JUSTICE COURT, TOWNSHIP OF LAS VEGAS
Case No. 20A002929
Clark County, Nevada
Department No.: 4
Larry Gray Fuss, Jr.
3604 Casa Grande Ave.
Las Vegas, NV
Gray.tm.fuss@gmail.com
(702) 826-8567
Plaintiff, Pro Se
VERSUS
HEARING MEMORANDUM
Kristy John
5415 W. Harmon Ave., #1012
Las Vegas, NV
(702) 882-4460
Dubstep_kitty@yahoo.com
Defendant
The Defendant, Kristy John, herein referred to as Ms. John, by and through her counsel,
Joseph P. Reiff, Esq., hereby submits her Hearing Memorandum in support of her defense in the
above-entitled action.
This Memorandum is made and based upon the papers and pleadings on file herein, the
attached Memorandum of, and any oral argument adduced at the time of such hearing.
DEFENDANT’S CASE SUMMARY
This case involves an oral contract for sale of a Sphynx cat from the seller, Defendant
Kristy John (Ms. John) to the buyer, Plaintiff Larry Gray Fuss (Mr. Fuss). Relevant Facebook
communications between the parties occurred during the time period of August 12, 2020,
through August 15, 2020. Copies of referenced Facebook posts are attached as numbered
exhibits. Please note that the parties’ Facebook communications during the aforementioned time
period strayed from time to time, away from the relevant negotiations Ms. John references
herein.
The essential terms of the sale were communicated and an agreement in principle
was reached via the parties’ August 12, and August 13, 2020, Facebook communications.
See Exhibits “A” and “B”. Specifically, Ms. John agreed to deliver the cat, and Mr. Fuss agreed
to accept delivery at his Las Vegas residence, in exchange for a payment of $1,750 from Mr.
Fuss to Ms. John. The agreement was consummated on August 13, 2020, when Ms. John
personally delivered the cat to Mr. Fuss, at his residence, and Mr. Fuss accepted the transfer
while simultaneously paying Mr. John $1,750 in cash.
Thereafter, on August 13th and August 14th, Mr. Fuss expressed a degree of “buyer’s
remorse” associated with not receiving from Ms. John, certain documents related to the cat’s
pedigree. On August 15, 2020, Ms. John responded to Mr. Fuss’s regret by notifying Mr. Fuss
that she would return to Mr. Fuss his entire purchase price of $1,750 in exchange for his return of
the cat to her. Mr. Fuss responded twice on the same day, i.e., August 15, for Ms. John to
“Come get him” and, additionally responded later during the same day for Ms. John to “Cone
(sic) get the cat $1759 cash.” Exhibit “C”.
At trial, Ms. John will, under penalty of perjury, testify to the court, that on August 15,
2020, she presented at Mr. Fuss’s home with the $1,750 in an attempt to refund same in
exchange for the return of the cat to her, and that Mr. Fuss was aware of her attempt and refused
same. Likewise, Ms. John’s boyfriend, Zachary Rodriguez, will testify at the time of hearing,
that he too, attempted to return the sale money to Mr. Fuss, at Mr. Fuss’s residence on August
16, 2020, and once again Mr. Fuss was aware of his attempt and nonetheless refused the attempt.
Finally, on August 25 and August 26, 2020, Ms. John’s mother, Devy Shumaker (who will also
testify at the time of hearing) went to Mr. Fuss’s home on both of the days mentioned above; and
attempted to retrieve the cat from Mr. Fuss in exchange for the $1,750 purchase price, and as
before, Mr. Fuss was aware of the attempt and refused same.
The Defendant asserts the Affirmative Defenses of, including but not limited to, 1)
Laches; and 2) Waiver.
Respectfully submitted this 28th day of May, 2021.
/s/Joseph P. Reiff, Esq.
Law Office of Joseph P. Reiff
3001 E. Charleston Blvd., Ste. A
Las Vegas, NV 89104
Nevada Bar No. 6469
Attorney for Defendant, K. John
CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of May, 2021, I did serve a true and correct copy of the
aforegoing Hearing Memorandum on the Plaintiff via email at:
Larry Gray Fuss, Jr.
Gray.tm.fuss@gmail.com
Dated this 28th day of May, 2021.
/s/Joseph P. Reiff, Esq.
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