1
Zachary Rusk
2 PROTECTED ADDRESS
3 zachrusk5@gmail.com
435-557-1570
4 Petitioner, Pro Se
5 MUNICIPLE COURT, CITY OF BOZEMAN, MONTANA
615 S 16th Ave Bozeman MT 59715 (406) 582-2191
6
7 *
Zachary Rusk,
VERIFIED COMPLAINT
8
PLAINTIFF.
9
* Case No:
10 vs.
*
11 Jeffrey Prather; 211 N 10th Ave, LLC, et
12 al.
*
13 DEFENDANT.
*
14
15 PARTIES
16 1. The Plaintiff, Zachary Rusk at all times relevant hereto, is an adult
17
citizen of the State of Montana and resides in Gallatin County.
18
2. The Defendant, 211 N 10th Ave, LLC; Jeffrey Prather at all times relevant hereto,
19
is: (1) a corporation incorporated under the laws of the State of Montana and is
20
21 authorized to do business in this State, and is subject to service of process by and
22 through its registered agent: Jeffrey Prather Registered Agent for 211 N 10th Ave,
23 LLC 5633 Walter Hagen Drive, Billings, MT 59106 jeffrey.prather@gmail.com
24 303.898.2874; (2) Jeffrey Prather is an adult citizen of the State of Montana or
25
California who resides in California or 5633 Walter Hagen Drive, Billings, MT
26
59106 and is subject to service of process pursuant to the laws of the State of
27
Montana and 28 U.S. Code § 1332 - Diversity of citizenship.
28
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1 I. ANALYSIS
2 VENUE, TIMELINESS AND JURISDICTION
3
Pursuant to MCA 25-2-122(3)(b) venue is proper because Gallatin County is the county
4
in which the plaintiff resides.
5
PRIMA FACIE ELEMENTS
6
7 In order to establish a prima facie showing, Complainants allegations must establish the
8 requisite elements of tortious interference with contract claim which include: (1)
9 the existence of a valid and enforceable contract between plaintiff and another; (2)
10
defendant’s awareness of the contractual relationship; (3) defendant’s intentional
11
and unjustified inducement of a breach of the contract; (4) a subsequent breach by
12
the other caused by defendant’s wrongful conduct; and (5) damages. There may
13
be a prima facie nexus between the protected activity and the adverse action. If a
14
15 prima facie allegation is presented, the burden shifts to the Respondent to present
16 a legitimate, non-retaliatory motivation for the adverse action.
17 On October 25th 2021, at 12:47pm Plaintiff sent Defendant a reply text to Defendants
18
October 22nd 2021 12:09am and 12:10am texts.
19
Defendants texts stated “Have you tried using drain-o? Never had issue with sinks only
20
the one area for sewer.” & “If that doesn’t work please let me know”.
21
22 Plaintiff’s reply stated “I’ll have to try another bottle since the last half didn't do
23 anything. (I have to report if there are safety and health violations on the rental
24 assistance app, but i didn't because the last ones were fixed.)”
25 Minutes later, on October 25th 2021 at 1:06pm, Defendant wrote Petitioner an email
26
stating: “Hi Zach! Per our lease agreement executed on July 5, 2021, I am
27
providing you written notice that I will not be renewing your lease past the month
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1 of November. Thus, you will need to vacate on or before Nov 30, 2021. I will
2 arrange a walkthrough of the property at that time. I appreciate you choosing to
3
rent the property. Best, Jeff Prather 303.898.2874”. (sic)
4
ELEMENT 1 OF 4: PROTECTED ACTIVITY. (Malice)
5
Plaintiff’s requests for safety and health violations and hazards to be addressed,
6
7 establishes that the prima facie element of “protected activity” was satisfied.
8 ELEMENT 2 OF 4: KNOWLEDGE. (Malice)
9 The person who allegedly committed retaliation must have known, in advance, about the
10
protected activity either directly or through the the circumstances.
11
On October 25th 2021 at 1:54pm, Plaintiff responded to Defendants October 25th 2021
12
1:06pm email stating “Jeff, Thanks for your communication. I understand that I
13
received this communication after trying to help you address your ongoing safety
14
15 and health violations, the same ones as to the root cause of when your plumbing
16 problem forced feces up the shower drain a number of times, with the pics I
17 showed you and all. The records from Roto Rooter about how many times they
18
have had to come over here and advise you to fix serious plumbing issues, is also
19
alarming. The poor guys were frustrated about why you still haven't done that. I
20
will work on updating my app with regard to the rental assistance agreement and
21
22 all to make sure they know to pay me directly and also be duly informed about the
23 ongoing safety and health hazards in your lower unit to help protect future renters.
