02/04/2014 — CV2013013650 SERVICE CORPORATION, QUALITY LOAN 02/04/2014 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
02/04/2014
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
QUALITY LOAN SERVICE CORPORATION
LAKSHMI JAGANNATH
v.
MARICOPA COUNTY TREASURER
PHILIP N BROWN
JULAN ZHU
513 E CHICAGO CIR
CHANDLER AZ 85225
HEARING SET
Before the court is Foothills Club West Community Association’s November 21, 2013
Application for Excess Proceeds and Julan Zhu’s October 28, 2013 Application for Release of
Excess Proceeds.
IT IS ORDERED setting this matter for a hearing on the competing Applications for
March 5, 2014 at 8:30 a.m. (time allotted: 15 minutes) in this division. Counsel and the
parties, if representing themselves, are to appear in person before:
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
Phone: 602-372-2966
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
02/04/2014
Docket Code 056
Form V000A
Page 2
Fax: 602-372-8746
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the
Clerk’s Office not to accept paper filings from attorneys in civil cases. Civil cases must still be
initiated on paper; however, subsequent documents must be eFiled through AZTurboCourt
unless an exception defined in the Administrative Order applies.
03/03/2014 — CV2013013650 SERVICE CORPORATION, QUALITY LOAN 03/03/2014 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
03/03/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
QUALITY LOAN SERVICE CORPORATION
LAKSHMI JAGANNATH
v.
MARICOPA COUNTY TREASURER
PHILIP N BROWN
JULAN ZHU
513 E CHICAGO CIR
CHANDLER AZ 85225
RULING
Before the court is Applicant Julan Zhu’s February 26, 2014 Motion to Continue.
IT IS ORDERED denying the Motion. Applicant Zhu may appear at the March 5, 2014
hearing by phone by contacting this division at 8:30 a.m. at 602-372-2966.
Let the record reflect Julan Zhu was advised of the foregoing via the court’s Judicial
Assistant on February 28, 2014.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the
Clerk’s Office not to accept paper filings from attorneys in civil cases. Civil cases must still be
initiated on paper; however, subsequent documents must be eFiled through AZTurboCourt
unless an exception defined in the Administrative Order applies.
03/05/2014 — CV2013013650 SERVICE CORPORATION, QUALITY LOAN 03/05/2014 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
03/05/2014
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
QUALITY LOAN SERVICE CORPORATION
LAKSHMI JAGANNATH
v.
MARICOPA COUNTY TREASURER
PHILIP N BROWN
JULAN ZHU
513 E CHICAGO CIR
CHANDLER AZ 85225
HEARING
Courtroom: ECB-512
8:30 a.m. This is the time set for hearing on the competing Applications for Excess
Proceeds. Applicant Foothills Club West Community Association is represented by Counsel
Craig Armstrong (appearing in place of Philip N. Brown). No other party is present or
represented.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Let the record reflect that Julan Zhu attempted to call in for today’s hearing but was
unsuccessful. The court could hear Applicant Zhu but Applicant Zhu apparently could not hear
the court. The court will proceed without Applicant Zhu.
Counsel for Applicant Foothills Club West Community Association reports that its claim
has been settled, and, therefore, it is withdrawing its Application for Release of Excess Proceeds.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
03/05/2014
Docket Code 005
Form V000A
Page 2
IT IS ORDERED deeming the November 21, 2013 Application for Excess Proceeds
withdrawn.
Therefore, the only claim remaining is that filed by Applicant Zhu. The court notes that
the Application of Julan Zhu was filed on October 28, 2013; however, the notice requirements of
A.R.S. § 33-812(G) have not been met. The court therefore cannot grant the Application at this
time.
IT IS ORDERED that this matter will be dismissed on June 1, 2014 unless by that date
Applicant Zhu complies with the requirements of A.R.S. § 33-812(G).
8:34 a.m. Matter concludes.
Later
A.R.S. § 33-812(G) requires that a person applying for excess proceeds serve each person
listed by the trustee as follows:
The applicant shall mail postage prepaid by any form of mail that
requires a signed and returned receipt a copy of the application to
the county treasurer and all persons at each of the addresses named
on the list of persons that is incorporated in or attached to the
complaint and to any other address of the persons that is known to
or ascertained by the applicant or the applicant’s agent.
Subsection (G) further requires the a person applying for excess proceeds to file an affidavit
demonstrating service. The statute contains very specific requirements for what that affidavit
must contain, and the proof that must be attached to it.
Applicant has not complied with these statutory requirements for the following reasons:
No affidavit of service has been filed.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
05/29/2014 — CV2013013650 SERVICE CORPORATION, QUALITY LOAN 05/29/2014 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/02/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
05/29/2014
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
QUALITY LOAN SERVICE CORPORATION
LAKSHMI JAGANNATH
v.
MARICOPA COUNTY TREASURER
JULAN ZHU
513 E CHICAGO CIR
CHANDLER AZ 85225
ORDER SIGNED
Before the court are Julan Zhu’s October 28, 2013 Application for Release of Excess
Proceeds and March 27, 2014 Affidavits of Mailing. No objection or competing application
having been filed, and good cause appearing,
IT IS ORDERED granting the Application, all in accordance with the formal written
Order for Release of Excess Proceeds of Sale signed by the court on May 29, 2014 and entered
(filed) by the clerk on May 29, 2014.
The Maricopa County Treasurer shall release the excess proceeds, less a $30 processing
fee payable to the Maricopa County Treasurer, to Applicant Julan Zhu, or a representative
thereof, upon presentation of a certified copy of the Order for Release of Excess Proceeds of Sale
and a fully executed U.S. Treasury Form W-9 to the Maricopa County Treasurer pursuant to
A.R.S. Sec. 33-812(g).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013650
05/29/2014
Docket Code 022
Form V000A
Page 2
A certified copy of the order has been prepared for Applicant Zhu and is available for
pickup from Judge Warner’s outbox, located in the East Court Building of the Central Court
Complex, 5th Floor, 101 West Jefferson, Phoenix, Arizona.
