05/01/2006 — CV2005091584 QUIROS, ALAN C 05/01/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
05/01/2006
Docket Code 350
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
FILED: 05/02/2006
WIGWAM CREEK SOUTH COMMUNITY
ASSOCIATION
CHARLES E MAXWELL
v.
ALAN C QUIROS, et al.
RICHARD BELLAH
COURT ADMIN-CIVIL-ARB DESK
MOTION FOR SUMMARY JUDGMENT
On March 21, 2006, Plaintiff filed a Motion for Summary Judgment. The Court has
reviewed the pleadings. Pursuant to Rule 7.1, the Court declines to schedule oral argument.
In its complaint, Plaintiff asserted both claims for injunctive relief and for money
damages. The injunctive relief claim has been resolved through a settlement agreement.
In moving for summary judgment regarding the money damages claim, Plaintiff argues
that the settlement agreement establishes Defendant’s liability for money damages pursuant to
the doctrine of res judicata. Res judicata and collateral estoppel apply only when an issue has
been actually litigated. Restatement (Second) of Judgments §27. An issue resolved by consent
has not been actually litigated. Id., comment e.
Further, when ruling on a Motion for Summary Judgment, a court may consider only
admissible evidence. Evidence of compromises is not admissible to prove liability. Rule 408,
Arizona Rules of Evidence. Given all of the circumstances,
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
05/01/2006
Docket Code 350
Form V000A
Page 2
MOTION TO SET
In Maricopa County, compulsory arbitration applies when the amount in controversy
does not exceed $50,000. Local Rule 3.10. On March 20, 2006, Plaintiff filed a “Motion to
Set”. Plaintiff certified therein that the largest award sought is $10,000. In their response to the
motion to set, Defendants expressed the belief that this case is subject to compulsory arbitration.
Because the claim for injunctive relief has been resolved, the Court agrees. Under the
circumstances,
IT IS ORDERED denying Plaintiff’s motion to set.
REFERRAL TO ARBITRATION DESK
Having found that this case is subject compulsory arbitration,
IT IS ORDERED referring the case to the arbitration desk for appointment of an
arbitrator.
INACTIVE CALENDAR
On Court’s own motion,
IT IS ORDERED continuing this case on the inactive calendar until December 1, 2006.
If Rule 38.1 is not complied with before that date, the case will be dismissed without further
notice.
DATED this 1st day of May, 2006.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
05/26/2005 — CV2005091584 QUIROS, ALAN C 05/26/2005 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
05/26/2005
Docket Code 022
Form J000
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Stone
Deputy
FILED: 05/30/2005
WIGWAM CREEK SOUTH COMMUNITY
ASSOCIATION
CHARLES E MAXWELL
v.
ALAN C QUIROS, et al.
AMY LYNN OLTHOUSE
MINUTE ENTRY
1:36 p.m. This is the time set for return hearing on Plaintiff’s Petition for Order to Show
Cause. Counsel, Brian Morgan for Charles E. Maxwell, is present on behalf of Plaintiff.
Counsel, Amy Lynn Olthouse, is present with Defendant Sheri L. Quiros.
A record of this proceeding is made by CD and videotape in lieu of a court reporter.
Counsel advise the Court they have reached an agreement regarding the request for
injunctive relief and the agreement is stated.
THE COURT FINDS the agreement is not a result of coercion, is fair and equitable, is
binding upon the parties pursuant to Rule 80(d), Arizona Rules of Civil Procedure, and the Court
adopts the agreement as the order of the Court.
IT IS ORDERED settling and approving the formal written Order signed by the Court on
May 26, 2005 and filed by the Clerk on May 26, 2005.
1:40 p.m. Hearing concludes.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
05/26/2005
Docket Code 022
Form J000
Page 2
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.
09/27/2006 — CV2005091584 QUIROS, ALAN C 09/27/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
09/29/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
09/27/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
WIGWAM CREEK SOUTH COMMUNITY
ASSOCIATION
CHRISTOPHER D STICKLAND
v.
ALAN C QUIROS, et al.
SHEILA HARMER
KENNETH S COUNTRYMAN
MINUTE ENTRY
The parties have submitted a “Joint Motion to Extend Time to Hold Arbitration Hearing”.
This motion is dated September 19, 2006.
IT IS ORDERED granting the motion. More specifically,
IT IS ORDERED extending the deadline for commencement of an arbitration hearing in
this case to December 20, 2006. On Court’s own motion,
IT IS ORDERED continuing this case on the inactive calendar until February 13, 2007.
If Rule 38.1 is not satisfied before that date, this case will be dismissed without further notice.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-091584
09/27/2006
Docket Code 078
Form V000A
Page 2
The Court notes that it is quite unlikely that any further continuance on the inactive
calendar will be allowed.
DATED this 27th day of September, 2006.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
