
ments is more in accord with the governing statute and is consistent with a literal reading
of the statute, and that with the passage of time, and the disappearance of its original basis,
the rule of McDonald was misstated. As in a game of telephone, it became garbled and
broadened. (Id. at 316, 749 N.Y.S.2d 387 [rejecting opinions relying on McDonald, **689
including Eugenis, Fairhaven Apts. No. 6, Leven, and 1405 Realty ].) Notwithstanding all that,
and without citing Oppenheim, Ressa concluded that post-McDonald judicial and statutory de-
velopments are irrelevant because, Ressa found, they have not expressly abrogated pre-Mc-
Donald legislative intent. (See id. at 322323, 749 N.Y.S.2d 387.)
This court disagrees with Ressa that McDonald has continuing vitalitya vitality Ressa it-
self undermined. McDonald stated that future courts should overrule it when the Legislature
addresses McDonald's concerns, and the Legislature has done so repeatedly. Additionally, the
procedures extant when McDonald was decided bear little resemblance to today's procedures,
which include numerous safeguards to prevent and overcome sewer service. Moreover, Mc-
Donald was based on the *308 since-overruled Pennoyer v. Neff doctrine (95 U.S. 714, 24
L.Ed. 565 [1877].) And McDonald is inapposite to the residential landlord-tenant cases that
rely on it. McDonald was a commercial nonpayment proceeding in which the court was con-
cerned about service when the tenant was a non-resident. (225 A.D. at 405, 233 N.Y.S.
368.) By definition, residential tenants are residents.
Under McDonald, landlords must begin plenary actions to recover rent, which places
landlords on the same footing as any other creditor with respect to money claims, allowing a
debtor the [sic] up to 60 days notice they would be entitled to before default could be entered
Page 9
in a plenary action * * * * (Ressa Family, 193 Misc.2d at 322, 749 N.Y.S.2d 387.) But pla-
cing landlords on the same footing as other creditors makes proceedings lengthy, not sum-
mary, and splits cases into separate lawsuits: summary proceedings for possession and plen-
ary actions for arrears. That was the law before September 1, 1924, when the Legislature
joined actions for possession and arrears into a single summary proceeding. (L. 1924, ch. 514,
1.) It has not been the law since then.
To put Brambir and McDonald, decided on the cusp of the Great Depression, into the
times and text of the then-controlling Civil Practice Act (CPA), consider that CPA 1422,
Duty of person to whom copy of precept is delivered, contained the following, long absent
from current law: A person who willfully violates any provision of this section * * * if he is a
tenant upon the property, forfeits to his landlord the value of three years' rent of the premises
occupied by him. (L. 1921, ch. 199, 1422.) That onerous penalty linked to service weighed
on courts that examined service.
Brambir and McDonald can be understood only by understanding the historical develop-
ment of jurisdiction and summary proceedings.
The Developments Leading to Brambir and McDonald
The history of summary proceedings reveals many changes since Brambir and McDonald.
They also reveal the clear legislative intentions that McDonald sought before it believed that a
court should award money on default. They further reveal that Brambir and McDonald are no
longer viable.
Before 1820, a landlord's sole legal option to dispossess tenants for nonpayment of rent
was a slow, plenary ejectment action, now covered by RPAPL Article 6, Action to Recover
Real Property. To provide a quicker mechanism and deter self-help dispossessions, the Legis-
lature enacted summary proceedings *309 in Chapter 194 of the Laws of 1820 to give land-
lords a simple, expeditious and inexpensive means of regaining possession of his premises
in cases where the tenant refused upon demand**690 to pay rent, or where he wrongfully held
over without permission after the expiration of his term. (Reich v. Cochran, 201 N.Y. 450,
454, 94 N.E. 1080 [1911] [discussing history of summary proceedings]; accord Cheung v. Li,
148 Misc.2d 55, 5758, 559 N.Y.S.2d 425 [Civ.Ct., N.Y. County1989] [discussing history of
summary proceedings]; Haskell v. Surita, 109 Misc.2d 409, 410, 439 N.Y.S.2d 990 [Civ. Ct.,
N.Y. County 1981]; Gardens Nursery Sch. v. Columbia Univ., 94 Misc.2d 376, 377, 404
N.Y.S.2d 833 [Civ.Ct., N.Y. County 1978]; Maxwell v. Simons, 77 Misc.2d 184, 186, 353
N.Y.S.2d 589 [Civ.Ct., Kings County 1973]; 2 Robert F. Dolan, Rasch's Landlord and Tenant,
Including Summary Proceedings 29:5, at 402404 [4th ed. 1998] [outlining history of sum-
mary proceedings].)
Summary proceedings were originally limited to recovering possession in cases involving
forcible entry, detainer, or a recognized landlord-tenant relationship. Claims for arrears re-
quired a separate plenary action. A summary proceeding for possession could establish wheth-
er rent was due and unpaid, but the courts had no power to award judgment for the recovery
of rent. (Jarvis v. Driggs, 69 N.Y. 143, 147 [1877].) Personal jurisdiction was a nonissue be-
cause summary proceedings were strictly possessory and the necessary jurisdiction to regain
Page 10
possession was only in rem or quasi in rem.
Later amendments extended summary proceedings' jurisdiction to holdovers, squatters,
and others. In 1876 the Civil Code of Procedure (CCP) codified summary proceedings, and in
1893 summary proceedings were amended to permit a tenant's counterclaims. But no money
judgment could be granted. (L. 1893, ch. 705, CCP 2244.)
Summary proceedings then traveled en mass to Article 83, Summary Proceedings to Re-
cover Possession of Real Property, of the Civil Practice Act (CPA), which repealed and reen-
acted the CCP in 1920. (L. 1920, ch. 925, art. 83, 1410 et seq.) The CPA sections bearing
on the cases before this court were adopted by the Laws of 1921 (ch. 199, 15), specifically
1421Precept; how served [previously CCP 2240]; 1424Proof of service of precept
[previously CCP 2243]; and 1425Answer [previously CCP 2244].) The CPA's
precept is RPAPL 735's notice of petition.
Three years after CPA 1421, 1424, and 1425 were adopted in 1921, the Laws of 1924 (ch.
514, 1, eff. Sept. 1, *310 1924) amended CPA 1425 to join possession and rent in one pro-
ceeding. That joinder is reflected in section 1425's post-amendment title, which changed from
Answer to Answer. Judgment for rent due. Section 1425 provided that [i]f the precept
contain a notice that demand is made in the petition for a judgment for rent in arrears, and the
precept is served at least five days before the return day thereof, the court, upon rendering a
final order, may determine the amount of rent due to the petitioner and give judgment for the
amount found to be due.
Both CPA 1425 and its predecessor CCP 2244 let tenants raise legal or equitable defenses
or counterclaims: Such defense or counterclaim may be set up and established in like manner
as though the claim for rent in such proceeding was the subject of an action.
CPA 1425 did not subject recovering arrears in summary proceedings to the same condi-
tions, procedures, and requirements of a plenary action for rent, although some opinions have
subscribed to an action for rent theory to deny money judgments. (E.g. 1405 Realty, 68
Misc.2d at 794, 328 N.Y.S.2d 44 [holding that money judgment may be granted only if per-
sonal**691 jurisdiction is acquired as though the proceeding were an action for rent]; Way-
side Homes, 40 Misc.2d at 1088, 244 N.Y.S.2d 624 [same]; Raymond, 31 Misc.2d at 926, 221
N.Y.S.2d 810 [same].) Rather, CPA 1425 let tenants assert the same defenses and counter-
claims they asserted in the previously separate plenary action for arrears. If summary-pro-
ceeding service is made, according to the language of the former CPA 1425, as though the
claim for rent in such proceeding was the subject of an action, then CPLR 308 service would
entitle a landlord to money. But the action for rent theory to deny money judgments arises
only because of the misunderstood genesis of CCP 2244 and CPA 1425.
