Opening Brief. Good day, my name is Ian J Toppler,

Transcription

1 Good day, my name is Ian J Toppler, I am filing this appeal regarding district court case number A A, dismissed without a hearing, which was an appeal from the Justice Court, case number 16A001148, which was dismissed on unethical grounds. Everything proving this is within this document. Before I begin, you should note a few important facts. One, the defendant stated on 25 October, 2016, that Henriott Real Estate Services, LLC was using the FFN Real Property Management Las Vegas, and that is why they are the liable party. The only company in the History of Nevada to have both the FFN and d/b/a Real Property Management Las Vegas on state record, since the 1800s, is Real Property Management of Las Vegas, LLC s (RPMLV LLC) Owner Tod Wever, the defendant in my case. Two, the defendant in my case stated there was no monetary tie between myself and his company. I have provided snap shot images from three of my bank statements from March 2014, December 2014, and most importantly June 2015 (see Fig 25, 26, 27) of direct deposit rent payments from Real Property Management of Las Vegas, LLC. This money trail alone proves that RPMLV LLC was the company managing my property and accounts, and not Henriott real Estate Services, LLC which was permanently shut down on March 31, 2015 (see Fig 6). I can provide every monthly bank statement from 2010 through 2015 that you would wish to see showing the Defendant in my case was managing my account and my property. Also, The Defendant claimed to have taken over on 28 May, 2015 from the company Henriott Real Estate Services. I was received information on 23 November, 2016, per the NRED record, provided by NRED Daryl McCloskey, that RPMLV LLC Owner Tod Wever filed his initial complaint to stop doing business with Henriott Real Estate Services, LLC on October 07, 2014, and after Henriott Real Estate Services had stopped d.b.a/contact with RPMLV in June 2014 (per Clark County of Nevada official FFN records provided by Clerk). Everything within my case happened on and after June See Figure 22, 23, and 24. This also proves everything in Justice Smith and Jansen s statement of fact to be false, and proves my claim is valid for appeal on top of the rest of the overwhelming evidence which was provided to the district court by the lower court on 11/21/2016, before Justice Smith made his decision to dismiss on 11/22/2016. In addition to the Clark County of Nevada FFN information provided by the clerk, here is the explanation I provided as to why my contract was with Real Property Management of Las Vegas, LLC (RPMLV) and not Henriott Real Estate Management Services, LLC (HRES), and why Justice Smith s conclusion is false. To start with, the section of the contract that Justice Jansen and Smith claim to based their decision on states the following: Ian J Toppler the undersigned owner hereby employs the undersigned Manager, Henriott Real Estate Services, LLC, d/b/a Real Property Management Las Vegas, exclusively to rent lease, operate, and manage real property situated at: 8021 Copperhead Creek st, Las Vegas, NV The key words here are d/b/a, Doing Business As. The defendant and Justice Jansen claimed that the contracted company was using the FFN Real Property Management Las Vegas (which is what Justice Smith is attempting to claim, and I can easily disprove). Page 1 of 36

