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Maricopa County Superior Court Case CV2012-017609: public docket details, parties, minute entries, documents, and official source links for Pointe South Mountain Residential Association, The.

Case Number

CV2012-017609

County

Maricopa

Caption

Not captured

Filed

12/6/2012

Case Type

Civil

Judge

Kreamer, Joseph

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/31/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

01/30/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

ORDER SIGNED

IT IS ORDERED granting Plaintiff’s Motion for an Extension of Time to Respond to
Defendant’s Motion for an Award of Attorneys’ Fees and Costs, filed January 21, 2014, all in
accordance with the formal written Order signed by the Court on January 24, 2014, and filed
(entered) by the Clerk on January 30, 2014.

Please note: The Court has signed a hard-copy version of the Order. After the Order has
been scanned and docketed by the Clerk of Court, copies of this Order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.

FILED: Order Granting Plaintiff an Extension of Time to File Her Response to
Defendant’s Motion for an Award of Attorneys’ Fees and Costs

ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/31/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

01/30/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

ORAL ARGUMENT SET

IT IS ORDERED setting oral argument for March 14, 2014 at 10:30 a.m. (time
allotted: 1 hour) in this division on the following Motion(s):

 Plaintiff’s Motion for an Award of Attorneys’ Fees and Costs, filed December 31,
2013;
 Defendant’s Motion for Attorneys’ Fees and Costs, filed January 2, 2014.

The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

01/30/2014

Docket Code 094
Form V000A
Page 2

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four court days prior to the date set for hearing so that oral argument can be rescheduled.

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

All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.

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.

Any party may request the presence of a court reporter by contacting the division three
(3) court business days before the scheduled hearing.

ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/19/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

02/13/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
C. Keller

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

ORDER SIGNED

IT IS ORDERED granting Defendant’s Request for an Extension to File its Reply in
Support of its Motion for Attorneys’ Fees and Costs, filed February 4, 2014, all in accordance
with the formal written Order Extending Deadline for Defendant to File its Reply in Support of
its Motion for Attorneys’ Fees and Costs signed by the Court on February 8, 2014, and filed
(entered) by the Clerk on February 13, 2014.

Please note: The Court has signed a hard-copy version of the Order. After the Order has
been scanned and docketed by the Clerk of Court, copies of this Order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

02/13/2014

Docket Code 022
Form V000A
Page 2

BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.

For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.

Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].

ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

03/14/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

PAUL R NEIL

MATTERS TAKEN UNDER ADVISEMENT

Central Court Building – Courtroom 704

10:30 a.m. This is the time set for oral argument on Plaintiff’s Motion for an Award of
Attorneys’ Fees and Costs, filed December 31, 2013; and Defendant’s Motion for Attorneys’ Fees
and Costs, filed January 2, 2014. Plaintiff is present with counsel, Christopher A. LaVoy. Defendant
is represented by counsel, Paul R. Neil.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Oral argument is presented.

Court’s exhibit 1 is marked for identification.

Court’s exhibit 1 is received in evidence.

IT IS ORDERED taking these matters under advisement.

Brief discussion is held regarding technical difficulties during previous telephonic
conferences.

11:08 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

03/14/2014

Docket Code 020
Form V000A
Page 2

BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.

For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.

Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/26/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

03/17/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

PAUL R NEIL

UNDER ADVISEMENT RULING

This matter was taken under advisement following the oral argument of March 14, 2014,
on the parties’ Cross Motions for attorneys’ fees and on Plaintiff’s Proposed Form of Judgment.
The Court has considered Plaintiff’s Motion for an Award of Attorneys’ Fees and Costs,
Defendant’s Response, Defendant’s Supplemental Response, Plaintiff’s Reply, Defendant’s
Motion for Attorneys’ Fees and Costs, Plaintiff’s Response, Defendant’s Reply, Plaintiff’s
Proposed Form of Judgment, Defendant’s Objection, Defendant’s Objection to Plaintiff’s
Statement of Costs, Plaintiff’s Response to Defendant’s Objection to Form of Judgment and the
arguments of counsel.