As the precursor to RPAPL 735, CPA 1421(3), controlling conspicuous service, allowed
the precept to be served, [w]here service cannot with reasonable diligence be made as pre-
scribed in either of the foregoing subdivisions of this section, by affixing a copy of the precept
and petition upon a conspicuous part of the property. (L. 1924, ch. 513.) The Laws of 1924
added after the above sentence and by depositing in a post-office another copy thereof, prop-
Page 11
erly inclosed in a postpaid wrapper addressed to him at his place of residence, or upon proof
by affidavit that no such residence can be found, service may be made in such manner as the
court may direct. (Id.) *311 This addition of mailing notification after affixment created New
York's modern nail and mail conspicuous service and aided tenants with an additional noti-
fication safeguard.
Brambir was decided at this stage. The opinion is brevity itself: We cannot assume that
the 1924 amendment of section 1425 of the Civil Practice Act (added by Laws of 1921, chap.
199, as amd. by Laws of 1924, chap. 514), providing for judgment for rent, was intended, con-
trary to well-established principles, to warrant the entry of judgment for rent against a tenant
not personally served with the precept or who had not appeared in the proceeding. Order af-
firmed, with ten dollars costs. (127 Misc. at 603, 217 N.Y.S. 127.) Likely, the Brambir
court's well-established principles were those in the then-controlling Pennoyer.
After Brambir, the Legislature amended CPA 1421 in 1927 to clarify where the notifica-
tion portion of conspicuous service should be mailed. (L. 1927, ch. 593, 2.) Section 1421
had directed the mailing only to the tenant's place of residence. As amended, section
1421(3) allowed mailing to the last known place of residence or his last known place of busi-
ness, or if a corporation at its last known place of business within the state of New York. Re-
maining intact was the requirement for reasonable diligence in attempting personal delivery or
substituted service before using conspicuous service.
The 1929 Fourth Department in McDonald was more forthcoming than the Appellate
Term in Brambir. McDonald relied on Brambir and Pennoyer to reverse County Court's grant
of a default money judgment. County Court below had affirmed City Court's grant of a default
money judgment in a commercial nonpayment proceeding begun by conspicuous-place ser-
vice. (See McDonald v. Hutter, 130 Misc. 631, 225 N.Y.S. 185 [County Ct., Niagara County
1927].) After quoting the portions of CPA 1425 providing for money judgments, County
Court found that [t]his amendment is frame d in language so plain that an attempt to construe
it is superfluous. (Id. at 631, 225 N.Y.S. 185.) As the court wrote, The purpose of this
amendment is obvious. Before its passage the landlord would have had to bring a separate ac-
tion to enforce payment of the rent * * * * The amendment**692 does not limit the provision
as to judgment to proceedings started by personal service of the precept. (Id. at 632, 225
N.Y.S. 185.)
In its review, the Fourth Department noted that respondent-landlord contends, as the
County Court and City Court have held, that [CPA] section 1425 is clear and permits *312 the
recovery of a money judgment for rent in arrears, whether the precept with the requisite notice
is serviced personally or is served in any of the other ways provided in the 2d [substituted ser-
vice] and 3d subdivisions [conspicuous service] of section 1421 of the Civil Practice Act. (
See 225 A.D. at 405, 233 N.Y.S. 368.) The court also admitted that the language of the
amendment of section 1425 is broad enough to permit the construction urged by the respond-
ent. (Id.) Indeed, Katzman v. Engelhardt, 125 Misc. 168, 210 N.Y.S. 519 [App.Term, 1st
Dept.1925] noted in dictum the plain meaning of CPA 1425. The Katzman court denied a
money judgment because the case began before the 1924 CPA 1425 amendment joined actions
for possession and rent, but the court wrote that CPA 1425 permits a judgment for rent in
Page 12
connection with the granting of a final order in summary proceedings, where a demand for
such rent is affirmatively made in the petition and notice thereof embodied within the pre-
cept. (Id. at 170, 210 N.Y.S. 519.) But McDonald veered from the first rule of statutory inter-
pretation: Applying the plain meaning of a clearly written statute unless doing so leads to ab-
surdity. (See e.g. Raritan Dev. Corp. v. Silva, 91 N.Y.2d 98, 103 n. 1, 667 N.Y.S.2d 327, 689
N.E.2d 1373 [1997].)
Instead, McDonald discarded plain meaning in favor of what it believed the Legislature in-
tended: We must, however, if possible, discover the intention of the Legislature as shown by
the language of the statute itself viewed in the light of other statutory provisions. (225 A.D.
at 405, 233 N.Y.S. 368.) Given McDonald's resort to nebulous legislative intent at the expense
of applying statutory text, one wonders whether McDonald would be decided the same way
today, under Legal Process methods of interpreting statutes.
McDonald recognized that [t]he purpose of the amendment of section 1425 of the Civil
Practice Act * * * was to simplify the practice and combine in a single litigation the summary
proceeding and the action for rent in arrears. (225 A.D. at 406, 233 N.Y.S. 368.) But the
court backed away from this goal because of Pennoyer and held that permitting a money judg-
ment against a defendant not served in hand would render [CPA 1425] unconstitutional when
applied to cases in which the tenant was a non-resident. (Id.)
The court then recommended that the Legislature, despite its 1924 amendment to CPA
1425, change the rule requiring personal service of the initiatory process or substituted ser-
vice by order of the court, or voluntary appearance, for the recovery of a personal judgment,
and that until *313 the Legislature has more clearly indicated a contrary intention, the sum-
mary proceeding, where a money judgment for rent in arrear can be granted, must be limited
to one in which the precept has been personally served or the defendant has voluntarily ap-
peared. (Id. at 406407, 233 N.Y.S. 368.) In the years since McDonald, the Legislature has
satisfied McDonald's request for clearly articulated contrary intentions.
Legislation Since 1929 Prove Intentions Contrary to McDonald
The Legislature has responded to McDonald by adding significant safeguards that have
modified service requirements for plenary actions and summary proceedings.**693 The Le-
gislature has provided increased notice to the litigants of proceedings' commencement and
progress; offered litigants opportunities to secure fair resolutions; and ensured due process un-
der the U.S. Constitution, Fourteenth Amendment, 1, and the N.Y. Constitution, art 1, 6.
In repealing and reenacting the 1954 CPA 1421, RPAPL 735 predecessor, the Legislature
removed the requirement that reasonable diligence be exercised in attempting in-hand or
substituted service before resorting to conspicuous service in a summary proceeding and re-
placed it with a reasonable application standard. (CPA 1421 [1927].) As of 1954,
reasonable application became the standard to serve a person of proper age and discretion
to accept substituted service. Alternately, if personal delivery was not possible and substituted
service after reasonable application proved fruitless, conspicuous service could be used.
On September 1, 1963, the Legislature repealed the CPA and enacted the Civil Practice
Page 13
Laws and Rules. (CPLR 10001.) The overhaul moved sections from the CPA that governed
property and summary proceedings along with sections from the RPAPL, where Article 7 now
governs summary proceedings. (L. 1962, ch. 142.) The 1963 CPLR 308 controlled Personal
service upon a natural person and made personal delivery the preferred service method. Both
substituted service and conspicuous service could be used only when in-hand service could
not be made with due diligence. (CPLR 308 [1963].)
In 1963, RPAPL 735's methods of service paralleled CPLR 308. Substituted and conspicu-
ous service were considered inferior service, to be used only after in-hand personal delivery
was unsuccessful. RPAPL 735 provided that [s]ervice *314 of the notice of petition and peti-
tion shall be made in the same manner as personal service of a summons in an action; except
that if service cannot be made in such manner, it shall be made by delivering to and leaving
personally with a person of proper age and discretion who resides or is employed at the prop-
erty sought to be recovered * * * * (rpapl 735 [1963].)