24 Thanks for your advanced understanding. ZR”
25 A recording from Roto Rooter also demonstrates that Defendant was well aware of
26
Plaintiff’s and others’ (including professional’s) Health and safety complaints of
27
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1 his property that he rents out on October 25 and before. Therefore, the prima facie
2 element of knowledge is satisfied.
3
ELEMENT 3 OF 4: ADVERSE ACTION. (Malice)
4
Defendant’s retaliation against Plaintiff must be materially adverse. A harm is materially
5
adverse if it would dissuade a reasonable person from engaging in protected
6
7 activity. The topic of requesting resolution to safety and health violations and
8 hazards at 211 N 10th Ave by Plaintiff to Defendant is shown in texts from
9 October 25th 2021, at 12:47pm Plaintiff sent Defendant in reply text to
10
Defendants October 22nd 2021 12:09am and 12:10am texts. Minutes later
11
defendant emails Plaintiff on October 25th 2021 at 1:06pm telling plaintiff that he
12
must move out in 30 days. In this case, responding to Plaintiff’s request to remedy
13
safety and health issues within Defendants rented out 211 N 10th Ave LLC by
14
15 telling Plaintiff to move out in 30 days constitutes a material adverse action.
16 Therefore, the prima facie element of adverse action is satisfied.
17 ELEMENT 4 OF 4: NEXUS.
18
The allegations must indicate some inference of a nexus (a casual connection) between
19
the protected activity and the adverse action. Factors considered in a prima facie
20
inquiry of nexus include the following: how much time passed between the
21
22 protected activity and the adverse action (i.e. the “temporal proximity”);
23 expressions of angers or displeasure toward the protected activity (i.e. an
24 “animus”); disparate treatment of the person before and after the protected
25 activity: disparate treatment of the person as compared to similarly situated
26
people, and a pattern of adverse action against similar protected activity.
27
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1 A. Temporal Proximity: Temporal proximity of adverse action within six weeks (42 days) of
2 protected activity raises a rebuttal inference of causation. Otherwise, a complainant must
3
rely on “additional evidence beyond mere temporal proximity” to establish causation.
4
B. Plaintiff engaged in protected activity on October 25 2021 by responding to Defendant’s
5
texts to Plaintiff while reasonably requesting that serious safety and health violations of
6
7 his rental unit to be remedied by Defendant and land lord Jeff Prather. Defendant turned
8 around and then wrote Plaintiff an email giving notice of his (defendant’s) intent to
9 terminate their rental agreement within minutes of the Plaintiff’s protected activity.
10
C. Animus: The evidence supports a finding of animus. Roto Rooter recordings indicate that
11
Defendant has been told hand fulls of times to fix serious structural issues in the unit
12
Defendant was renting out, resulting in feces’ coming up the show drain a number of
13
times. Roto Rooter’s Tyson stated that he told Defendant Jeff Prather this over 15 times
14
15 over the last year or two and how frustrated Tyson said he was to have to keep coming
16 over to fix these issues when Jeff could simply get the structural issue fixed, like many
17 houses nearby they said had same problem… the past..after they fixed theirs…but Jeff
18
Prather hasn't for his renters. Tyson’s boss, Darrell left a VM stating that Jeff Prather has
19
been in collections for a while. This demonstrates Defendant Jeff Prather does not want
20
to pay to fix the health and safety violations that put others at risk but insists on renting
21
22 out and making income on his problematic 211 N 10th Ave LLC unit with the latest
23 findings of evidence demonstrating that the unit is infested with black mold. Therefore,
24 the defendants allegations fail to satisfy a rebuttal presumption of the prima facie element
25 nexus.
26
PRIMA FACIE CONCLUSION:
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1 Plaintiff’s allegations have established a prima facie showing several very serious
2 violations of law (that carry significant penalties) and breach of contract, through
3
intentional tortuous interference.
4
In Ray v. Connell Jerry Ray filed suit against Martin Connell alleging defamation.
5
Defendant sought punitive damages, general damages based on a lost real estate
6
7 commission, damages for tortious interference with business interests, and general
8 damages for mental anguish and suffering. The district court granted summary
9 judgment in favor of Connell. The Supreme Court affirmed, holding that Connell
10
was entitled to judgment as a matter of law on (1) Ray’s defamation claim based
11
on a conversation between Connell and Jim Ronquillo; (2) Ray’s defamation
12
claim based on comments Connell made at two Billings City Council meetings;
13
and (3) Ray’s claims claims of tortious interference with business interests and
14
15 general damages for mental anguish and suffering based on Connell’s alleged
16 defamation of Ray’s character.