2 The facts of the case are Henriott Real Estate Services, LLC was working for and doing business as the company Real Property Management Las Vegas, which employed Rex Henriott as a broker and not Property Manager (which section 12: ASSIGNABILITY of the contract proves on its own.) Section 12 also proves that Real Property Management of Las Vegas, LLC did exist before May Justice Smith and Jansen claim it did not. This is in addition to the evidence below from City of Henderson and Clark County of Nevada Clerks that prove RPMLV LLC was the sole Property Manager. HRES was not business licensed for either Property Management of Brokerage in Clark County of Nevada. On 25 October, 2016, I attend Justice court against my property management company Real Property Management of Las Vegas, LLC (RPMLV LLC) and RPMLV LLC Owner Tod Wever. The Justice of the Peace William D Jansen conducted refused to look at (or take into consideration) any of my evidence, and accepted Real Property Management of Las Vegas, LLC Principle Owner Tod Alexander Wever s perjury, fraud, misrepresentation of facts, and deceit as Statement of Facts. This is despite Mr. Wever s statements being proven false by the evidence and records I offered and provided to the court from the Property Management Agreement, Nevada Secretary of State, Clark County of Nevada, Las Vegas Justice Court records, and Nevada Real Estate Division. I would note before reading on, as will be seen below, that the business Henriott Real Estate Services, LLC has never held a property management or broker Business License in the state of Nevada, per Clark County of Nevada Clerk and City of Henderson records. In the Statement of Fact and Conclusions of Law, Justice of the Peace William D Jansen stated the following: STATEMENT OF FACT: Plaintiff signed a contract with Henriott Real Estate Services, LLC to manage his property here is Las Vegas. Mr. Wever who was an employee of Henriott Real Estate Services, LLC negotiated the management contract between Henriott Real Estate Services, LLC and the Plaintiff. Mr. Wever advised he was not personally involved in the management of the Plaintiff s property until he became licensed on May 28 th Henriott Real Estate Services, LLC had the license take away for embezzling monies for the company. Board of Realtors gave Tod Wever the go ahead under his license to take over Henriott Real Estate Services, LLC. On May 28 th 2015 Mr. Wever opened a new company called Real Property Management and managed Plaintiff s property from May 28 th 2015 until July 2015 when the Tenants were evicted. CONCLUSION OF LAW: Court finds that since the contract was between Henriott Real Estate Services, LLC and not with Defendant s Tod Wever Real Property Management Las Vegas, that Plaintiff sued wrong party. Plaintiff failed to prove what damages occurred during the three-month period Defendant s company managed the property. Everything stated by Mr. Wever and Justice Jansen s Statement of Fact are blatant lies, and poorly chosen. The following evidence was brought and provided to the court, and ignored by Justice Jansen and Justice Smith. Page 2 of 36

3 The following is a list of the evidence provided to the court that disproves all statements in Justice Jansen s Findings of Fact and Conclusions of Law: Item 1: On May 28 th 2015 Mr. Wever opened a new company called Real Property Management The company Real Property Management has been owned and operated by another person since 12/31/2013 and was not founded by Tod Wever in See Figure 1. The company I am suing is Real Property Management of Las Vegas, LLC, Owner Tod Wever (defendant). Per the Nevada Secretary of State, the business Real Property Management of Las Vegas, LLC was filed with the Nevada Secretary of State on 10/2/2008. Officers listed are Tod Wever and Holly Wever, with Holly Wever listed as the current Registered Agent. NV Business ID: NV See Figure 2. Per the Clark County of Nevada, Real Property Management of Las Vegas, LLC Business License Detailed information, the Property Management Date of License is stated as 12/01/2009. License Number This is clearly 5 years and 5 months before Mr. Wever and Justice Jansen state under oath that Mr. Wever started his company. See Figure 3. Per the Clark County of Nevada Real Property Management of Las Vegas, LLC Business License Detailed information, the Real Estate Broker Date of License is stated as 12/01/2009. License Number See Figure 4. Item 2: the contract was between Henriott Real Estate Services, LLC and not with Defendant s Tod Wever Real Property Management of Las Vegas The contract was with Real Property Management of Las Vegas, LLC, and not Henriott Real Estate Services, LLC. RPMLV LLC undersigned the Manager Rex Henriott from Henriott Real Estate Services, LLC, to do business as Real Property Management Las Vegas exclusively to rent, lease, operate, and manage my property under/employed by Real Property Management of Las Vegas, LLC. It came to light in Jan 2016 that Henriott Real Estate Services, LLC only employed one person, Rex Henriott, and his company has never had a business license to perform property management or brokerage. RPMLV LLC had conducted all the renting, leasing, operations, and management of all the contracted real properties themselves. Mr. Wever attempted in court to misrepresent themselves as if employees working for Henriott Real Estate Services, LLC. (See bank statements below, and the defendants name on the Residential Lease) During court, Mr. Wever stated that nowhere in the contract did it state his company. The Justice was given a copy of the contract by myself and the Defendant. However, Section 12 of the contract states the following, ASSIGNABILITY: This agreement is expressly assignable to another qualified property manager or designated managing broker at the discretion of Real Property Management of Las Vegas, LLC. Page 3 of 36