The standard of reasonable application in attempting personal delivery before substi-
tuted or conspicuous service carried into RPAPL 735 from the 1954 modification to CPA
1421. A law student has used the RPAPL's reduced standard since 1929 from reasonable dili-
gence to reasonable application to argue that denying the grant of default judgments
(absent the appropriate service) has more validity today * * * than it did when the McDonald
ruling was first issued * * * * (Vladimir Bass, Final Judgments: The Hesitance to Grant
Money Judgments on Default, Finkelstein & Ferrara's LandlordTenant Practice Reporter 4,
14 [Oct.2002].) That view disregards legislation demonstrating an intent contrary to McDon-
ald, further shown by the amendments following RPAPL 735's enactment in 1963.
Procedural Safeguards Prove Intentions Contrary to McDonald
Today's safeguards provided tenants in summary proceedings include (1) the pre-petition
oral or written demand for rent (RPAPL 711[2]), along with proof that the demand was made,
or a termination or quit notice in a holdover (RPL 232a); (2) the service of the petition and
notice of petition (RPAPL 731; 735); (3) the clerk's postcard notification after filing (RPAPL
732[2]; 22 NYCRR 208.42[i][1], [2]); (4) the court's discretionary stay of the warrant of evic-
tion (RPAPL 732[2], [3]); (5) the marshal's 72hour notice to tenant before executing the war-
rant of eviction, or six business days if the marshal serves the **694 warrant other than per-
sonally, in which case a mailing is required as well (RPAPL 749[2]; NYC Dept. of Investig.,
NYC Marshal's Handbook of Regulations 5.2, at 5152 [1997]); (6) the court's authority to
vacate a warrant and judgment for good cause (RPAPL 749[3]; Matter of Brusco v. Braun, 84
N.Y.2d 674, 682, 621 N.Y.S.2d 291, 645 N.E.2d 724 [1994]); and (7) the court's ability to
restore the tenant to possession even after the warrant has been executed. (84 N.Y.2d at 682,
621 N.Y.S.2d 291, 645 N.E.2d 724.) These safeguards were added, or strengthened, post Mc-
Donald.
A clear contrary indication to McDonald is RPAPL 735's 1965 amendment, which
changed personal service in summary *315 proceedings from providing that service be per-
formed as in a plenary action to requiring RPAPL 735 service. (L. 1965, ch. 910, 78.) The
Legislature struck text that service shall be made in the same manner as personal service of a
summons in an action. (L. 1965, ch. 910, 7.) In its place, the first sentence of RPAPL
Page 14
735(1) reads: Service of the notice of petition and petition shall be made by personally deliv-
ering them to the respondent; or by delivering to and leaving personally with a person of suit-
able age and discretion * * * if upon reasonable application admittance can be obtained * * *
*
Other legislation since McDonald contradicts McDonald's holding that only in-hand deliv-
ery confers personal jurisdiction sufficient to grant a money judgment. The Laws of 1970 (ch.
852, 1) repealed and reenacted CPLR 308(2) in which substituted service now equals in-
hand delivery. No longer valid are the pre1970 cases holding that an attempt at personal de-
livery, the then-requisite of due diligence, must precede substituted service. (See e.g. 1405 Re-
alty, 68 Misc.2d at 795, 328 N.Y.S.2d 44; Joseph E. Seagram & Sons, 45 Misc.2d at 428, 257
N.Y.S.2d 60; Wayside Homes, 40 Misc.2d at 1088, 244 N.Y.S.2d 624.) Also unpersuasive are
post1970 case that relied on pre1970 cases while neglecting to note the legislative change to
CPLR 308. (See e.g. Heredia v. Contino, 79 Misc.2d 222, 223, 360 N.Y.S.2d 144 [App.Term,
2d Dept., 9th & 10th Jud. Dists. 1973, mem.] [citing 1405 Realty ]; Schwartz, 115 Misc.2d at
218, 453 N.Y.S.2d 989 [citing Wayside Homes].) As the Court of Appeals, citing another Mc-
Donald, has found, CPLR 308(2) countermanded all pre-CPLR 308(2) due-diligence cases:
McDonald was decided before the enactment of CPLR 308(2), which permits service to be
made upon an individual by leaving a copy of the summons with a person other than the
named defendant. Given this alternative, any consideration of whether due diligence was or
was not used in an effort to make delivery to [defendant] in person is irrelevant. (Macchia
v. Russo, 67 N.Y.2d 592, 594, 505 N.Y.S.2d 591, 496 N.E.2d 680 [1986, per curiam], citing
McDonald v. Ames Supply Co., 22 N.Y.2d 111, 115, 291 N.Y.S.2d 328, 238 N.E.2d 726
[1968], and quoting F.I. duPont, Glore Forgan & Co. v. Chen, 41 N.Y.2d 794, 797, 396
N.Y.S.2d 343, 364 N.E.2d 1115 [1977].)
This change to CPLR 308(2) would render McDonald academic had the 1965 modification
to RPAPL 735 not removed the text stating that service shall be made in the same manner as
personal service of a summons in an action * * * * (L. 1965, ch. 910, 7.) But the disson-
ance with McDonald continues. Under either RPAPL 735(1) or CPLR 308(2), substituted ser-
vice confers personal jurisdiction.
Moreover, the due-diligence requirement in today's CPLR 308(4) means that personal de-
livery or substituted service *316 must be attempted before resorting to conspicuous service.
The court acquires personal**695 jurisdiction whenever substituted service is used in a plen-
ary action or a summary proceeding. In summary proceedings, the process server need not
show reasonable application in attempting personal delivery before effecting substituted ser-
vice. (Eight Assocs. v. Hynes, 102 A.D.2d 746, 748, 476 N.Y.S.2d 881 [1st Dept.1984, mem.],
affd. mem. 65 N.Y.2d 739 [1985];, 492 N.Y.S.2d 15, 481 N.E.2d 555 3 Dolan, supra, 45:14,
at 172173; David D. Siegel, N.Y. Prac. 575, at 951952 [3d ed.1999].)
Further illustrating the Legislature's intent to protect tenants, the Laws of 1971 (ch. 83) ad-
ded to RPAPL 735(1) the requirement of mailing a second copy of the petition and notice of
petition by registered or certified mail if substituted or conspicuous service was used. Previ-
ously, only conspicuous service required that mailing. Now two copies of the petition and no-
tice of petition must be mailed to the tenantone by first class mail, a second by certified or
Page 15
registered mail. (Id.) The mailing must take place within a day of the substituted or conspicu-
ous service. (Id.) (Matter of Rodelli v. McArthur's Inc., 243 A.D.2d 1040, 1041, 663 N.Y.S.2d
443 [3d Dept.1997]; Columbus Prop., Inc. v. ISKS Realty Corp., 163 Misc.2d 446, 447, 621
N.Y.S.2d 277 [Civ.Ct., N.Y. County 1994].) This second mailing is not found in CPLR 308,
which requires only a first-class mailing of the summons and complaint when service is sub-
stituted or conspicuous.
A penalty arises for any failure to comply with RPAPL 735's requirement to deliver or af-
fix and mail in substituted and conspicuous service. When a statute requires multiple acts to
effect and complete service, omitting any part requires dismissal even if notice is received. (
E.g. Raschel v. Rish, 69 N.Y.2d 694, 697, 512 N.Y.S.2d 22, 504 N.E.2d 389 [1986].)