17 In Morrow v. FBS Ins. Montana-Hoiness Labar, Inc. (1988), 230 Mont. 262, 749 P.2d
18
1073, “intentional interference with prospective economic advantage,” which are
19
identical to those we have identified as the tortious or intentional interference with
20
contractual relations. Morrow, 230 Mont. at 266-67, 749 P.2d at 1076. We
21
22 have set forth the elements as acts that: (1) are intentional and willful; (2) are
23 calculated to cause damage to the plaintiff's business; (3) are done with the
24 unlawful purpose of causing damage or loss, without right or justifiable cause on
25 the part of the actor; and (4) result in actual damages or loss. See Sebena v.
26
American Auto. Ass'n (1996), 280 Mont. 305, 309, 930 P.2d 51, 53 (identifying
27
elements of “intentional interference with prospective economic advantage”);
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1 Bolz v. Myers (1982), 200 Mont. 286, 295, 651 P.2d 606, 611 (identifying prima
2 facie case for interference with contractual or business relations).1
3
FACTS
4
3. On or about July 1st 2021 the Plaintiff and Jeffrey Prather (hereinafter referred to
5
as the 3rd Party), entered into a written contract, a copy of which is attached
6
7 hereto, made a part hereof, and is marked as Exhibit A (hereinafter referred to as
8 the Contract). Said contract provides that the laws of the State of Montana shall
9 govern the Contract.
10
4. Pursuant to the Contract, the Plaintiff agreed to rent the downstairs premises, and
11
Jeffrey Prather agreed to rent out the premises free of safety and health violations.
12
5. On or about October 30th the 3rd Party breached the Contract by failing to rent the
13
unit free of safety and health violations. Furthermore, Prather retaliated against
14
15 Plaintiff for making reasonable requests for resolution to the safety and health
16 violations at 211 N 10th Ave, LLC. See exhibit B. Through the retaliation,
17 Jeffrey Prather interfered with financial transactions as to being paid rent on
18
behalf of Petitioners and then fraudulently charged baseless fees to Petitioner as a
19
result of Jeffrey Prather’s interference with the financial transactions.
20
6. The Defendant interfered with the performance of the Contract through causing
21
22 interference with the financial rent transactions causing the 3rd Party to breach the
23 Contract.
24 7. Plaintiff has performed all conditions precedent to recovery and has not excused
25 defendant’s non-performance or breach of the Contract.
26
27
1 Kenneth MALONEY and Dawn Maloney, Plaintiffs and Respondents, v. HOME AND INVESTMENT CENTER, INC., d/b/a
28 Century 21 Home and Investment Center, Inc., Sharon Costantino, and Larry O. Lee, Defendants and Appellants. No. 99-100.
Decided: February 08, 2000.
- 7 of 20
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1 CLAIMS
2 8. The Defendant’s acts delineated hereinabove were willful and intentional.
3
9. The Defendant’s acts delineated hereinabove were done with the unlawful
4
purpose of circumventing landlord/tenant and EPA laws, as well as
5
accountability, causing damage and loss to the Plaintiff.
6
7 10. The Defendant’s acts delineated hereinabove were calculated to cause loss and
8 damage to Plaintiff in his lawful use of the amenities and undertakings.
9 11. The Defendant’s acts delineated hereinabove proximately caused Plaintiff to
10
suffer: over $2,600 in pecuniary damages in addition to mental anguish and
11
emotional distress from Prather’s intimidation, stalking and harassment through
12
his unlawful electronic communications to Plaintiff.
13
STATEMENT OF FACTS:
14
15 From: Zach Rusk <zachrusk5@gmail.com> Date: October 31, 2021 at 1:14:27 AM MDT To: Jeff Prather
16 <jeffrey.prather@gmail.com> Subject: Response and Notice as to your 11th Electronic Communication
17 to me in 24hours-
18 Mr. Prather—
19 I am writing to respond and ensure you are aware that I am in receipt of your 11th electronic
20 communication to me over a 24 hour period of time.
21 In response, please see below:
22 On October 25th 2021, at 12:47pm I sent you a reply text to your October 22nd 2021 12:09am and
23
12:10am texts (“Have you tried using drain-o? Never had issue with sinks only the one area for sewer.” &
24
“If that doesn’t work please let me know”) stating “I’ll have to try another bottle since the last half didn't
25
do anything. (I have to report if there are safety and health violations on the rental assistance app, but i
26
didn't because the last ones were fixed.)”
