Holding HOA Boards, Attorneys, and Management Companies Accountable
Maricopa County Superior Court Case CV2010-006001
Case Header
Maricopa County Superior Court Case CV2010-006001: public docket details, parties, minute entries, documents, and official source links for Westview Crossing Homeowners Association.
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/07/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
01/06/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
KEVIN T MINCHEY
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order,
IT IS ORDERED setting a Telephonic Status/Scheduling Conference for the purpose of
assigning a trial date on September 13, 2011 at 8:45 a.m. (time allotted: 10 minutes).
Counsel/parties shall have their trial calendars available for the conference.
NOTE: Mr. Minchey is to initiate the telephonic conference by first arranging the
presence of all other counsel or self-represented parties on the conference call and by calling this
division (602-372-0382) at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or from
the Self Service Center to request a daily copy of a court hearing or trial proceeding being
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
01/06/2011
Docket Code 028
Form V000A
Page 2
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
01/30/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 01/30/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/31/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
01/30/2012
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
PHILIP N BROWN
MINUTE ENTRY
The Court is in receipt of Plaintiff’s January 24, 2012 Motion to Continue on the Inactive
Calendar.
Good cause appearing,
IT IS ORDERED granting Plaintiff’s Motion and continuing this matter on the inactive
calendar for dismissal without further notice on February 17, 2012.
IT IS FURTHER ORDERED setting a Telephonic Status Conference on
February 17, 2012 at 8:45 a.m. (time allotted: 10 minutes), in this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
01/30/2012
Docket Code 084
Form V000A
Page 2
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
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.
02/12/2013 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 02/12/2013 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
02/12/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
6820 S 21ST DR
PHOENIX AZ 85041
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
Defendant Petina Johnson filed a Motion for Relief from Final Judgment. Plaintiff
Westview Crossing responded and moved for attorney’s fees under A.R.S. §12-349. Petina
Johnson filed an Answer and appeared in the early stages of this case, but ceased participating,
and a Judgment was entered against her as trustee of the Petina Johnson Revocable Living Trust.
Her motion for relief from judgment asserts that she filed for bankruptcy in June 2011 and was
discharged in October 2011. She complains that she did not receive mail from the Court. This is
probably because she did not file a change of address with the Clerk as she is required to do.
The Court attempted to mail documents to her as the addresses on her filings changed but
apparently could not keep up with her as she moved. The matter of her bankruptcy was brought
up by Victor Johnson, and Westview Crossing attempted to search the bankruptcy court records
but without result. This was because Ms. Johnson filed for bankruptcy under the name Patina
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
02/12/2013
Docket Code 019
Form V000A
Page 2
Johnson. This is not her name, at least according to the name she uses in her motion for relief
from judgment, but it is the name she used in bankruptcy.
Plaintiff acknowledges that the judgment must be vacated but seeks attorney’s
fees for Ms. Johnson’s unreasonable conduct. The request for attorney’s fees is well taken. Ms.
Johnson has unreasonably expanded and delayed this proceeding by moving without informing
the Court of her changes in address, by filing bankruptcy without informing the Court or the
Plaintiff, and by filing her bankruptcy under a different name.
IT IS ORDERED the Final Judgment filed November 15, 2012, is vacated.
IT IS FURTHER ORDERED Plaintiff Westview Crossing is awarded its
reasonable attorney’s fees and costs pursuant to A.R.S. §12-349 incurred subsequent to
June 29, 2011, when Ms. Johnson filed bankruptcy and failed to inform the Court or Plaintiff.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter.
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.
Attachments:
PETINA M JOHNSON: Address Name Change
02/17/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 02/17/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/22/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
02/17/2012
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
VICTOR D JOHNSON
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
East Court Building – Courtroom 414
8:48 a.m. In chambers: This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff/Counter-Defendant Westview Crossing Homeowners
Association is represented by counsel, Lydia Peirce Linsmeier. Defendant/Counter-Plaintiff
Victor Johnson appears on his own behalf. Counter-Defendant Westview Crossing Homeowners
Association is represented by counsel, Jordan R. Plitt.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Discussion is held regarding the status of the case.
IT IS ORDERED all discovery shall be concluded no later than April 20, 2012.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
02/17/2012
Docket Code 084
Form V000A
Page 2
IT IS FURTHER ORDERED setting a Telephonic Status/Scheduling Conference for the
purpose of assigning a trial date on April 20, 2012 at 8:45 a.m. (time allotted: 10 minutes).
Counsel/parties shall have their trial calendars available for the conference.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-372-0382) at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or from
the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
IT IS FURTHER ORDERED continuing this matter on the inactive calendar through and
including April 20, 2012.
8:55 a.m. Matter concludes.
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.