The last step in serving process is filing proof of service. Within three days of serving a
copy of the petition and notice of petition, the original notice of petition must be filed, with
proof of service, with the court clerk. (RPAPL 735[2].) The landlord must then give the clerk
a stamped postcard, addressed to the tenant at the service location, which the clerk uses to no-
tify the tenant, in English and Spanish, that a proceeding has begun. (22 NYCRR 208.42[i][1],
[2].) The return address on the postcard must be the Housing Part in the county where the pro-
ceedings began, and [n]o default judgment for failure to answer shall be entered unless there
has been compliance with this rule. (22 NYCRR 208.42[i][2].)
The tenant's oral or written answer in a nonpayment proceeding triggers RPAPL 732(2),
which directs the clerk *317 to fix a date for trial or hearing not less than three nor more than
eight days from the date the tenant answers the nonpayment petition. Tenants who responded
orally are given an immediate written notice of the date, time, courthouse, and room (part)
where they should appear. RPAPL 732(2) directs the clerk to immediately notify by mail the
parties or their attorneys of such date.
In the event of a default, RPAPL 732(3) directs that the judge shall render judgment in
favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed
ten days from the date of service. Notably, the statute does not command only a judgment of
possession or exclude a judgment for money. Nor is there an opportunity for an inquest in a
nonpayment proceeding. Judgmentand that presumes a money judgment in addition to a
possessory judgmentmust be awarded on default. (Brusco, 84 N.Y.2d at 678, 621 N.Y.S.2d
291, 645 N.E.2d 724.) Thus, in Ichikawa (Richmond**696 County, L & T 53964/96, at 3), the
court granted a default money judgment under RPAPL 732(3) following duly diligent con-
spicuous service because, it held, Brusco compels a final judgment when a tenant defaults.
Once a final judgment is entered but before a warrant of eviction issues under RPAPL 749,
both the court and the clerk review the warrant request and the supporting papers. Among
things reviewed is the landlord's affidavit of nonmilitary service, which affirms that the tenant
is not in military service on active duty and that no occupants depend financially on a named
tenant in the military. This affidavit protects tenants and the families of named tenants serving
outside the state on active military duty. (War and National Defense Soldiers' and Sailors'
Civil Relief Act of 1940, 50 App USC 521; see 107 Cong., 2d session, H.R. 5111, To Re-
state, Clarify, and Revise the Soldiers' and Sailors' Civil Relief Act of 1940, July 12, 2002.)
Page 16
If the court finds a problem with the papers, the warrant may not issue. Once the warrant
issues, the marshal must serve notice in writing of the pending eviction on the tenant, using
the methods required for service of the notice of petitionpersonal-delivery, substituted, or
conspicuous-place serviceand a mailing if not served in hand. This notice must be served at
least 72 hours before the eviction, or six business days with mailings. The time increased from
24 to 72 hours in 1966. (Ch. 750, 3.) And after all that, a tenant may file an order to show
cause to request more time to satisfy the judgment or to vacate it altogether.
*318 Courts since McDonald have cited the evil of sewer service to deny default money
judgments unless the tenant was served in hand. (See e.g. Ressa Family, 193 Misc. 2d at 322,
749 N.Y.S.2d 387, quoting Bruce M. Balter and Michael J. Simone, Outside Counsel, Review-
ing Housing Court and Order[s] to Show Cause, N.Y.L.J., Oct. 11, 2000, at 1, col. 1] [noting
that some tenants ignore petitions because of sewer service]; see also Velazquez v. Thompson,
321 F.Supp. 34, 40 [S.D.N.Y.1970] [The true evil is not the state statutory procedure but its
alleged flagrant abuse by the pernicious process server.], affd. 451 F.2d 202 [2d Cir.1971].)
Citing sewer service to deny only money suggests an unreasonable fear that tenants will be
cheated into losing money but not something more precioustheir homes. In any event, too
many tenants appear in court to conclude that petitions are improperly served en mass, as they
were in the era of Brambir and McDonald: Civil Court statistics * * * completely dispel the
common myth that for the most part, Notices of Petition are ignored in summary proceed-
ings. Tenants answer petitions. (Warren A. Estis and William J. Robbins, Housing
CourtReappraising 15 Years of Positive Changes, N.Y.L.J., Feb. 7, 2001, at 1, col. 1, n. 3
[footnote omitted] [alteration in Estis & Robbins], quoting Administrative Judge Fern Fisher,
in turn quoting and refuting Balter & Simone.)
Sewer service was the reason the Legislature modified CPLR 308 (L. 1970, ch. 852, 1)
to make substituted service equal to in-hand delivery: The purpose of CPLR 308(2) is to dis-
courage sewer servicethe submission of a false affidavit of serviceby giving process
servers an alternative to the sometimes difficult task of making personal delivery to the de-
fendant herself. (Vincent Alexander, Practice Commentaries, McKinney's Cons. Laws of
N.Y., Book 7B, CPLR C308:3, at 20 [2001].) As the Court of Appeals wrote in Feinstein v.
Bergner, 48 N.Y.2d 234, 239, 422 N.Y.S.2d 356, 397 N.E.2d 1161 [1979], the Legislature
made substituted service equal to personal delivery to end the disreputable practice known as
sewer service. It hits the heart of illogic to deny **697 a money judgment on the basis that
substituted service encourages sewer service.
The court is mindful that service of process is not a slapdash affair. There is every reason
that service should be done carefully in landlord-tenant residential summary proceedings. * *
* * [S]aving a few minutes or some effort in a residential context is contemptible for cutting a
corner or two might increase by even one whit the chance of an individual or a family joining
the pool of human misery of the homeless on our *319 streets. (1199 Housing Corp. v.
Griffin, 136 Misc.2d 689, 692, 520 N.Y.S.2d 93 [Civ.Ct., N.Y. County 1987].) But granting
default money judgments will improve the reliability of service as process servers effect more
than reasonable application service. Thus, granting money judgments might lead to fewer
evictions because tenants served well are more likely to appear in court to defend themselves
Page 17
than when they are served only by minimal two-attempt RPAPL conspicuous service. And
granting default money judgments will bring relief to those to whom just debts are due, be-
cause perhaps the most fundamental right of an owner of real property is that of receiving the
rents * * * for the use and occupation thereof. (Matter of Wicking's Estate, 162 Misc. 357,
360, 294 N.Y.S. 598 [Surr.Ct., Kings County 1937].)
McDonald's Constitutional Underpinnings Have Evaporated
In adhering to McDonald, the Ressa court, conceding that Pennoyer no longer binds,
found that subsequent constitutional developments are irrelevant to an interpretation of legis-
lative intent. (Ressa Family, 193 Misc.2d at 321, 749 N.Y.S.2d 387.) Arguing that legislative
developments do not prove legislative intent, however, would be to deny every quality of
the law but its age, and to render it incapable of progress or improvement. (Burnham v.
Sup.Ct., 495 U.S. 604, 619, 110 S.Ct. 2105, 109 L.Ed.2d 631 [1990], quoting Hurtado v. Cali-
fornia, 110 U.S. 516, 529, 4 S.Ct. 111, 28 L.Ed. 232 [1884].)
