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REC’D & FILED
2014 JAN 17 PM 3:05
ALAN GLOVER CLERK
BY DEPUTY __________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
In The First Judicial District Court of the State of Nevada
In and for Carson City
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: 1
OPPOSITION TO MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT PURSUANT TO NRCP 62(B) |
Zandian's Motion for Stay of Proceedings to Enforce Judgment Pursuant to NRCP 62(B) is solely based upon the fact that his Motion to Set Aside Default Judgment, filed on December 20, 2013, is currently pending and he would have to post a bond. Zandian requests the Court stay the enforcement of the judgment against him until such time as the Court renders a decision on the pending Motion to Set Aside Default Judgment.
However, there is no basis to set aside the default judgment, the requested stay should be denied, and execution efforts, including the debtor's examination scheduled for February 11, 2014, should proceed forward. See Opposition to Set Aside Default Judgment, filed herein
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on 1/19/14; Order Granting Plaintiffs Motion for Debtor Examination and to Produce Documents, dated 1/13/14. At the very least, if a stay is granted - which it should not be - a bond should be required to protect Mr. Margolin's interests, especially considering the fact that Zandian has consistently and intentionally evaded his responsibilities related to this matter. Zandian's latest attempts to set aside the judgment and stay proceedings are just more evidence of Zandian's desire to avoid this proceeding or drag it out unnecessarily.
I. The Court Enjoys Wide Discretion Under NRCP 62(b)
"In its discretion... the court may stay the execution of or any proceedings to enforce a judgment..." NRCP 62(b). Zandian has provided no credible basis for setting aside the default judgment. See Opposition to Set Aside Default Judgment: filed herein on 1/9/14. Zandian's only justification for the requested stay is the pending motion to set aside the default judgment and his potential financial burden in posting a bond. See Motion for Stay, dated 12/30/13. Since there is no credible basis for setting aside the default judgment and any financial burden has been caused by his actions and inactions, there is no justification for the requested stay, and the requested stay should be denied.
II. NRCP 62(b) Allows The Court To Require Security
"In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment..." NRCP 62(b). Therefore, Rule 62(b) allows the Court to require a bond if a stay is granted pending determination of a post-trial motion.
Zandian has proved to be purposely evasive. See Opposition to Set Aside Default Judgment, filed herein on 1/19/14; see also previous motions filed herein. Therefore, if a stay is granted, Plaintiff respectfully requests Zandian be required to post a bond equal to the amount of the judgment in order to protect the interests of Mr. Margolin. The fact that Zandian may incur some expense in obtaining a bond should not weigh in his favor.
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M. Conclusion
For the reasons stated above, Mr. Margolin respectfully requests that this Court deny Mr. Zandian’s motion to set aside the default judgment and deny the requested stay.
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.
Dated this 16th day of January, 2014.
BY:
__________________________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Margolin
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CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of Watson Rounds, and that on this date, I deposited for mailing, in a sealed envelope, with first-class postage prepaid, a true and correct copy of the foregoing document, OPPOSITION TO MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT PURSUANT TO NRCP 62(B), addressed as follows:
Optima Technology Corp.
A California corporation
8401 Bonita Downs Road
Fair Oaks, CA 95628
Optima Technology Corp,
A Nevada corporation
8401 Bonita Downs Road
Fair Oaks, CA 95628
Optima Technology Corp.
A California corporation
9775 Costa Verde Blvd. #501
San Diego, CA 92122
Optima Technology Corp.
A Nevada corporation
8775 Costa Verde Blvd. #501
San Diego, CA 92122
Johnathon Fayeghi, Esq.
Hawkins Melendrez
9555 Hillwood Dr. Suite 150
Las Vegas, NV 89134
Counsel for Reza Zandian
Dated: January 16, 2014
__________________________
Nancy Lindsley
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