02/10/2014 — TJ2010004242 HOMEOWNERS ASSOCIATION, MARLBORO COURT 02/10/2014 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-004242
02/10/2014
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
M. Gomez-Lopez
Deputy
MARLBORO COURT HOMEOWNERS
ASSOCIATION
BETH MULCAHY
v.
COSIMO PEZZANO
COSIMO PEZZANO
8995 E GAIL RD
SCOTTSDALE AZ 85260
MINUTE ENTRY
3:30 p.m. This is the time set for Order to Show Cause. No one appears.
On the Courts own motion,
IT IS ORDERED vacating today’s hearing.
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.
03/18/2014 — TJ2010004242 HOMEOWNERS ASSOCIATION, MARLBORO COURT 03/18/2014 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-004242
03/18/2014
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
MARLBORO COURT HOMEOWNERS
ASSOCIATION
BETH MULCAHY
v.
COSIMO PEZZANO
COSIMO PEZZANO
8995 E GAIL RD
SCOTTSDALE AZ 85260
MINUTE ENTRY
Courtroom: OCH 005.
4:17 p.m. This is the time set for Hearing Re: Order to Show Cause. Judgment Creditor
is represented by counsel, Maureen Connolly. No other parties appear.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel for Judgment Creditor orally moves for Judgment against Garnishee.
THE COURT FINDS that the Garnishee’s failure to appear is willful.
Discussion is held regarding the application for attorney’s fees.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-004242
03/18/2014
Docket Code 005
Form V000A
Page 2
The Court is inclined to grant the relief requested. Counsel is directed submit an
Application for Attorney’s Fees and a proposed form of Order for Judgment against Garnishee
for the Courts review and signature by close of business on March 19, 2014.
4:32 p.m. Matter concludes.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
03/24/2014 — TJ2010004242 HOMEOWNERS ASSOCIATION, MARLBORO COURT 03/24/2014 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/28/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-004242
03/24/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
W. Thompson
Deputy
MARLBORO COURT HOMEOWNERS
ASSOCIATION
BETH MULCAHY
v.
COSIMO PEZZANO
MINUTE ENTRY
Having considered Plaintiff’s Application for Attorney’s Fees and Costs Against
Garnishee and proposed form of judgment,
IT IS ORDERED granting in part and denying in part Plaintiff’s Application.
IT IS FURTHER ORDERED granting Plaintiff judgment against garnishee for the full
amount of the judgment against judgment debtor and attorneys fees set forth in the Application.
IT IS FURTHER ORDERED denying Plaintiff’s request for an award of costs.
Plaintiff’s reliance on A.R.S. § 12-341.01 and its contract with the Judgment Debtor in
support of its Application is misplaced. The Court agrees that the contract with Judgment
Debtors allows for the recovery of attorney’s fees and costs against the Judgment Debtor.
However 12-341.01 and the contract are not applicable to a request for fees against the
Garnishee. Plaintiff’s citation to A.R.S. § 12-1598.13(B) in its proposed from of judgment for
recovery of costs and additional penalty of $400.00 is also not applicable here.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-004242
03/24/2014
Docket Code 023
Form V000A
Page 2
This Petition at issue was not filed in response to Garnishee’s failure to deliver non-
exempt earnings statement but to Garnishee’s failure to answer the Writ of Garnishment. In fact
the Petition cited to the controlling statute, A.R.S. § 12-1598.13(H). Section H does not
authorize recovery of court costs or additional penalty of $400.00.
In view of the foregoing, Plaintiff shall lodge a form of judgment that comport with this
minute entry no later than ten days of the filing date of same.