Consistent with state sovereignty and to prevent abuses against nonresidents, Pennoyer
held that only in-hand delivery confers personal jurisdiction to grant a money judgment. (See
95 U.S. at 727729, 733734.) Pennoyer was the law from 1877 until International Shoe Co.
v. State of Washington, Office of Unemployment Compensation & Placement, 326 U.S. 310,
316317, 66 S.Ct. 154, 90 L.Ed. 95 [1945] held that a nonresident need not be physically
present within a state to be afforded due process. Under International Shoe, options to in-hand
delivery like substituted or conspicuous service can establish personal jurisdiction over a
nonappearing, defaulting defendant. (Id. at 316, 66 S.Ct. 154.) International Shoe set the due-
process test for personal jurisdiction: certain minimum contacts * * * such that the mainten-
ance of the suit does not offend traditional notions of fair play and substantial justice. (Id.
at 317, 66 S.Ct. 154, quoting Milliken v. Meyer, 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278
[1940].) One hundred years after Pennoyer, the Court extended International Shoe's minim-
um-contacts test to actions in rem. (See Shaffer v. Heitner, 433 U.S. 186, 212, 97 S.Ct. 2569,
53 L.Ed.2d 683 [1977].)
[3] Under International Shoe and its progeny, courts may now invoke personal jurisdiction
over litigants served other than in *320 hand if they are served by a method reasonably calcu-
lated to notify them. (Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 796 n. 3, 103 S.Ct.
2706, 77 L.Ed.2d 180 [1983]; Greene v. Lindsey, 456 U.S. 444, 455, 102 S.Ct. 1874, 72
L.Ed.2d 249 [1982]; Lancaster v. Colonial Motor Freight Line, Inc., 177 A.D.2d 152, 157,
581 N.Y.S.2d 283 [1st Dept.1992], lv. dismissed 82 N.Y.2d 920, 610 N.Y.S.2d 154, 632
N.E.2d 464 [1994].)
**698 The Legislature's grant of jurisdiction in RPAPL 735 is constitutional. In Velazquez
v. Thompson, 451 F.2d 202 [2d Cir.1971], the Second Circuit addressed constitutional chal-
lenges to RPAPL 735 under the Fourth, Fifth, and Ninth Amendments, as applied to the states
through the Fourteen Amendment's Due Process Clause. The court cited Mullane v. Central
Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 [1950] and other
considerations to determine that RPAPL 735 service satisfies due process. (See 451 F.2d at
205; accord Bossuk v. Steinberg, 58 N.Y.2d 916, 918919, 460 N.Y.S.2d 509, 447 N.E.2d 56
[1983, mem.] [describing Mullane as hornbook law].)
Page 18
Granting default money judgments will occasionally lead to erroneous money judgments,
just like mistakes are made on defaults in plenary actions. Before prejudice arises, however,
the mistake can be rectified, whether the tenant is in or out of possession, by an order to show
cause or motion to vacate the money judgment on a showing of an excusable default and a
meritorious defense. But in constitutional terms, the reasoning in McDonald and its progeny
that substituted and conspicuous service do not meet due process has been invalid for fifty-
eight years. That is why most scholars agree that money judgments must be awarded after
such service.
Most Scholars Believe That Substituted and Duly Diligent Conspicuous Service Should
Lead to Default Money Judgments
[4] Changes to underlying statutes should affect opinions relying on the statutes because
when the reason for the rule ceases, the rule also ceases. (Thomas Crimmins Contracting
Co., Inc. v. City of New York, 138 A.D.2d 138, 144, 530 N.Y.S.2d 779 [1st Dept.1988], affd.
74 N.Y.2d 166, 544 N.Y.S.2d 580, 542 N.E.2d 1097 [1989], quoting Arthur Linton Corbin,
Contracts 652, at 790791 [Colin K. Kaufman, 1984 Supp.]; accord. Funk v. United States,
290 U.S. 371, 385, 54 S.Ct. 212, 78 L.Ed. 369 [1933]; Marshall v. Moseley, 21 N.Y. 280, 292
[1860]; Oliver Wendell Holmes, The Path of Law, 10 Harv.L.Rev. 457, 469 [1897], reprinted
in 110 Harv.L.Rev. 991, 1001 [1997].)
Although summary proceedings have changed since 1929, McDonald continues to run de-
cisions aground on its sandbar. Moreover, although the Laws of 1954 (ch 529, 1) added the
rea-*321 sonable application standard governing service of process to CPA 421, the pre-
cedessor of today's RPAPL 735, McDonald plies the waters like a ghost ship. Leading New
York commentators have therefore turned to the CPLR to dislodge summary proceedings from
McDonald's shoals to advocate for the result most faithful to the Legislature's intent in joining
proceedings for possession and arrears.
Faced with McDonald, these commentators analyze the different standards of RPAPL 735
and CPLR 308 service. They conclude, as this court does, that no constitutional, statutory, or
practical reason prevents duly diligent plenary-action CPLR 308(4) conspicuous service from
conferring personal jurisdiction in RPAPL summary proceedings. For the most part they also
conclude that substituted service requires a money judgment as well.
Treiman and Feder articulate McDonald's entrenched orthodoxy: Basic black-letter law
for the landord-tenant practitioner is that a landlord may not obtain a money judgment on de-
fault in a summary proceeding unless he effected personal service or the tenant appeared.
(David M. [now Dov Hellbrueck] Treiman and Craig S. Feder, Outside Counsel, Default
Money Judgments In Summary Proceedings, N.Y.L.J., July 30, 1985, at 1, **6998 col 2.) But,
they explain, the policy underlying this rule has in recent years evaporated, and McDonald
has increased the oppression of impoverished tenants by increasing the real cost of low in-
come housing. (Id.)
Andrew Scherer, the Executive Director of Legal Services for New York City, notes that
[i]f the tenant defaults in a nonpayment proceeding by failing to appear at all, the petitioner
may have only a possessory judgment and not a judgment for rent due unless the respondent
Page 19
was personally served with process, or served in compliance with the CPLR 'due diligence'
standard, in which case the petitioner can get a money judgment as well. (Scherer, supra,
15:11, at 15-6, 7.) Professor Scherer includes substituted service in his phrase personally
served. In amending CPLR 308 in 1970, the Legislature made both personal delivery and
substituted service personal service. (L 1970, ch. 852, 1.) (Cf. Callen v. De Koninck, 23
A.D.2d 757, 757, 258 N.Y.S.2d 627 [2d Dept.1965, mem.[ [holding, pre-CPLR 308(2) amend-
ment, that default money judgments are proper when court order permits substituted service
on tenant evading service].)
Professor Scherer elaborates: [T]o obtain amoney judgment upon an initial tenant default
in appearing where nonpersonal *322 service was issued, a petitioner must satisfy the more
stringent requirement of 'due diligence' contained in CPLR 308. (Scherer, supra, 15:12, at
15-7.) In his view, a trial court must grant [a] money judgment [if] the process server * * *
used 'due diligence' before resorting to conspicuous place service. (Id.)
Professor Siegel similarly argues against McDonald's prohibition:
The RPAPL 735 alternative of deliver-and-mail [substituted service] is today analogous
to the deliver-and-mail method of CPLR 308(2), which gives personal jurisdiction in an ac-
tion without any need to show a prior effort at personal delivery under CPLR 308(1). Insofar
as mechanics alone are involved, therefore, a deliver-plus-mail service under RPAPL 735
should also support a rent judgment. (Siegel, N.Y. Prac. 575, at 952.)
[A]n affix-and-mail [conspicuous] service under RPAPL 735 apparently would not
[confer personal jurisdiction], however, unless it is demonstrated that the other methods
proved unavailing despite diligent effort. It would be the analogue of CPLR 308(4)
[conspicuous service], which does not offer personal jurisdiction unless diligence is shown
in attempting previously listed methods. (Id. at 952 n. 15.)
Judge Dolan's Rasch mostly concurs: [B]efore a landlord can be entitled to a money judg-
ment, it must be established that the petition and notice of petition were served personally; or
that substituted or conspicuous place service was resorted to only after due and diligent efforts
to serve it personally met with failure; or that the tenant appeared voluntarily. (3 Dolan,
supra, 45:14, at 172.) Although Judge Dolan believes that duly diligent conspicuous service
allows a money judgment, he writes that substituted service may be used only after due dili-
gence is exercised in attempting in-hand delivery. On this last point, respectfully, he errs.