27
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1 On October 25th 2021 at 1:06pm, you wrote me an email stating: “Hi Zach! Per our lease agreement
2 executed on July 5, 2021, I am providing you written notice that I will not be renewing your lease past the
3 month of November. Thus, you will need to vacate on or before Nov 30, 2021. I will arrange a
4 walkthrough of the property at that time. I appreciate you choosing to rent the property. Best, Jeff Prather
5 303.898.2874”. (sic)
6
On October 25th 2021 at 1:54pm, I responded stating “Jeff, Thanks for your communication. I understand
7
that I received this communication after trying to help you address your ongoing safety and health
8
violations, the same ones as to the root cause of when your plumbing problem forced feces up the shower
9
drain a number of times, with the pics I showed you and all. The records from Roto Rooter about how
10
many times they have had to come over here and advise you to fix serious plumbing issues, is also
11
alarming. The poor guys were frustrated about why you still haven't done that. I will work on updating
12
my app with regard to the rental assistance agreement and all to make sure they know to pay me directly
13
and also be duly informed about the ongoing safety and health hazards in your lower unit to help protect
14
future renters. Thanks for your advanced understanding. ZR”
15
16 On October 25th 2021 at 1:58pm you sent me a text stating “Per lease VIII.a.iii you are responsible for
17 keeping plumbing sanitary and clean. That being said I will arrange for someone to assess situation and
18 will coordinate accordingly” (sic)
19 On October 26th 2021 at 2:01pm I replied your text with pictures and I wrote “Hi Jeff, Thanks for your
20 text communication. Per roto rooter records, they state you have a structural issue that is a problem they
21 have advised you to fix over and over, as you also acknowledged to me in your communications. Tom
22 and I came into the place with that picture I sent you. It was disgusting with regard to the toilet, etc. It had
23 to deep clean and this is what it looks like now and has been since.”
24 On October 26th 2021 at 2:26pm I responded stating: “Jeff, Stop threatening me. Never threaten me
25
again. Stop with your false accusations. The evidence in clear. The evidence speaks for itself. Let it do it’s
26
job.”
27
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- 9 of 20
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1 On October 26th 2021 at 9:56pm you texted me “The reason rotor-rooter came was due to main sewer
2 line having roots in it. That is common for every house in Bozeman that is older. You are right that there
3 is a sharp turn in pipe where if you flush any excessive paper down it will cause issues. That is not a
4 structural issue. Glad you are happy with how the toilet looks. None of this has to do with the sinks ability
5 to drain tho. I will have Kendell come look at later this evening”At 10:29am-10:31am I responded with
6
“At this point, given your email to me yesterday giving me a month left here, dont worry about it. Your
7
new renters can tell you about it if they want. I’ve dealt with it for months, I can deal with it for one
8
more.” “And as I noted, I am very frugal with toilet paper use, and don’t flush anything else down there.”
9
On October 26th at 2:18pm you emailed me “Again, what brought roto-rooter there had nothing to do
10
with what has occurred in the past. There has never been a health situation that has not been taken care of
11
in a timely manner. I am pretty sure if the unit was brand new, you would find a way to complain about
12
something and based on history it would likely be based on speculation, uneducation and/or you not
13
taking initiative to do anything for yourself. You seem to be familiar with the defamation laws and this is
14
the epitome of it. I have taken this as a personal attack. Our lease agreement is month to month for many
15
16 reasons as I shared when you moved in. I am electing not to rent to you anymore under the terms you
17 agreed to and this is fully my right. It also allows both of us to not be stuck in a long term arrangement
18 when life events require a change to that arrangement. No matter what, I don't owe you a reason for not
19 renewing. Be careful with your speculation....If you can find a place to go sooner, please feel free to do
20 so. Per the lease, just give me 30 days notice and I will prorate rent accordingly. Otherwise, I do expect
21 full rent no later than 11/5. I genuinely hope you find peace and that you see that you can create your own
22 happiness. Speaking from experience this will truly transform your life. The world isn't out to wrong
23 you...Jeff” (sic)
24 On October 26th 2021 at 3:10pm I replied stating: “In response to your threatening and fictitious email to
25
me littered with pretext to hide your retaliatory annimus: For future renters and to help you correct your
26
thinking errors and false statements: Look through the texts I provided you offering to fix the fence that
27
Kendal has made a nuscence for me. See attached video showing the same. Just taken last night. (Since
28
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1 you continue to threaten me, I must continue to maintain and collect evidence). See new texts from
2 Kendel telling me not to move the branches that fell next to the entry to the fence that I had to wait a
3 week for to get taken care of. I asked Kendal if I could help there, if there was a hand saw, etc., she said
4 don’t do anything and she will take care of it. Prior to this, I was a huge proponent of starting and doing a
5 large majority of the house’s leaves issue. See attached pics. I was out there till dark. Several hours. I
6
started for hours prior to. And Jeff, I’m largely a universalist and constitutionalist. When someone injures
7
another, and it can be show, that person deserves to petition for redress. Sure, the three branches of our
8
government rarely function properly or to the degrees they are expected, but that is no reflection on
9
anyone but those leaders. Be very careful in your outlandish assumptions. And what you wrote me, is
10
false indeed. When someone wrongs someone, they need to learn that that is not ok. Just like your
11
daughter told me that you sued a real estate company for her simply breaking an ankle on their property.