4 See Figure 5. Note the full contract is included in a CD with the rest of the 350+ pages of evidence provided to Justice Jansen and Justice Smith, for your review. Henriott Real Estate Services, LLC was d/b/a Real Property Management of Las Vegas. Under the employment of RPMLV LLC. As RPMLV LLC did not have a broker on staff, RPMLV LLC hired Henriott Real Estate Services, LLC s Rex Henriott to work for them in the capacity as a designated managing broker. This allowed RPMLV LLC Principle Owner Tod Wever to conduct their business as a property management company. This also proved that the contract was not exclusively with Henriott Real Estate Services, LLC in any form, as Real Property Management of Las Vegas, LLC could have changed the designated managing broker to any other, at any time during the 5 years RPMLV LLC managed my property. On 28 May, 2015, RPMLV LLC Owner Tod Wever legally made himself the designated managing broker at his own discretion. RPMLV LLC illegally conducting the brokerage position for at least 2 months before a brokerage license was awarded. Note the Status and Business License Exp date in Figure 6. Had the contract truly been exclusively with Henriott Real Estate Services, LLC, and not RPMLV LLC as Justice Jansen has stated, it would have become Void and Terminated on 3/31/2015. This was when Henriott Real Estate Services, LLC s business status was revoked by the Nevada Secretary of State. See Figure 6. I discovered Henriott s License had been revoked when I began the legal process in Dec 2015 for the willful misconduct and repeated breach of contract by RPMLV LLC. I informed the Justice that I had never witnessed or had any contact with Rex Henriott during the entire 5 years of my contract with RPMLV LLC. Also, I have multiple s from Real Property Management of Las Vegas employees and the Owner himself identifying themselves as Real Property Management of Las Vegas and that identify Rex Henriott as A Dvision of Henriott Real Estate Sevices, LLC., Rex Henriott Broker which makes him an independent contractor working for Real Property Management of Las Vegas llc, and NOT the Property Management Company. See Figure 20. Additional Information of Note: I was recently provided additional information on 23 November, 2016, per the NRED record, provided by NRED Daryl McCloskey, that RPMLV LLC Owner Mr. Wever filed the first complaint to stop doing business with Henriott Real Estate Services LLC on October 07, 2014, and After Henriott Real Estate Services had stopped contact/communications with RPMLV LLC on June 2014 (per Clark County of Nevada official FFN records provided by Clerk). See Figure 23 and 24. This in itself proves every in Justice Jansen s statement false, and proves my claim is valid for appeal on top of the overwhelming evidence I provided. Item 3: Mr. Wever who was an employee of Henriott Real Estate Services, LLC negotiated the management contract between Henriott Real Estate Services, LLC and the Plaintiff. This statement itself is a breach of the law NRS 645. It was Henriott Real Estate Services, LLC, Rex Henriott, that worked for RPMLV LLC as a broker and not property manager. Per NRS , only licensed real estate broker may have negotiated a contract. NRED records were provided to the Justice proving that Tod Wever was not a licensed real estate broker when the contract was negotiated. See Figure 16. Only Rex Page 4 of 36

5 Henriott held that real estate license and could have negotiated a contract for a company with a Business license to perform property management, which was RPMLV LLC. Per Section 12 of the PMA contract, Henriott Real Estate Services, LLC was assigned by RPMLV LLC, so RPMLV LLC conduct business as a Property Management Company, at RPMLV LLC discretion. Section 12 only permits RPMLV LLC to select a person to manage or broker the property contracts, but does not allow for another business to independently take over the contract. The contract does not allow for itself to be assigned to another company. Note the following from NRS 645. I brought the entire printed law with me that day. o Per NRS Designated property manager defined. Designated property manager means a person who has the qualifications required by NRS to be a designated property manager and who is appointed as the designated property manager for an office pursuant to NRS o Per NRS Property manager defined. Property manager means a person engaged in property management who, as an employee or independent contractor, is associated with a licensed real estate broker, whether or not for compensation. o Per NRS Real estate broker defined. 1. Real estate broker means a person who, for another and for compensation or with the intention or expectation of receiving compensation: (a) Sells, exchanges, options, purchases, rents or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, any real estate or the improvements thereon or any modular homes, used manufactured homes, used mobile homes or other housing offered or conveyed with any interest in real estate; (b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property; (c) Engages in or offers to engage in the business of property management; or (d) Engages in or offers to engage in the business of business brokerage. 2. Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter. o Per NRS Business broker defined. Business broker means a person who, while acting for another and for compensation or with the intention or expectation of receiving compensation: 1. Sells, exchanges, options, purchases, rents or leases a business that is sold, exchanged, optioned, purchased, rented or leased as part of an interest or estate in real property; 2. Negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of a business that is or is intended to be sold, exchanged, optioned, purchased, rented or leased as part of an interest or estate in real property; or Page 5 of 36