03/01/2013 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 03/01/2013 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
03/01/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
6820 S 21ST DR
PHOENIX AZ 85041
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
The Court is in receipt of Plaintiff’s February 27, 2013 Request for Settlement
Conference. The Court notes that a Telephonic Status Conference is set for March 25, 2013 at
8:45 a.m. The Court will address Plaintiff’s Request at that time.
IT IS FURTHER ORDERED inmate Victor Johnson, date of birth: 04/24/1969, inmate
number: P945667, shall telephonically appear before the Honorable John C. Rea on
March 25, 2013 at 8:45 a.m.
IT IS FURTHER ORDERED that the Maricopa County Sheriff’s Office shall make
arrangements for the inmate to have telephone access at the time set for hearing. The telephone call
shall be placed by the Maricopa County 4
th
Avenue Jail to 602-372-0382.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
03/01/2013
Docket Code 023
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.
03/25/2013 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 03/25/2013 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
03/25/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
East Court Building – Courtroom 414
9:05 a.m. In chambers: This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff is represented by counsel, Lydia P. Linsmeier. Counter-
Defendant Westview Crossing Homeowners Association is represented by counsel, Jordan Plitt.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
The Court finds that Defendant/Counter-Plaintiff Victor Johnson had appropriate notice
of the hearing set this date. Defendant is neither present, nor represented by counsel. The Court
will proceed in Defendant’s absence.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
03/25/2013
Docket Code 029
Form V000A
Page 2
Discussion is held regarding a referral to the court’s Alternative Dispute Resolution
office and the filing of a dispositive motion.
The parties shall participate in a mandatory settlement conference. This case is referred to
the court's Alternative Dispute Resolution (“ADR”) for the appointment of a judge pro tempore
to conduct a settlement conference. Counsel and/or the parties will receive a minute entry from
the ADR office appointing the judge pro tempore. Counsel and any "pro per" parties will
contact the appointed judge pro tempore to arrange the date, time and location for the settlement
conference. The judge pro tempore is requested to conduct a settlement conference not later than
June 24, 2013. The Office of Alternative Dispute Resolution will not do the scheduling of the
settlement conference so please do not contact that office.
9:08 a.m. Matter concludes.
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.
04/20/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 04/20/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/25/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W. LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
East Court Building – Courtroom 414
8:45 a.m. In chambers: This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff/Counter-Defendant Westview Crossing Homeowners
Association is represented by counsel, Lydia Peirce Linsmeier. Defendant/Counter-Plaintiff
Victor Johnson appears on his own behalf. Counter-Defendant Westview Crossing Homeowners
Association is represented by counsel, Jordan R. Plitt.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Discussion is held regarding the status of the case and the parties advise the Court they
are prepared to set a trial date. Accordingly,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 2
IT IS ORDERED as follows:
1. Setting a Trial Management Conference on September 21, 2012 at 9:00 a.m. (time
allotted: 30 minutes). All parties must appear in person and cannot appear
telephonically.
2. Setting Trial to a Jury on October 2, 2012 at 9:30 a.m. (time allotted: Three (3)
days). PLEASE NOTE: Trial will not proceed on Fridays as Fridays are dark days
for this division.
Duties Prior to Trial
3. Dispositive Motions: All dispositive motions, including Rule 56 motions, shall be
filed no later than June 1, 2012.
4. Motions in Limine: All Motions in Limine shall be filed no later than August 31, 2012
and such motions must meet the test of State v. Superior Court, 108 Ariz. 396, 397; 499
P.2d 152 (1972): The primary purpose of a Motion in Limine is to avoid disclosing to
the jury prejudicial matters which may compel a mistrial. See also, Ariz. R. Evid.
103(c). A written response to a Motion in Limine may be filed no later than ten (10)
calendar days thereafter. The Court may rule on Motions in Limine without oral
argument. No replies shall be filed. The parties must comply with Rule 7.2(a)
Ariz.R.Civ.P., prior to filing any Motion in Limine.
PLEASE NOTE:
This division requires that all motions, responses, replies and
other Court requested filings in this case must be submitted individually. Counsel
shall not combine any motion with a responsive pleading. All motions are to be filed
separately and designated as such.
No pleadings will be accepted if filed in
combination with another.
5. Joint Pretrial Statement: Counsel shall file, no later than September 14, 2012, a Joint
Pretrial Statement signed by all counsel. In addition to the information required by Rule
16(d) the Joint Pretrial Statement shall include,
Ø A Final Trial Witness List. This list shall contain the name of each witness a
party actually intends to call at Trial, the day on which they intend to call
each witness and the estimated time needed for direct, cross and re-direct
examination. (see Witness Information Form attached)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 3
Ø An agreed upon number of jurors to be seated as the final panel including
any alternates, whether or not the alternates will deliberate, and an agreed
upon verdict ratio in accordance with the number of jurors deliberating.
