07/12/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 07/12/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
07/12/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
IT IS ORDERED setting this matter for a Status Conference on July 31, 2017 at 11:30
a.m., before this Court, at the following location:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
07/12/2017
Docket Code 028
Form V000A
Page 2
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.
07/25/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 07/25/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
07/25/2017
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court received Applicant/Plaintiff’s Motion to Continue,
IT IS ORDERED vacating the hearing set on July 31, 2017 at 11:30 a.m. and continuing
same to August 23, 2017 at 11:00 a.m., before this Court.
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
08/14/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 08/14/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
08/14/2017
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court having received and reviewed Applicant’s Request to Appear Telephonically
at the Status Conference for August 23, 2017 at 11:00 a.m.,
IT IS ORDERED approving and settling formal written Order Allowing Applicant to
Appear Telephonically at the Status Conference Scheduled for August 23, 2017 at 11:00 a.m.
signed by the Court on August 8, 2017 and filed (entered) by the Clerk on August 14, 2017.
Pursuant to Rule 3.2(i), the Clerk’s office is required to notify all parties when an order is
signed by the Court, either by mailing a conformed copy, or by minute entry. In the future,
please provide self-addressed and stamped envelopes and copies of the order when submitting an
order for the court’s signature so that all parties receive a copy of the signed order.
08/23/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 08/23/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
08/23/2017
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
Courtroom: ECB 813.
11:01 a.m. This is the time set for Status Conference Re: Release of Excess Proceeds.
Claimant Lake Park Village I Homeowners Association is represented telephonically by counsel,
Nikita Verma Patel. Claimant Chrysoula Spyropoulos is present telephonically on her own
behalf. No other parties are present.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
Based upon the matters presented,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
08/23/2017
Docket Code 094
Form V000A
Page 2
IT IS ORDERED setting an Oral Argument and Hearing Re: Priority on November 1,
2017 at 10:30 a.m., (time allotted: 30 minutes), in this Division:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
IT IS FURTHER ORDERED parties shall file their lists of witnesses and exhibits with
the Clerk of the Court on or before October 11, 2017. Any witnesses or exhibits not listed in
the lists of witnesses and exhibits will be inadmissible at trial. All documents filed shall be
exchanged between the parties electronically the same day filed via fax, email, or hand delivery
to avoid the mailing delay.
IT IS FURTHER ORDERED any and all dispositive motions shall be filed no later than
October 11, 2017 with any responses filed on or before October 13, 2017.
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.
11:15 a.m. Matter concludes.
LATER:
The Court inadvertently failed to discuss the mailing requirements during the telephonic
status conference held today, but does so here.
Pentagon Federal Credit Union has not satisfied A.R.S. § 33-812(G) as there is no
affidavit of mailing for the application with copies of the returned envelope(s) or signed
receipt(s) attached thereto for each potentially interested party identified by the Complaint.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
08/23/2017
Docket Code 094
Form V000A
Page 3
Chysoula Spyropoulos has not satisfied A.R.S. § 33-812(G) as there is no affidavit of
mailing for the application with copies of the returned envelope(s) or signed receipt(s) attached
thereto for each potentially interested party identified by the Complaint.
Lake Park Village I Homeowners Association has not satisfied A.R.S. § 33-812(G). The
Affidavit in Support of Application for Disbursement of Excess Proceeds does not include a
returned envelope or signed receipt for mailing of the application to The Dobson Association,
Inc., c/o Carpenter, Hazlewood, Delgado and Bolen address.
The Court will not issue an order releasing excess proceeds to any applicant until that
applicant satisfies A.R.S. § 33-812(G).
09/13/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 09/13/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
09/13/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court received a twenty-nine page Motion to Show Cause filed by Chrysoula
Spyropoulos. The Motion to Show Cause fails to comply with Rule 7.1(a) of the Arizona Rules
of Civil Procedure’s page limitation and no request to file an over-length brief was filed.
Accordingly, the Motion to Show Cause is denied without prejudice to the filing of a motion that
complies with Rule 7.1(a).
The Court also received and reviewed a Motion to Consolidate Cases filed by Ms.
Spyropoulos. Ms. Spyropoulos seeks to consolidate this excess proceeds case with a case Ms.
Spyropoulos filed in the Superior Court against various parties including the Plaintiff/Trustor in
this case, and a case filed in Justice Court against Ms. Spyropoulos by The Dobson Association,
Inc.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
09/13/2017
Docket Code 023
Form V000A
Page 2
This case was filed pursuant to A.R.S. § 33-812(D), and is a unique statutory cause of
action that serves as a vehicle for the orderly distribution of excess proceeds resulting from a
trustee’s sale. Ms. Spyropoulos’ other Superior Court case related to the trustee’s sale resulting
in the excess proceeds, but it has been dismissed in its entirety and is now on appeal. See
Spyropoulos v. Sherman, CV2016-094879 (Ariz. Super., Maricopa County), 1 CA-CV 17-0513
(Ariz. App.). This Court does not have access to the Justice Court docket to determine the status
of the Justice Court matter or determine its subject matter. Most importantly Ms. Spyropoulos
does not cite legal authority that would allow this Court to consolidate an ongoing case in
Superior Court with a case pending before the Arizona Court of Appeals or a Justice Court case.
