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Maricopa County Superior Court Case CV2007-092942: public docket details, parties, minute entries, documents, and official source links for Rancho Manana Homeowners Association.

Case Number

CV2007-092942

County

Maricopa

Caption

Not captured

Filed

12/14/2007

Case Type

Civil

Judge

Valenzuela, Michael

Location

Southeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/08/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
01/07/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
The Court has received and reviewed Third-Party Defendant Kaus’ Motion for Partial
Summary Judgment (Count IV) and Third-Party Plaintiff Volf’s Response thereto. No Reply
was filed.
The Court agrees with the Third-Party Plaintiff Volf that there are disputed issues of fact
as to whether Third-Party Defendant Kaus made any misrepresentations, whether any such
misrepresentations caused Ms. Volf to act in reliance of such representations, and whether Mr.
Kaus was acting as a neighbor versus in a commercial context so as to create a duty. Therefore,
Third-Party Defendant Kaus’ Motion for Partial Summary Judgment is DENIED.

Michael K. Jeanes, Clerk of Court
*** Filed ***
02/09/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/05/2010
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
JOSEPH T TADANO
ORDER OF DISMISSAL
A review of the file in this matter indicates the case was placed on the inactive calendar
for dismissal on February 4, 2010 by signed order dated December 8, 2009. Accordingly,
IT IS ORDERED dismissing any remaining unadjudicated claims.
DATED this 5th day of February, 2010.
/ s / HON. JOHN R. DITSWORTH
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/14/2008
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
ARIKA BROOKE HOVER
v.
SHEILA M VOLF
JOHN C SHORB
MINUTE ENTRY
8:45 a.m. This is the time set for Order to Show Cause. Counsel Arika Brooke Hover
participates on behalf of Plaintiff Rancho Manana Homeowners Association. Charles Green is
present. Counsel John C. Shorb and Andrew Lynch participate on behalf of Defendant Volf.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The Court is advised regarding the status of the case. The Court finds that injunctive
relief is not appropriate and this matter should proceed pursuant to the normal timeframes
contemplated in the Rules of Civil Procedure.
Discussion is held regarding scheduling.
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference on March 27,
2008 at 9:15 a.m. before:
HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/14/2008
Docket Code 026
Form V000A
Page 2
222 EAST JAVELINA - COURTROOM 206
MESA AZ 85210
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this division at
602-372-1764 at the date and time specified above.
JOINT PRETRIAL MEMORANDUM AND PROPOSED ORDER
IT IS ORDERED as follows:
Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on March 20,
2008, a Joint Pretrial Memorandum for discovery, motion and disclosure deadlines.
If a Joint Pretrial Conference Memorandum is not timely submitted, the Court will place
the matter back on the Inactive Calendar for dismissal.
PROPOSED PRETRIAL CONFERENCE MEMORANDUM LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum. In
accordance therewith,
IT IS ORDERED as follows:
1. Plaintiff’s final expert disclosure shall be served by
.
2. Defendant’s final expert disclosures shall be served by
.
3. Rebuttal expert disclosures shall be served by
.
4. Final non-expert disclosures shall be served by
.
5. All discovery shall be completed by
.
6. Dispositive motions shall be filed by
.
7. The parties remaining in this action shall have completed private mediation by
;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/14/2008
Docket Code 026
Form V000A
Page 3
IT IS ORDERED the parties shall participate in private mediation. The cost of
private mediation shall be paid proportionately by the parties.
OR
The parties shall participate in a mandatory Settlement Conference and this
matter is referred to the court's Alternative Dispute Resolution for the
appointment
of
a
judge
pro
tempore
to
conduct
a
settlement
conference. Counsel and any "pro per" parties will contact the appointed judge
pro tempore to arrange the time and location for the settlement conference. The
judge pro tempore is requested to conduct a settlement conference not later than
. The Office of Alternative Dispute Resolution will not do the scheduling
of the settlement conference so please do not contact that office.
8. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at
trial other than those disclosed in a timely manner, except for good cause shown
or written agreement of the parties.
9. A telephonic status conference is set for
at
for the purpose of
assigning a trial date if the case has not settled.
Counsel for Plaintiff shall initiate the conference call by calling this division at
602-372-1764 at the date and time listed above.
10. Should any discovery disputes arise, counsel, prior to filing discovery motions,
shall meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically
contact the Court to set up a telephonic conference to discuss any remaining
issues.
11. This case is removed from the Inactive Calendar and all requirements of Rule
38.1, Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
8:53 a.m. Hearing concludes
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/14/2008
Docket Code 026
Form V000A
Page 4
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/20/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
02/18/2009
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
The Court heard Oral Argument off the record on the parties’ discovery dispute regarding
production of documents.
IT IS ORDERED Defendant will file a Motion to Compel Production of Documents on
or before February 27, 2009. Plaintiff shall file a Response on or before March 6, 2009.
Defendant shall file a Reply on or before March 12, 2009.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
03/11/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
The Court held a telephonic hearing on a dispute which arose during the deposition of
Plaintiff’s 30(b)(6) witness Mr. Green. Mr. Shorb sought to question Mr. Green about other
homeowners that may be in violation of certain Association rules or have been granted approval
for construction similar to that of Defendant Volf.
The Court today sustained the Plaintiff’s objections to such questions, pending resolution
of Defendant’s Motion to Compel, which is now being briefed by the parties. If the Court grants
Defendant’s Motion to Compel, the Court will likely allow Defendant to reconvene the
deposition and will likely assess sanctions against Plaintiff, including the cost of the deposition
and attorneys’ fees.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
03/25/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument regarding Defendant/Counterclaimant and
Third-Party Plaintiffs’ Expedited Motion to Compel on April 8, 2009 at 10:30 a.m. (Time
allotted: 30 minutes) before:
THE HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 206
MESA AZ 85210
602-372-1764
IT IS FURTHER ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
03/25/2009
Docket Code 094
Form V000A
Page 2