Ø Whether or not the Rule of Exclusion of Witnesses is being invoked.
6. Jury Instructions and Voir Dire Questions: Counsel shall meet and agree on as many
proposed jury instructions as possible. Counsel shall file with their Joint Pretrial
Statement (the Judge would appreciate counsel providing a copy of the jury
instruction requests on CD, in Microsoft Word):
a) Proposed voir dire questions.
b) A joint set of agreed-upon preliminary and final jury instructions and
proposed forms of verdicts.
c) Separate sets of requested instructions that have not been agreed upon.
Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.
Recommended Arizona Jury Instructions (RAJI) need not be typed and may be requested in
the following manner: RAJI 3d Standard 1 - Duty of Jurors. Non-RAJI instructions should
be typed. Each instruction should cover only one subject.
Duties at Trial Management Conference
7. Counsel shall be prepared to argue Motions in Limine if the Court deems necessary.
8. Counsel shall be prepared to discuss:
a) Time limits in voir dire, opening statements, examination of witnesses
and closing arguments.
b) Preliminary jury instructions, mini opening statements and voir dire.
c) Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.
d) Any special scheduling or equipment issues.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 4
9. All parties must contact the Clerk of this division at 602-506-8806, no later than
September 11, 2012, regarding the proper procedures for submitting exhibits to be
marked for trial in this division.
No later than September 18, 2012, all parties shall deliver their exhibits. The parties
are directed to meet in person to exchange the exhibits before coming to court. The
parties will make sure that they do not bring to the clerk a set of exhibits that
include duplicate exhibits. The parties should not reserve exhibit numbers for all
Defendants’ exhibits, all Plaintiffs’ exhibits, miscellaneous demonstrative exhibits,
and the like. The parties shall also present original depositions for filing at that time.
Exhibits are marked in numerical order per party, making it necessary to mark all of
one party’s exhibits before marking the other party’s. Accordingly, the Defendant’s
exhibits numbering shall start at the next number following the last of Plaintiff’s
exhibits. (For example, Plaintiff submits 82 exhibits, which are marked Exhibit 1
through 82. Defendant submits 63 exhibits, which are marked 83 through 145). Please
do not combine the parties’ exhibits. Each side’s exhibits must be submitted
separately and in numerical order.
With regard to trial exhibits, the parties are strongly discouraged from marking
exhibits they do not anticipate offering during trial. The parties shall include a
section in the Joint Pretrial Statement regarding exhibits that may be used
during trial (and need not be initially marked), separate and apart from those
exhibits the parties know will be offered and should be initially marked as trial
exhibits in this case.
10. One day's jury fees will be assessed unless the Court is notified of settlement before 2:00
p.m. on the judicial day before the Trial. Counsel are reminded to promptly notify the
Court of any settlement pursuant to Rule 5.1(c), Ariz.R.Civ.P.
11. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
The trial will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or from
the Self Service Center to request a daily copy of a court hearing or trial proceeding being
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 5
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
8:55 a.m. Matter concludes.
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 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 6
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
5
6
DIRECT & CROSS TOTAL:_________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
5
6
DIRECT & CROSS TOTAL:_______________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
04/20/2012
Docket Code 089
Form V000A
Page 7
TOTAL WITNESS TIME ESTIMATE:___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:
05/12/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 05/12/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/16/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
05/12/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
JOHN C HENDRICKS
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Counter-Defendant Westview Crossing
Homeowners Associaton’s April 5, 2011 Motion for Sanctions for Summary Judgment on
June 3, 2011 at 2:30 p.m. (time allotted: 30 minutes with the time divided equally between
the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
05/12/2011
Docket Code 094
Form V000A
Page 2
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
05/24/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 05/24/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/25/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
05/24/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85037
DOUGLAS M SHAMAH
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Defendant Petina M. Johnson’s
April 26, 2011 Request to Appoint Victor Johnson as Defendant and Counter Claimant in Place
of Petina M. Johnson on June 3, 2011 at 2:30 p.m. (time allotted: 30 minutes with the time
divided equally between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
05/24/2011
Docket Code 094
Form V000A
Page 2
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
06/03/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 06/03/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/10/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/03/2011
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
PHILIP N BROWN
MINUTE ENTRY
East Court Building – Courtroom 414
2:25 p.m. This is the time set for Oral Argument on Counter-Defendant Westview
Crossing Homeowners Association’s (“Westview”) April 5, 2011 Motion for Sanctions or
Summary Judgment and Defendant Petina M. Johnson’s April 26, 2011 Request to Appoint
Victor Johnson as Defendant and Counter Claimant in Place of Petina M. Johnson. Counter-
Defendant Westview is represented by counsel, Douglas Shamah. Plaintiff Westview is
represented by counsel, Lydia Peirce Linsmeier.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/03/2011
Docket Code 005
Form V000A
Page 2
LET THE RECORD REFLECT that Victor Johnson, while not being a named defendant
in this matter, is present.
