03/15/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 03/15/2007 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
03/15/2007
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
E. Parrish
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on April 2, 2007, and mandatory e-
filing will commence on April 23, 2007. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT E-FILED AFTER THE MANDATORY DATE WILL
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY E-FILED.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
03/15/2007
Docket Code 530
Form V000A
Page 2
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory e-filing
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp. The Clerk's Office shall be available for
instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Moderators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “E-FILE CASE”.
The e-filing system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
E-Filed Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.
05/31/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 05/31/2007 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/01/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
05/31/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
RULING
On the Court’s own motion,
IT IS ORDERED extending the deadline for both Defendants’ and Plaintiff’s Replies to
Motions for Summary Judgment.
06/05/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 06/05/2007 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
06/05/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument for July 30, 2007 at 2:00 p.m. on the following
motions:
•
Defendants’ Motion for Summary Judgment
•
Plaintiff’s Motion for Summary Judgment
Before:
Hon. John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704; Suite 7D
Phoenix, AZ 85003-2205
PHONE: 602-506-0971
ELECTRONIC ("E") COURTROOM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
06/05/2007
Docket Code 094
Form V000A
Page 2
A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy
of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service
Center. Attach the receipt showing payment of fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.
06/28/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 06/28/2007 HONORABLE JOHN A. BUTTRICK View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/02/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
06/28/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
MINUTE ENTRY
The Court is in receipt of the Stipulation to Continue Oral Argument filed June 20, 2007.
IT IS ORDERED approving and settling the Stipulation all in accordance with formal
written Order signed by the Court on June 27, 2007 and entered (filed) by the Clerk on June 28,
2007.
Pursuant to signed order,
IT IS FURTHER ORDERED vacating Oral Argument set on July 30, 2007 and
resetting to August 13, 2007 at 11:00 a.m. in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building
201 West Jefferson Street, Courtroom 704
Phoenix, AZ 85003
PHONE: 602-506-0971
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
06/28/2007
Docket Code 003
Form V000A
Page 2
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) Should an official transcript be required, you may request that the Court prepare
it. The party ordering the transcript must pay for it. With this new technology, a court reporter
is likely not required and the parties are encouraged to experience the Court's video-recording
system before requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of fee and present both the receipt and the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
06/28/2007
Docket Code 003
Form V000A
Page 3
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.
08/13/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 08/13/2007 HONORABLE JOHN A. BUTTRICK View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/14/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
08/13/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
JOSHUA M BOLEN
BRANDON J KAVANAGH
MINUTE ENTRY
11:02 a.m. This is the time set for Oral Argument on Motions and Cross Motions for
Summary Judgment. Plaintiff representative, Fred Stone, is present with counsel, Scott A. Malm
and Brandon J. Kavanagh. Defendants are represented by counsel, Joshua M. Bolen.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
Arguments are presented to the Court.
IT IS ORDERED taking the matter under advisement.
11:37 a.m. Hearing concludes.
08/14/2007 — CV2006019545 COMMUNITY ASSOCIATION, CORONADO RANCH 08/14/2007 HONORABLE JOHN A. BUTTRICK View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/21/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
08/14/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
HIGLEY UNIFIED SCHOOL DISTRICT NO 60
OF MARICOPA COUNTY ARIZONA
SCOTT A MALM
v.
CORONADO RANCH COMMUNITY
ASSOCIATION, et al.
JEFFREY B CORBEN
MINUTE ENTRY
Plaintiff Higley Unified School District (the “District”) and Defendant Coronado Ranch
Community Association (the “Association”) have brought cross motions for summary judgment,
both filed April 30, 2007, concerning the specific issue whether a certain well water usage
agreement entered into on November 11, 1999 (the “Agreement”) between the District and
Gilbert 385 L.L.C. (the “Developer”) is enforceable against the Association.
The Agreement was entered into by the District and the Developer before the Association
was formed. It expressly contemplated that the Agreement would be binding upon the
Association. Specifically, it provides that the Developer (and, later, the Association) would
provide certain irrigation services to the District in exchange for some access to the District’s
playing fields for Association members. The obligation to provide water was intended to be
perpetual.
The Association argues that the Agreement is unenforceable as procedurally and
substantively unconscionable and unsupported by consideration.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-019545
08/14/2007
Docket Code 019
Form V000A
Page 2
The District asserts that the field access provisions of the Agreement provide sufficient
consideration to support the Agreement and defeat the unconscionability theory.
The Agreement provides that, in exchange for the water to be provided to the District,
“the residents of the subdivision,” i.e., the Association members, shall have “the playing fields
on the School Site available for [their] use” subject to the District’s “policies and rules regarding
public use.” Those “policies and rules” allow all homeowners’ associations free use of the
school site on a reserved basis for identified uses. For other uses that involve financial gain an
hourly fee is charged.
The Association provided water to the District without apparent protest from 2002 until
2006 at an approximate annual cost of $12,000.00. In October 2006 the Association gave the
District notice of its intent to terminate the Agreement.
The Association bases its argument, as noted, on lack of consideration for the Agreement
and its right to “terminate without penalty” any unconscionable contract. See Third Restatement
of Property (Servitudes) § 6.19. Since the Association gains nothing under the Agreement and
suffers a perpetual burden (the obligation to provide free water) it is voidable at its option.
The District responds that there is real consideration for the Agreement. Two primary
consideration theories are posited. First, the District points to the existence of the nearby school
as a benefit in itself. However, this “benefit” is not referenced at all in the Agreement.
Presumably this “benefit” was reflected in enhanced purchase prices for the homes in the
development. The second cited “benefit” is the aforementioned use of the school fields. But this
“benefit” is no different than that enjoyed by members of all other homeowner associations who,
notably, are not obligated to provide water to the District. The District argues strenuously that,
unlike all other homeowners’ associations, the Association here is entitled to free use of the
school grounds even for financially renumerative activities. There is no language in the
Agreement supporting that position. In fact, the Agreement expressly conditions field usage by
the Association on compliance with the District’s “policies and rules” which do not allow for
such free usage.1
Based on the undisputed material facts, the Agreement is unconscionable as unsupported
by consideration. The Association’s Motion for Summary Judgment is granted and the District’s
Motion for Summary Judgment is denied.
1 The District also argues the Association is promissorily estopped from disavowing the Agreement based on its
compliance from 2002 to 2006. The linchpin of this argument is the District’s supposed detrimental reliance upon
the water supply. However, the water supply system was operating before the Association became the obligor under
the Agreement. There was no change of position by the District based on anything done by the Association.