On the issue of attorneys’ fees, the parties disagree as to who was the prevailing party.
Both parties prevailed on some claims and did not prevail on others. The Court has considered
the totality of the litigation and finds that the most significant issue in the case, the heart of the
case, was the question of whether the Declaration provided for the courthome assessment fees to
be used to pay common area landscaping, watering and road maintenance expense. The Court
ruled in the Plaintiff’s favor on that issue and ordered the Defendant to discontinue the misuse of
the courthome assessments.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

03/17/2014

Docket Code 926
Form V000A
Page 2

Having considered the factors set forth in Associated Indemnity Corporation v. Warner,
143 Ariz. 567, 694 P.2d 1181 (1985),

IT IS ORDERED granting Plaintiff’s Motion for an Award of Attorneys’ Fees pursuant
to A.R.S. § 12-341.01.

IT IS FURTHER ORDERED awarding Plaintiff her attorneys’ fees in the amount of
$56,000 and costs in the amount of $2,889.15

IT IS FURTHER ORDERED denying Defendant’s Motion for Attorneys’ Fees and
Costs.

IT IS FURTHER ORDERED overruling Defendant’s Objection to Plaintiff’s Amended
Form of Judgment.

No further matters remain pending and the Judgment is entered pursuant to Rule 54(c).

FILED: Judgment

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
03/20/2013
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
COURT ADMIN-CIVIL-CCC
JUDGE FLORES
JUDGE RAYES
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Lisa Florex. A Notice of Change of
Judge has been filed by Plaintiff. The case was transferred to the Civil Presiding Judge for
reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ07, the Honorable
Douglas Rayes, 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.
Pending:
•
Defendant’s February 19, 2013 Motion for Partial
Dismissal of Plaintiff’s Complaint Alleging Fiduciary Duty
•
Defendant’s February 19, 2013 Motion for Partial
Dismissal of Plaintiff’s Claim for Injunctive Relief

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
03/20/2013
Docket Code 066
Form V000A
Page 2
•
Defendant’s March 14, 2013 Rule 7.1(b) Request for
Summary Disposition
•
Plaintiff’s March 18, 2013 Application for Entry of Default
ATTENTION: If there are any matters pending and/or previously scheduled events
(oral argument, hearings, conferences, trial, etc.), counsel are directed to immediately
contact the newly assigned division to determine whether the new division is able to
maintain the current schedule in this matter.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
04/11/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
RULING
The Court has considered Defendant’s Motion for Partial Dismissal of Plaintiff’s Claim
for Injunctive Relief, Plaintiff’s Response and Defendant’s Reply.
IT IS ORDERED granting Defendant’s Motion for Partial Dismissal of Plaintiff’s Claim
for Injunctive Relief.
IT IS FURTHER ORDERED having considered Defendant’s Reply wherein Defendant
seeks attorneys’ fees, denying Defendant’s request for attorneys’ fees.
The Court has considered Defendant’s Motion for Partial Dismissal of Plaintiff’s
Complaint Alleging Fiduciary Duty, Plaintiff’s Response and Defendant’s Reply.
IT IS ORDERED granting Defendant’s Motion for Partial Dismissal of Plaintiff’s
Complaint Alleging Fiduciary Duty.
IT IS FURTHER ORDERED striking the words “and fiduciary capacity” from
Paragraph 63(e) of the Complaint.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
04/11/2013
Docket Code 019
Form V000A
Page 2