Discussion is held regarding what standing Mr. Johnson has to defend Plaintiff’s
Complaint and assert counterclaims on behalf of Petina M. Johnson, as Trustee of the Petina M.
Johnson Revocable Living Trust (“Johnson”) dated May 23, 2008.
IT IS ORDERED that Victor Johnson shall provide a copy of the Trust to the Court and
counsel for Plaintiff and Counter-Defendant Westview no later than June 17, 2011 so that the
Court may determine what, if any, standing Mr. Johnson has in this matter. Counter-Defendant
may then file a supplemental response to Defendant Petina M. Johnson’s April 26, 2011 Request
to Appoint Victor Johnson as Defendant and Counter Claimant in Place of Petina M. Johnson,
based on information provided in the Trust. Counterclaimant may file a reply. Once the matter
is fully briefed, the Court will either rule based on the pleadings or, if the Court feels necessary,
request oral argument and a date will be set via separate minute entry.
Argument is presented and statements are made to the Court with respect to Counter-
Defendant Westview’s Motion for Sanctions or Summary Judgment.
For the reasons stated on the record, the Court will treat Westview’s Motion for
Summary Judgment as a Motion to Dismiss.
With regards to Counter-Defendant Westview’s Motion to Dismiss,
IT IS ORDERED Counterclaimant Johnson is granted leave through July 5, 2011 to 1)
file an amended counterclaim that adequately asserts a claim(s) for relief under Arizona law and
2) arrange a date for her deposition. If Counterclaimant fails to comply with the Court’s order,
the Counterclaim will be dismissed.
ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney becomes of
record, the person(s) not represented by an attorney will act as his or her own attorney. Only a
licensed attorney in good standing with the Arizona State Bar may represent a corporation or
trust in the Superior Court. All persons representing themselves are held to the same
standard as a licensed attorney. This is so no unfair advantage is given to the person without
an attorney.
The procedure for filing any pleading, motion, memorandum, or other document required
to be filed is to file the original with the Clerk of the Superior Court with copies being mailed to
this division and to opposing counsel/parties. All pleadings are to include a certificate of mailing
verifying copies are being sent to all parties or their counsel if represented, and to this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/03/2011
Docket Code 005
Form V000A
Page 3
All proposed orders, submitted to this division, are to include copies of the order with self-
addressed, stamped envelopes for all parties/counsel.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter
2:55 p.m. Matter concludes.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
06/06/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 06/06/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/06/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on August 3, 2012 at 9:00 a.m. (time allotted:
60 minutes with the time divided equally between the parties), on the following motions:
1. Plaintiff’s June 1, 2012 Motion for Partial Summary Judgment Against Defendant Petina
M. Johnson, as Trustee of the Petina M. Johnson Revocable Living Trust Dated
May 29, 2008 and to Impose Sanctions.
2. Counterclaim Defendant Westview Crossing Homeowners Association’s June 1, 2012
Motion for Summary Judgment No. 1 (Against Counterclaimant Victor Johnson).
3. Counterclaim Defendant Westview Crossing Homeowners Association’s June 1, 2012
Motion for Summary Judgment No. 2 (Against Counterclaimant Petina Johnson, As
Trustee of the Petina M. Johnson Revocable Living Trust Dated May 29, 2008).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/06/2012
Docket Code 094
Form V000A
Page 2
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
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.
06/29/2010 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 06/29/2010 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
06/29/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
PETINA M JOHNSON
PETINA M JOHNSON
4250 N DRINKWATER BLVD
SCOTTSDALE AZ 85251
MINUTE ENTRY
The Court received from Defendant a document entitled “Extension,” which appears to
be a request for extension of time to answer Plaintiff’s Complaint filed February 2, 2010, but not
served until May 18, 2010. Although no specific reason to grant an extension of time was given,
in the interest of justice,
IT IS ORDERED granting Defendant’s request. Defendant shall file an answer no later
than July 26, 2010.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
07/15/2013 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 07/15/2013 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/17/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
07/15/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
6820 S 21ST DR
PHOENIX AZ 85041
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
Plaintiff moved for summary judgment against Defendant Victor Johnson on Count II of
Plaintiff's Complaint. Defendant Johnson did not respond. Based on the lack of response, and
the merits of the motion,
IT IS ORDERED Plaintiff's Motion for Summary Judgment is granted.
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.
