05/10/2023 — CV2023006233 COMMUNITY ASSOCIATION, LAS BRISAS 05/10/2023 HONORABLE SUSANNA C. PINEDA View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/12/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
05/10/2023
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSANNA C. PINEDA
L. Gilbert
Deputy
LAS BRISAS COMMUNITY ASSOCIATION
KYLE BANFIELD
v.
GARRISON K GARSHA, et al.
MARK W HORNE
JUDGE PINEDA
MINUTE ENTRY
East Court Building – Courtroom 913
9:03 a.m. This is the time set for an Order to Show Cause Return Hearing on Plaintiff’s
Request for Preliminary and Permanent Injunctions. Plaintiff is represented by counsel, Marcus
R. Martinez, appearing on behalf of counsel of record, Kyle Banfield. Defendants are present
and represented by counsel, David W. Degnan, appearing for counsel of record, Mark W. Horne.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
Defendants request a continuance of today’s hearing to allow time for the filing of a
motion to dismiss.
IT IS ORDERED continuing this Order to Show Cause Return Hearing to July 6, 2023 at
9:00 a.m. (time allotted: 15 minutes) in this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
05/10/2023
Docket Code 004
Form V000A
Page 2
The Court expects the parties to appear by videoconference unless permission is otherwise
given by the Court.
IT IS ORDERED that the parties are directed to contact the division via video conference
using Court Connect on the date and time of the hearing. Information regarding access to this
division’s virtual courtroom is listed below.
NOTE: All court proceedings are recorded digitally 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.
9:09 a.m. Matter concludes.
Court Connect Information
Enter the following address into your web browser and connect
through Microsoft Teams or your browser
www.tinyurl.com/jbazmc-cvj12
Use of the above link can be made easier by downloading the Microsoft
Teams application first; for more on the new platform, including an
introduction video and participant guide, please visit
https://superiorcourt.maricopa.gov/court-connect/
If necessary, you may connect to the meeting via telephone:
+1 (917) 781-4590
Microsoft Conference ID: 508 176 593#
07/06/2023 — CV2023006233 COMMUNITY ASSOCIATION, LAS BRISAS 07/06/2023 HONORABLE SUSANNA C. PINEDA View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Filed ***
07/10/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
07/06/2023
Docket Code 901
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSANNA C. PINEDA
C. Lockhart
Deputy
LAS BRISAS COMMUNITY ASSOCIATION
KYLE BANFIELD
v.
GARRISON K GARSHA, et al.
MARK W HORNE
JUDGE PINEDA
DOCKET CV TX
MINUTE ENTRY
East Court Building – Courtroom 913
9:45 a.m. This is the time set for an Order to Show Cause Return Hearing regarding
Plaintiff’s Request for Preliminary and Permanent Injunctions filed April 25, 2023 and for Oral
Argument regarding Defendants’ Rule (b)(1) and (6) Motion to Dismiss, filed on May 16, 2023.
Plaintiff, Las Brisas Community Association, is represented by counsel, Erin McManis, on behalf
of Kyle Banfield. Defendants, Garrison K. Garsha and Lindsey M. Garsha, are represented by
counsel, Shane Ham on behalf of Mark W. Horne. All parties appear via the Court Connect
platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case.
Argument is presented to the Court.
Based on matters heard on the record,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
07/06/2023
Docket Code 901
Form V000A
Page 2
IT IS ORDERED granting Defendants’ Motion to Dismiss. The Court finds the arbitration
clause within the CC&R’s is applicable to all parties, therefore the Court does not have jurisdiction
in this matter.
10:14 a.m. Matter concludes
IT IS ORDERED, dismissing this matter without prejudice as to all claims against all
parties. No further matters remain pending, and the Court signs this minute entry as a final
judgment pursuant to Rule 54(c), Ariz. R. Civ. P.
DATED this ______ day of July 2023
/s/ Susanna C. Pineda
HONORABLE SUSANNA C. PINEDA
JUDICIAL OFFICER OF THE SUPERIOR COURT
07/07/2023 — CV2023006233 COMMUNITY ASSOCIATION, LAS BRISAS 07/07/2023 HONORABLE SUSANNA C. PINEDA View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/10/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
06/27/2023
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSANNA C. PINEDA
J. Holguin
Deputy
LAS BRISAS COMMUNITY ASSOCIATION
KYLE BANFIELD
v.
GARRISON K GARSHA, et al.
MARK W HORNE
JUDGE PINEDA
ORAL ARGUMENT SET
The Court has received and reviewed Defendants’ Rule (b)(1) and (6) Motion to Dismiss
filed on May 16, 2023.
IT IS ORDERED setting a virtual Oral Argument on Defendants’ Rule (b)(1) and (6)
Motion to Dismiss on July 6, 2023 at 9:30 a.m., (1 hour allotted) in this Division via Court
Connect. The Court expects the parties to appear by videoconference unless permission is
otherwise given by the Court.
IT IS FURTHER ORDERED that the parties are directed to contact the Division via
video conference using Court Connect on the date and time of hearing. Information regarding
access to this Division’s virtual courtroom is listed below:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-006233
06/27/2023
Docket Code 094
Form V000A
Page 2
The video call should be placed from an area with no background noise as this will
prevent the parties from hearing the proceedings in the courtroom.
NOTE: All court proceedings are recorded digitally 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.
If either party wishes to register and/or access their case via the Electronic Court Record,
they may do so by visiting the following website:
https://ecr.clerkofcourt.maricopa.gov/login.aspx
IT IS FURTHER ORDERED changing the time for the July 6, 2023, Order to Show
Cause from 9:00 a.m. to 9:30 a.m. to be heard in conjunction with the Oral Argument.
Court Connect Information
Enter the following address into your web browser and connect
through Microsoft Teams or your browser
www.tinyurl.com/jbazmc-cvj12
Use of the above link can be made easier by downloading the Microsoft
Teams application first; for more on the new platform, including an
introduction video and participant guide, please visit
https://superiorcourt.maricopa.gov/court-connect/
If necessary, you may connect to the meeting via telephone:
+1 (917) 781-4590
Microsoft Conference ID: 508 176 593#
