06/14/2004 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 06/14/2004 HONORABLE PETER C. REINSTEIN View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
06/14/2004
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli
Deputy
FILED: 06/16/2004
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
JAMES L TANNER
ORAL ARGUMENT SET
The Court having received Defendant’s Motion for Summary Judgment,
IT IS ORDERED setting oral argument for June 30, 2004, at 8:30 a.m., before:
The Honorable PETER C. REINSTEIN
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 506-6368
If counsel cite significant out-of-state case law, the Court will appreciate receiving a copy
of the case law with the Court’s copy of the pleading.
06/30/2004 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 06/30/2004 HONORABLE PETER C. REINSTEIN View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
06/30/2004
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli
Deputy
FILED: 07/02/2004
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
JAMES L TANNER
MINUTE ENTRY
8:25 a.m. This is the time set for Oral Argument re Plaintiff’s Motion for Summary
Judgment. Plaintiff is present with counsel, Jerald Thompson. Defendant is represented by
counsel, James Tanner.
Court reporter, Judie Bryant is present.
Argument is heard.
IT IS ORDERED taking the matter under advisement.
8:40 a.m. Matter concludes.
07/02/2004 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 07/02/2004 HONORABLE PETER C. REINSTEIN View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
07/02/2004
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli
Deputy
FILED: 07/07/2004
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
JAMES L TANNER
MINUTE ENTRY
The Court has reviewed Plaintiff’s (Ms. Haruff) Motion for Summary Judgment, the
Defendant’s (the “Association) Response, and the Reply. The Court has also heard arguments of
counsel. Based upon the Court’s review, the Court makes the following findings and rulings.
On December 5, 2003, Ms. Haruff filed a verified Complaint for Injunctive Relief
supported by her Declaration. Thereafter, the Association filed an answer to the Complaint and
an evidentiary hearing was held on December 22, 2003.
Subsequent to the evidentiary hearing, the Court issued a preliminary injunction
enjoining the Association from enforcing provisions of Resolution 03-1 which removed Ms.
Haruff from the Board of Directors of the Association. In addition, the injunction directed the
Association to allow Ms. Haruff to participate as a member of the Board of Directors of the
Association. The preliminary injunction is in effect as of this date.
Ms. Haruff now seeks summary judgment on her complaint based upon her allegation
that there no longer exists any genuine issue as to any material fact and there is no question of
law.
The Association contends the summary judgment is improper at this stage of the
proceedings. The Association argues that Ms. Haruff’s Complaint for Injunctive Relief did not
request a judgment but only a request for the injunctive relief as stated above. The Association
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
07/02/2004
Docket Code 019
Form V000A
Page 2
further argues that summary judgment would be improper given that there are additional parties
named as defendants.
The Court finds that Rule 56 (c) 1 mandates that judgment be granted if the pleadings,
deposition, answers to interrogatories, and admissions on file, together with the affidavits, if any,
show that there is no genuine issue as to any material fact and that the moving party is entitled to
a judgment as a matter of law.
In the case at bar, given the evidence presented at the hearing re the preliminary
injunction, and the fact that the Association failed to present any controverting evidence, the
Court finds that there exists no genuine issues as to any material facts. Therefore, Ms. Haruff is
entitled to judgment as a matter of law against the Association. While this may be construed as a
partial summary judgment, given the circumstances of the case, it would seem to be dispositive
of the entire matter. Accordingly,
IT IS ORDERED that Plaintiff is granted summary judgment against the Defendant
Association.
Finally, the Court finds that this matter does fall within the parameters of A.R. S. § 12-
341.01 in that the Association’s by-laws constitute a contract between Ms. Haruff and the
Association. Accordingly,
IT IS ORDERED that Ms. Haruff is awarded reasonable attorneys’ fees and costs
consistent with this ruling. Counsel for Ms. Haruff shall submit the appropriate affidavits to the
Court.
12/17/2003 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 12/17/2003 HON. MARGARET H. DOWNIE View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
12/17/2003
Docket Code 066
Form V066A
Page 1
CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen
Deputy
FILED: 12/19/2003
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
JAMES L TANNER
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Ruth H. Hilliard. A Notice of
Change of Judge has been filed by defendant. The case was transferred to the Presiding Civil
Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ19, the Honorable
Peter Reinstein, for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
cc: Judge Peter Reinstein
12/22/2003 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 12/22/2003 HONORABLE PETER C. REINSTEIN View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
12/22/2003
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli
Deputy
FILED: 12/25/2003
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
KELLY G BLACK
EVIDENTIARY HEARING
2:55 p.m. This is the time set for Evidentiary Hearing re Preliminary Injunction.
Plaintiff is represented by counsel, Jerald Thompson. Defendant is represented by counsel, Kelly
Black.
Court reporter, Judie Bryant is present.
Patsy Haruff is sworn and testifies.
The witness is excused.
Defendant presents notebook with relevant exhibits. Exhibits 1, 5, 6, 7, 8, and 9 are
received in evidence.
Marla Burns is sworn and testifies.
The witness is excused.
Wesley Whiting is sworn and testifies.
The witness is excused.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
12/22/2003
Docket Code 023
Form V000A
Page 2
H. Lee Wallace is sworn and testifies.
Defendant’s exhibit 2 is received in evidence.
The witness is excused.
IT IS ORDERED taking the matter under advisement.
Defendant states objection to Plaintiff’s Finding of Fact and Conclusions of Law for the
record.
4:03 p.m. Matter concludes.
FILED: Hearing Worksheet
4:07 p.m. In chambers. Plaintiff is represented by counsel, Jerald Thompson. Defendant
is represented by counsel, Kelly Black.
Court reporter, Judie Bryant is present.
Discussion is held
Court and counsel having discussed proposed Preliminary Injunction and the Court
having made changes to the Order,
IT IS ORDERED counsel shall prepare a mutually agreeable Form of Order for the
Court’s signature.
4:10 p.m. Matter concludes.
12/22/2003 — CV2003023119 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 12/22/2003 HONORABLE PETER C. REINSTEIN View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-023119
12/22/2003
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli
Deputy
FILED: 12/25/2003
PATSY JEAN HARUFF
JERALD C THOMPSON
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
KELLY G BLACK
MINUTE ENTRY
9:05 a.m. This is the time set for Return Hearing re Temporary Restraining Order.
Plaintiff is present with counsel, Jerald Thompson. Defendant is represented by counsel,
Sunland Village Community Association.
Court reporter, Judie Bryant is present.
Discussion is held.
IT IS ORDERED setting Evidentiary Hearing for December 22, 2003 at 3:00 p.m. in
this division.
IT IS FURTHER ORDERED each party shall have 20 minutes to present testimony.
9:09 a.m. Matter concludes.
