{ Converted to text. The PDF is the controlling document. JM}
Notice of Appeal to the Supreme Court From a Judgment or Order of a District Court
IN THE FIRST JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF CARSON CITY
Plaintiff: JED MARGOLIN
v.
Defendant: GHOLAMREZA ZANDJAN JAZI aka REZA ZAINDIAN
NOTICE OF APPEAL
Notice is hereby given that C. D., defendant above named, hereby appeals to the Supreme Court of Nevada (from the final judgment) (from the order (describing it)) entered in this action on the 19th day of January, 2021 recorded on January 25, 2021
Address
Per se
Reza Zandian
6 Rue Edouard Fournier
75116 Paris France
Docket 82559
Document 2021-05885
IN THE SUPREME COURT OF THE STATE OF NEVADA CARSON CITY
Gholamreza Zandian Jazi aka Reza Zandian, Appellant,
vs.
Jed Margolin,
Respondent.
Supreme Court No. NA
District Court No. 09 OC 00579 lB Dept. No. 1
APPELLANT'S INFORMAL BRIEF
Judgment or Order You Are Appealing.
List the judgment or order that you are appealing from and the date that the judgment or order was filed in the district court. -
|
Filed Date |
Name of Judgment or Order |
|
01/25/2021 |
ORDER GRANTING PLAINTIFF'S MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY |
Notice of Appeal.
Give the date you filed your notice of appeal in the district court: February 23, 2021
Related Cases.
List all other court cases related to this case. Provide the case number, title of the case and name of the court where the case was filed.
|
Case No. |
Case Title |
Name of Court |
|
3:2017-ap-05 016 (nvb) |
Sadri et al v. Margolin et al |
Bankruptcy court District of Nevada |
|
3:2016-bk-50 644 (nvb) |
Patrick Canet and Jazi Gholamreza Zandian |
Bankruptcy court District of Nevada |
Pro Bono Counsel.
Would you be interested in having pro bono counsel assigned to represent you in this appeal? Yes
Statement of Facts.
Explain the facts of your case. (Your answer must be provided in the space allowed.)
Reza Zandian, an individual, and defendant of this default judgement is in bankruptcy proceedings in France. He can not be served, and his liquidator Patrick Canet is in charge of his bankruptcy proceedings.
The defendants had full knowledge of this fact through Chapter 15 international case filed in Nevada under the above numbers (3:2017-ap-05016 (nvb) and 3:2016-bk-50644 (nvb)). The plaintiff was part of the case and failed to inform the district court about that fact. Further, the plaintiff never lodged any claim in French bankruptcy court, nor in chapter 15 case. The plaintiff failed to send notice of motion to void deeds to the proper person, Patrick Canet in France both in 2016 and 2021.
Statement of District Court Error.
The district court erred in granting plaintiffs motion to void deeds based on fraudulent transfer of properties. In fact, those properties were properly transferred and the transfer was not fraudulent. The transfers were based on an agreement of August 212003 signed by the defendant Reza Zandian and notarized in Nevada by Stacy Folkman public notary between the family members and that agreement had priority over a judgement issued 10 years later on June 24th 2013. In fact, the plaintiff never disclosed the above fact to the district court. Those third party beneficiaries of transfers are damaged with this order despite the fact that they were senior creditors.
The judgement subject to this order and this order shall be declared null and void and the renewal of the judgement was improper since the defendant served the improper person and not strictly respected NRS 17.150(4) which requires the plaintiff and judgement holder to record the last four digits of identification number of the judgement debtor or his driver's license and the parcel numbers together with the last known address of the judgement debtor and assessor parcel numbers of the properties located in each county in addition to the requirements of NRS 17.150(2). The above subject is ruled in a summary judgement and conclusion of law and findings of facts by honorable judge Bruce Beesley in the chapter 15 case.
The court erred in its motion to void deeds because there is no lien on the properties. Worsnop v. Karam and Leven v. Frey.
There is significant error and mistake in the method and total calculation of the total amount of the default judgement.
The court erred in the first place and defrauded by plaintiff Jed Margolin based on false address and false proof of service. In fact, Zanclian is a resident of France and never lived or stayed in Sacramento, California.