12
(That sounds quite excessive to me, and a reasonable person, in fact. You all sound litigious. People
13
would label that as malicious too, perhaps, like someone faking a slip and fall at Walmart to extort money
14
out of the behemoth. I’m simply trying to make sure I get my basic needs met, housing, shelter, income,
15
16 etc., and when someone threatens that and acts unlawfully, they need to be held accountable — especially
17 so they dont do it to more people.) Your characterizations and thinking errors make you sound insane.
18 Also, I am working on making arrangements as to what you have directed and yes, will certainly let you
19 know accordingly. But this does not mean I waive any rights. That said, I have been nothing but kind to
20 you all. You have this issue with thinking everyone is out to get you. You hurt people that are simply kind
21 to you and give you a heads up. Makes you sound so delusional and unhealthy. As for my reasonable
22 request to live in a place that is not in bad of shape as yours, which others have told me when looking at
23 it, btw, is nothing to threaten and try to injure me about. I do hope you continue to get the help you need
24 of your issues with physical/mental health. Everyone needs it at some point or another, or ongoing. No
25
shame in that. Please be careful not to treat your other renters like this. Sounds like you have had lots of
26
renters in and out of this place. I see why now. Please simply stop threatening and trying to injure me so
27
that this transition can happen as smoothly and quickly as possible. Thanks. Zach Rusk” (attachments to
28
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1 this email communication included 7pages of texts between Kendal Prather and me beggining from
2 October 5th at 10:01pm; four pictures.)
3 On October 26th at 3:31pm you emailed me again stating: “Funny! This coming from a person who
4 informs me multiple times they use drugs and are addicted to them and need to check in to rehab. You
5 continue to make my point. Bottom line, I don't want you to rent the unit anymore. There are no threats
6
being made. If you don't like things then take initiative to rectify. One of those should have been to find
7
another place to live all along. I am done here!”
8
On October 26th 2021 at 3:39pm I replied stating: “Jeff, stop lying. I have never said and have never been
9
addicted to drugs. I have never used any illicit drugs aside from when Tom drugged and raped me last
10
spring. I have a number of conditions that they were trying to figure out the best medicines for which they
11
found recently (an anti seizure medication due to finding seizures in my brain). The reason we were
12
considering impatient care was to have someone (a whole team of doctors) be there 24/7 for me for at
13
least a week or two to try and help evaluate and really try and help make the medication changes occur
14
quicker without as many side effects. (My psychiatrist had me on prescription ketamine which was not
15
16 helpful and took time to get it out of my system.) You dont need to know this, but please stop hurting
17 people and try and help be a far more productive to make this a smoother transition from your end. BTW,
18 your daughter allowed me to take pictures of her numerous bongs (they just looked cool) upstairs that I
19 have said I can smell all through the downstairs area given how thin the walls and all are.”
20 On October 26th 2021 at 4:09pm you emailed me stating: “Yep. I am sure that is why the ambulance
21 came and had all the neighbors hounding me as the block was surrounded with cops cars. Not once did
22 this occur, but twice. What did you tell me..."it will never happen again", but it did! My patience is done
23 and I think we can both agree this is a complete waste of both our time. If I elect to stop by next week I
24 will let you know. Jeff” (sic)
25
On October 26th 2021 at 4:11pm you emailed stating “Evidence of what? You taking pictures of leaves.
26
Please…” (sic)
27
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- 12 of 20
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1 On October 26th 2021 at 4:20pm I replied stating: “Jeff, I just got to the store to pick up some items (i
2 walk), and i have received two more calls and two more emails from you that appear to allege again a
3 plethora of fictitious narratives and false information and are nothing but threatening and harassing after i
4 told you to stop. I must now make a police report.”
5 On October 26th 2021 at 6:57pm you emailed stating “I called to try to clear the air with you. You do
6
what you need to do and can work with my attorney here on out. Crowley Fleck Kaitlin Taylor Jeff” (sic)
7
On October 26th 2021 at 6:56pm I received a call form a Sgt of the Sheriffs office to take my report about
8
you. I asked him to make sure that you know that you if you chose and feel a need to enter this downstairs
9
unity, that you are of course welcome to, but to please make sure you know that I need a reasonable heads
10
up and that I request that an Officer from the Sherriff’s office be present. This typically means that I
11
would need a 24 hour heads up at least, and that they would need a two hour heads up.