07/21/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 07/21/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/25/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
07/21/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
DOUGLAS M SHAMAH
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on 1) Defendant’s June 27, 2011 Request to
Appoint Victor Johnson as Defendant and Counterclaimant in Place of Petina M. Johnson; 2)
Defendant’s June 29, 2011 Motion to Dismiss Pursuant to A.R.S. §33-1803; and 3) Plaintiff’s
July 15, 2011 Motion to Strike on September 2, 2011 at 11:00 a.m. (time allotted: 30 minutes
with the time divided equally between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
07/21/2011
Docket Code 094
Form V000A
Page 2
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
07/22/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 07/22/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/28/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
07/22/2011
Docket Code 085
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
DOUGLAS M SHAMAH
MINUTE ENTRY
East Court Building – Courtroom 414
9:17 a.m. In chambers: This is the time set for Telephonic Status Conference re: a
discovery dispute. All parties appear telephonically. Counter-Defendant Westview Crossing
Homeowners Association is represented by counsel, Douglas M. Shamah. Defendant Petina M.
Johnson appears on her own behalf. Victor D. Johnson is also present.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Discussion is held regarding the presence of Victor Johnson during the deposition of
Petina Johnson.
For the reasons stated on the record,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
07/22/2011
Docket Code 085
Form V000A
Page 2
IT IS ORDERED allowing Victor Johnson to be present during the deposition of Petina
Johnson. Mr. Johnson’s presence is limited to strictly be present and not actually participating in
the deposition.
9:21 a.m. Matter concludes.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
08/03/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 08/03/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
08/03/2012
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
East Court Building – Courtroom 414
9:03 a.m. This is the time set for Oral Argument on 1) Plaintiff’s June 1, 2012 Motion
for Partial Summary Judgment Against Defendant Petina M. Johnson, as Trustee of the
Petina M. Johnson Revocable Living Trust Dated May 29, 2008 and to Impose Sanctions; 2)
Counterclaim Defendant Westview Crossing Homeowners Association’s June 1, 2012
Motion for Summary Judgment No. 1 (Against Counterclaimant Victor Johnson); and 3)
Counterclaim Defendant Westview Crossing Homeowners Association’s June 1, 2012
Motion for Summary Judgment No. 2 (Against Counterclaimant Petina Johnson, As Trustee
of the Petina M. Johnson Revocable Living Trust Dated May 29, 2008).
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
08/03/2012
Docket Code 020
Form V000A
Page 2
For the reasons stated on the record,
IT IS ORDERED granting Counterclaim Defendant Westview Crossing Homeowners
Association’s June 1, 2012 Motion for Summary Judgment No. 2 (Against Counterclaimant
Petina Johnson, As Trustee of the Petina M. Johnson Revocable Living Trust Dated
May 29, 2008).
Argument is presented.
LET THE RECORD REFLECT that Defendant/Counterclaimant Victor Johnson has
advised the Court that Petina Johnson has filed for bankruptcy. No notice of filing
bankruptcy has been filed with the Court. Accordingly, before the entry of any judgment as
to Petina Johnson, the parties shall verify the existence of any filing by Petina Johnson in
bankruptcy court.
With respect to Plaintiff’s June 1, 2012 Motion for Partial Summary Judgment Against
Defendant Petina M. Johnson, as Trustee of the Petina M. Johnson Revocable Living Trust
Dated May 29, 2008 and to Impose Sanctions and Counterclaim Defendant Westview
Crossing Homeowners Association’s June 1, 2012 Motion for Summary Judgment No. 1
(Against Counterclaimant Victor Johnson),
IT IS ORDERED taking these matters under advisement.
9:32 a.m. Matter concludes.
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.
08/18/2010 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 08/18/2010 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/24/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
08/18/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
VICTOR D JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
MINUTE ENTRY
IT IS ORDERED setting a Telephonic Status Conference re: Whether Case Is/Is Not
Subject to Arbitration on September 1, 2010 at 9:15 a.m. (time allotted: 10 minutes), in this
division.
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
08/18/2010
Docket Code 028
Form V000A
Page 2
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/01/2010 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/01/2010 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/07/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/01/2010
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
A. Melchert/L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
KEVIN T MINCHEY
ALTERNATIVE DISPUTE RESOLUTION -
CCC
REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION
East Court Building – Courtroom 414
9:20 a.m. In chambers: This is the time set for Telephonic Status Conference re: Whether
Case is or is not Subject to Arbitration. All parties appear telephonically. Plaintiff is represented
by counsel, Brian E. Ditsch. Defendant/Counterclaimant Petina Johnson is present on her own
behalf. Counterdefendant Westview Crossing Homeowners Association is represented by
counsel, Kevin Minchey.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/01/2010
Docket Code 029
Form V000A
Page 2
For the reasons stated on the record, the Court finds that this matter is not subject to
arbitration.