The plaintiff, Jed Margolin, conspired with Sadri in the above case to dismiss the chapter 15 case without consent and knowledge of the liquidator in France in order to obtain the district court order to void deeds despite the fact that the French bankruptcy is ongoing and the next hearing is for April 9 2021 in France.
DATED this 23 day of February, 2021.
Signature of Appellant
Reza Zandian
Print Name of Appellant
CERTIFICATE OF SERVICE
I certify that on the date indicated below, I served a copy of this completed informal brief form upon all parties to the appeal as follows:
- By mailing it by first-class mail with sufficient postage prepaid to the following address(es) (list names and address(es) of parties served):
Matthew D. Francis, Bar No. 6978
mfrancis@bhfs.com
Arthur A. Zorio, Bar No. 6547
azorio@bhfs.com
BROWNSTEIN HYATT FARBER SCHRECK, LLP
5371 Kietzke Lane,
Reno, Nevada 89511
Telephone: (755) 324-4100
Signature of Applicant
Reza Zandian
Print Name of Appellant
Address
6 Rue Edouard Fournier,
75116 Paris,
France
City/State/Zip
Telephone
+33:6 - 67 54 0404
REC’D & FILED 2021 FEB 25 PM 4:28
In The First Judicial District Court of the State of Nevada
In and for Carson City
Case No.: 09 OC 00579 lB
Dept. No.: I
CASE APPEAL STATEMENT
JED MARGOLIN, an individual,
Petitioner(s),
VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIAN aka REZI JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONOREZA ZANDIAN JAZI, an individual, DOE Companies 1 - 10, DOE Corporations 1 - 10, and individuals 21-30,
Respondent(s).
1. Name of appellant filing this case appeal statement:
- REZA ZANDIAN
2. Identify the judge issuing the decision, judgment, or order appealed from:
- HONORABLE JAMES T. RUSSELL
3. Identify each appellant and the name and address of counsel for each appellant:
- REZA ZANDIAN
6 RUE EDOUARD FOURNIER
75116 PARIS FRANCE
4. Identify each respondent and the name and address of appellate counsel, if known, for each respondent (if the name of a respondent's appellate counsel is unknown, indicate as much and provide the name and address of that respondent's trial counsel):
Page 1 of 3
- JED MARGOLIN
MATTHEW FRANCIS
ARTHUR ZORIO
5371 KIETZKE LANE
RENO NV 89511
5. Indicate whether any attorney identified above in response to question 3 or 4 is not licensed to practice law in Nevada and, if so, whether the district court granted that attorney permission to appear under SCR 42 (attach a copy of any district court order granting such permission):
-N/A
6. Indicate whether appellant was represented by appointed or retained counsel in the district court:
- RETAINED
SEVERIN CARLSON
TARA ZIMMERMAN
510 WEST FORTH STREET
CARSON CITY NV 89703
7. Indicate whether appellant is represented by appointed or retained counsel on appeal:
-N/A
8. Indicate whether appellant was granted leave to proceed in forma pauperis, and the date of entry of the district court order granting such leave:
-N/A
9. Indicate the date the proceedings commenced in the district court (e.g., date complaint, indictment, information, or petition was filed):
- COMPLAINT FILED December 11, 2009
10. Provide a brief description of the nature of the action and result in the district court, including the type of judgment or order being appealed and the relief granted by the district court:
- ORDER GRANTING PLAINTIFF'S MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY FILED JANUARY 19, 2021
Page 2 of 3
11. Indicate whether the case has previously been the subject of an appeal to or original writ proceeding in the Supreme Court and, if so, the caption and Supreme Court docket number of the prior proceeding:
- NOTICE OF APPEAL SUPREME COURT CASE NUMBER 69372
12. Indicate whether this appeal involves child custody or visitation:
-N/A
13. If this is a civil case, indicate whether this appeal involves the possibility of settlement:
- NOT APPLICABLE.
Dated this 25th day of February, 2021.
AUBREY ROWLATT, Carson City Clerk
885 E. Musser St., #3031
Carson City, NV 89701
By __________, Deputy
Page 3 of 3
Docket Sheet For PDF (14 Pages): Click Here
These are the newest entries:
-----------------------
Date: 02/25/2021 16:34:47.0 MIJR5925
Judge: RUSSELL, JUDGE JAMES TODD Docket Sheet
Case No.