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/14/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/08/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
RULING
The Court has considered Plaintiff’s Application for Entry of Default, Defendant’s
Motion to Strike, and Objection to, Plaintiff’s Application for Entry of Default, Plaintiff’s
Response to Defendant’s Motion to Strike Application for Default and Reply in Support of
Defendant’s Motion to Strike, and Objection to, Plaintiff’s Application for Entry of Default.
IT IS ORDERED granting Defendant’s Motion to Strike Plaintiff’s Application for
Entry of Default.
IT IS FURTHER ORDERED denying Defendant’s request for fees and costs.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/13/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for July 1, 2013 at 1:30 p.m. (time allotted:
30 minutes) in this division on the following motion(s):
•
Defendant’s Motion for Partial Summary Judgment, filed March 29, 2013.
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
IT IS FURTHER ORDERED:
If extended oral argument is necessary, counsel must so advise the Court no later than
four court days prior to the date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/13/2013
Docket Code 094
Form V000A
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
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.
Any party may request the presence of a court reporter by contacting the division three
(3) court business days before the scheduled hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/14/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for July 1, 2013 at 1:30 p.m. (time allotted: 1
hour) in this division on the following motion(s):
•
Plaintiff’s Motion for Partial Summary Judgment, filed May 6, 2013.
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
IT IS FURTHER ORDERED affirming Oral Argument on Defendant’s Motion for
Partial Summary Judgment, filed March 29, 2013, scheduled for July 1, 2013 at 1:30 p.m. (time
allotted: 1 hour total for both motions) in this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/14/2013
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED:
If extended oral argument is necessary, counsel must so advise the Court no later than
four court days prior to the date set for hearing so that oral argument can be rescheduled.
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
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.
Any party may request the presence of a court reporter by contacting the division three
(3) court business days before the scheduled hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/31/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for July 1, 2013 at 1:30 p.m. (time allotted:
90 minutes) in this division on the following motion(s):
•
Plaintiff’s Motion for Preliminary Injunction, May 6, 2013
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
IT IS FURTHER ORDERED:
If extended oral argument is necessary, counsel must so advise the Court no later than
four court days prior to the date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
05/31/2013
Docket Code 094
Form V000A
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
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 affirming Oral Argument on the motion(s) below for
July 1, 2013 at 1:30 p.m. (time allotted: 90 minutes for all 3 motions).
• Defendant’s Motion for Partial Summary Judgment, filed March 29, 2013;
• Plaintiff’s Motion for Partial Summary Judgment, filed May 6, 2013.
Any party may request the presence of a court reporter by contacting the division three
(3) court business days before the scheduled hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Clerk of the Superior Court

