The motion seeks orders from Chief Judge as Judge Peterson’s impartiality in this case can reasonably be questioned
- Disqualify Judge Peterson from this case only pursuant to NCJC 2.2 (lack of fairness and impartiality); 2.6 (failure to ensure the right to be heard); 2.7 (failure to decide claims); 2.9 (improper ex parte communications); 2.15 (didn’t report attorney misconduct to the State Bar or take other appropriate actions)
- Set aside the 3/28/23 order pursuant to NRCP 5959(a)(1)(A) (irregularity in the proceedings) or (B)(misconduct of prevailing party) (C) (ex parte vexatious litigant bench order in absentia and refusal to attach opposition to order) and/or NRCP 60(b)(1)(mistake, errors of law), NRCP 60(b)(3) (misrepresentation), NRCP 60(d)(3) (fraud on the court) and conduct an evidentiary hearing to establish by clear and convincing evidence that fraud on the court had obstructed a fair adjudication of my claims
- Alternatively, simply set aside the 3/28/23 order as being outside the curt’s jurisdiction, unsupported by undisputed facts, containing findings that are not supported by evidence and improperly filed without allowing me to attach my opposition to it, and grant my 12/19/22 and 1/23/23 unopposed motions pending when Judge Peterson’s improper ex parte hearing unfairly exempted my opponents from meeting the requirements of EDCR 2.20, i.e., (filed a written opposition to motions)
- By settling the jurisdictional question of standing first, based on evidence, facts, and law, striking rogue filings, and treating non-party Red Rock LLC exactly the way I was treated in the 1st action when I was removed from the case as an individual party before the trial, this case could be resolved immediately and fairly.
The Chief Judge is asked to balance the equities:
Should the Chief Judge disqualify Judge Peterson so another court can conduct the NRS 40.110 evidentiary hearing that has never been held to resolve Tobin’s title dispute?
vs.
Should the Chief Judge let stand an order that restricts Tobin’s filing any civil action vs. any defendant for any cause of action except if an attorney file it for her?
“Within 10 days after the service of the motion, and 5 days after service of any joinder to the motion, the opposing party must serve and file written notice of non-opposition or opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion and/or joinder should be denied. Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion and/or joinder is meritorious and a consent to granting the same.”
EDCR 2.20(e) Motions; contents; responses and replies; calendaring a fully briefed matter.
Consider the overwhelming, unjustified prejudice to Tobin, and unfair advantage to her opponents, if the 3/28/23 order stands
- defamtory order declares me a vexatious litigant when there are no facts to justify it.
- I am publicly humiliated and branded by an egragiously unfair and overly broad order that is faught with unsubstantiated, factually incorrect, insulting lies while I am blocked from getting my legitimate claims addressed.
- I am prohibited from complaining about the attorneys who lied to the court, filed meritless claims by lying about their clients’ standing and misrepresenting the evidence, who entered false and falsified evidence into the record, who obstructed my case from being heard on the merits by unethical means including improper ex parte communications and concealing inculpatory evidence, who fraudulently transferrred the title before the trial, who falsified title reports
- A judge’s personal opinion stands that my complaints against attorneys and the prior judge are “unprovable” and “improper” solely because she decided she didn’t need to conduct an evidentiary hearing to decide against me and order me not to stop complaining.
- The motion for an order to show cause why attorneys should not be disciplined for filing false evidence, obstructing my case, that restricts me from filing any civil action vs. any defendant for any cause of action as a pro se is unappealable because Judge Peterson neither granted the motion nor denied in an appealable order. Therefore, the attorneys get a free pass from ever having to refute or deny my claims and I am prohibited from complaining about it.
Consider there is no prejudice to Judge Peterson if she voluntarily recuses herself or if Chief Judge excludes her from the decision to set aside the 3/28/23 order on jurisdictional or other grounds
None. She continues to be a judge. She just makes no more decisions on this case. Whether the reviewing judge decides to set aside the 3/28/23 order because Judge peterson acted outside her jurisdiction to grant relief to a non-party or acted improperly to exempt Tobin’s opponents from the EDCR 2.20 requirements at the unnoticed ex parte hearing or for whatever reason, Tobin will be made whole, at no cost to Judge Peterson. She never has to see the case again. It doesn’t go to the courts of appeal or the the commission on judicial and so her permanent record is unaffected.
Conclusion
There’s a hard way that everyone will fight
1. Declarations and exhibits provide evidence and legal authority to justify reassigning the case to another judge for a new trial so an evidentiary hearing can be finally held as Tobin has repeated requested and her opponents have repeatedly obstructed.
And there’s an easy way to end it without appeal
2.alternatively, the case can be resolved immediately on jurisdictional grounds, i.e., that Red Rock LLC’s lack of standing as an interested party to the dispute requires that its rogue filings be stricken from the record by granting Tobin’s 1/23/23 motions as unopposed and adopting the order submitted on 2/10/23 that Judge Peterson denied because she had improperly and unfairly exempted Tobin’s opponents from EDCR 2.20 at the 2/2/23 ex parte hearing.