Any motion or stipulation for continuance must be filed with the Court no later than
four (4) court days prior to the date set for hearing. After that date, no continuances will be
granted except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate
fees through the Self-Service Center, a receipt will be issued which shall then be presented to
Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/27/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
03/26/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
IT IS ORDERED continuing Defendant’s Response time to Plaintiff’s Motion for
Summary Judgment to be reset at the Oral Argument on April 8, 2009 at 10:30 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/10/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
04/08/2009
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
ORAL ARGUMENT
10:38 a.m. This is the time set for Oral Argument regarding Defendant’s Motion to
Compel. Counsel Elise Sadi participates on behalf of Plaintiff. Counsel John Shorb participates
on behalf of Defendant.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Defendant’s Motion to Compel.
For the reasons as set forth on the record,
IT IS ORDERED denying Defendant’s Motion to Compel.
IT IS FURTHER ORDERED Defendant shall file a Response to Plaintiff’s Motion for
Summary Judgment on or before April 22, 2008.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
04/08/2009
Docket Code 005
Form V000A
Page 2
11:02 a.m. Hearing concludes
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
04/14/2008
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF
JOHN C SHORB
VANETTE DUNN
NO ADDRESS ON RECORD
JIM PHILLIPS
NO ADDRESS ON RECORD
MINUTE ENTRY
IT IS ORDERED vacating the Pretrial Conference on May 12, 2008 at 8:30 a.m.
ORAL ARGUMENT SET
IT IS FURTHER ORDERED setting oral argument re: Third Party Defendants’ Motion
to Dismiss Counts II, III and IV on May 12, 2008 at 8:30 a.m. (Time allotted: 30 minutes)
before:
THE HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 206
MESA AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
04/14/2008
Docket Code 083
Form V000A
Page 2
602-372-1764
IT IS FURTHER ORDERED as follows:

Any motion or stipulation for continuance must be filed with the Court no later than
four (4) court days prior to the date set for hearing. After that date, no continuances will be
granted except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate
fees through the Self-Service Center, a receipt will be issued which shall then be presented to
Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
05/12/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF
JOHN C SHORB
VANETTE DUNN
NO ADDRESS ON RECORD
JIM PHILLIPS
NO ADDRESS ON RECORD
MINUTE ENTRY
8:35 a.m. This is the time set for Oral Argument re: Plaintiff/Counterdefendant’s Motion
to Dismiss. Counsel Brian Morgan and Elise Saadi participate on behalf of
Plaintiff/Counterdefendant’s Rancho Homeowners Association. Counsel John C. Shorb
participates on behalf of Defendant Sheila Volf who is present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held as set forth on the record.
Defendant shall file a supplemental response on or before May 26, 2008.
Plaintiff/Counterdefendants may file a Reply on or before June 9, 2008.
8:40 a.m. Hearing concludes

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
05/12/2008
Docket Code 005
Form V000A
Page 2
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/27/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
06/25/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
VANETTE DUNN
NO ADDRESS ON RECORD
JIM PHILLIPS
NO ADDRESS ON RECORD
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
MINUTE ENTRY
This matter is before the Court on Third-Party Defendants’ Motion to Dismiss counts
Two, Three and Four of Defendant/Third-Party Plaintiff’s Volk’s claim. Third-Party Defendants
argued in their Motion that they should be dismissed because Volk failed to plead the elements
necessary to “pierce the corporate veil” of the Association. After Volk filed a response pointing
out that it was not necessary that she pierce the corporate veil to carry her claims, Third-Party
Defendants switched their argument in their Reply and argued that the claims should be
dismissed because Volk failed to establish the requisite elements of the individual causes of
action. Before the Court held oral argument on the Motion, Volk filed a Motion to Strike the
Third-Party Defendants’ Reply on the grounds that it raised new issues not addressed in the
original motion. While the Court agreed that the Reply changed course and made new
arguments, rather than striking the Reply, at oral argument the Court gave both sides the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
06/25/2008
Docket Code 023
Form V000A
Page 2
opportunity to brief the issues raised in the Reply. Now that the parties have submitted their
briefs, the Court rules as follows.
Third-Party Defendants argue that there was no “commercial transaction” at issue that
would support a negligent misrepresentation claim, and that there is no contractual or other
“special” relationship between Volk and Third-Party Defendants that would support any of the
claims. Volk counters that at the pleading stage, a commercial transaction as well as a lack of
good faith can be inferred from the facts alleged in the third-party complaint.
The Court agrees with Volk. Taking the facts pled in the third-party complaint to be true,
there are sufficient facts to support the causes of action alleged. The homeowner-association
relationship pled is sufficient to support a negligent misrepresentation claim. The complaint
alleges a “fiduciary” duty (and breach thereof) sufficient to support any “special” relationship
required to carry the fiduciary duty and breach of implied warranty of good faith and fair dealing
claims. While subsequent discovery may reveal that the actual facts do not support the claims
made in the third-party complaint, and this stage the pleadings alleges facts sufficient to survive
a motion to dismiss.
Therefore, it is ordered DENYING Third-Party Defendants’ Motion to Dismiss Counts
Two, Three and Four of the Third-Party Complaint.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
07/10/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Summary
Judgment and Defendant’s Cross-Motion for Summary Judgment on August 21, 2009 at
9:00 a.m. before:
THE HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 206
MESA AZ 85210
602-372-1764
IT IS FURTHER ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
07/10/2009
Docket Code 094
Form V000A
Page 2