6 3. Lists or solicits prospective purchasers of a business if a component of the listing or solicitation is an interest or estate in real property. Mr. Wever does have a Clark County of Nevada Broker and Property Manager Business License to conduct Brokerage and Property Management in Clark County (since 12/01/2009). However, he did not have a NRED NRS real estate broker license to conduct business on his own. Mr. Wever then contracted Rex Henriott to meet this requirement for his business, as permitted by law. Additionally, per Clark County of Nevada and the City of Henderson, Henriott Real Estate Services, LLC has never had a Broker or Property Manager Business License to conduct Brokerage or Property Management in Clark County. Rex Henriott only had the business license as a Business Broker, which expired in 2005, 5 years prior to the signing of my contract with RPMLV LLC. See Figures 7 and 8. After 2005, Rex Henriott only had real estate licenses, and not a business license, to operate as an employee or as an independent contractor for a licensed Broker. Henriott Real Estate Services, LLC held business licenses for cosmetologist, hotel management, and restaurant management in the City of Henderson (where his business was registered), but had no Business License for operations as a Broker or Property Management in Clark County or any other city or area that had the power to grant business licenses with Clark County. See Figure 9. o NRS Real estate broker-salesperson defined. 1. Within the meaning of this chapter, a real estate broker-salesperson is any person who holds a real estate broker s license, or who has passed the real estate broker s examination, but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with: (a) A licensed real estate broker in the capacity of a salesperson, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS ; or (b) A registered owner-developer in the capacity of a sales manager in accordance with NRS and In this chapter, the term real estate salesperson includes real estate brokersalesperson when applicable. Thus, this proves Henriott Real Estate Services, LLC, Rex Henriott, worked for RPMLV LLC as a broker and not property manager. Once again this was all stated to the Justice and disregarded. Item 4: On May 28 th 2015 Mr. Wever opened a new company called Real Property Management and managed Plaintiff s property from May 28 th 2015 until July 2015 when the Tenants were evicted. Part 1. until July 2015 when the Tenants were evicted o The tenant was never evicted. o The defendant provided a pay or quit notice as proof that an eviction had been started and completed by RPMLV LLC. I stated that a pay or quit notice is not an eviction notice. I then demanded to see the case number for the eviction, as all evictions that go through the Las Vegas Courts have one. This statement was ignored and the Justice accepted a pay or quit notice as a court approved eviction notice. I also provided a Page 6 of 36

7 o o copy of Mr. Wever s and both tenants Case Records Search Results from the Las Vegas Justice Court for your investigators convenience. See Figures 10, 11, and 12. Mr. Wever and his company directly profited from the Eviction Protection addendum in the Property Management Agreement. RPMLV LLC would have had to pay out of his own pocket to perform this eviction per that agreement. See Figure 13. Per the Las Vegas Justice Court records, the tenants were never evicted. Mr. Wever also stated in an on 3 June, 2016 that he had not evicted the tenant. At this point in the hearing, Justice Jansen was simply ignoring anything I had to say or the evidence I had to prove the eviction never happened to be fact. See Figure 14. Part 2. managed Plaintiff s property from May 28 th 2015 until July RPMLV LLC has managed my contract since 2010, RPMLV LLC is stated in the contract. I informed the Justice that regardless of when RPMLV LLC Principle Owner Mr. Wever wished to claim he had started managing my property, Mr. Wever was clearly responsible for conducting repairs per the PMA contract and lease, and billing the tenant, and had failed to do so after May RPMLV LLC even provided me written confirmation on July 14 th,2015, that they had begun the process of inspecting the property, and claimed to have begun the scheduling of repair. See Figure 15. I also informed the Justice that RPMLV LLC had failed to respond to calls during July 2015, and I had to fly out to Las Vegas in August 2015 to meet with RPMLV LLC property manager Crystal Yoder directly to deal with the issues of the damages. I informed the Justice that I had the audio records of those meeting, which proved RPMLV LLC acknowledged the condition of the property and they would be responsible for making the repair. The Justice simply ignored me and refuse to listen to the audios. o I included the audios on a CD for your investigators. They were also recorded as statements in the evidence given to the Justice. Item 5: Mr. Wever advised he was not personally involved in the management of the Plaintiff s property until he became licensed on May 28 th Mr. Wever was the property manager of my property from the beginning until he personally assigned his employed Property Manager Crystal Yoder to take his place around October From that point on, Mr. Wever supervised his Property Managers and was contacted directly on occasions when they failed to uphold their responsibilities. Mr. Wever has had a real estate property management license since 6/27/2008. He only got a real estate broker license on 5/27/2015. See Figure 16. Mr. Wever stated in the hearing that he was not directly involved in the management of my property ever, and Crystal Yoder was my property manager and not himself at any time. I informed the Justice that Crystal Yoder received her property management license on 10/4/2013. See Figure 17. Before that, Mr. Wever was my property manager. I informed the Justice that RPMLV LLC is liable for the actions its employees. Principle Owner Tod Wever had expressly assigned his designated property manager Crystal Yoder to manage my property in 2013, and she directly answered to Mr. Wever. Page 7 of 36