The parties shall participate in a mandatory settlement conference. This case is referred to
the court's Alternative Dispute Resolution (“ADR”) for the appointment of a judge pro tempore
to conduct a settlement conference. Counsel and/or the parties will receive a minute entry from
the ADR office appointing the judge pro tempore. Counsel and any "pro per" parties will
contact the appointed judge pro tempore to arrange the date, time and location for the settlement
conference. The judge pro tempore is requested to conduct a settlement conference not later
than December 8, 2010. The Office of Alternative Dispute Resolution will not do the scheduling
of the settlement conference so please do not contact that office.
9:29 a.m. Matter concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/02/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/02/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/09/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/02/2011
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
J. Polanco
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
LYDIA P LINSMEIER
DOUGLAS M SHAMAH
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W. LAREATA
PHOENIX AZ 85037
MINUTE ENTRY
East Court Building – Courtroom 414
11:02 a.m. This is the time set for Oral Argument on 1) Defendant’s June 27, 2011
Request to Appoint Victor Johnson as Defendant and Counterclaimant in Place of Petina M.
Johnson; 2) Defendant’s June 29, 2011 Motion to Dismiss Pursuant to A.R.S. §33-1803; and 3)
Plaintiff’s July 15, 2011 Motion to Strike. Plaintiff is represented by counsel, Lydia P.
Linsmeier and Douglas M. Shamah. Defendant Petina Johnson is not present nor represented by
counsel. Victor Johnson, while not being a named Defendant in this matter, is present on his
own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the Complaint filed in this matter and the proper parties to
this action.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/02/2011
Docket Code 019
Form V000A
Page 2
THE COURT FINDS that as to Count 1 of the Complaint, the proper Defendant is
Petina M. Johnson as trustee of the Petina M. Johnson Revocable Living Trust dated May 29,
2008.
THE COURT FURTHER FINDS that as to Count 2 of the Complaint, Victor Johnson
as the current title holder of the property, shall be allowed to intervene as a Defendant to protect
his own interest in the property.
Discussion is held regarding the Defendant’s June 27, 2011 Request to Appoint Victor
Johnson as Defendant and Counter Claimant in Place of Petina M. Johnson.
THE COURT FINDS that as to Count 1 of the Counterclaim, the proper Plaintiff is
Petina M. Johnson as trustee of the Petina M. Johnson Revocable Living Trust dated May 29,
2008. There being no Count 2,
THE COURT FURTHER FINDS that as to Count 3 of the existing Counterclaim under
A.R.S. §33-420(a), the proper Plaintiff is Petina M. Johnson as trustee of the Petina M. Johnson
Revocable Living Trust dated May 29, 2008. There is currently no claim in the Counterclaim
that seeks to remove the lien under A.R.S. §33-420(b).
THE COURT FURTHER FINDS that under Count 4 of the Counterclaim, the proper
Plaintiff is Petina M. Johnson as trustee of the Petina M. Johnson Revocable Living Trust dated
May 29, 2008.
LET THE RECORD REFLECT that as to all of the existing Counterclaims, Petina M.
Johnson is the only party as trustee of the Petina M. Johnson Revocable Living Trust.
The Court advises the parties that if Petina M. Johnson fails to prosecute on the
counterclaims, they may fall for lack of prosecution.
Plaintiff’s counsel addresses the Court regarding the absence of the Defendant.
LET THE RECORD REFLECT that notice of this hearing was sent by the Court to
Defendant Petina M. Johnson at her last address on file. The address is confirmed with Victor
Johnson. Accordingly, this matter now proceeds.
Discussion is held regarding the Defendant’s June 29, 2011 Motion to Dismiss.
Although the Defendant is not present, the Court has considered the merits of the motion.
Pursuant to A.R.S. §33-1803,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/02/2011
Docket Code 019
Form V000A
Page 3
IT IS ORDERED denying the Defendant’s Motion to Dismiss.
IT IS FURTHER ORDERED denying the Plaintiff’s Motion to Strike the Defendant’s
Motion to Dismiss.
Plaintiff’s counsel advises the Court that they have not received a copy of the Trust as
ordered by the Court on June 3, 2011.
LET THE RECORD REFLECT the Court provides a copy of the Trust to Plaintiff’s
counsel.
Brief discussion is held regarding the Defendant’s July 20, 2011 Request for Discovery.
11:24 a.m. Matter concludes.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative
Order 2011-87 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.
