03/08/2006 — CV2005016599 DELGADO, JENNIFER 03/08/2006 HONORABLE ROBERT E. MILES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
03/08/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT E. MILES
M. Corriveau
Deputy
FILED: 03/10/2006
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION
AUGUSTUS H SHAW IV
v.
JENNIFER DELGADO, et al.
JONATHAN A DESSAULES
ARIZONA STATE DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007-2650
HONEYWELL AEROSPACE FEDERAL
CREDIT UNION
18301 N 79TH AVE
BUILDING A-100
GLENDALE AZ 85308
ORAL ARGUMENT SET
The Court is in receipt of Defendant Jennifer Delgado’s Motion for Leave to Amend
Answer and Counterclaim, Motion for Partial Summary Judgment, Plaintiff’s Response to
Defendants Motion for Partial Summary Judgment and Cross Motion for Summary Judgment,
and Plaintiff’s Motion to Dismiss Defendant’s Counterclaim.
IT IS ORDERED setting Oral Argument for April 17, 2006 at 3:00 p.m. in this
division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
03/08/2006
Docket Code 094
Form V000A
Page 2
Judge ROBERT E. MILES
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 372-0754
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
04/17/2006 — CV2005016599 DELGADO, JENNIFER 04/17/2006 HONORABLE ROBERT E. MILES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
04/17/2006
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT E. MILES
T. Melius
Deputy
FILED: 04/20/2006
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION
AUGUSTUS H SHAW IV
v.
JENNIFER DELGADO, et al.
JONATHAN A DESSAULES
ARIZONA STATE DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007-2650
HONEYWELL AEROSPACE FEDERAL
CREDIT UNION
18301 N 79TH AVE
BUILDING A-100
GLENDALE AZ 85308
MINUTE ENTRY
3:02 p.m. This is the time set for Oral Argument on Defendant’s Motion for Summary
Judgment and Plaintiff’s Motion to Dismiss Defendant’s Counterclaim. Plaintiff is represented
by counsel, Mark Lines, for Augustus H. Shaw, IV. Defendant is present with counsel, Jonathan
A. Dessaules.
Court reporter, Ann Salazar, is present.
Arguments are presented to the Court regarding Defendant Delgado’s Motion to Amend
Her Answer and Counterclaim.
IT IS ORDERED granting Defendant’s Motion to Amend her Answer and
Counterclaim.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
04/17/2006
Docket Code 005
Form V000A
Page 2
Further arguments are presented on the Cross-Motions for Summary Judgment.
IT IS FURTHER ORDERED denying both motions for summary judgment.
IT IS FURTHER ORDERED denying the Motion to Dismiss Defendant’s
Counterclaim.
IT IS FURTHER ORDERED that counsel meet and confer regarding the remaining
issue of attorneys’ fees and if possible, submit a stipulation regarding the manner in which the
parties would like to have the issue of attorneys’ fees decided.
3:25 p.m. Hearing concludes.
07/05/2006 — CV2005016599 DELGADO, JENNIFER 07/05/2006 HONORABLE ROBERT E. MILES View Minute Entry ↑ top
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- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
07/05/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT E. MILES
K. Ballard
Deputy
FILED: 07/07/2006
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION
AUGUSTUS H SHAW IV
v.
JENNIFER DELGADO, et al.
JONATHAN A DESSAULES
ARIZONA STATE DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007-2650
HONEYWELL AEROSPACE FEDERAL
CREDIT UNION
18301 N 79TH AVE
BUILDING A-100
GLENDALE AZ 85308
ORDER OF THE COURT
The Court has received and considered the parties’ Stipulation and Plaintiff’s Application
for Award of Attorneys’ Fees. The application seeks $13,900 in fees. The Complaint filed on
October 26, 2005 seeks to collect a delinquency of $1,165.59, which had been reduced to $45.59
as of December 22, 2005.
The “China Doll Affidavit” of Plaintiff’s counsel asserts that as of December 22, 2005,
counsel had incurred 17.5 hours on this action, including three hours drafting a six-page
Complaint that is, to a great extent, a form document, and 2.2 hours drafting two other very
simple form documents consisting of an affidavit of default and a request for a default hearing.
By letter dated December 22, 2005, Plaintiff’s counsel, on behalf of the Plaintiff, demanded from
Defendant $4,479.09, consisting of “all assessments, legal fees and court costs” in order to
resolve the matter. Unfortunately, the inability to resolve this action appears to have been
driven, primarily, by the legal fees claimed by Plaintiff’s counsel. However, Defendant
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
07/05/2006
Docket Code 023
Form V000A
Page 2
contributed to the problem by vigorously litigating the matter (including filing a Counterclaim),
rather than paying the arrearage and then seeking the Court’s determination of a reasonable fee.
In the Court’s view, the time incurred by Plaintiff’s counsel through December 22, 2005
is inflated and indicates that the remainder of counsel’s request may, likewise, be inflated.
Accordingly, the Court concludes it cannot rely on the China Doll Affidavit to establish a
reasonable fee. Therefore, taking into consideration the various factors set forth in ER. 4.2 and
Schweiger v. China Doll Restaurant, 138 Ariz. 183, 187, the Court concludes that a reasonable
fee for this matter is $2,000.00.
IT IS ORDERED awarding Plaintiff attorneys’ fees in the amount of $2,000.00 and
costs in the amount of $683.15.
09/06/2006 — CV2005016599 DELGADO, JENNIFER 09/06/2006 HONORABLE ROBERT E. MILES View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/12/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
09/06/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT E. MILES
E. Parrish
Deputy
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION
AUGUSTUS H SHAW IV
v.
JENNIFER DELGADO, et al.
JONATHAN A DESSAULES
ARIZONA STATE DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007-2650
HONEYWELL AEROSPACE FEDERAL
CREDIT UNION
18301 N 79TH AVE
BUILDING A-100
GLENDALE AZ 85308
INACTIVE CALENDAR
The Court is advised this case has been settled.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on October
6, 2006 without further notice unless prior to that date a proper Judgment is entered or submitted,
a Stipulation for Dismissal and form of Order are presented to this division, or other appropriate
filing is submitted.
Based upon the settlement of this case,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-016599
09/06/2006
Docket Code 078
Form V000A
Page 2
IT IS ORDERED withdrawing from the Court’s consideration the Motion for
Clarification on Minute Entry Awarding Fees and Request for Hearing on Proposed Form of
Judgment.
