01/08/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 01/08/2002 HON. MICHAEL J. O'MELIA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 01/10/2002
01/08/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 019
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
ERIC W SACHRISON
MINUTE ENTRY
After considering the memoranda, Plaintiff’s Motion for
Summary Judgment is denied.
02/11/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 02/11/2002 HON. MICHAEL J. O'MELIA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/14/2002
02/11/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 089
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
A Motion to Set and Certificate of Readiness for Trial
having been filed,
IT IS ORDERED:
1.
This matter is set for trial to the Court on June 18,
2002 at 9:30 a.m. in this division.
Estimated length of trial is: 1 day.
THIS IS A FIRM TRIAL SETTING.
2.
The joint pretrial statement in accordance with Rule
VI, Uniform Rules of Practice, is due by 5:00 p.m.,
five days prior to trial. In addition to the
information required by Uniform Rule VI, counsel are
to identify in/with the joint pretrial statement all
deposition or other transcribed testimony that may be
offered at trial. The proposed testimony is to be
identified by reference to page and line numbers.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/14/2002
02/11/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 089
Page 2
Objections, if any, to such testimony, and the reasons
for such objections, are also to be set forth.
3.
No less than five (5) judicial days prior to trial,
counsel (or the parties) shall file:
A.
Requested jury instructions and any voir
dire questions counsel request that the
Court ask.
B.
Any trial memoranda (optional) which will be
in
lieu
of
post-trial
briefs,
unless
otherwise requested by the Court at the
conclusion of the trial.
C.
Motions in limine, which must meet the test
of State v. Superior Court, 108 Ariz. 396,
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.”
D.
Proposed findings of fact and conclusions of
law (if a request for findings of fact and
conclusions of law has been or will be
filed).
4.
Written response to a motion in limine may be filed no
later than noon of the day before trial.
5.
All motions (except motions in limine) shall be filed
no later than seventy-five (75) days prior to trial so
they can be scheduled, briefed, argued and decided
prior to trial.
6.
At least one week before trial, the trial lawyers
shall make an appointment for themselves or their
knowledgeable assistants to meet with the Clerk of
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/14/2002
02/11/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 089
Page 3
this
division
before
the
trial,
presenting
all
exhibits. The exhibits will be marked serially,
plaintiff’s first and defendant’s second.
7.
Opinions of experts fairly sought and revealed in
deposition
or
other
discovery
shall
not
be
supplemented at trial.
8.
The witness and exhibit lists shall contain no
surprises; any information sought by other discovery
devices and revealed for the first time on the witness
or exhibit lists will be inadmissible at trial.
9.
All documents and pleadings described above shall be
delivered or telefaxed to opposing counsel on the date
they are delivered to the Court.
04/26/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 04/26/2002 HON. MICHAEL J. O'MELIA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 05/01/2002
04/26/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 019
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
IT IS ORDERED denying Defendant’s Motion for Summary
Judgment as not being timely.
06/17/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 06/17/2002 JUDGE PENDLETON GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/20/2002
06/17/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
J. Stobierski
Deputy
CV 2001-006128
Docket Code 085
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
2:00 p.m. This is the time set for Pretrial Management
Conference. Plaintiff is represented by counsel, Jules I.
Firetag. Defendant is represented by counsel, Eric W.
Sachrison.
Court reporter, Michael Vacca, is present.
Discussion is held.
By agreement of counsel and for the reasons stated on the
record,
IT IS ORDERED vacating the bench trial set for June 18,
2002 at 9:30 a.m. in this division.
The Court will treat Defendant’s Motion for Summary
Judgment, filed on April 25, 2002, as a pending pleading.
Accordingly,
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/20/2002
06/17/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
J. Stobierski
Deputy
CV 2001-006128
Docket Code 085
Page 2
IT IS FURTHER ORDERED setting oral argument re: Defendant’s
Motion for Summary Judgment, filed on April 25, 2002, for July
8, 2002 at 1:30 p.m. in this division. (Time allotted: 30
minutes)
IT IS FURTHER ORDERED that Plaintiff shall file its
response memorandum to Defendant’s Motion for Summary Judgment
not later than June 24, 2002. Defendant shall file its reply
not later than July 2, 2002. The motion shall be fully briefed
and at issue one full week before the date of the hearing.
Based upon the agreement of counsel as to the proposed
submissions, counsel for Plaintiff withdraws his request for
findings of fact and conclusions of law.
The Court advises counsel if there are any issues that have
not been set forth in the previous submissions, counsel may file
any additional submissions they wish to at the same time they
file their response or reply memorandum.
2:25 p.m. Matter concludes.
06/24/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 06/24/2002 JUDGE PENDLETON GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/26/2002
06/24/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
M. MINKOW
Deputy
CV 2001-006128
Docket Code 066
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
IT IS ORDERED transferring this matter to Judge Gaines'
Division for all further proceedings.
07/08/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 07/08/2002 JUDGE PENDLETON GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/10/2002
07/08/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
J. Stobierski
Deputy
CV 2001-006128
Docket Code 019
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
1:30 p.m. This is the time set for oral argument on the
parties’ agreed-upon written submissions in lieu of trial.
Plaintiff is represented by counsel, Jules I. Firetag.
Defendant is represented by counsel, Eric Sachrison.