Accordingly, the Motion to Consolidate is denied.
IT IS ORDERED denying the Motion to Show Cause without prejudice to the filing of a
motion that complies with Rule 7.1(a).
IT IS FURTHER ORDERED denying the Motion to Consolidate Cases.
10/09/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 10/09/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/10/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
10/09/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court received and reviewed a Motion to Show Cause filed by Chrysoula
Spyropoulos asking this Court to dismiss the Complaint. The Motion to Show Cause is denied.
As explained in this Court’s September 13, 2017 Minute Entry, this case was filed
pursuant to A.R.S. § 33-812(D), and is a unique statutory cause of action that serves as a vehicle
for the resolution of claims to, and the orderly distribution of, excess proceeds resulting from a
trustee’s sale. A.R.S. § 33-812 does not contemplate that a claimant could seek to dismiss the
Complaint and/or cause the deposited moneys to be returned to the Trustee. Further, the
Complaint states a cause of action as has been created by A.R.S. § 33-812. Accordingly,
IT IS ORDERED denying the Motion to Show Cause.
11/01/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 11/01/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
11/01/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court received and reviewed the Application for Release of Excess Proceeds to
Maria Gonzales, Spouse of Ezequiel Gonzales (the “Application”) and the related Affidavit of
Mailing. Ms. Gonzalez’s Application is granted for the reasons that (1) it has been 180 days from
the date that the Complaint was filed in this matter, (2) proper notice has been given to all
interested parties, and (3) no objections have been made and/or have otherwise been resolved.
The Court orders release of the excess proceeds to Ms. Gonzalez’s all in accordance with the
formal written Order signed by the Court on November 1, 2017.
11/01/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 11/01/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
11/01/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
Prior to hearing Plaintiff’s exhibit 1 is marked for identification.
Courtroom: ECB 813.
10:36 a.m. This is the time set for Oral Argument Re: Priority. Claimant Lake Park
Village I Homeowners Association is represented by counsel, Nikita Patel. Claimant Chrysoula
Spyropoulos is present on her own behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Jean Bellington is sworn and testifies.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
11/01/2017
Docket Code 005
Form V000A
Page 2
Plaintiff’s exhibit 1 is received in evidence.
Discussion is held regarding priority.
Based upon the matters presented,
IT IS ORDERED denying Claimant Chrysoula Spyropoulos’s Application for Release of
Excess Proceeds.
IT IS FURTHER ORDERED denying Claimant Lake Park Village I Homeowners
Association Motion for Summary Judgment.
IT IS FURTHER ORDERED to the extent not already done so, denying Claimant
Chrysoula Spyropoulos’s Motion for Definite Statement, alternatively or Collectively, Motion to
Dismiss.
THE COURT FINDS THAT Claimant Lake Park Village I Homeowners Association has
satisfied mailing requirements A.R.S. §33-812 (G).
IT IS FURTHER ORDERED based upon the evidence presented, granting Claimant Lake
Park Village I Homeowners Association’s Application for Release of Excess Proceeds.
IT IS FURTHER ORDERED directing Claimant Park Village I Homeowners
Association’s counsel to submit a proposed form of order for the Court’s review and signature.
11:25.m. Matter concludes.
12/12/2017 — CV2017003419 MARICOPA COUNTY ARIZONA, TREASURER OF 12/12/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-003419
12/12/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
JASON P SHERMAN
JASON P SHERMAN
v.
TREASURER OF MARICOPA COUNTY
ARIZONA
TREASURER OF MARICOPA COUNTY
ARIZONA
NO ADDRESS ON RECORD
MARY ANN HESS
NIKITA VERMA PATEL
CHRYSOULA SPYROPOULOS
2524 S EL PARADISO
MESA AZ 85202
MINUTE ENTRY
The Court received and reviewed the Motion to Amend Minute Entry Filed 11/2/2017
Pursuant to Rules 52, 58 and 59 (the “Motion”) filed by Claimant C. Spyropoulus. The Motion
argues that Claimant Lake Park Village Homeowner’s Association (the “Association”) was not
qualified to receive excess proceeds because its Judgment and Decree of Foreclosure and Order
of Sale were not recorded.
The Motion does not cite, discuss, or analyze the applicable statute, A.R.S. § 33-1256.
Specifically, § 33-1256(E) states that “[r]ecording of the declaration constitutes record notice
and perfection of the lien for assessments, for charges for late payment of those assessments, for
reasonable collection fees and for reasonable attorney fees and costs incurred with respect to
those assessments,” and that “[f]urther recordation of any claim of lien for assessments under
this section is not required.” Accordingly,
IT IS ORDERED denying the Motion.