Since CPLR 308's 1970 amendment, substituted service confers personal jurisdiction. (See
e.g. Eugenis, N.Y.L.J., Mar. 14, 2001, at 21, col. 6 [noting that Judge Dolan's Rasch is tech-
nically incorrect]; Touhamy, 187 Misc.2d at 552554, 723 N.Y.S.2d 606 [finding that court
has personal jurisdiction to award money after substituted service without due diligence in at-
tempting personal delivery]; Berman, **700 Richmond County, L & T 506688/00, at 2
[same].)
Last, Richmond County Justice Ponterio wrote while serving as a Civil Court judge hand-
ling Staten Island's landlord-tenant *323 docket that [i]f a money judgment is sought, service
must be made pursuant to CPLR 308. In this regard, a summary proceeding is no different
Page 20
from a plenary action. On the other hand if only a possessory judgment is sought, service may
be made pursuant to RPAPL 735. (Frank V. Ponterio, From the Bench, Richmond County
Bar Journal 4, 4 [Holiday Issue 1990].)
These scholars conclude that CPLR 308 and RPAPL 735 meld to require default money
judgments. They cannot all be wrong and be all wrong.
Melding CPLR 308's Due Diligence with RPAPL 735's Reasonable Application
Melding the CPLR with the RPAPL in attempting personal delivery before conspicuous
service has critics: nowhere has it been suggested by the Legislature that CPLR 308 should
somehow be incorporated into RPAPL 735 * * * * The attempted amalgamation of CPLR 308
and RPAPL 735 is necessary solely due to the misunderstanding of the rule of McDonald. (
Ressa Family, 193 Misc.2d at 320, 749 N.Y.S.2d 387.) One student even argued that any
melding impose[s] a double-standard in obtaining in personam jurisdiction [and] incorpor-
ate[s] into our law a novel practice that would run contrary to a long-established uniform-
ity, (Bass, supra, at 14 [italics in original], quoting McDonald, 225 A.D. at 406, 233 N.Y.S.
368), although Ressa itself noted that the utilization of alternative means of service to per-
sonal [delivery] is no longer novel or a break with uniformity. (Ressa Family, 193
Misc.2d at 321, 749 N.Y.S.2d 387.)
Despite the criticism of using service under the heightened due-diligence standard from
CPLR 308(4) in RPAPL-governed summary proceedings, legislative intent, maxims of stat-
utory interpretation, and CPLR 103(b) and 403(c) compel amalgamation. RPAPL 735 sets out
the manner to serve the petition and notice of petition for summary proceedings, but CPLR
403(c) permits CPLR 308 methods of service to be used in addition to RPAPL 735 methods of
service. According to CPLR 403(c), A notice of petition shall be served in the same manner
as a summons in an action. Thus, if a process server resorts to conspicuous service in a sum-
mary proceeding after being duly diligent in attempting personal serviceeither in hand or
substitutedthen conspicuous service confers in personam jurisdiction over the defaulting
tenant and allows the landlord to receive a money judgment. (Oppenheim v. Spike, 107
Misc.2d at 56, 437 N.Y.S.2d 826; Scherer, supra, 15:12, at 157.)
Similarly, CPLR 103(b) (L. 1962, ch. 308, 1, eff. Sept. 1, 1963) provides that [e]xcept
where otherwise prescribed by *324 law, procedure in special proceedings shall be the same
as in actions, and the provisions of the civil practice law and rules applicable to actions shall
be applicable to special proceedings. The CPLR Advisory Committee Notes for CPLR
103(b) explain that under subd (b) the new CPLR is generally applicable in special proceed-
ings except to the extent that procedure is otherwise provided for. CPLR 105, Definitions,
provides in (b) that [t]he word action includes a special proceeding * * * * And a sum-
mary proceeding is a special proceeding. (RPAPL 701; Clarke v. Wallace Oil Co., 284 A.D.2d
492, 493, 727 N.Y.S.2d 139 [2d Dept.2001, mem.]; MSG Pomp Corp. v. Doe, 185 A.D.2d
798, **701 799, 586 N.Y.S.2d 965 [1st Dept.1992, mem.].)
Melding CPLR 308 with RPAPL 735 protects tenants. While CPLR 308(4) adds due dili-
gence, RPAPL 735(1) adds a certified or registered mailing requirement and restricts service
to the property sought to be recovered, as opposed to CPLR 308(4), which allows affixment
Page 21
elsewhere. Combined, CPLR 308 and RPAPL 735 protect tenants better than either alone. Per-
sonal jurisdiction is therefore obtained when the affixing comports with RPAPL 735's location
requirement and when a landlord shows due diligence in attempting personal delivery or sub-
stituted service before resorting to conspicuous service.
What Constitutes Due Diligence to Award Money?
CPLR 308's due-diligence standard in attempting to effect in-hand or substituted service
before effecting conspicuous service contrasts with RPAPL 735's lower reasonable-applica-
tion standard. Under RPAPL 735, although the effort the process server must make is less
than that required under CPLR 308 (subd. 4) (due diligence), the effort must have some ex-
pectation of success * * * * The attempt must be made at a time when the process server could
reasonably expect someone to be home. (Brooklyn Heights Realty Co. v. Gliwa, 92 A.D.2d
602, 602, 459 N.Y.S.2d 793 [2d Dept.1983, mem.], citing Parkchester Apts. Co. v. Hawkins,
111 Misc.2d 896, 897, 447 N.Y.S.2d 194 [App Term, 1st Dept.1981, per curiam].) One at-
tempt at in-hand or substituted service must be made during working hours, between 8:00 a.m.
and 6:00 p.m., and a second in the morning between 6:00 and 8:00 a.m. or in the evening
between 6:00 and 10:30 p.m. (1199 Housing, 136 Misc.2d at 691, 520 N.Y.S.2d 93.)
No brightline test elevates conspicuous service that confers in rem jurisdiction under
RPAPL 735's reasonable-application standard over duly diligent conspicuous service that con-
fers personal jurisdiction: [I]n determining the question of whether *325 due diligence has
been exercised, no rigid rule could properly be prescribed. (Barnes v. City of New York, 51
N.Y.2d 906, 907, 434 N.Y.S.2d 991, 415 N.E.2d 979 [1980, mem.].) The most common factor
separating reasonable application from due diligence, however, is the number of attempts at
in-hand or substituted service.
[5] Two responsible attempts at in-hand or substituted service before resorting to con-
spicuous service satisfy reasonable application but not due diligence. (E.g. Lama Holding Co.
v. Linden, 184 A.D.2d 314, 314, 584 N.Y.S.2d 308 [1st Dept.1992, mem.].) Only three or
more responsible attempts suffices to award money on default. (See e.g. Johnson v. Waters,
291 A.D.2d 481, 481, 738 N.Y.S.2d 369 [2d Dept.2002, mem.] [[T]hree attempts to make
service of the summons and complaint upon the defendant at his residence at different times
and on different days * * * were sufficient to constitute due diligence.]; Ichikawa, Richmond
County, L & T 53964/96 [awarding default money judgment on conspicuous service on fourth
attempt at in-hand service]; Shared Equities, N.Y.L.J., Apr. 24, 2002, at 18, col. 4[[T]hree at-
tempts at personal delivery must be made before conspicuous service is resorted to; then
money must be awarded on default]; Fleming, 178 Misc.2d at 727, 680 N.Y.S.2d 427
[granting default money judgment on third in-hand-service attempt].)
In Dolan, the nonpayment proceeding, the process server attempted four times to deliver
the petition and notice of petition personally before she turned to conspicuous service. She re-
sponsibly attempted to **702 serve the papers at such times and on different days that due di-
ligence is satisfied. Landlord is therefore entitled to a money judgment, despite the differing
time periods in plenary actions and summary proceedings for tenants to answer.