09/14/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/14/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/14/2012
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
The Court has under advisement Counterclaim Defendant Westview Crossing’s Motion
for Summary Judgment No. 1 against Victor Johnson and its Motion for Partial Summary
Judgment Against Petina Johnson. At oral argument, Victor Johnson stated that Petina Johnson
had filed bankruptcy and the Court withheld ruling on Westview Crossing’s Motion against her.
The Court has since been informed that Plaintiff, despite diligent search, has been unable to find
any bankruptcy filing by Petina Johnson. Therefore,
IT IS ORDERED Plaintiff’s Motion for Partial Summary Judgment Against Petina
Johnson is granted.
The Court has considered Westview Crossing’s Motion for Summary Judgment No. 1
against Victor Johnson, Mr .Johnson’s Response, and the court file. For the reasons expressed in
the Motion,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/14/2012
Docket Code 926
Form V000A
Page 2
IT IS ORDERED Westview Crossing’s Motion is granted.
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.
09/28/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/28/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/04/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/28/2012
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
The Court is in receipt of and has considered Plaintiff’s September 18, 2012 Amended
Motion to Continue Trial.
Good cause appearing,
IT IS ORDERED granting Plaintiff’s Motion.
IT IS FURTHER ORDERED vacating the Trial Management Conference set for
September 21, 2012 and the trial date of October 1, 2012.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/28/2012
Docket Code 081
Form V000A
Page 2
IT IS FURTHER ORDERED setting a Telephonic Status Conference on March 25, 2013
at 8:45 a.m. (time allotted: 10 minutes), in this division.
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or
trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
09/28/2012
Docket Code 081
Form V000A
Page 3
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.
10/09/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 10/09/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/10/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
10/09/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
Due to clerical error,
IT IS ORDERED amending the Court’s September 28, 2012 minute entry, page 1,
paragraph 4, to reflect that the trial date of October 2, 2012 is vacated, not October 1, 2012.
IT IS FURTHER ORDERED the remainder of the minute entry remains unchanged..
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.
10/12/2012 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 10/12/2012 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
10/12/2012
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
JOHN C HENDRICKS
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
LYDIA P LINSMEIER
MINUTE ENTRY
The Court is in receipt of and has considered Plaintiff’s October 4, 2012 Motion to
Extend Deadline.
IT IS ORDERED granting Plaintiff’s Motion.
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.
10/25/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 10/25/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/01/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
10/25/2011
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
J. Eaton
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
8918 W. LAREATA
PHOENIX AZ 85037
MINUTE ENTRY
Defendant Victor Johnson has filed a Motion to Dismiss Pursuant to A.R.S. §33-1803(B),
a Petition to Remove Mechanic’s Lien Pursuant to A.R.S. §33-421(A), and a Motion to Amend
Answer to Complaint and Counterclaim Pursuant to A.R.S. §33-420(B).
IT IS ORDERED Motion to Dismiss is denied.
IT IS FURTHER ORDERED Petition to Remove Mechanic’s Lien is denied.
IT IS FURTHER ORDERED Motion to Amend Answer to Complaint and Counterclaim
is granted.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.
11/29/2011 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 11/29/2011 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
11/29/2011
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
VICTOR D JOHNSON
8918 W LA REATA
PHOENIX AZ 85037
VICTOR D JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
RAYMOND P ROGISSART
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED placing this matter on the inactive calendar for dismissal on
January 31, 2012.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.
12/03/2010 — CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 12/03/2010 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/07/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
PETINA M JOHNSON, et al.
PETINA M JOHNSON
10904 W BELMONT AVE
GLENDALE AZ 85307
KURT M ZITZER
MINUTE ENTRY
The Court has received and reviewed Counter-Defendant’s Request for Rule 16
Conference filed November 23, 2010. (Please note: It is this division’s practice to not
set a conference date at this time, but rather to have the parties submit a Joint
Status/Scheduling Memorandum and scheduling order for the Court’s signature as set
forth below.)
IT IS ORDERED as follows:
Counsel/parties are to meet personally to discuss all of the matters set forth in
Rule 16, A.R.Cv.P. Counsel/parties shall prepare and file with the Court, no later than
January 3, 2011, a Joint Status/Scheduling Memorandum, and a form of Order, for
discovery, motion and disclosure deadlines.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 2
If the parties agree to the dates, they should prepare an Order in the form set
forth below, containing the provisions which are applicable to their case. For example,
paragraph 1 of the Order set forth below need not be included in the parties’ proposed
Order if the parties intend to disclose their experts’ identity and opinions at the same
time they disclose their experts’ areas of testimony. Similarly, if the parties agree to
simultaneously disclose the identity and opinions of their expert witnesses, they need
not include in their proposed Order the language set forth in paragraph 2a. and b.,
below.