*** Electronically Filed ***

06/10/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-017609

06/03/2020

Docket Code LED
Form EXHCVREL
Page 1

CLERK OF THE COURT
EXHIBITS UNIT
J. Baldon (Exh)

Deputy

PENELOPE JOHNSON
CHRISTOPHER A LAVOY

v.

POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN

JUDGE SANDERS

NOTICE REGARDING DISPOSITION OF EXHIBITS

The Clerk of the Superior Court is in possession of exhibits in the above captioned case.
This case has been reviewed pursuant to Rules of Court Criminal Procedure, Rule 28.1; Superior
Court - Local Rules of Maricopa County, Rule 2.8(d); Rules of Civil Appellate Procedures, Rule
11(a)(6); and is not subject to further modification.

To claim your exhibits, please call 602-372-2284 to make an appointment. Appointments
are available Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. If the
exhibits need to be retained, a request must be made in writing within ten (10) days of the
mailing of this notice.

The subject exhibits will not be eligible for release until 06/24/2020 and must be
collected by 08/11/2020 or the exhibits shall be disposed. The following party(ies) have exhibits
that need to be collected: Plaintiff, Defendant and Court. Exhibits may only be released to the
party which presented the exhibits. For further verification please contact the Exhibits Unit at
602-372-2284.

This notice serves as the only written notification regarding disposition of these exhibits.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/26/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
06/19/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
ORDER SIGNED
IT IS ORDERED granting Plaintiff’s Motion for Extension of Time to File Her Reply in
Support of Motion for Preliminary Injunction, filed June 4, 2013, all in accordance with the
formal written Order signed by the Court on June 11, 2013, and filed (entered) by the Clerk on
June 19, 2013.
Please note: The Court has signed a hard-copy version of the order. After the order has
been scanned and docketed by the Clerk of Court, copies of this order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/02/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
06/28/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
ORDER SIGNED
IT IS ORDERED granting Plaintiff’s Amended Motion for Additional Extension of
Time to File Her Reply in Support of Motion for Preliminary Injunction, filed June 20, 2013, all
in accordance with the formal written Order signed by the Court on June 25, 2013, and filed
(entered) by the Clerk on June 28, 2013.
Please note: The Court has signed a hard-copy version of the order. After the order has
been scanned and docketed by the Clerk of Court, copies of this order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
TRIAL SETTING
MATTER TAKEN UNDER ADVISEMENT
Central Court Building – Courtroom 704
1:32 p.m. This is the time set for Oral Argument on the Motions listed below. Plaintiff is
present with counsel, Christopher A. Lavoy. Defendant is represented by counsel, Paul R. Neil.
• Defendant’s Motion for Partial Summary Judgment, filed March 29, 2013;

• Plaintiff’s Motion for Partial Summary Judgment, filed May 6, 2013;

• Plaintiff’s Motion for Preliminary Injunction, May 6, 2013;
• Defendant’s Cross-Motion for Partial Summary Judgment on Cable Issue, filed June 7,
2013.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED denying Plaintiff’s Motion for Preliminary Injunction.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 2
IT IS FURTHER ORDERED granting Defendant’s Motion for Partial Summary
Judgment as to the trust issue and denying the remaining issues in the Motion excluding the court
home exterior maintenance issue which shall be decided at trial.
IT IS FURTHER ORDERED denying Plaintiff’s Motion for Partial Summary
Judgment excluding the court home exterior maintenance issue which shall be decided at trial.
IT IS FURTHER ORDERED taking Defendant’s Cross-Motion for Partial Summary
Judgment on Cable Issue under advisement. Plaintiff’s counsel shall file their Response by 5:00
p.m. July 19, 2013. A ruling shall be issued after the Response is filed.
IT IS FURTHER ORDERED setting a Trial to the Court, on the issue of court home
exterior maintenance issue, on August 12, 2013 at 9:30 a.m. before:
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
This is a FIRM TRIAL setting. Trial Length: Two (2) days to the Court. Trial days will
be: August 12-13, 2013.
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday, with lunch
from 12:00 to 1:30 p.m.
