Butler v. Motiva Performance Eng'g, LLC

CourtNew Mexico Supreme Court
DecidedJune 30, 2025
StatusUnpublished

This text of Butler v. Motiva Performance Eng'g, LLC (Butler v. Motiva Performance Eng'g, LLC) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Butler v. Motiva Performance Eng'g, LLC, (N.M. 2025).

Opinion

The slip opinion is the first version of an opinion released by the Chief Clerk of the Supreme Court. Once an opinion is selected for publication by the Court, it is assigned a vendor-neutral citation by the Chief Clerk for compliance with Rule 23- 112 NMRA, authenticated and formally published. The slip opinion may contain deviations from the formal authenticated opinion.

1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

2 Opinion Number:

3 Filing Date: June 30, 2025

4 NO. S-1-SC-40215

5 CREIG BUTLER,

6 Judgment Creditor-Respondent,

7 v.

8 MOTIVA PERFORMANCE 9 ENGINEERING, LLC,

10 Judgment Debtor,

11 and

12 DEALERBANK FINANCIAL SERVICES, 13 LTD, and ARMAGEDDON HIGH 14 PERFORMANCE SOLUTIONS, LLC,

15 Relief Defendants,

16 and

17 WILLIAM S. FERGUSON,

18 Relief Defendant-Petitioner.

19 ORIGINAL PROCEEDING ON CERTIORARI 20 Victor S. Lopez, District Judge 1 Kennedy, Hernandez & Harrison, P.C. 2 Paul J. Kennedy 3 Jessica M. Hernandez 4 Elizabeth A. Harrison 5 Albuquerque, NM

6 for Petitioner

7 Modrall, Sperling, Roehl, Harris & Sisk, P.A. 8 Spencer L. Edelman 9 Elizabeth A. Martinez 10 Laura M. Unklesbay 11 Taryn F. Hanrahan 12 Albuquerque, NM 13 for Respondent 1 OPINION

2 BACON, Justice.

3 {1} Yet once more, we clarify the scope of our courts’ extraordinary contempt

4 power to ensure the Judiciary does not act lawlessly in the course of upholding the

5 law. In this case, we conclude the district court’s use of remedial contempt

6 procedures to impose punitive contempt sanctions was clearly in error and deprived

7 Petitioner William Ferguson of due process.1 We consider, however, whether the

8 sanctions can be affirmed in the alternative under the district court’s inherent powers

9 or Rule 1-011(A) NMRA (Rule 11). We hold that the sanctions cannot be upheld

10 under the court’s inherent powers because sanctions imposed through inherent

11 powers are, with limited exceptions, circumscribed by our contempt law and subject

12 to the same due process standards. However, we hold that due process requirements

13 under Rule 11 are not coterminous with those for contempt, and because Ferguson

14 does not challenge the district court’s imposition of sanctions under Rule 11 for

15 abuse of discretion or argue how he was deprived of due process specifically under

1 In accordance with In re Marshall, we use the terms “remedial” and “punitive” contempt throughout this opinion. 2023-NMSC-009, ¶ 23, 528 P.3d 670 (“Contempt charges formerly classified as either ‘civil’ or ‘criminal’ should instead be regarded as ‘remedial’ or ‘punitive’ to more accurately reflect the distinctions between the different types of contempt.”) 1 Rule 11, we uphold the district court’s sanctions on Rule 11 grounds. We thus affirm

2 the Court of Appeals in part and reverse in part, and remand this matter to the district

3 court for proceedings consistent with this opinion.

4 I. BACKGROUND

5 A. Ferguson’s Conduct

6 {2} Respondent Creig Butler filed suit against Ferguson’s company, Motiva

7 Performance Engineering, for Motiva’s failed attempt to upgrade Butler’s H3

8 Hummer. A jury found Motiva liable for breach of contract, fraudulent

9 misrepresentation, and violation of the Unfair Practices Act. The district court

10 entered judgment against Motiva in the amount of $292,000 plus interest, costs, and

11 attorney’s fees. Ferguson was both a managing member of Motiva and a licensed

12 attorney. He and his law firm, Will Ferguson and Associates, represented Motiva

13 throughout the litigation. Two months after the verdict, Motiva shut down

14 operations.

15 {3} At the time of the verdict, Motiva owned a 2012 Ferrari FF. A few days after

16 the verdict but before judgment for damages, Ferguson transferred title of the Ferrari

17 from Motiva to another one of his companies called Dealerbank. Following the

18 judgment for damages, the district court issued a Writ of Execution directing the

19 sheriff to seize Motiva’s assets to enforce the judgment. A sheriff’s deputy attempted 1 to execute the writ, but was told by Ferguson there was a landlord’s lien against

2 Motiva for unpaid rent and so he could not seize Motiva’s inventory. The deputy left

3 and no assets were seized.

4 {4} Butler then filed a Motion for Declaration of Ownership (Ownership Motion)

5 asking the district court to determine who owned the Ferrari. He also filed a Verified

6 Application for Writ of Attachment or in the Alternative, for a Preliminary

7 Injunction (PI Application) to prevent Ferguson from potentially draining assets

8 while the Ownership Motion was litigated.

9 {5} The district court held a hearing on the PI Application, and orally stated it was

10 inclined to “allow an attachment to the Ferrari until we figure out what is going on

11 here.” The court instructed the parties to work together to draft a preliminary

12 injunction and prepare an order reflecting “the TRO[] [and] the attachment.” One

13 day after the injunction hearing, and while corresponding with Butler’s counsel

14 about the draft order for the court, Ferguson applied for a $120,000 loan from Main

15 Bank, with Dealerbank pledging the Ferrari as collateral. Ferguson signed the loan

16 documents on his own behalf and on behalf of Dealerbank. After closing the loan,

17 Main Bank noted its interest in the Ferrari by obtaining a new certificate of title

18 listing Main Bank as the first lienholder. Subsequently, the district court entered its

19 written Preliminary Injunction and Order on Application for Writ of Attachment. In 1 the order, the court instructed Ferguson to “keep the Ferrari titled in Dealerbank’s

2 name.” Ferguson never disclosed the Main Bank lien to the court.

3 {6} Approximately five months later, the district court held a bench trial on the

4 Ownership Motion. Ferguson introduced into evidence an old copy of the Ferrari’s

5 title that did not reflect the Main Bank lien. After the bench trial, the court entered

6 its findings of fact and order on the Ownership Motion and declared the “title of

7 Dealerbank to the Ferrari should be . . . set aside in favor of Motiva’s prior and

8 superior title.” The court also ordered Ferguson to file an accounting of settlement

9 funds (accounting) to address an insurance payment from Allstate to Motiva that had

10 never been paid to Motiva. Four days later Motiva declared bankruptcy. Ferguson

11 timely complied with the district court’s order and filed the accounting, which stated

12 that the insurance proceeds—totaling $40,948—had been deposited into his personal

13 bank account rather than paid to Motiva. However, he failed to disclose—or

14 alternatively backdated—a promissory note wherein he loaned $41,000 to Motiva.

15 Soon after, Butler discovered the Main Bank lien on the Ferrari because it was listed

16 on Motiva’s bankruptcy filings.

17 {7} Butler filed a Motion for Order to Show Cause (OTSC), arguing Ferguson

18 should show cause why he should not be held in contempt of court and sanctioned

19 for remedial contempt and referred to the District Attorney for punitive contempt. 1 The district court entered its OTSC and stated its “concerns that [Ferguson] . . .

2 violated this Court’s Preliminary Injunction and Order on Application for Writ of

3 Attachment.” The court further specified the violations of the preliminary injunction

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