12
Sgt Cameron gave me a thumb drive to provide him 22 attachments to log into evidence. (Screen shot
13
entitled “Screen Shot 2021-10-31 at 12.20.31 AM” attached.)
14
Also attached is a document entitled “45-5-220. Stalking--exemption--penalty _ Statutes _ Montana _
15
16 Westlaw Edge”. (refer to 45-5-220(1)(b)(2)(a)(b). (n addition, attached is a document entitled “Notes of
17 Decisions - 45-5-220. Stalking--exemption--penalty _ Westlaw Edge”.)Note that on October 25th and
18 26th you emailed and texted me at least nine times and called me at least three times.
19 On October 26th 2021 at 2:26pm I responded stating: “Jeff, Stop threatening me. Never threaten me
20 again. Stop with your false accusations. The evidence in clear. The evidence speaks for itself. Let it do it’s
21 job.”
22 You persisted to text and email me two more times with the content of your electronic communications
23 showing they were in express violation of my request to you in writing demanding that you (in my
24 October 26th 2021 at 2:26pm email reply to yours) in response to your communications to me as to “top
25
threatening me. Never threaten me again. Stop with your false accusations. The evidence in clear. The
26
evidence speaks for itself. Let it do it’s job.” Your violations to such occurred via email on on October
27
26th 2021 at 9:56pm; 2:18pm; 3:31pm; 4:09pm; 4:11pm; & 6:57pm given the contents of these emails
28
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1 from you included information that is irrelevant, patently false, can be clearly characterized as bullying,
2 harassing, intimidating, annoying, very inappropriate, improper, etc.
3 You also called me three times in addition at the times of 4:13pm (Facetime audio); 4:13pm (non-face
4 time audio phone call), and a 6:56pm (non-Facetime audio phone call).
5 Out of your practically a dozen harassing, abusive, bullying, intimidating, annoying, inappropriate and
6
improper texts/emails/calls to me in less than 24 hours, I responded to practically half or less than half of
7
them. This enumeration in and of itself speaks to what it does, in addition to the context behind it when
8
looking at the content.
9
Duly note that the reason I am responding and following up is to make sure you understand how serious
10
your actions and behavior has been and how much emotional distress you have caused me by your
11
episodes and outbursts days ago, not to mention the lawlessness as to your retaliation against me to
12
simply trying to help you resolve a number of lease violations and covenants of your own, as well as
13
ongoing unaddressed and undeterred safety and health violations.
14
Moreover, given you stated you will let me know next week if you decide to stop by, that is fine, but due
15
16 to the emotional distress you have caused me from your conduct that can clearly be shown as criminal
17 stalking based on Montana statute (harassment itself, in Montana, contrary to most any other state, is in
18 fact criminal stalking, if you didn’t know), I must make sure you are aware that I expect that you provide
19 me a 24hour heads up and make sure that you notify the sheriff’s office at least a few hours ahead of your
20 planned visit to ensure that a sheriff’s office deputy is present if and when you choose to enter the unit I
21 am renting at 211 N 10th Ave Bozeman MT 59715.
22 --
23 Zach Rusk
24 Email zachrusk5@gmail.com
25
Phone (435) 557-1570
26
eMBA Candidate | Utah State University
27
B.S. Psychology | University of Utah
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1 www.linkedin.com/in/zachrusk
2 www.facebook.com/zrusk1
3 Bozeman, Montana, 59715, United States
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From: Zach Rusk <zachrusk5@gmail.com>
17
Date: December 6, 2021 at 1:08:42 PM MST
18
To: Jeff Prather <jeffrey.prather@gmail.com>
19
Cc: "BUNITSKY, VICTO" <victor@vnblaw.com>, Steve Rusk <sruskpc@msn.com>,
20
josh.rusk@gmail.com, nruskpc@gmail.com, Al Zuehlke <alzuehlke@runbox.com>, Kaitlin Taylor
21
<ktaylor@crowleyfleck.com>
22
Subject: Re: Demand and LOI if and as Required by Law re: Pre-Suit Notice
23
24 See you in court. Best of luck.
25 On Dec 6, 2021, at 12:47 PM, Jeff Prather <jeffrey.prather@gmail.com> wrote:
26 I just received email confirmation from Accounting and have an email stating such and also confirmed
27 that they have rejected the payment and will not be paying me.
28 I am done here!
- 15 of 20
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1 On Mon, Dec 6, 2021 at 11:28 AM Zach Rusk <zachrusk5@gmail.com> wrote:
2 Again. Stop lying. I have all the evidence showing everything. See you in court. Also, stop using and
3 wasting Kaitlins time.