The proposed Order shall include specific dates (“December 5, 2009” is a
specific date. “90 days prior to trial” is a date in reference to a trial date and is not a
specific date). All applicable blanks should be filled in. Do not incorporate a firm trial
date in the proposed Order.
If counsel/parties are unable to agree on any of the items that are to be included
in the Order, the reasons for their inability to agree shall be set forth in their Scheduling
Memorandum and each shall prepare a separate proposed Order.
The Court will review the Joint Status/Scheduling Memorandum and Scheduling
Order. If all is in order, the Court will set a scheduling/status conference (via separate
minute entry) close to the discovery cutoff date. At the scheduling/status conference, if
the parties have completed discovery and are ready for trial, the Court will set firm
dates for the final pretrial management conference and the trial. If the parties are not
ready for trial, the matter will be placed on the Inactive Calendar for dismissal within
60 days.
If counsel/parties feel a pretrial conference is still necessary at this stage of the
litigation, they should address the reasons why in the first paragraph of the Joint
Status/Scheduling Memorandum.
If a Joint Status/Scheduling Memorandum and Scheduling Order are not timely
submitted, the Court will place the matter on the Inactive Calendar for dismissal.
Counsel/parties shall provide prepaid return-addressed envelopes for the return
mailing of the Scheduling Order and the appropriate number of copies of the Scheduling
Order for all parties involved in this case.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 3
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SCHEDULING ORDER FORMAT:
The Court has received and reviewed the parties’ Joint Status/Scheduling
Memorandum and proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
The parties shall mutually and simultaneously disclose areas of expert
1.
testimony by 5:00 p.m. on ________, 200_. [or]
Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on
a.
_________, 200_.
Defendants shall disclose areas of expert testimony by 5:00 p.m. on
b.
_________, 200_.
The parties shall mutually and simultaneously disclose the identity and
2.
opinions of their expert witnesses by 5:00 p.m. on ________, 200_. [or]
Plaintiffs shall disclose the identity and opinions of their expert witnesses
a.
by 5:00 p.m. on ________, 200_.
Defendants shall disclose the identity and opinions of their expert
b.
witnesses by 5:00 p.m. on ________, 200_.
Any and all discovery requests shall be served by 5:00 p.m. on
3.
________, 200_.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on
4.
________, 200_. [or]
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 4
Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on
a.
________, 200_.
Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
b.
________, 200_.
The parties shall mutually and simultaneously disclose their rebuttal
5.
expert witnesses and opinions by 5:00 p.m. on ________, 200_.
All discovery shall be concluded by 5:00 p.m. on ________, 200_.
6.
The parties shall have exchanged up-to-date final Rule 26.1
7.
Supplemental Disclosure Statements by 5:00 p.m. on ________, 200_.
This Order does not replace the parties’ obligation to seasonably disclose
on an on-going basis under Rule 26.1 as information becomes available.
Settlement conference (choose one):
8.
a
.
PRIVATE MEDIATION
The parties shall participate in private mediation by 5:00 p.m. on
________, 200_;
All counsel/parties and their clients, or non-lawyer representatives
who have full and complete authority to settle this case, shall
personally appear and participate in good faith in this mediation,
even if no settlement is expected. The mediator may permit a non-
lawyer representative to appear telephonically if such appearance is
requested and granted prior to the hearing.
OR
b
.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
**Referral will be issued by Clerk via separate minute entry.**
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 5
The parties request a referral to the Court’s Alternative Dispute Resolution
Office (ADR) for the appointment of a judge pro tempore to conduct a
settlement conference. The parties request that the judge pro tempore
conduct a settlement conference not later than ________________,
200_. (NOTE: The ADR Office requires a minimum of 90 days to set a
conference date.)
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be
9.
used at trial other than those disclosed in a timely manner, except for
good cause shown or written agreement of the parties.
Should any discovery disputes arise, counsel/parties, prior to filing
10.
discovery motions, shall meet and confer pursuant to Rule 37,
Ariz.R.Civ.P. If the issues are straightforward enough not to require
briefing, counsel/parties may telephonically contact the Court to set up a
telephonic conference to discuss any remaining issues.
The dates set forth in this Order are FIRM dates and will not be extended
11.
or modified by this Court absent good cause. Lack of preparation will not
ordinarily be considered good cause.
Rule 38.1 of Ariz.R.Civ.P. is waived unless and until otherwise ordered by
12.
the Court.
A Telephonic Status/Scheduling Conference for the purpose of assigning a trial
date will be set via separate minute entry.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
_____________________
______________________________
Date
Honorable John C. Rea
Judge of the Superior Court
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-006001
12/03/2010
Docket Code 023
Form V000A
Page 6
Documents
Type
Title
Content Type
Size
Source
minute_entry_pdf
CV2010006001 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 01/06/2011 HON. JOHN REA View Minute Entry