Any motion or stipulation for continuance must be filed with the Court no later than
four (4) court days prior to the date set for hearing. After that date, no continuances will be
granted except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/25/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
08/21/2009
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
HEARING
Courtroom SEF 206
9:05 a.m. This is the time set for Oral Argument. Counsel Elis Sadi participates on
behalf of Plaintiff. Counsel Andrew Lynch and John Shorb participate on behalf of Defendant
Volf. Counsel Maria Kupillas participates on behalf of remaining Defendants.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Plaintiff’s Motion for Summary Judgment.
Discussion is held regarding Defendant’s Cross-Motion for Partial Summary Judgment.
For the reasons as set forth on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
08/21/2009
Docket Code 005
Form V000A
Page 2
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment.
IT IS FURTHER ORDERED granting Defendant’s Cross-Motion for Partial Summary
Judgment.
IT IS FURTHER ORDERED Defendant shall submit a proposed form of Judgment.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
10:08 a.m. Hearing concludes
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
10/09/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
PARTIAL SETTLEMENT/PLACED ON INACTIVE CALENDAR
The Court having been advised this case has settled as to Third Party Claims only,
IT IS ORDERED placing this matter, as to all claims against Third Party Claims only, on
the inactive calendar for dismissal without further notice on December 7, 2009, unless prior to said
date a judgment is entered or filed, a stipulation of dismissal is presented, or a motion to set and
certificate of readiness is filed.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/04/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
11/03/2008
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
The Court has received a Motion to Set and Certificate of Readiness filed by Plaintiff.
IT IS ORDERED setting a Telephonic Status Conference on November 25, 2008 at
8:45 a.m. (Time allotted: 15 minutes) before:
HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 206
MESA AZ 85210
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this division at
602-372-1764 at the date and time specified above.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
11/03/2008
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED removing this matter from the Inactive Calendar.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/12/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
11/10/2008
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Soto
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
MINUTE ENTRY
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument pm 56(f) request only on December 4, 2008 at
8:30 a.m. (Time allotted: 30 minutes) before:
THE HONORABLE JOSEPH KREAMER
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 206
MESA AZ 85210
602-372-1764
IT IS FURTHER ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
11/10/2008
Docket Code 094
Form V000A
Page 2

Any motion or stipulation for continuance must be filed with the Court no later than
four (4) court days prior to the date set for hearing. After that date, no continuances will be
granted except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
IT IS FURTHER ORDERED vacating the Telephonic Status Conference on November
25, 2008.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate
fees through the Self-Service Center, a receipt will be issued which shall then be presented to
Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/08/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
12/04/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
T. Haaser
Deputy
RANCHO MANANA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
SHEILA M VOLF, et al.
JOHN C SHORB
CHARLOTTE PHILLIPS
NO ADDRESS ON RECORD
JOSEPH T TADANO
ELISE SAADI
MINUTE ENTRY
Courtroom 206 - SEA
8:35 a.m. This is the time set for Oral Argument on Defendant Volf’s Request for Rule
56(f) Relief from Plaintiff’s Motion for Summary Judgment. Counsel Elise Saadi for Charles
Maxwell appears on behalf of the Plaintiff. Counsel John Shorb appears on behalf of Defendant
Volf. Counsel Joseph Tadano appears on behalf of Defendants Kaus, Phillips, Wahl, Wagk,
Lowe Dunn, Albrecht, and Jones, and Phillips.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Argument is heard and the matter is discussed with the Court at length on the record.
For the reasons as set forth on the record,
Defendant’s Request for Rule 56(f) relief is GRANTED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-092942
12/04/2008
Docket Code 005
Form V000A
Page 2
IT IS ORDERED that Plaintiff’s shall file a response to Defendants’ Motion for
Summary Judgment by March 2, 2009.
IT IS FURTHER ORDERED that 56(f) discovery shall be completed by February 16,
2009.
9:13 a.m. Matter concludes.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.

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