10/18/2024 — CV2024009511 HOMSI, ALI F 10/18/2024 HONORABLE PETER A. THOMPSON View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/21/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-009511
10/18/2024
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER A. THOMPSON
J. Lizardi
Deputy
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
ASHLEY N TURNER
v.
ALI F HOMSI
ALI F HOMSI
2015 E MYRNA LN
TEMPE AZ 85284
JUDGE THOMPSON
MINUTE ENTRY
The Court has considered Plaintiff Circle G Ranches 4 Homeowners Association’s Motion
for Summary Judgment, filed on August 14, 2024. Defendant Ali Homsi has not filed a response
or request for continuance regarding a response and the time for doing so under the Arizona Rules
of Civil Procedure has passed.
The failure to respond to a motion may be treated as consent to its being granted. Ariz. R.
Civ. P. 7.1(b). Moreover, an unopposed motion for summary judgment will be granted unless the
moving party fails to present facts showing the absence of any materially disputed issue of fact.
E.g., Biondo v. General Motors Corp., 5 Ariz. App. 286, 291, 425 P.2d 856, 861 (1967) (affirming
summary judgment); see also Siner v. Stewart, 9 Ariz. App. 101, 103, 449 P.2d 635, 637 (1969)
(same). When, as here, the party against whom the motion is directed fails to respond, the facts
asserted by the moving party are assumed to be true. E.g., Sato v. Van Denburgh, 123 Ariz. 225,
599 P.2d 181 (1979) (affirming summary judgment); Schuldes v. National Surety Corp., 27 Ariz.
App. 611, 617, 557 P.2d 543, 549 (App. 1976) (same). The motion and its accompanying
statement of facts establish that there are no material facts in dispute that preclude granting the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-009511
10/18/2024
Docket Code 019
Form V000A
Page 2
motion and that Plaintiff is entitle to judgment against Defendant in the amount of $10,957.58 in
unpaid assessments, late fees, fines and other authorized charges pursuant to the Covenants Codes
and Restrictions in place and applicable to Defendant’s property.
IT IS ORDERED granting Plaintiff Circle G Ranches 4 Homeowners Association’s
Motion for Summary Judgment filed August 14, 2024 seeking $10,957.58 in unpaid assessments,
late fees, fines and other authorized charges pursuant to the Covenants Codes and Restrictions in
place and applicable to Defendant’s property.
This is an action arising out of a purported contract, which entitles Plaintiff to apply for an
award of attorney’s fees. Lacer v. Navajo County, 141 Ariz. 392, 394, 687 P.2d 400, 402 (App.
1984).
IT IS ORDERED that not later than 20 calendar days after the entry of this order, Plaintiff
may submit an application for an award of attorney’s fees and statement of costs. If an application
or statement is submitted that Defendant wishes to oppose, a response must be filed not later than
20 calendar days after service. Plaintiff is not permitted to file a reply unless requested to do so
by the court.
IT IS FURTHER ORDERED that not later than 20 calendar days after the entry of this
order, Plaintiff must also submit a proposed form of judgment, leaving blank spaces for attorney’s
fees and taxable costs. That form of judgment may incorporate by reference what is said here but
otherwise should be confined to the amounts being awarded along with Rule 54(c) language.
11/22/2024 — CV2024009511 HOMSI, ALI F 11/22/2024 HONORABLE PETER A. THOMPSON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/25/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-009511
11/22/2024
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER A. THOMPSON
A. Hayes
Deputy
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
ASHLEY N TURNER
v.
ALI F HOMSI
ALI F HOMSI
2015 E MYRNA LN
TEMPE AZ 85284
JUDGE THOMPSON
JUDGMENT SIGNED
IT IS ORDERED approving and settling the formal written Judgment and Decree of
Foreclosure and Order of Sale signed by the Court November 22, 2024, and filed (entered) by the
Clerk November 22, 2024.
It is important that counsel and self-represented parties read the Judgment that the
Court signed. The Court may have made changes to the Judgment that the parties
submitted.
NOTE: The Court has electronically signed the Judgment outside of the eFile system,
which was then submitted separately by the Clerk for eFiling. Therefore, copies of the Judgment
have not been transmitted electronically to the parties in the case. After the Judgment has been
accepted and docketed by the Clerk’s Office, it will be available for viewing and printing through
the ECR online at www.clerkofcourt.maricopa.gov and from the Public Access Terminals at the
Clerk of Court’s offices located throughout Maricopa County.