4 From: Zach Rusk <zachrusk5@gmail.com>
5 Date: December 6, 2021 at 11:26:25 AM MST
6
To: Jeff Prather <jeffrey.prather@gmail.com>
7
Cc: "BUNITSKY, VICTO" <victor@vnblaw.com>, Steve Rusk <sruskpc@msn.com>,
8
josh.rusk@gmail.com, nruskpc@gmail.com, Al Zuehlke <alzuehlke@runbox.com>, Kaitlin Taylor
9
<ktaylor@crowleyfleck.com>
10
Subject: Demand and LOI if and as Required by Law re: Pre-Suit Notice
11
Jeff,
12
Attached will be used as evidence to order you to return the $300 you charged me in unessessary late fees.
13
What else do you need? There is an additional over $500 in overdraft fees and late payment fees you
14
created for me due to this. When you return the $1,300 plus $300 ($1600) I will provide you with more
15
16 detail on those. In addition, $200 for moving needs. I have and will maintain (and pursue my) claims
17 against you until remedied.
18 On Dec 6, 2021, at 12:20 PM, Jeff Prather <jeffrey.prather@gmail.com> wrote:
19 I have spoken with Montana Housing and let them know you have moved and that I have deducted
20 outstanding rent and late fees from the deposit. I provided the details to them. They were unaware that
21 you had moved. They have had a system issue on their side that has prevented them from issuing payment
22 and had NOTHING to do with my returning their call and providing info to help you as you assert. They
23 will not be sending me the funds per my request.
24 In my discussions with State, I realized I based all calculations off of $1350 rent and it should have been
25
$1300. Inadvertently, I did short you $33.34 in your refund. I have Venmoed $50 to true up and offset the
26
delay.
27
Jeff
28
- 16 of 20
-
1 From: "Cabana, Skye" <Skye.Cabana@mt.gov>
2 Subject: RE: [EXTERNAL] Re: Montana Housing - Emergency Rental Assistance Application Approved
3 Date: December 3, 2021 at 3:29:37 PM MST
4 To: Zach Rusk <zachrusk5@gmail.com>
5 You’re welcome. We are working the oldest applications first, your application has not been picked up by
6
a reviewer yet, unfortunately I don’t have a date it will be grabbed. Please keep an eye for status updates
7
on your application portal.
8
From: Zach Rusk <zachrusk5@gmail.com>
9
Sent: Friday, December 3, 2021 1:16 PM
10
To: Cabana, Skye <Skye.Cabana@mt.gov>
11
Subject: Re: [EXTERNAL] Re: Montana Housing - Emergency Rental Assistance Application Approved
12
Thank you for the info. Any update on my app for this month through Feb?
13
Application info
14
Status: Submitted
15
16 Application Number: APP0018847
17 Last Updated: 11-22-2021 03:36:53 PM
18 On Dec 1, 2021, at 3:00 PM, Cabana, Skye <Skye.Cabana@mt.gov> wrote:
19 I’m not sure as I’m a reviewer. Looking at the notes on your application its says there was something
20 wrong with the landlord banking info and had to be re-sent to payments.
21 On Mon, Dec 6, 2021 at 10:26 AM Zach Rusk <zachrusk5@gmail.com> wrote:
22 Jeff,
23 Attached will be used as evidence to order you to return the $300 you charged me in unessessary late fees.
24 What else do you need? There is an additional over $500 in overdraft fees and late payment fees you
25
created for me due to this. When you return the $1,300 plus $300 ($1600) I will provide you with more
26
detail on those. In addition, $200 for moving needs. I have and will maintain (and pursue my) claims
27
against you until remedied.
28
- 17 of 20
-
1 <image0.jpeg>
2 <image1.jpeg>
3 On Dec 6, 2021, at 10:53 AM, Jeff Prather <jeffrey.prather@gmail.com> wrote:
4 Zach,
5 I have requested proof of funds as I don't have never received the Nov rent and you have elected to
6
provide no info on the said transaction. Given that, there are no options left for me to try to help here. I
7
will be calling the State today to try to reconcile this one last time. I will also instruct them to pay you
8
directly as you have fulfilled your obligations to me and there is no point in me being in the middle of
9
something I don't need to be.
10
Jeff
11
On Mon, Dec 6, 2021 at 7:41 AM Zach Rusk <zachrusk5@gmail.com> wrote:
12
After you return to me the $1,300, I will provide you with additional details as to other costs and damages
13
your lawless conduct incurred me.