Ticket No. CTN: Page: 1
09 OC 00579 lB
MARGOLIN, JED By:
-vs
OPTIMA TECHNOLOGY DRSPND By:
CORPORATION
Dob: Sex:
Lic: Sid:
ZANDIAN, REZA DRSPND
MARGOLIN, JED PLNTPET
Dob: Sex:
Lic: Sid:
Plate44:
Make:
Year: Accident:
Type: Venue:
Location:
Charges:
Ct.
Offense Dt: Cvr:
Arrest Dt:
Comments:
Ct.
Offense Dt: Cvr:
Arrest Dt:
Comments:
Sentencing:
No. Filed Action
1 02/25/21 CASE APPEAL STATEMENT
2 02/25/21 NOTICE OF APPEAL FILED
Receipt: 68712 Date: 02/25/2021
3 01/25/21 NOTICE OF ENTRY OF ORDER
4 01/19/21 FILE RETURNED AFTER SUBMISSION - ORDER ENTERED
5 01/19/21 ORDER GRANTING PLAINTIFFS MOTION TO VOID DEEDS ASSIGN PROPERTY FOR WRIT OF EXECUTION AND TO CONVEY
6 01/15/21 REQUEST FOR SUBMISSION
7 011/15/21 NOTICE OF TERMINATION OF BANKRUPTCY PROCEEDINGS
8 06/13/19 RECEIPT
9 06/07/19 AMENDED WARRANT OF ARREST (CORRECT CASE 4)
10 05/17/19 APPEAL BOND REFUND
Check Issued: 05/17/19
Check #6430 $500.00 Payable to: KAEMPFER CROWELL.
11 05/17/19 APPEAL BOND REFUND
Check Issued: 05/17/19
Check 4(6430 $1,000.00 Payable to: KAEMPFER CROWELL.
12 05/15/19 ORDER RELEASING FUNDS
13 05/02/19 AFFIDAVIT OF RENEWAL OF JUDGMENT
14 11/01/17 NOTICE OF DISASSOCIATION OF COUNSEL
By:
Bond: Set:
Type: Posted:
Operator Fine/Cost Due
1BCFP.ANZ 0.00 0.00
1BPETERSON 24.00 0.00
1BSBARAJAS 0.00 0.00
1BCCOOPER 0.00 0.00
1BCCOOPER 0.00 0.00
1BSBAP.AJAS 0.00 0.00
1BSBARAJAS 0.00 0.00
1BCCOOPER 0.00 0.00
1BJBIGGINS 0.00 0.00
1BJULIEH 500.00 0.00
1BJJ.JLIEH 1,000.00 0.00
1BJULIEM 0.00 0.00
1BJULIEH 0.00 0.00
1BVANESSA 0.00 0.00
Date: 02/25/2021 16:34:47.1 Docket Sheet Page: 2
MI JR5 925
No. Filed Action Operator Fine/Cost Due
15 09/26/17 RECEIPT 1BCCOOPER 0.00 0.00
16 06/03/16 NOTICE OF BANKRUPTCY FILING AND AUTOMATIC STAY 1BJHIGGINS 0.00 0.00
17 06/02/16 REQUEST FOR SUBMISSION 1BCCOOPER 0.00 0.00
18 06/02/16 NOTICE OF PENDENCY OF CHAPTER 15 PETITION FOR RECOGNITION OF A FOREIGN PROCEEDING
(GHOLAN REZA JAZI ZANDIAN 1BVANESSA 218.00 0.00)
Receipt: 44760 Date:
06/02/2016
19 05/04/16 NOTICE OF ENTRY OF ORDER 1BCCOOPER 0.00 0.00
20 05/04/16 NOTICE TO VACATE DEPOSITION 1BCCDOPER 0.00 0.00
21 05/03/16 MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY 1BCCOOPER 0.00 0.00
22 05/03/16 FILE RETURNED AFTER SUBMISSION - ORDER ENTERED 1BCCOOPER 0.00 0.00
23 05/03/16 ORDER GRANTING PLAINTIFFS MOTION FOR DEPOSITION TO ALBORZ ZANDIAN 1BCCOOPER 0.00 0.00
24 04/11/16 CLERK'S CERTIFICATE 1BVANESSA 0.00 0.00
25 04/11/16 ORDER DISMISSING APPEAL 1BVANESSA 0.00 0.00
26 04/11/16 REMITTITUR 1BVANESSA 0.00 0.00
27 03/07/16 ORDER DISMISSING APPEAL 1BVANESSA 0.00 0.00
28 02/22/16 DECLARATION OF ADAM P. MCMIKKEN 1BCGRIBBLE 0.00 0.00
29 02/09/16 HEARING HELD: 1BCFP.ANZ 0.00 0.00
The following event: ORDER TO
SHOW CAUSE HEARING scheduled
for 02/03/2016 at 9:30 am has
been resulted as follows:
Result: HEARING HELD
Judge: RUSSELL, JUDGE JAMES
TODD Location: DEPT I
30 02/03/16 WARRANT OF ARREST 1BJULIEH 0.00 0.00
*AMENDED 6/7/19 - TO CORRECT
CASE # FOR DISPATCH¬
31 02/03/16 ORDER HOLDING DEFENDANT IN 1BJULIEH 0.00 0.00
CONTEMPT OF COURT
32 01/25/16 NOTICE OF TAKING DEBTOR'S 1BVANESSA 0.00 0.00
EXAMINATION DEFENDANT REZA
ZAND IAN
ORDER GRANTING PLAINTIFF'S MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY [Click Here]