IT IS FURTHER ORDERED that a Final Trial Management Conference (FTMC) is set
for August 1, 2013 at 10:00 a.m. (time allotted: 1 hour) in this division. Counsel and pro per
parties shall appear in person for the conference. Exhibits that do not require foundation shall be
moved into evidence at the end of the FTMC.
Exhibits are due to the division by 12 noon July 26, 2013 to allow time for marking
before the FTMC.
IT IS FURTHER ORDERED that the Joint Pretrial Statement (JPTS) in accordance
with Rule 16(d), A.R.Civ. P., is due in this division by 5:00 p.m. July 26, 2013.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 3
IT IS FURTHER ORDERED discovery shall be completed by July 28, 2013, per
request of counsel. All responses to written discovery are due within 10 days after service.
2:56 p.m. Matter concludes.
LATER:
IT IS ORDERED resetting the deadline for discovery cutoff to July 26, 2013.
IT IS ORDERED with the JPTS, Counsel shall deliver to this division, copies of the
following:
A. A jointly-completed time and witness estimate list. (A sample form is incorporated in
this order). The Court will use the list to predict the length of the trial and to direct
counsel to follow the trial time limits established. Any time limitation set will be
reasonable presumptive limits subject to modification upon a showing of good cause.
B. Proposed Findings of Fact and Conclusions of Law, if a request has been or will be
filed. The proposed Findings of Fact and Conclusions of Law will be submitted in hard
copy in WORD. If proposed Findings of Fact and Conclusions of Law are not received,
the request shall be deemed waived.
C. Counsel are to identify in/with the memorandum all deposition or other transcribed
testimony that may be offered at trial. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony, and the reasons
for such objections, are also to be set forth.
D. All dispositive motions must be filed ninety (90) days before trial.
E. The Court will hear and rule upon objections to exhibits at the FTMC. The rulings will
be stated on the record. All objections to known exhibits and witnesses must be made
before or during the Final Trial Management Conference or will be deemed to have been
waived.
IT IS FURTHER ORDERED that counsel, at the FTMC, shall be prepared to discuss:
1. Time limits in opening statements, examination of witnesses and closing
arguments.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 4
2. Stipulations for the foundation and authenticity of exhibits.
3. Agreed-upon deposition summaries and excerpts from deposition transcripts
and the editing of videotaped depositions.
4. Narrative summaries with brief excerpts of deposition question and answer
testimony are preferred at trial rather than the reading in of pages of testimony.
5. Any special scheduling or equipment issues.
6. Status of settlement of the case.
F. COUNSEL WHO WILL BE THE TRIAL LAWYERS ON THE CASE ARE
REQUIRED TO ATTEND THE FINAL TRIAL MANAGEMENT CONFERENCE.
G. FAILURE OF TRIAL COUNSEL TO ATTEND THE FINAL TRIAL
MANAGEMENT CONFERENCE MAY RESULT IN PERSONAL SANCTIONS.
EXHIBIT GUIDELINES
•
Exhibits shall be marked serially by number, plaintiff’s first; defendant’s exhibit numbers
will begin where plaintiff’s numbers end;
•
Confer with the other party to eliminate duplicate exhibits before presenting to the clerk;
•
Submit a written list or inventory describing each exhibit; descriptions should be concise
and can be as simple as “letter,” “e-mail,” or “photo”;
•
Do not skip numbers, or describe exhibits as “blank” or “withdrawn”; do not “reserve”
numbers for items not submitted to the clerk;
•
Do no submit exhibits with subparts (e.g. Exhibit 1a, 1b, 1c);
•
Staple or otherwise secure each individual exhibit so that pages do not become separated;
•
Separate exhibits by a colored sheet of paper with the exhibit number written on front;
•
If an exhibit is too heavy or large for a hanging file folder, place it in a binder;
•
Do not mark depositions as exhibits; original depositions may be submitted to the
division clerk to be filed and will be available for use during the trial;
•
Provide a separate copy of exhibits, in a binder with numbered tabs, to the court to be
referenced by the judge during trial (okay to deliver judge’s copy day of trial);
•
Contact the clerk at (602)506-7857 if you have questions regarding exhibits.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 5
TIME ESTIMATES FOR TRIAL
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
Estimate of Time for Witness Examination
PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 6

Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
The foregoing are based on the best estimates of counsel of the time reasonably needed to
complete the necessary examination of the witnesses listed.
__________________________
_______________________
Counsel for Plaintiff
Counsel for Defendant

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
07/01/2013
Docket Code 089
Form V000A
Page 7
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/01/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
FINAL TRIAL MANAGEMENT CONFERENCE
UNDER ADVISEMENT RULING
Central Court Building – Courtroom 704
10:07 a.m. This is the time set for a Final Trial Management Conference. Plaintiff is
present with counsel, Christopher A. LaVoy. Defendant is represented by counsel, Paul R. Neil.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
A Final Trial Management Conference is conducted and legal matters are discussed.
Discussion is held regarding further discovery, disclosures and the possibility of
postponing the trial. Defendant’s counsel informs the Court that they 1) are willing to go to trial;
2) waive issues regarding discovery; 3) request the opportunity to conduct supplemental, limited
discovery; and 4) request the Court to limit Plaintiff’s counsel’s to calling one Gosnell witness.
Based upon matters presented to the Court and for reasons stated on the record,
IT IS ORDERED Plaintiff’s counsel shall call Mr. Berris as their only Gosnell witness.
IT IS FURTHER ORDERED Defendant’s counsel may conduct additional, limited
discovery and supplement disclosures.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/01/2013
Docket Code 926
Form V000A
Page 2
Discussion is held regarding the cable issue.
IT IS ORDERED denying Plaintiff’s Motion for Partial Summary Judgment, filed May
6, 2013, as to the cable issue.
IT IS FURTHER ORDERED denying Defendant’s Cross-Motion for Summary
Judgment on Cable Issue, filed June 7, 2013.
Discussion is held regarding Exhibits. Plaintiff’s Exhibits 1-3; 5; 7; 9; 10; 12; 15-18; and
28-32 are received in evidence. Defendant’s 39-44; 49-51; and 55-86 are received in evidence.
Discussion is held regarding older landscaping contracts. Defendant’s counsel agrees to
look for older contracts.
Defendant’s counsel withdraws their Objection to Plaintiff’s Trial Witnesses, filed July
31, 2013.
The Court addresses trial matters, courtroom policies, and procedures including:
1.
The length of the trial is discussed. The 2-day Trial to the Court scheduled to
commence on August 12, 2013 at 9:30 a.m. in this division is affirmed.
2.
The parties stipulate to invoke the Rule of Exclusion of Witnesses, per the Joint
Pretrial Statement.
3.
Counsel are advised that the Court’s trial hours are generally as follows: Monday
through Thursday, 9:30 a.m. to 4:30 p.m. with a lunch recess from noon to 1:30
p.m. daily, and two 15-minute breaks: one in the morning and one in the
afternoon.
4.
Counsel shall provide at least 24 hours notice to each party of the witnesses each
party intends to call, and any exhibits they plan to use during examination of
those witnesses to which the other side has made an objection.
NOTE: Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled Trial. Trial in this matter is set
before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/01/2013
Docket Code 926
Form V000A
Page 3
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the party should also e-mail same to the Court’s Judicial Assistant at the following:
[email protected]
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.
10:40 a.m. Hearing concludes.
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/12/2013
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
CHAD M GALLACHER
BENCH TRIAL
DAY 1
Prior to commencement of trial, Plaintiff’s Exhibits 1 through 38; and 87 through 103 are
marked for identification. Defendant’s Exhibits 39 through 86; and 104 through 118 are marked
for identification.
FILED: Deposition of Barry Smith, dated June 28, 2013
9:59 a.m. This is the time set for Trial to the Court. Plaintiff is present with counsel,
Christopher LaVoy. Defendant is represented by counsel, Paul R. Neil and Chad M. Gallacher.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Exhibits and scheduling.
Plaintiff’s Exhibits 4; 6; 8; 11; 13; 14; 19 through 27; 33 through 38; 87; 88; 90 through
94; 96; 98 through 103 are received in evidence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/12/2013
Docket Code 012
Form V000A
Page 2
Defendant’s Exhibits 45; 47; 52 through 54; 104 through 109; 111 through 118 are
received in evidence.

Opening statements.

Plaintiff’s case:

