02/08/2013 — CV2012016141 CONDOMINIUM ASSOCIATION, ANGEL PARK 02/08/2013 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016141
02/08/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
D. Glab
Deputy
BERGER FARMS INC
STEVEN W CHEIFETZ
v.
ANGEL PARK CONDOMINIUM
ASSOCIATION, et al.
MARK E LINES
ORAL ARGUMENT HELD
Courtroom 412 – East Court Building
9:32 a.m. This is the time set for oral argument on Defendant John Kowatt’s Motion to
Dismiss. Plaintiff is represented by counsel, Steven W. Cheifetz. The Bergers are present.
Defendants are represented by counsel, Mark E. Lines.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is held.
IT IS ORDERED taking the motion under advisement.
9:55 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016141
02/08/2013
Docket Code 005
Form V000A
Page 2
LATER:
The Court heard oral argument on Defendant Kowatt’s Motion to Dismiss, filed
November 5, 2012. A response and reply were filed. The Court considered the parties’ papers
related to the motion, their arguments and the complaint.
In deciding a motion to dismiss filed pursuant to Rule 12(b)(6), A.R.C.P., the Court
assumes the facts alleged in the complaint are true. Dressler v. Morrison, 212 Ariz. 279, 130
P.3d 978 (2006).
Plaintiff homeowner sued its homeowners association (HOA) and the HOA president
alleging they committed a series of wrongful acts that harmed Plaintiff. Count 1 was against
Defendant HOA President Kowatt only, and it alleges breach of fiduciary duty. The instant
motion concerns only Count 1, and only Defendant Kowatt. The complaint alleges that
Defendant Kowatt owes fiduciary duties to the Association, as well as to its individual members.
It is undisputed that Plaintiff is a member of the Association.
Kowatt owes a duty of good faith and fair dealing to Plaintiff as a member of the
Association. The complaint alleges that he breached that duty of good faith and fair dealing by
abusing his power as HOA President to intentionally harm Plaintiff. As stated in
Bischofshausen, “[c]orporate directors are not personally liable for torts committed by the
corporation or by one of its officers merely by virtue of the office they hold. To be held liable,
the directors or officers must participate or have knowledge amounting to acquiescence or be
guilty of negligence in the management or supervision of the corporate affairs causing or
contributing to the injury.” Bischofshausen, et al. v. D.W. Jaquays, 145 Ariz. 204, 210-211, 700
P.2d 902, 908-909 (App. 1985).
Taking all well-pled allegations as true, the Court finds that the complaint states a cause
of action against Defendant Kowatt.
IT IS ORDERED denying Defendant Kowatt’s Motion to Dismiss.
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.
12/21/2012 — CV2012016141 CONDOMINIUM ASSOCIATION, ANGEL PARK 12/21/2012 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/24/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016141
12/21/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
D. Glab
Deputy
BERGER FARMS INC
STEVEN W CHEIFETZ
v.
ANGEL PARK CONDOMINIUM
ASSOCIATION, et al.
MARK E LINES
ORAL ARGUMENT SET
The Court has received Defendant John Kowatt’s Motion to Dismiss, filed November 5,
2012, response and reply.
IT IS ORDERED setting Oral Argument re: Defendant John Kowatt’s Motion to Dismiss
on February 8, 2013, at 9:30 a.m. (30 minutes) in this division.
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.