8 Before that, Mr. Wever acted directly as my Property Manager and was directly contacted for repeated issues. o Justice Jansen ask me for 1 example of Mr. Wever s direct contact and involvement in the management of my property before May I cited two examples: 1. Mr. Wever was the one that came to my home to sign my Property Management Agreement on 19 Nov, 2010, and Mr. Wever stated at that time that he was the owner of the management company, RPMLV LLC. 2. s from Mr. Wever were provided in the packet of evidence as proof of fraud from September and October, They demonstrated an example of when one of Mr. Wever s employee Kimberly Reynaga (unlicensed) had breached section 5, of the PMA contract. Mr. Wever had been contacted about this breach and had lied about contacting the Home Warranty and about getting my approval, stating he did not need my approval. The evidence detailed the event in great detail, and though the defendant and the Justice argued over the contract, the Justice stated that this example was somehow not relevant to his question. The fact that Mr. Wever did not deny this event happened, proved direct involvement in the management of my property and willingness to lie about actions taken. I also noted the evidence of Mr. Wever knowingly committing felony fraud when he stated that RPMLV had contacted the home warranty company and the home warranty company had not been able to find my policy by my policy number, address, or even my name. Mr. Wever had stated that he would pay the difference had RPMLV been found to be at fault for the above $200 approval requirement breach of contract and failure to use the home warranty. Then I noted that Mr. Wever had included the chain of his employee pointing out that they had in fact obtained my policy number using my name and they had had the wrong policy number on file. Since Mr. Wever had stated that they would refund the difference, had the mistake been theirs, he demonstrated fraud by lying to achieve monetary gain. All of this was well documented and detailed in Appendix 1, Section 6, of the packet of evidence I had provided to the court. I should note they still have it on file if you wish to confirm this fact. Item 6: Henriott Real Estate Services, LLC had the license take away for embezzling monies for the company. This was in regards to the alleged embezzlement of Security Deposits by Rex Henriott. Henriott Real Estate Services, LLC is a business and never had a business license taken away from them for embezzlement, regarding the company RPMLV LLC, as Henriott Real Estate Services, LLC never had a business license to operate as a property manager or broker from the beginning. Rex Henriott had a real estate brokers license, which requires him to work for a business with a business license to perform brokerage. Page 8 of 36