The Different Answering Periods in the CPLR and RPAPL are Irrelevant
Page 22
CPLR 308 and 320 and RPAPL 732 (nonpayments) and 743 (holdovers) give tenants time
to answer a complaint or a petition. CPLR 308(2) requires filing proof of service within 20
days of mailing the summons and complaint. Service is complete for substituted or conspicu-
ous service 10 days after filing, which starts the time to answer. Under RPAPL 732(1), [t]he
notice of petition shall be returnable before the clerk, and shall be made returnable within five
days after its service [completion]. RPAPL 732(2) provides that [i]f the respondent answers,
the clerk shall fix a date for trial or hearing not less than three nor more than eight days after
joinder of issue *326 * * * * Given these differences, some opine that the time to answer in
summary proceedings is too short for a default to result in a money judgment. (See e.g. Eu-
genis, N.Y.L.J., Mar. 14, 2001, at 21, col. 6; Fairhaven Apts. No. 6, 72 Misc.2d at 592, 339
N.Y.S.2d 787; Bass, supra, at 1114.)
Although CPLR and RPAPL time-to-answer differences are relevant when a tenant an-
swers, they are irrelevant when a tenant does not. Under RPAPL 732(3), if a tenant fails to an-
swer a nonpayment petition within five days of service, the judge may not stay the issuance of
the warrant for more than 10 days from the date of service. Moreover, the RPAPL's shorter
answering timeframe has no effect on whether a court's jurisdiction is personal or only in rem.
Accordingly, a court should award money on default regardless. (E.g. Macerich Queens, 192
Misc.2d at 278, 746 N.Y.S.2d 341.) As one court explained, rules setting out the time to an-
swer or appear * * * * do not provide for the method of service of process and do not affect
the validity of service. Thus, they do not relate to jurisdiction. (Plaza 400 Owners Corp. v.
Resnicoff, 168 Misc.2d 837, 841842, 640 N.Y.S.2d 984 [Civ.Ct., N.Y. County 1996].)
This court therefore agrees with Professor Siegel that default money judgments should be
granted on melding CPLR 308 with RPAPL 735 because time-to-answer
distinctions are unwarranted. Nothing prevents the legislature from stipulating a shorter no-
tice period for rent in a summary proceeding than it requires for a money claim in an action,
as long each procedure satisfies due process. The legislature has expressly authorized a rent
judgment in a summary proceeding, as well as the awarding of repossession, and has drawn
the service requirements in RPAPL 735 without distinguishing between them based on
method of service. (Siegel, supra, 575, at 953 [footnotes omitted], cited in Berman, Rich-
mond County, L & T 506688/00, at 2 [discounting timeframe distinction].)
The compressed timeframe between the time to answer and the possibility of default has
been a fixture of landlord-tenant law since summary proceedings began in 1820.
Conclusion
Recovering arrears is important in both nonpayment and holdover proceedings. Landlords
face recurring fixed costs: real-estate taxes, mortgage payments, insurance premiums, main-
tenance*327 costs, heating bills, and water and sewage assessments, to name a few. Maintain-
ing steady cash flow from timely rental payments is vital. **703 Small landlords need ongo-
ing rent to meet ongoing expenses.
Mirroring the first law of thermodynamics, which holds that energy is neither created nor
destroyed but merely transformed, defaulted rents do not waft away. They translate into high-
Page 23
er costs for other tenants, especially because landlords cannot screen for tenants who have de-
faulted. Searching the court records will reveal whether a tenant was involved in landlord-ten-
ant proceedings; it will not reveal whether a tenant left arrears in default. RPAPL 747(4)
provides that such judgment need not be recorded or docketed in the books, if separately
maintained, in which are docketed money judgments in an action.
RPAPL 741(5) provides that the court may enter a judgment for rent due. Section 747(4)
authorizes the court to enter a judgment for such money as [the court] may award for rent or
otherwise. And the Housing Part may render judgment for rent due without regard to
amount. (3 Dolan, supra, 45:13, at 172; accord CCA 110[a][5].) These provisions allow
the unified court system to award money and possession in one case.
Thus, the court acquires personal jurisdiction over a defaulting tenant when the petition
and notice of petition are served in a summary proceeding using conspicuous-place service
after due diligence in attempting personal delivery or substituted service. A landlord is there-
fore entitled to a default judgment of possession and a default money judgment for the arrears
demanded in the nonpayment petition if the tenant fails to answer the petition or to date if the
landlord proves at a holdover inquest that use and occupancy is due.
Furthermore, because substituted service equals in-hand personal delivery in summary
proceedings, the court has personal jurisdiction to grant a default money judgment for the ar-
rears demanded in a nonpayment petition if a tenant fails to answer the petition or to date after
the landlord proves at a holdover inquest that use and occupancy is due.
[6] The court awards only the rent demanded in the Dolan nonpayment petition and the
use and occupancy through the Maxean holdover inquest date. The court may not, on default,
award legal fees, late fees, or anything but the sum certain of arrears and use and occupancy,
even as a nonpossessory judgment. (See e.g. Port Chester Hous. Auth. v. Turner, 189 *328
Misc.2d 603, 604, 734 N.Y.S.2d 805 [App.Term, 2d Dept.2001, mem.] [holding it erroneous
in nonpayment proceeding to award on default more than landlord demands in petition or, un-
less clearly authorized, to award nonrent items, even if characterized as additional rent].)
As Professor Siegel observed, This conflict has been around for too long, apparently be-
cause the stakes in any individual case have been too small to warrant full and persistent ap-
pellate steps by either side. (David D. Siegel, Jurisdiction for Rent Judgment, 127 Siegel's
Practice Review 3, col. 3 [Sept.2002].) Perhaps this opinion will help lead to appellate clari-
fication.
N.Y.City Civ.Ct.,2003.
Dolan v. Linnen
Judges | Attorneys
Page 24
Judges
Lebovits, Hon. Gerald
State of New York, New York City Civil Court, New York County
New York, New York 10013
Attorneys
Attorneys for Petitioner
Miller, Scott Alan
Ithaca, New York 14850
Piazza, Mark S. Esq.
Staten Island, New York 10301
END OF DOCUMENT
Page 25
Supreme Court, Appellate Term, New York,
First Department.
J.D. REALTY ASSOCS., a Partnership, Appellant,
v.
Linda SCOULLAR et al., Respondents, et al., Respondents.
v.
Nona J. RUSSELL et al., Respondents, et al., Respondents.
v.
Anne NEWHALL, Respondent, et al., Respondents.
v.
Debbie WEISZ, Respondent, et al., Respondents.
v.
Robert SHANLEY, Respondent, et al., Respondents.
v.
Michael JORRIN, Respondent, et al., Respondents.
July 23, 1996.
Summary nonpayment proceedings were dismissed by the Civil Court, New York County,
Stallman, J., 166 Misc.2d 175, 632 N.Y.S.2d 441. Appeal was taken. The Supreme Court, Ap-
pellate Term, held that: (1) three-day demand seeking payment of any arrears may be due for
three or four-year period was too indefinite to serve as predicate for summary eviction pro-
ceeding, but (2) demand that specifically itemized rents due by month provided adequate no-
tice.
Affirmed.
West Headnotes
233k297 Demand or Notice
233k297(2) k. Sufficiency of notice or demand. Most Cited Cases
Page 1
169 Misc.2d 292, 650 N.Y.S.2d 67
Three-day demands for rent by landlord's assignee, demanding arrears which may be due
for three to four-year period commencing some six years earlier, were too indefinite and equi-
vocal to serve as predicate for summary eviction proceeding; petitioner lacked knowledge of
amounts owed and amounts paid to its predecessors in interest.
