03/03/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 03/03/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
03/03/2016
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
STATUS CONFERENCE SET
Courtroom: ECB-512
8:50 a.m. This is the time set for a return hearing on Plaintiffs’ order to show cause.
Plaintiffs are represented by Counsel Jonathan A. Dessaules and Chelsea M. Kartler. Defendant
is represented by Counsel Christina N. Morgan.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The court inquires as to the parties’ attempts to confer regarding the relief being
requested by Plaintiffs.
With regard to the document production issue, the parties believe they may be able to
resolve the issue after conferring further. Defendant’s counsel advises the court that the
president of the Homeowners Association will not be available until later today.
Plaintiffs’ counsel indicates that an amended complaint may be filed, if it becomes
necessary.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
03/03/2016
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting an in-person status conference on March 23, 2016 at
9:30 a.m. (time allotted: 30 minutes) in this division for the purpose of discussing further
proceedings in the case. Counsel shall have their calendars available for this proceeding.
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746
IT IS FURTHER ORDERED that all of the Plaintiffs and all of the members of the
Velda Rose Estates Homeowners Association board be personally present at the hearing.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for a half-day and $280 for a full day.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
8:56 a.m. Matter concludes.
03/23/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 03/23/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/24/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
03/23/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
ORAL ARGUMENT SET
Courtroom: ECB-512
9:36 a.m. This is the time set for a status conference. Plaintiffs are all present and
represented by Counsel Jonathan A. Dessaules and Chelsea M. Kartler. Defendant is represented
by Counsel Christina N. Morgan and Robert E. Barry. Also present are the following members
of the Homeowners’ Association board: Ron Lindstrom, Gloria Densen, Betty Nadolski, Danna
Roberts, Donald A. Cook, and Roger A. Walkin.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case and the parties’ discussions on ways to
resolve this matter.
IT IS ORDERED setting oral argument on Defendant’s March 21, 2016 Motion to
Dismiss and Plaintiffs’ February 17, 2016 Application for Order to Show Cause for April 15,
2016 at 11:30 a.m. in this division. Counsel and the parties, if representing themselves, are to
appear in person before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
03/23/2016
Docket Code 094
Form V000A
Page 2
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides.
IT IS FURTHER ORDERED directing Defendant’s counsel to email a copy of the
Motion to Dismiss to Plaintiffs’ counsel today.
IT IS FURTHER ORDERED that any response to the Motion to Dismiss and/or
Application for Order to Show Cause be filed by April 1, 2016. Any reply shall be filed by
April 8, 2016.
If after the argument the court concludes that evidence is necessary to decide the issues,
the court will set an evidentiary hearing at that time.
The court addresses the parties directly regarding the anticipated litigation process.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for a half-day and $280 for a full day.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
9:53 a.m. Matter concludes.
04/04/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 04/04/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/06/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
04/04/2016
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
ORAL ARGUMENT RESET
Before the court is the parties’ March 31, 2016 Stipulation to Continue Oral Argument
Date and Extend Briefing Schedule on Motion to Dismiss and Application for Order to Show
Cause. Good cause appearing,
IT IS ORDERED granting the Motion as follows.
IT IS ORDERED vacating the April 15, 2016 oral argument regarding Defendant’s
March 21, 2016 Motion to Dismiss and Plaintiffs’ February 17, 2016 Application for Order to
Show Cause and resetting same for April 28, 2016 at 8:45 a.m. in this division. Counsel and the
parties, if representing themselves, are to appear in person before:
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
04/04/2016
Docket Code 095
Form V000A
Page 2
Phone: 602-372-2966
Fax: 602-372-8746
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides.
IT IS FURTHER ORDERED responses to the Motion to Dismiss and Application for
Order to Show Cause shall be filed by April 8, 2016. Replies shall be filed by April 15 2016.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for a half-day and $280 for a full day.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
04/28/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 04/28/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
04/28/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
HEARING
Courtroom: ECB-512
8:49 a.m. This is the time set for oral argument regarding Plaintiffs’ February 17, 2016
Application for Order to Show Cause and Defendant’s March 21, 2016 Motion to Dismiss.
Plaintiffs Brodie Poole, Susan Rice and Gwendolyn Krogstad are present and represented by
Counsel Jonathan A. Dessaules and Chelsea M. Kartler, who also represent Plaintiffs Richard
Bertling, Dianne Taylor Bertling and Stan Hayes. Defendant Velda Rose Estates Homeowners
Association is represented by Counsel Christina N. Morgan. Defendant’s client representative,
Gloria Deneson, is present as are several board members of the Defendant.
