01/11/2016 — CV2015091129 DAVIS, CHRISTINE 01/11/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
01/11/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
CHRISTINE DAVIS, et al.
ERIN SELENE IUNGERICH
v.
WESTGLEN VILLAS HOMEOWNERS
ASSOCIATION INC, et al.
TERRY WAYNE STRAUGHN
ANTONIO DOMINGUEZ
COURT ADMIN-CIVIL-ARB DESK
ORAL ARGUMENT SET
The Court has received and reviewed Defendants’ Motion for Partial Summary Judgment,
the Plaintiffs’ Response and the Defendants’ Reply thereto.
IT IS ORDERED setting an Oral Argument re: Defendants’ Motion for Partial Summary
Judgment on March 18, 2016 at 10:15 a.m. (allotted time: 1 hour) before:
HONORABLE DAVID K. UDALL
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210
IT IS FURTHER ORDERED:
If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
01/11/2016
Docket Code 094
Form V000A
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
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.
03/31/2016 — CV2015091129 DAVIS, CHRISTINE 03/31/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/04/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
03/31/2016
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
CHRISTINE DAVIS, et al.
ERIN SELENE IUNGERICH
v.
WESTGLEN VILLAS HOMEOWNERS
ASSOCIATION INC, et al.
TERRY WAYNE STRAUGHN
ANTONIO DOMINGUEZ
COURT ADMIN-CIVIL-ARB DESK
MATTER UNDER ADVISEMENT
Courtroom – SEF 205
9:02 a.m. This is the time set for Oral Argument on Defendants’ Motion for Partial
Summary Judgment. Counsel, James Roger Wood on behalf of Erin Iungerich, is present on
behalf of the Plaintiffs who are not present. Counsel, Terry Straughn, is present on behalf of the
Defendants who are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is held.
IT IS ORDERED taking this matter under advisement.
9:26 a.m. Matter concludes.
03/31/2016 — CV2015091129 DAVIS, CHRISTINE 03/31/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
04/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
03/31/2016
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
CHRISTINE DAVIS, et al.
ERIN SELENE IUNGERICH
v.
WESTGLEN VILLAS HOMEOWNERS
ASSOCIATION INC, et al.
TERRY WAYNE STRAUGHN
ANTONIO DOMINGUEZ
COURT ADMIN-CIVIL-ARB DESK
UNDER ADVISEMENT RULING
The Court took this matter under advisement after Oral Argument was held on March 31,
2016 on Defendants’ Motion for Partial Summary Judgment. The Court has considered the
arguments of the parties and the pleadings. The Court makes the following findings and enters
the following orders.
With respect to Count 1,
THE COURT FINDS there is enough evidence to go to the jury on the question of
whether or not Defendants violated the duties owed to the Plaintiffs.
With respect to Count 2, breach of ARS 33-1805,
THE COURT FINDS there is enough evidence to go to the jury as to whether or not the
Defendants violated the statute with regard to the Plaintiff Christine Davis.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
03/31/2016
Docket Code 926
Form V000A
Page 2
With respect to Plaintiff David Opstein,
THE COURT FINDS that David Opstein is not a member of the Homeowners
Association and has no standing with respect to this Count.
IT IS THEREFORE ORDERED denying Defendants’ Motion for Partial Summary
Judgment with respect to Christine Davis on Counts 1 and 2.
IT IS FURTHER ORDERED denying Defendants’ Motion for Partial Summary
Judgment with respect to David Opstein on Count 1.
IT IS FURTHER ORDERED granting Defendants’ Motion for Partial Summary
Judgment with respect to David Opstein on Count 2.
IT IS FURTHER ORDERED dismissing Count 2 with regard to David Opstein, with
prejudice.
Dated this 31st day of March, 2016
/ s / HONORABLE DAVID K. UDALL
HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT
11/20/2015 — CV2015091129 DAVIS, CHRISTINE 11/20/2015 HON. DAVID K. UDALL View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
11/20/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
CHRISTINE DAVIS, et al.
ERIN SELENE IUNGERICH
v.
WESTGLEN VILLAS HOMEOWNERS
ASSOCIATION INC, et al.
TERRY WAYNE STRAUGHN
ANTONIO DOMINGUEZ
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and reviewed the parties’ Stipulation to Continue Deadline for
Responsive Pleadings filed November 18, 2015.
IT IS ORDERED granting the Stipulation to Continue Deadline for Responsive
Pleadings.
IT IS FURTHER ORDERED extending the time for Plaintiffs to file a Response to the
pending Motion for Partial Summary Judgment until and including November 23, 2015.
11/28/2016 — CV2015091129 DAVIS, CHRISTINE 11/28/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-091129
11/28/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
L. Popovic
Deputy
CHRISTINE DAVIS, et al.
ERIN SELENE IUNGERICH
v.
WESTGLEN VILLAS HOMEOWNERS
ASSOCIATION INC, et al.
TERRY WAYNE STRAUGHN
ANTONIO DOMINGUEZ
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and considered the Plaintiff’s Motion to Reinstate to Active
Calendar and Compulsory Abitration (sic).
IT IS ORDERED denying the Plaintiff’s Motion to Reinstate to Active Calendar and
Compulsory Abitration (sic).
