Judge William Kephart has inherited a convoluted mess that was created by his predecessor, Judge Earl
After filing the above Motion an objection was received by the court, this Objection is based solely for fees that are not owed by the judgment creditor.
The objection was filed by John Mitch Cobeaga a lawyer with no standing who claimed to be representing a judgment defendant that has no cause to make any claims over funds being held in the Nevada bank that rightfully belong to a judgment creditor.
This objection has caused the judgment creditor to suffer legal fees through unfounded actions. Judge Kephart being an operative member with standing in the Nevada corrupt court system seems to be considering the objection.
Beyond the fact that the prevailing plaintiff would never be responsible for legal fees incurred by a non-prevailing defendant especially one removed as Trustee for a Breach of Trust, the funds held are part of a spendthrift Trust created and governed under the laws of New Hampshire.
Judge Kephart taking time and causing the prevailing plaintiff expenses is outrageous. The objection should be summarily dismissed and sanctions awarded against the filing attorney, Cobeaga, for such a vexatious unconstitutional attempt.
The Supreme Court of New Hampshire made the following ruling to compensate those who are forced to litigate in order to enjoy what a court has already decreed.
Excerpt from the New Hampshire Supreme Court No. 94-157. 140 N.H. 145 (1995)
BUSINESS PUBLICATIONS, INC. v. ROBERT STEPHEN AND JAMES FINNEGAN
Supreme Court of New Hampshire.
August 14, 1995.
Although parties generally are responsible for their own attorney’s fees, [w]e have recognized exceptions where an individual is forced to seek judicial assistance to secure a clearly defined and established right if bad faith can be established; where litigation is instituted or unnecessarily prolonged through a party’s oppressive, vexatious, arbitrary, capricious or bad faith conduct; as compensation for those who are forced to litigate in order to enjoy what a court has already decreed; and for those who are forced to litigate against an opponent whose position is patently unreasonable.
The Nevada Appellate Court in their Affirmation in Feeley v. Feeley confirmed that Wanda Feeley had misappropriated funds held in a Trust for her own personal use.
Further Judge Earl ordered an amount of $26,753 be returned to the Trust. The Judgment of April 29, 2013 determined that Clark Feeley was entitled to one half of the Trust assets and the Order dictated the return of funds that had been misappropriated from his share.
These findings were confirmed in a District Court Judgment, an order filed with the District Court, and on January 20, 2016 an Affirmation from the Appellate Court.
Clark Feeley made a motion requesting that the funds held in the Trust be turned over to his control as per the above multiple Court Rulings.
The Objection to Mr. Feeley’s request is clearly an oppressive, vexatious, arbitrary, capricious act of bad faith conduct initiated by a non-prevailing judgment Defendant’s attorney, Cobeaga. As the New Hampshire Supreme Court recognized a prevailing party should be compensated for being forced to litigate what has already been decreed.
The Nevada District Court has made more than enough unconstitutional mistakes for the sole purpose of awarding legal fees to undeserving, non-prevailing attorneys. Mr. Feeley has been informing the Nevada District Court for years now that they could not award legal fees to non-prevailing parties.
Now the time is long overdue for the Nevada District Court to obey the Constitution, binding US Supreme Court Precedents, and the Doctrine of the “American Rule”.
A court insisting on enriching non-prevailing attorneys is a despicable example of a court lacking all integrity. The Nevada voters must demand that their elected officials immediately take action to draft an amendment to merit appoint judges and remove the corruptible existing necessity that require judges to raise campaign contributions from lawyers. Courts must remove all appearances of any possible impropriety.
If you agree, please contact the Las Vegas Tribune at 702-426-5962. This newspaper is contacting State Legislatures and any input from citizens is important.