03/15/2023 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 03/15/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/17/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
03/15/2023
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JOSEPH M MARTINEZ
4038 W SAINT KATERI DR
PHOENIX AZ 85041
JOVITA MARTINEZ
4038 W ST KATERI DR
PHOENIX AZ 85041
JUDGE COFFEY
MINUTE ENTRY
The Court has considered Plaintiff’s Motion for Summary Judgment. No response was
filed and the deadline for filing a response has expired.
Motions for summary judgment “should be granted if the facts produced in support of the
claim or defense have so little probative value, given the quantum of evidence required, that
reasonable people could not agree with the conclusion advanced by the proponent of the claim or
defense.” Orme School v. Reeves, 166 Ariz. 301, 309 (1990). When considering a motion for
summary judgment, all evidence of the non-moving party is to be believed, and all justifiable
inferences are to be drawn in the non-movant’s favor. Id. at 309-10. Summary judgment should
not be used as a substitute for a trial simply because the Court may believe the moving party will
probably prevail or that the moving party should prevail at trial. Id.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
03/15/2023
Docket Code 019
Form V000A
Page 2
The party moving for summary judgment must produce evidence that it believes
demonstrates the absence of a genuine issue of material fact and must explain why summary
judgment is warranted. Nat'l Bank of Ariz. v. Thruston, 218 Ariz. 112, 115 (App. 2008). If the
non-moving party has the burden of proof of the claim or defense at trial, the moving party need
not disprove the nonmoving party's claim or defense, but need only point out the lack of evidence
on an essential element of the claim or defense. Id. at 117. If the moving party meets its burden,
the burden shifts to the nonmoving party to present sufficient evidence demonstrating the existence
of a disputed fact. Id. at 119. The nonmoving party cannot then rest on its pleadings, but must call
to the Court's attention evidence to explain why the motion should be denied. Id. The opponents
of a motion for summary judgment do not raise a genuine issue of fact by merely stating in the
record that such an issue exists. Rather, they must show that competent evidence is available which
will justify a trial on the issue. Flowers v. K-Mart Corp., 126 Ariz. 495, 499 (App. 1980). “If the
party with the burden of proof on the claim or defense cannot respond to the motion by showing
that there is evidence creating a genuine issue of fact on the element in question, then the motion
for summary judgment should be granted.” Orme School at 310.
The Court finds that there are no genuine issues of material fact and Plaintiff is entitled to
summary judgment. Accordingly,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment. Plaintiff shall
lodge a proposed form of Judgment by no later than April 15, 2023.
05/08/2023 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 05/08/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
05/09/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
05/08/2023
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JOSEPH M MARTINEZ
4038 W SAINT KATERI DR
PHOENIX AZ 85041
JOVITA MARTINEZ
4038 W ST KATERI DR
PHOENIX AZ 85041
DOCKET CV TX
JUDGE COFFEY
JUDGMENT SIGNED
MINUTE ENTRY
IT IS ORDERED approving and settling the formal written judgment signed by the Court
on May 4, 2023 and filed [entered] by the clerk on May 8, 2023.
Please note: The Court has signed a paper copy of the judgment. After the judgment has
been scanned and docketed by the Clerk of Court, a copy of the judgment will be available online
through the ECR at www.clerkofcourt.maricopa.gov, through www.AZTurboCourt.gov, and from
the public access terminals at the Clerk of Court’s offices located throughout Maricopa County.
05/10/2023 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 05/10/2023 HONORABLE BRIAN D. KAISER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
05/11/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
05/10/2023
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JOSEPH M MARTINEZ
4038 W SAINT KATERI DR
PHOENIX AZ 85041
JOVITA MARTINEZ
4038 W ST KATERI DR
PHOENIX AZ 85041
COMM. KAISER
MINUTE ENTRY
On the Court’s own Motion,
IT IS ORDERED setting this matter for virtual Default Hearing on June 5, 2023 at 9:00
a.m. (15 minutes) before Commissioner Brian Kaiser, Southeast Court Facility, 222 E. Javelina
Avenue, Mesa, Arizona 85210.
Hearings will be held via video conference through Court Connect and Microsoft TEAMS. An
invite to the TEAMS conference will be sent out to the email on file for each party or counsel of
record. It is the party’s responsibility to ensure receipt of the invitation prior to the hearing date.
The information is included below as well:
Please join my meeting from your computer, tablet or smartphone.
tinyurl.com/jbazmc-sec02
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
05/10/2023
Docket Code 056
Form V000A
Page 2
Please note: Do not enter ‘www’ in front of the URL. Can copy and paste as is into a web
browser.
You can also dial in using your phone.
Teams Phone Number: +1 917-781-4590 Access Code: 184259566
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
06/01/2022 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 06/01/2022 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
06/02/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
06/01/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JONATHAN A DESSAULES
COMM. KAISER
JUDGE COFFEY
ORDER ENTERED BY THE COURT
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) Joseph M. Martinez and Jovita Martinez in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner Brian
Kaiser.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
06/01/2022
Docket Code 023
Form V000A
Page 2
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
Application for Attorneys’ Fees, when appropriate, and Statement of Costs, but shall submit in
paper the default judgment packet required by the Court, including the documents identified on
the default judgment packet coversheet, to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp.
06/05/2023 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 06/05/2023 HONORABLE BRIAN D. KAISER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
06/12/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
06/05/2023
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
J. L. Johnson
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JOSEPH M MARTINEZ
4038 W SAINT KATERI DR
PHOENIX AZ 85041
JOVITA MARTINEZ
4038 W ST KATERI DR
PHOENIX AZ 85041
COMM. KAISER
MINUTE ENTRY
Courtroom 303 – Southeast Facility
9:22 a.m. This is the time set for a virtual Default Hearing. Defendant Jovita Martinez
is present on her own behalf via Court Connect platform . No one else appears.
A record of the proceedings is made digitally in lieu of a court reporter.
LET THE RECORD REFLECT that the Court previously entered summary judgment in
this matter in favor of Plaintiff.
Therefore,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
06/05/2023
Docket Code 002
Form V000A
Page 2
IT IS ORDERED denying the Application for entry of Default Judgment as moot.
9:32 a.m. Matter concludes.
08/01/2022 — CV2021095990 HOMEOWNERS ASSOCIATION, VINEYARD COMMONS 08/01/2022 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
08/02/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-095990
08/01/2022
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
VINEYARD COMMONS HOMEOWNERS
ASSOCIATION
MARK W WALDRON
v.
JOSEPH M MARTINEZ, et al.
JONATHAN A DESSAULES
JUDGE COFFEY
MINUTE ENTRY
The Court has reviewed attorney Jonathan Dessaules’ Motion to Withdraw as Counsel of
Record Without Consent. Although the Motion indicates that a copy of it was presented to Mr.
Dessaules’ clients before it was filed, the service certificate in Motion does not indicate that it was
mailed to Mr. Dessaules’ clients. Rule 5.3(c)(4)(B) of the Arizona Rules of Civil Procedure
requires attorneys who seek to withdraw to serve copies of motions seeking such relief to their
clients and Rule 5.3(a)(2)(B) requires that the Motion provide contact information for the
client. Because of that deficiency,
IT IS ORDERED denying the Motion to Withdraw as Counsel of Record Without Consent
without prejudice.