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 taking these matters under advisement.
The court addresses the parties regarding this litigation and options for resolving the case.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
04/28/2016
Docket Code 005
Form V000A
Page 2
9:18 a.m. Matter concludes.
Later
Before the court are Plaintiffs’ Application for Order to Show Cause and Defendant
Association’s Motion to Dismiss, which turn on the same legal issue: Are Plaintiffs, who are
members of the Association, entitled to copies of ballots cast by Association members and other
records pertaining to the election of the Association’s Board?
A.R.S. § 33-1805(A) directs that “all financial and other records” of a homeowners’
association be made available to members, subject to certain exceptions. The court concludes
that records of the Association’s election are “other records” within the meaning of this statute.
The purpose of the statute is to permit association members to meaningfully monitor the actions
of their association or its board. Monitoring whether an association has properly and honestly
conducted elections is squarely within the interests protected by the statute.
A.R.S. § 33-1805(B)(4) permits the Association to withhold from disclosure “[p]ersonal .
. . records of an individual member of the association.” To the extent an election record
identifies either which property owners voted or how they voted, it constitutes a personal record
of an individual member that is exempt from production.
The ballots for the Association’s election are designed to be secret; they contain no place
for the member to provide his or her name or other identifying information. Thus, those records
are not personal and must be produced. To the extent any member chose to write their name on a
ballot, they voluntarily made that information non-personal. The envelopes containing ballots,
however, are personal because they identify who voted in the election.
Based on the foregoing,
IT IS ORDERED denying the Association’s Motion to Dismiss.
IT IS FURTHER ORDERED granting Plaintiffs’ Application in part as follows.
Within 30 days of this order, the Association shall make available for inspection to Plaintiffs or
their representative all ballots cast in the Board of Directors election.
IT IS FURTHER ORDERED that the parties file a joint status memorandum no later
than June 15, 2016 stating whether any matters remain to be adjudicated in this matter and, if so,
attaching a scheduling order.
06/16/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 06/16/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
06/16/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
JOHN DANIEL CAMPBELL
ORDER ENTERED BY COURT
The court has received the parties’ June 15, 2016 Joint Status Memorandum. It appears
that there are no claims remaining to be adjudicated other than the parties’ claims for attorneys’
fees. Therefore,
IT IS ORDERED that each party file any application for attorneys’ fees and any
statement of costs, and lodge a form of judgment, no later than August 5, 2016.
IT IS FURTHER ORDERED that, if no form of judgment is lodged, this matter will be
dismissed without prejudice.
09/08/2016 — CV2016001318 ESTATES HOMEOWNERS ASSOCIATION, VELDA ROSE 09/08/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
09/08/2016
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
BRODIE POOLE, et al.
JONATHAN A DESSAULES
v.
VELDA ROSE ESTATES HOMEOWNERS
ASSOCIATION
CHRISTINA N MORGAN
KRIS SMITH
JUDGMENT SIGNED
Before the court are Plaintiffs’ Statement of Costs, Application for Award of Attorneys’
Fees and lodged Form of Judgment, and Defendant’s Application for Award of Attorneys’ Fees
and lodged Form of Judgment.
Plaintiffs are the successful party, so they are entitled to taxable costs in the amount of
$585.76. For the same reason, Defendant is not entitled to costs or attorneys’ fees.
Plaintiffs are not entitled to attorneys’ fees. This action arose out of statute, not contract,
so A.R.S. § 12-341.01(A) does not apply. Nor have Plaintiffs demonstrated an entitlement to
fees under A.R.S. § 12-349. A.R.S. § 10-11604(C) does apply to this case, but the court finds
that Defendant refused inspection in good faith and had a reasonable basis for doubt about
Plaintiffs’ right to inspect. Fees are, therefore, not awardable under this statute.
Consistent with this ruling,
IT IS ORDERED approving and settling the formal Judgment in favor of Plaintiffs
Brodie Poole, Susan Rice, Gwendolyn Krogstad, Richard Bertling, Dianne Taylor Bertling, and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001318
09/08/2016
Docket Code 049
Form V000A
Page 2
Stan Hayes and against Defendant Velda Rose Homeowners Association electronically signed by
the court on September 7, 2016. The Judgment will be electronically filed (entered) by the clerk
on September 9, 2016.