9 I informed Justice Jansen that this alleged embezzlement of Security Deposits was not relevant to my case, as the tenant s security deposit for my property had not been embezzled nor was I suing for the security deposit. Then I held up the security deposit check, from RPMLV, for close out of my account, from Nov I also noted that RPMLV LLC had stolen an early termination fee from this check, which they knew they were not entitled to as the contract had not been terminated early, per Section 15 of the contract. Item 7: Board of Realtors gave Tod Wever the go ahead under his license to take over Henriott Real Estate Services, LLC. Tod Wever took the FFN Real Property Management Las Vegas on 12/18/ months into the lease, and had stopped doing business with Henriott real Estate Services, LLC 2 months prior (1 month into the current tenant s Lease). The Company Henriott Real Estate Services, LLC itself was no longer a company as of 31 March, 2015, and Mr. Wever did not take over Henriott Real Estate Services, LLC. The company simply ended. Nor can I find any relevance since Mr. Wever could expressly assign any qualified property manager or designated managing broker at his discretion as Owner of Real Property Management of Las Vegas, LLC at any time. In fact, the moment Mr. Wever had removed Rex Henriott for the alleged embezzlement on or before October 2014, Mr. Wever would have been required to replace him immediately to continue operations. Mr. Wever was also required to immediately inform me and any other person he had a contract with of any changes to the contract in writing, which he failed to do. Item 8: Plaintiff failed to prove what damages occurred during the three month period Defendant s company managed the property. This part came near the end of the hearing, and particularly shocked me as there are two very major things wrong with this statement. The Justice explicitly states three months because during and after the fourth month of august (after RPMLV LLC claim to have formed their company and begun management my property) I had 4 audio recordings from meetings over the course of August, RPMLV LLC stated in these recordings that they acknowledged the damages in the June 2015 RPMLV LLC Move Out Inspection were not wear and tear, that they were responsible to get the quotes and conduct the repairs, and then bill the tenant. As seen in item 4, I informed the Justice of this fact and offered the audio. He refused to hear them. The law clearly defined who worked for who per the PMA contract and the NRS 645, provided above in Item 3. Under the law, RPMLV LLC had management my property since November, Additionally, the Justice refused to look at a single image of any of the damages. I told him to look at the June 2015 move out inspection and the images I had taken in August I informed him of the Mold that had begun to grow after the power had been shut off in June 2015 throughout the freezer and refrigerator, and that RPMLV LLC had made note of it in their Page 9 of 36

10 June 2015 move out inspection. I informed the Justice that RPMLV LCC had failed to provide that inspection until I showed up in person in August 2015, despite repeated requests. All of the above was stated in the evidence packet the Justice had been given and all had been ignored. When the Justices look at the case history. I would note that one of the reason that Judicial Officer Travis Shelter had found the defendant guilt in the previous hearing, was because I had proven all of Mr. Wever s statements, which Justice Jansen used in his Statement of Fact, to be false. I have proven this not with my opinion, but with written evidence and the facts of law as you have seen. I provided all this written evidence and the facts of law to the court on the same day along with the same packet of 350+ pages of evidence, which the Justice Jansen refused to look at. During the first hearing Mr. Wever avoided addressing the evidence brought against him entirely as he did this time as well. Mr. Wever instead attempted to distract from it with the same false statements listed above until the time ran out, at about 5pm, and courted ended. My case was the last to be heard on that day and when Judicial Officer Travis Shelter stated that time was up and we had already gone past the normal time, he asked Mr. Wever to address the evidence against him and if he had anything to counter it. Mr. Wever stated that he did and the Justice indicated that due to the large volume of evidence against RPMLV LLC, Mr. Wever had 1 month to review and provide that evidence, and so that the court could review all the evidence against RPMLV LLC, and place judgement. Mr. Wever never provided a response to any of the evidence against him and was found guilty. Had Justice Jansen and Justice Smith shown the due diligence that Judicial Officer Travis Shelter demonstrated, he would have seen that everything was stated in Justice Jansen s Statement of Facts and Conclusion of Law is in fact based on perjury and fraud. I provided over 350+ pages of physical evidence to Justice Jansen that proved my property, accounts, and contract were with the property management company Real Property Management of Las Vegas, LLC. I provided evidence that RPMLV LLC had breached the contract repeatedly from June 2014 to when the contract ended in Nov I provided evidence that proved RPMLV LLC had repeatedly committed fraud in claiming the eviction had been completed in July, 2015, and I had provided a written statement from Mr. Wever acknowledging this from 3 June, I provided physical evidence that RPMLV LLC had committed fraud by repeatedly lying about billing the tenant in RPMLV LLC had then provided me the evidence, on 3 June 2016, that they had not submitted anything to a collections company until after I had informed them in court appointed mediation they would need such proof in court. I provided evidence that proved all the damages to my property had that had been caused by the tenant and RPMLV LLC s fraudulent repairs. Many of those damages RPMLV LLC was paid and had claimed o have repaired in June I provided evidence provided to me by RPMLV LLC that the damages to my property had not been wear and tear, as Mr. Wever had claimed in court. I provided physical evidence that Real Property Management of Las Vegas, LLC had been employing/contracting Henriott Real Estate Services, LLC s Rex Henriott as the broker and not property manager. I provided evidence that before and after Henriott Real Estate Services, LLC had been removed from the position as broker. Real Property Management of Las Vegas, LLC Principle Owner Tod Wever had been the property manager on the contract before assigning his employee Crystal Yoder, and acted as broker while misrepresenting himself as Henriott Real Estate Services, LLC, after Mr. Wever Removed Page 10 of 36