Mike P. Harris is sworn and testifies.
12:01 p.m. Court stands at recess.
1:35 p.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Mike P. Harris continues to testify.
Mike P. Harris is excused.
Kathleen Daurio is sworn and testifies.
Kathleen Daurio is excused.
Steven J. Schloeder is sworn and testifies.
Steven J. Schloeder is excused.
3:04 p.m. Court stands at recess.
3:25 p.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Penelope Johnson is sworn and testifies.
4:47 p.m. Court stands at recess until 9:30 a.m. August 13, 2013.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/12/2013
Docket Code 012
Form V000A
Page 3
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/23/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/13/2013
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
CHAD M GALLACHER
BENCH TRIAL
DAY 2
Central Court Building – Courtroom 704
9:46 a.m. Trial continues from August 12, 2013. Plaintiff is present with counsel,
Christopher LaVoy. Defendant is represented by counsel, Paul R. Neil and Chad M. Gallacher.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Brief discussion is held regarding witness scheduling.
Penelope Johnson resumes the stand and continues to testify.
Penelope Johnson is excused.
Plaintiff rests.
Defendant’s case:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/13/2013
Docket Code 012
Form V000A
Page 2
Kenneth Hensman is sworn and testifies.
Kenneth Hensman is excused.
Barry Smith is sworn and testifies.
Plaintiff’s Exhibit 95 is received in evidence.
Barry Smith is excused.
Mike P. Harris is recalled to the stand and testifies further.
11:59 a.m. Court stands at recess.
1:32 p.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Mike P. Harris continues to testify.
Mike P. Harris is excused.
Counsel for Plaintiff having been permitted to call a witness out of order, Stuart “Steve”
Berres is sworn and testifies.
Stuart “Steve” Berres is excused.
3:03 p.m. Court stands at recess.
3:21 p.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Guilford Nergard is sworn and testifies.
Guilford Nergard is excused.
Defendant rests.
Closing arguments are presented.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/13/2013
Docket Code 012
Form V000A
Page 3
For reasons stated on the record,
IT IS ORDERED finding in favor of Defendant as to the cable issue.
Counsel for Defendant shall submit proposed findings of fact and conclusions of law
pertaining to the ruling by no later than 5:00 p.m. August 23, 2013.
IT IS FURTHER ORDERED finding in favor of Plaintiff as to the court home exterior
maintenance issue.
Counsel for Plaintiff shall submit proposed findings of fact and conclusions of law
pertaining to the ruling by no later than 5:00 p.m. August 23, 2013.
Rulings are perspective.
3:49 p.m. Matter concludes.
Pursuant to the Verdict/ruling entered, and there being no further need to retain the
exhibit not offered in evidence in the custody of the Clerk of Court,
IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence
to the counsel/party causing them to be marked or their written designee. Counsel/party or
written designee shall have the right to refile relevant exhibits as needed in support of any
appeal. Refiled exhibits must be accompanied by a Notice of Refiling Exhibits and presented to
the Exhibit Department of the Clerk’s Office. The Court’s exhibit tag must remain intact on all
refiled exhibits.
IT IS FURTHER ORDERED that counsel/party or written designee take immediate
possession of all exhibits referenced above.
ISSUED: Exhibit Release Form(s)
FILED: Exhibit Worksheet; Trial/Hearing Worksheet

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
08/13/2013
Docket Code 012
Form V000A
Page 4
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/11/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
09/05/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
ORAL ARGUMENT SET
Central Court Building – Courtroom 704
3:00 p.m. This is the time set for a Telephonic Status Conference regarding Defendant’s
Request for Clarification of Court’s Ruling, filed August 27, 2013. Plaintiff is represented by
counsel, Christopher A. LaVoy. Defendant is represented by counsel, Brian W. Morgan and
Paul R. Neil.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Defendant’s Request for Clarification of Court’s Ruling is discussed.
The Court clarifies the intention of the ruling was to stop and move forward
prospectively.
Discussion is held regarding the start date for the changes in the assessments.
The Court advises counsel that making the change in the assessments beginning January
1, 2014 makes sense. Counsel shall work out the amounts.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
09/05/2013
Docket Code 094
Form V000A
Page 2
Counsel disagree as to the start date.
The Court directs counsel to mediate the case as to the beginning date and amounts of the
assessments. The Court recommends Bob Budoff as mediator if counsel cannot agree on a
selection.
IT IS ORDERED setting Oral Argument and a Status Conference for November 22,
2013 at 1:30 p.m. (time allotted: 45 minutes) in this division on the following Motion(s):
•
Motion for Extension of Time to File Application for Award of Attorneys’ Fees, filed
September 3, 2013;
•
Any pending motions.
The Honorable Douglas L. Rayes
Maricopa County Superior Court
Central Court Building
201 West Jefferson
Courtroom 704
Phoenix, AZ 85003
Phone: (602) 506-0816
IT IS FURTHER ORDERED:
If extended oral argument is necessary, counsel must so advise the Court no later than
four court days prior to the date set for hearing so that oral argument can be rescheduled.
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
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.
3:21 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
09/05/2013
Docket Code 094
Form V000A
Page 3
Any party may request the presence of a court reporter by contacting the division three
(3) court business days before the scheduled hearing.
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
11/22/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
PAUL R NEIL
MINUTE ENTRY
Central Court Building – Courtroom 704
1:32 p.m. This is the time set for Oral Argument on Motion for Extension of Time to File
Application for Award of Attorneys’ Fees, filed September 3, 2013; Any pending motions.
Plaintiff is present with counsel, Christopher A. Lavoy. Defendant is represented by counsel,
Paul Neil. Also present to observe the proceedings on behalf of Defendant is Board President, B.
David Cathell.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Case status, remaining issues and rulings from the bench trial of August 12-13, 2013