233k297 Demand or Notice
233k297(2) k. Sufficiency of notice or demand. Most Cited Cases
Rent specifically itemized by month in three-day demands for rent were sufficiently spe-
cific to warrant summary proceedings; tenants were on notice that summary proceedings
would be commenced unless total sum demanded was paid within three days.
**68 *293 Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C., New York City
(Jeffrey R. Metz, of counsel), for appellant.
Fischman & Heaney, New York City (Mitchell P. Heaney, of counsel), for respondents.
Before PARNESS, J.P., and FREEDMAN and DAVIS, JJ.
PER CURIAM.
Order dated September 12, 1995 (Michael D. Stallman, J.) modified by denying tenants'
motions for summary judgment and by reinstating the nonpayment petitions only insofar as
they seek possession for itemized rent arrears for the months ending May 1995; as modified,
order affirmed, without costs.
[1] At issue in these six consolidated nonpayment proceedings is the validity of petition-
er's three day demands for rent. We agree for the reasons stated by Civil Court that the notices
, insofar as they demanded any and all arrears which may be due for a three to four year
period commencing June 1989, were too indefinite and equivocal to serve as a predicate for a
summary eviction proceeding. It is apparent that petitioner, an assignee of the rents in suit,
lacks knowledge as to the amounts which may be owed and the amounts paid to its prede-
cessors in interest. The disclosure petitioner seeks in order to ascertain the remote arrears dat-
ing back to 1989 is more appropriately invoked in the context of a plenary action.
[2] As to the more recent rents, which were specifically itemized by month through the
May 1995 date of the rent demands, *294 the nonpayment petitions may go forward. These
amounts were not speculative or hypothetical, and tenants were on notice that unless they paid
the total sum demanded within three days, summary proceedings would be commenced.
Petitioner's motions to strike tenants' jury demands and for other relief, not reached below,
may be renewed in the Civil Court.
Page 2
169 Misc.2d 292, 650 N.Y.S.2d 67
N.Y.Sup.,1996.
J.D. Realty Associates v. Scoullar
169 Misc.2d 292, 650 N.Y.S.2d 67
Judges | Attorneys
Judges
Freedman, Hon. Helen E.
State of New York Supreme Court, Appellate Division, 1st Department
Litigation History Report | Judicial Motion Report | Judicial Reversal Report | Judicial Expert
Challenge Report | Profiler
Stallman, Hon. Michael D.
State of New York Supreme Court, 1st Judicial District, Civil Term
Attorneys
Attorneys for Appellant
Metz, Jeffrey R.
Attorneys for Respondent
Heaney, Mitchell P.
END OF DOCUMENT
Page 3
169 Misc.2d 292, 650 N.Y.S.2d 67
Civil Court, City of New York,
Bronx County.
DEERN REALTY CORP., Petitioner-Landlord,
v.
BRONX STATUTORY, Annette Fashions, and Inwood Maternity, Respondents-Tenants.
Jan. 2, 1979.
Landlord brought action to recover rent arrears and possession of individual store
premises, and tenants moved to dismiss. The Civil Court of the City of New York, Bronx
County, Benjamin F. Nolan, J., held that where possession of property had been awarded to
city in an In Rem foreclosure proceeding in Bronx Supreme Court, possession could not be
awarded to landlord in summary proceedings and landlord was precluded from recovering rent
in summary proceeding.
Ordered accordingly.
West Headnotes
[1] Evidence 157 43(4)
157 Evidence
157I Judicial Notice
157k43 Judicial Proceedings and Records
157k43(4) k. Proceedings in Other Courts. Most Cited Cases
Civil Court of Bronx County would take judicial notice of judgment in Bronx Supreme
Court in In Rem foreclosure proceeding whereby city had been awarded possession of and
title to property.
Where possession of premises could not be awarded to landlord in summary proceedings
because city had been awarded possession of and title to the property in a previous In Rem
foreclosure proceeding, landlord was precluded from recovering rent in the summary proceed-
ings.
Page 1
98 Misc.2d 642, 414 N.Y.S.2d 439
There is no right to rent in a summary proceeding unless possession also is a concomitant
right.
*642 **440 Kenneth P. Mintz, Kew Gardens, for petitioner-landlord.
Samuel Kowal, New York City, for respondents-tenants.
BENJAMIN F. NOLAN, Judge.
On December 21, 1978, oral argument was heard on tenants' oral motions to dismiss the
petitions in these commercial summary proceedings on grounds that as a result of an In Rem
foreclosure proceeding in Bronx Supreme Court petitioner has lost the right to possession of
the premises.
These three proceedings were commenced in this court on November 22, 1978 to recover
rent arrears and possession of individual, store premises in the building at 401 East 163rd
Street, Bronx, New York. Answers have been interposed in each proceeding, alleging (1) lack
of lawful service of process, (2) improper party-defendant, (3) violations, (4) breach of lease,
(5) lack of heat, (6) lack of elevator service, (7) lack of hot water, (8) leaking pipes and (9)
broken and open sewer line.
[1][2][3] The In Rem action (Bronx Supreme Court Index No. 4000-77) was brought
pursuant to Chapter 17 of the Administrative *643 Code of the City of New York to foreclose
against a number of properties. Included among them was Action 31, Serial 812, brought to
foreclose on some $79,000.00 worth of delinquent real estate and water/sewer tax liens
against the building at 401 East 163rd Street (Lot 7, Block 2391, Section 9) in which the com-
mercial premises are located. The delinquent taxes had remained due and unpaid for three
years or more. On November 16, 1977, this petitioner, DEERN REALTY CORP., served an
Answer in that action. On August 8, 1978, a judgment of foreclosure was entered in the over-
all action, which provided for severance of any parcels as to which an Answer had been inter-
posed, with leave to the City of New York to proceed against such Answer to a final disposi-
tion under the caption of the foreclosure action. The property of this petitioner, DEERN RE-
ALTY, was among the parcels severed because of its Answer interposed on November 16,
1977. On November 9, 1978, the City of New York, by motion returnable on November 23,
1978, moved for an order striking petitioner DEERN REALTY'S Answer. On the return date
of that motion, petitioner defaulted, and, on December 11, 1978, the Supreme Court granted
the City's motion and called for judgment to be settled. Since a judgment of foreclosure in the
overall In Rem action had already been entered under the caption of the action, it was ne-
cessary for the Supreme Court to reflect the foreclosure against the DEERN property in a sup-
plemental judgment of foreclosure under the same caption, which was signed on December
28, 1978, and which awarded possession of and title to the DEERN property to the City of
Page 2
98 Misc.2d 642, 414 N.Y.S.2d 439
New York. Since this court takes judicial notice of that action and the aforementioned judg-
ment of December 28, 1978, there is no way that possession can hereafter be awarded to peti-
tioner DEERN REALTY CORP. in these summary proceedings; and, there is no right to rent
in a summary proceeding unless possession also is a concomitant right. (3 Rasch, New York
Landlord & Tenant, 2nd ed., Section 1356; Brown v. Ritter, App.Term. 2nd dep't, Law Journ-
al, December 21, 1977; Estragon Realty Corp. v. Jensen, App.Term, 2nd dep't, Law Journal,
November 21, 1977). Accordingly, tenants' oral motions to dismiss these summary proceed-
ings is granted, without prejudice to petitioner's right, if any, to bring a plenary action for the
back rent in the regular part of the Civil Court or the Supreme Court. **441 The issues raised
by the Answers, including lack of in personam jurisdiction, are thus rendered moot.
N.Y.City Civ.Ct., 1979.
Deern Realty Corp. v. Bronx Statutory
98 Misc.2d 642, 414 N.Y.S.2d 439
END OF DOCUMENT
Page 3
98 Misc.2d 642, 414 N.Y.S.2d 439

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