Court reporter, Michael Vacca, is present.
Argument is presented.
IT IS ORDERED taking this matter under advisement.
2:08 p.m. Matter concludes.
07/09/2002 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 07/09/2002 JUDGE PENDLETON GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/11/2002
07/09/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
J. Stobierski
Deputy
CV 2001-006128
Docket Code 019
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
ERIC W SACHRISON
RULING
This case was tried to the Court, by agreement, on written
submissions consisting of the briefing on Plaintiff’s and
Defendant’s motions for summary judgment, statements of facts
(the parties agreed the facts are undisputed) and supporting
documents. A pending request for findings of fact and
conclusions of law was withdrawn, and neither party subsequently
requested such. The case was argued on July 8, 2002, and taken
under submission.
The Court finds in favor of Plaintiff on its complaint to
quiet title.
The relative priority of Plaintiff’s agreement for sale and
Defendant’s lien, and resulting foreclosure of that lien, for
unpaid homeowner’s assessments is the crux of the controversy.
By the terms of A.R.S. Section 33-1256(B)(2), a homeowners'
association lien for unpaid assessments is expressly
subordinated to a seller’s interest is an agreement for sale
"recorded prior to the lien arising pursuant to subsection A of
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/11/2002
07/09/2002
CLERK OF THE COURT
FORM V000A
JUDGE PENDLETON GAINES
J. Stobierski
Deputy
CV 2001-006128
Docket Code 019
Page 2
this section." Here, the agreement for sale was recorded in
1969. The homeowners' assessment became due subsequently, was
foreclosed and resulted in a sheriff’s deed issued to
Defendant’s predecessor in 1991.
Defendant argues that its statutory lien dates from 1964,
the date upon which the homeowners' association's CC&R’s were
recorded. This argument is contrary to the express language of
A.R.S. Section 33-1256 (A), which provides that:
"The Association has a lien on a unit for any
assessment levied . . .from the time the assessment
...becomes due." (Emphasis added).
Here, by the explicit terms of the statute, the assessment,
which admittedly was not due until after the recordation of
Plaintiff’s agreement for sale, must necessarily be subordinate
and inferior to the interest represented by the agreement for
sale.
Defendant concedes that its "sheriff’s deed" argument rises
or falls with a determination of the priority issue. The Court
is persuaded by, and adopts, Plaintiff’s positions on the
adverse possession and statute of limitations issues set forth
in its briefing.
IT IS ORDERED AS FOLLOWS:
1.
The Court finds for Plaintiff on its complaint to quiet
title.
2.
Plaintiff shall submit a formal judgment consistent
with this order not later than August 9, 2002, failing
submission of which this case will be dismissed without
prejudice.
07/22/2003 — CV2001006128 ASSOCIATION, TANGLEWOOD 07/22/2003 JUDGE PRO TEM HOWARD GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-006128
07/22/2003
Docket Code 092
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM HOWARD GAINES
J. Pinter
Deputy
FILED: 07/23/2003
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
Pursuant to the Ruling entered, and there being no further need to retain the exhibits not offered in evidence
in the custody of the Clerk of the Court,
T IS ORDERED that the courtroom clerk permanently release all exhibits not offered in evidence to the
counsel/party causing them to be marked, or to their written designee.
IT IS FURTHER ORDERED that counsel/party or written designee shall have thirty (30) days from the
date of this minute entry to take possession of the exhibits from this Court; thereafter, the courtroom clerk is
authorized to dispose of the exhibits without further notice.
07/23/2003 — CV2001006128 ASSOCIATION, TANGLEWOOD 07/23/2003 JUDGE PENDLETON GAINES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-006128
07/23/2003
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PENDLETON GAINES
J. Pinter
Deputy
FILED: 07/24/2003
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
CALLIOPE SCHICKLER
MINUTE ENTRY
IT IS ORDERED nunc pro tunc correcting the minute entry dated 07/22/03 to reflect that
the Superior Court Judge reflected at the top of the minute entry should be: JUDGE
PENDLETON GAINES.
10/12/2001 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 10/12/2001 HON. MICHAEL J. O'MELIA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/16/2001
10/12/2001
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 094
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
ERIC W SACHRISON
MINUTE ENTRY
IT IS ORDERED setting oral argument re: Plaintiff’s Motion
for Summary Judgment for November 20, 2001 at 9:00 a.m. in this
division.
11/20/2001 — CV2001006128 FIRST AMERICAN TITLE INSURANCE COMPANY, 11/20/2001 HON. MICHAEL J. O'MELIA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 11/27/2001
11/20/2001
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2001-006128
Docket Code 020
Page 1
FILED: _________________
FIRST AMERICAN TITLE INSURANCE
COMPANY
JULES I FIRETAG
v.
TANGLEWOOD ASSOCIATION
ERIC W SACHRISON
MINUTE ENTRY
8:50 a.m. This is the time set for oral argument re:
Plaintiff’s
Motion
for
Summary
Judgment.
Plaintiff
is
represented by counsel, Jules I. Firetag. Defendant is
represented by counsel, Eric Sachrison and Calliope Schickler.
Court reporter is not present.
Motion is argued to the Court.
IT IS ORDERED taking this matter under advisement.
9:20 a.m. Hearing concludes.