are discussed.
Discussion is held regarding Defendant’s Request for Clarification of Court’s Ruling and
Objection to Plaintiff’s [Proposed] Findings of Fact and Conclusions of Law, filed August 27,
2013. Based thereon,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
11/22/2013
Docket Code 023
Form V000A
Page 2
IT IS ORDERED Plaintiff shall file a responsive brief by 5:00 p.m. November 29,
2013 addressing only balconies, patio covers, trellises, boundary walls and the rod iron features
in the gates incorporated in the boundary walls. Defendant shall file a reply by 5:00 p.m.
December 4, 2013.
Discussion is held regarding Plaintiff’s [Proposed] Findings of Fact and Conclusions of
Law Regarding Use of Courthome Exterior Maintenance Assessments to Maintain the Common
Area, filed August 23, 2013. Based upon matters presented, objections are ruled on as follows:
IT IS ORDERED:
Paragraph 1D: Granted
Paragraph 10: Overruled
Paragraph 22-23: Overruled
Paragraph 25-28: Sustained
Paragraph 32: Overruled
Paragraph 33-34: Sustained
Paragraph 35: Overruled
Paragraph 36-37: Sustained
Discussion is held regarding the definition of separately metered and/or separately
charged. Plaintiff’s counsel request the Court’s definition of separately metered and/or
separately charged.
The Court defines separately metered and/or separately charged as when each unit is
metered separately and each unit is charged an individual amount.
Discussion is held regarding the Court’s previous rulings including the phrase “good
faith”.
The Court clarifies that the phrase “good faith” was a term of art not intended to be a
legal finding of good faith. Good faith was not an issue at trial. The phrase “good faith” was
used as a term of art because of the volunteers’ hard work.
The Court directs counsel to work together to create a proposed form of judgment.
Counsel agree to submit it by 5:00 p.m. December 4, 2013. If counsel cannot reach an
agreement on the proposed form of judgment, then they shall submit separate forms.
Discussion is held regarding attorneys’ fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
11/22/2013
Docket Code 023
Form V000A
Page 3
2:14 p.m. Matter concludes.
BEFORE FILING ANY DISCOVERY MOTION, parties are instructed to contact this
division for an informal teleconference. Division contact information: Judicial Assistant, Mary
Farmer, phone: (602)506-0816.
For copies of hearings or trial proceedings recorded, please call Electronic Records
Services at (602)506-7100. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602)506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
Pursuant to Part 1, Chapter 6, Section 1-602 D (4)(a), of the Arizona Code of Judicial
Administration, if a court reporter is present, the court reporter’s record is the official record
and requests for transcripts shall be made by contacting the court reporter at (602)506-6100 or
email request to [email protected].
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
12/11/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Springston
Deputy
PENELOPE JOHNSON
CHRISTOPHER A LAVOY
v.
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
BRIAN W MORGAN
MINUTE ENTRY
The Court has considered Defendant’s Request for Clarification of Court’s Ruling,
Plaintiff’s Response and Defendant’s Reply.
The Court finds that paragraph 6.2 when read in conjunction with paragraph 1.15 requires
the courthome exterior maintenance obligation to include repair and maintenance of all
courthome balconies, trellises, patio covers and boundary walls that enclose courthome patios
and/or backyards. The Court further clarifies its ruling in that the Association may only use
courthome assessments for the repair and maintenance of the exterior of the courthomes as
described by paragraph 6.2 of the Declaration.
IT IS ORDERED that counsel for Plaintiff submit an amended proposed Form of
Judgment to reflect the Court’s ruling herein by no later than 5:00 p.m. January 3, 2014.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017609
12/11/2013
Docket Code 023
Form V000A
Page 2

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