11 Henriott in Oct 2014, and HRES close in March I provide evidence that the tenant s security deposit had not been embezzled, by holding up the actual check from RPMLV LLC, signed by Tod Wever. I provided evidence that Mr. Wever personally stole $ in November 2015 (8 months after the business Henriott Real Estate Services, LLC had been revoked by the Nevada Secretary of State) as a fraudulent early termination fee, despite the contract and his own employee s (RPMLV LLC property manager Crystal Yoder) written statement that he was not entitled to it. All this evidence can be now found at the District Appeals Court. And is provided on a CD. All this Justice of the Peace William D Jansen and Douglas Smith blatantly ignored. The only thing I cannot prove is the reason WHY Justice Jansen decided to do this, but I can very easily prove that he did it. Justice Jansen chose to provide a very detailed statement of facts and conclusion of law. Justice Smith chose to enforce that statement and conclusion despite what was see above. This entire situation can only be described as ridiculous and outrageous. I ask that the decision from these Justices of the peace be overturned. Thank you for your time, Ian J Toppler Page 11 of 36

12 Figure 1. Not founded by Tod Wever in May Page 12 of 36

13 Figure 2: Defendant Company, founded in 10/2/2008. Not Founded on May Defendant also listed as Officer. Page 13 of 36

14 Figure 3: Defendants Business License Dated 12/01/2009, not May Figure 4: Defendants Business License Dated 12/01/2009, not May Page 14 of 36

15 Figure 5: Section 12: from my Property Management Agreement clearly stating Defendant s company. Page 15 of 36

16 Figure 6: Henriott Real Estate Services, LLC REVOKED on 3/31/2015. Page 16 of 36

17 Figure 7: only Business License ever held by Rex Henriott regarding Brokerage in clark county, EXPIRED in Figure 8: only Business License ever held by Rex Henriott regarding Brokerage in clark county, EXPIRED in Page 17 of 36

18 Figure 9: Only Business Licenses ever held by Henriott Real Estate Services, LLC. None of them are for Property Management or Brokerage. Page 18 of 36

19 Page 19 of 36

20 Figure 10: All court cases were brought forth by Tod Wever or Real Property Management Las Vegas and not Henriott Real Estate Services. NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED. Figure 11: NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED. Figure 12: NO EVICTION FOR LOUGHRAN TENANT EVER SUBMITTED. Page 20 of 36

21 Figure 13: Eviction Protect from property management agreement with Real Property Management of Las Vegas, LLC. Page 21 of 36

22 Figure 14: Written statement from Tod Wever, proving they never billed or placed tenant in collections OR evicted the tenant in Page 22 of 36

23 Figure 15: Page 23 of 36

24 Figure 16 Figure 17 Page 24 of 36

25 Figure 18 Page 25 of 36

26 Figure 19 Page 26 of 36

27 Figure 20: Note Rex Henriott and Henriott Real Estate Services are listed as BROKER and not property manager. Page 27 of 36

28 Figure 21: Note Date Filed is 6 months before Mr. Wever claims to have founded his company. Page 28 of 36

29 Figure 22: Note the Expiration date is 6/24/2014. Figure 23 Page 29 of 36

30 Figure 24 Page 30 of 36

31 Figure 25 June 10, 2015 Wellsfargo bank statement rent payment from Real Property Management of, I confirmed with the bank that the account belongs to Real Property Management of Las Vegas, LLC. After RPMLV LLC Owner Tod Wever Removed Henriott real Estate Services, LLC from my contract and After Henriott real Estate Services, LLC closed on March Figure 26 December 18, 2014 Wellsfargo bank statement rent payment from Real Property Management of Las Vegas, LLC. After RPMLV LLC Owner Tod Wever Removed Henriott real Estate Services, LLC from my contract and Before Henriott real Estate Services, LLC was closed on March Figure 27 March 20, 2014 Wellsfargo bank statement rent payment from Real Property Management of Las Vegas, LLC. Before RPMLV LLC Owner Tod Wever Removed Henriott real Estate Services, LLC from my contract and Before Henriott real Estate Services, LLC was closed on March Page 31 of 36

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