14
On Dec 3, 2021, at 1:54 AM, Zach Rusk <zachrusk5@gmail.com> wrote:
15
16 December 3rd, 2021
17 Dear Jeffrey Prather: This letter is being sent to you regarding outstanding funds that are owed to me in
18 the amount of now over $2,300 (two-thousand and three-hundred dollars). The reason you owe me these
19 outstanding funds is due to your pervasive, egregious unaddressed and undeterred violations of law as
20 already disclosed in large part as it pertains to $1,300 excess rent paid to you on my behalf that you have
21 failed to return, $300 of my $1,300 deposit you have failed to return, in addition to over $700 in costs and
22 charges incurred directly as a result of your numerous very serious violations of law. As you agreed to in
23 writing, I expected the amount agreed to be paid back in full by November 30th, 2021. As it has not yet
24 been paid back, I expect you to take prompt action to satisfy your financial obligations to me in the
25
amount if $2,300.
26
If payment is not made within the next 14 (fourteen) days, I reserve the right to take any and all legal
27
actions necessary to recover the full amount without further notice to you, in addition to recovering costs
28
- 18 of 20
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1 of suit to have to do so, to be taxed to you and with pre-judgement and post-judgement interest at the
2 highest lawful rate (typically 24% per annum). Please be advised this letter may be used as evidence
3 regarding your failure to pay. I would appreciate your prompt and immediate attention to the matter.
4 Re: LETTER OF INTENT TO SUE
5 Effective Date: December 3rd, 2021. Notice of Intent to File Lawsuit (re: Demand)
6
Jeffrey Prather, Registered Agent for 211 N 10th Ave, LLC
7
5633 Walter Hagen Drive, Billings, MT 59106
8
jeffrey.prather@gmail.com 303.898.2874
9
Dear Jeff Prather, This letter of intent to sue shall serve as a formal notice that Zach Rusk intends to
10
commence a lawsuit against you due to the following:
11
I. The Plaintiff: Zach Rusk (the “Plaintiff”).
12
II. The Defendant: Jeff Prather (the “Defendant”).
13
III. Relief: As a result of your actions, the Plaintiff seeks relief in the form of: See above.
14
Payment in the amount of two-thousand and three-hundred Dollars ($2,300.00).
15
16 IV. Settlement Demand:
17 You may cure and/or settle this matter outside of court and avoid a lawsuit by doing the following within
18 14 days of receiving this Letter of Intent: Pay plaintiff $2,300.00.
19 V. Governing Law: At this time, this Letter of Intent shall be governed under the laws and Rules of the
20 State of Montana or it's Federal District and Circuit Court of Proper Jurisdiction.
21 Note: 211 N 10th Ave, LLC is a Montana Domestic Limited-Liability Company filed On July 29, 2019.
22 The company's File Number is C1126994. The Registered Agent on file for this company is Jeffrey S.
23 Prather and is located at 5633 Walter Hagen Drive, Billings, MT 59106. The company's mailing address
24 is 5633 Walter Hagen Drive, Billings, MT 59106. The company has 1 principal on record. The principal
25
is Jeffrey S. Prather from Billings MT.
26
DEMAND FOR RELIEF
27
10. WHEREFORE, the Plaintiffs pray for the following relief:
28
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1 1. Issue an order enjoining Defendant to cease and desist from the conduct described
2 above, and from retaliating against Plaintiff in any manner whatsoever.
3
2. Issue an order requiring Defendant to take steps to protect Plaintiff and other renters
4
similarly situated from the type of conduct described in above.
5
3. Issue an order requiring Defendant to adopt and disseminate a policy protecting his
6
7 renters from the type of conduct described in above and establishing reasonable
8 and adequate procedures for investigating such complaints and taking suitable
9 remedial action.
10
4. Award Plaintiff pecuniary and non-pecuniary damages in an amount to be established
11
at trial.
12
5. Award Plaintiff damages for emotional suffering in an amount to be established at trial.
13
6. Award pre-judgment and post-judgment interest at the highest lawful rate;
14
15 7. Award Plaintiff compensatory damages and liquidated damages in an amount to be
16 established at trial.
17 8. Award Plaintiff attorneys fees in an amount to be established at trial.
18
9. Award Plaintiff costs, including expert witness fees.
19
10. Award Plaintiff such other relief as this Court may deem proper.
20
11. Award Plaintiff punitive damages in amount to be established at trial.
21
22 12. Trial by jury.
23 13. Such other and further relief as may be deemed just and proper in the premises.
24 DECLARATION . I, Zachary Rusk, under penalty of perjury, do hereby certify that the
foregoing information is true and correct to the best of my knowledge. This the 7th day of
25 December, 2021.
26
Dated on this December 7th Day in the year of 2021.
27
/s/ Zachary Rusk in propria persona
28
- 20 of 20
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