NOTICE OF ENTRY OF ORDER [Click Here]
FIRST JUDICIAL DISTRICT COURT MINUTES
CASE NO. 09 OC 00579 1
TITLE: JED MARGOLIN 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
06/19/12 - DEPT. I - HONORABLE JAMES T. RUSSELL
J. Higgins, Clerk - Not Reported
MINUTE ORDER
COURT ORDERED: A copy of the document entitled Plaintiff's Motion to Compel Appearance of Counsel for Optima Technology Corporations, or in the Alternative, Motion to Strike General Denial of Optima Technology Corporations filed May 15, 2012 is to be used in the place and stead of the original as it is missing.
FIRST JUDICIAL DISTRICT COURT MINUTES
CASE NO. 09 OC 00579 lB
TITLE: JED MARGOL1N 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
11/5/15 —DEPT. I—HONORABLE JAMES T. RUSSELL J. Higgins, Clerk - Not Reported
MOTION FOR JUDGMENT DEBTOR EXAMINATIQN AND TO PRODUCE DOCUMENTS
Present: Adam McMillen, counsel for Petitioner; Severin Carlson and Tara Zimmerman, counsel for Reza Zandian.
Statements were made by Court and McMillen.
Court addressed Carlson regarding potential conflict with Ms. Zimmerman who was a law clerk for this court and Carlson made statements indicating he did not believe there was any conflict. Statements were made by Court, McMillen and Carlson.
COURT ORDERED: Deft, to appear in San Diego County at a law firm designated by the Pltf. 30 days out.
Upon inquiry by McMillen,
COURT ORDERED: McMillen and Carlson to set a date and time in February and where it is going to be. Production is going to be limited to any and all documents and individuals after December 11, 2009. All discovery is going to be completed within 45 days from today's date. Statements were made by Court.
McMillen made statements regarding judgment on Mo/Attorney's Fees and Costs.
COURT ORDERED: It will hold that in abeyance until after the February debtor's examination.
Further statements were made by Court.
McMillen to prepare Order.
The Court minutes as stated above are a summary of the proceeding and are not a verbatim record. The hearing held on the above date was recorded on the Court's recording system.
FIRST JUDICIAL DISTRICT COURT MINUTES
CASE NO. 09 OC 00579 lB
TITLE: JED MARGOLIN 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
2/3/16 - DEPT. I - HONORABLE JAMES T. RUSSELL J. Harkleroad, Clerk - Not Reported
MOTION FOR JUDGMENT DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS
Present: Adam McMillen, counsel for Petitioner
Statements were made by Court and McMillen.
COURT ODERED: It will issue a bench warrant for Deft.'s arrest. Bail set in the amount of $100,000.00 cash only. Extradition Nevada and California. Court will award attorney fees to the Pltf. McMillen to submit an affidavit for the amount of attorney fees and costs incurred. McMillen requested an order allowing to take Deft.'s son deposition in California.
COURT ORDERED: It has no problem with that. McMillen to prepare an Order and submit it to the Court.
The Court minutes as stated above are a summary of the proceeding and are not a verbatim record. The hearing held on the above date was recorded on the Court's recording system.