01/26/2007 — CV2006016557 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 01/26/2007 JUDGE PENDLETON GAINES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-016557
01/26/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PENDLETON GAINES
A. Beery
Deputy
SUN CITY GRAND COMMUNITY
ASSOCIATION INC
JASON E SMITH
v.
SYLVIA J HEILBRUN DECEDENTS TRUST,
THE, et al.
SYLVIA J HEILBRUN DECEDENTS
TRUST, THE
16439 W CRATER LANE
SURPRISE AZ 85374
DANIEL PENTON
16439 W CRATER LANE
SURPRISE AZ 85374
VICKY ROSS
410 SHORELINE HWY
#6
MILL VALLEY CA 94941
MINUTE ENTRY
10:02 a.m. This is the time set for evidentiary hearing. Plaintiff is represented by
counsel, Jason E. Smith. Vicky Ross is present telephonically on her own behalf. Daniel Penton
is neither present nor represented by counsel.
Court Reporter, Monica Hill, is present.
Statements are made to the Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-016557
01/26/2007
Docket Code 005
Form V000A
Page 2
For the reasons stated on the record,
IT IS ORDERED granting the Plaintiff’s Application for Preliminary Injunction. Mr.
Daniel Penton and Mr. Shawn Henry and all others that are not age qualified are ordered to
comply with the provisions of the CC&R’s regarding age-qualified applicants, and because they
have not, the Court finds a breach of the CC&R’s by Mr. Penton and Mr. Henry and by the
Defendant trust and orders that that breach be cured not later than close of business on March 1,
2007, either by compliance with the CC&R’s, or by Mr. Penton and Mr. Henry moving out of
the house. This order will be enforced by the Sheriff with a writ of restitution on appropriate
application of the Plaintiff homeowners association.
On the issue of attorney’s fees, the Court will reserve determination of attorney’s fees but
would request that Mr. Smith and Ms. Ross meet and confer regarding same.
Counsel for the Plaintiff is to submit a form of order for the Court’s signature.
10:10 a.m. Daniel Penton is now present.
The Court reaffirms its orders.
10:15 a.m. Hearing concludes.
LATER:
Counsel having advised the Court that a stipulation has been signed by all parties,
including Mr. Penton, the Court vacates the above orders.
IT IS ORDERED counsel for Plaintiff is to submit a form of judgment consistent with the
stipulation.
11/20/2006 — CV2006016557 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 11/20/2006 JUDGE PENDLETON GAINES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/22/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-016557
11/20/2006
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PENDLETON GAINES
A. Beery
Deputy
SUN CITY GRAND COMMUNITY
ASSOCIATION INC
JASON E SMITH
v.
SYLVIA J HEILBRUN DECEDENTS TRUST,
THE, et al.
SYLVIA J HEILBRUN DECEDENTS
TRUST, THE
16439 W CRATER LANE
SURPRISE AZ 85374
DANIEL PENTON
16439 W CRATER LANE
SURPRISE AZ 85374
MINUTE ENTRY
2:05 p.m. This is the time set for return hearing re: Order to Show Cause. Plaintiff is
represented by counsel, Jason E. Smith and James Hazelwood. Defendant Daniel Penton is
present telephonically on his own behalf.
Court Reporter, Debbie Croci, is present.
Statements are made to the Court.
IT IS ORDERED setting evidentiary hearing on Plaintiff’s Application for Preliminary
Injunction for January 26, 2007 at 10:00 a.m. (1 hour) in this division. The following orders
apply to the hearing:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-016557
11/20/2006
Docket Code 056
Form V000A
Page 2
1. At the time of the hearing, either side may present evidence by way of affidavit or
declaration, as long as the affiant or declarant is available at the time of the
hearing for cross examination either by phone or in person.
2. Both sides are to exchange with one another their exhibit lists, witness lists, and
copies of all exhibits, copies of all affidavits and declarations, or anything else
they intend to use at the hearing not later than two full calendar weeks before the
hearing.
3. Either side is entitled to pursue a limited and reasonable amount of discovery. If
the parties cannot agree on what constitutes a limited and reasonable amount of
discovery, they are to telephone the Court for further direction.
4. If Mr. Penton intends to be represented by counsel, he is advised to hire a lawyer
immediately.
2:20 p.m. Hearing concludes.
