06/20/2018 — CV2018006725 ALBANESE, JAMES 06/20/2018 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
06/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-006725
06/20/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
G. Verbil
Deputy
LANDINGS HOMEOWNERS ASSOCIATION
ALLISON T PRESTON
v.
JAMES ALBANESE
JAMES ALBANESE
2000 W CALLE DEL NORTE DR
CHANDLER AZ 85224
COMM. GARBARINO
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application/Motion for Default against
Defendant(s), James Albanese, in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
David Garbarino.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-006725
06/20/2018
Docket Code 023
Form V000A
Page 2
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
11/09/2018 — CV2018006725 ALBANESE, JAMES 11/09/2018 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
11/13/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-006725
11/09/2018
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
G. Verbil
Deputy
LANDINGS HOMEOWNERS ASSOCIATION
ALLISON T PRESTON
v.
JAMES ALBANESE
JAMES ALBANESE
2000 W CALLE DEL NORTE DR
CHANDLER AZ 85224
JUDGE MAHONEY
MINUTE ENTRY
The Court has considered Plaintiff Landings Homeowners Association’s (“Plaintiff”)
Motion for Summary Judgment (“Motion”), Plaintiff’s Separate Statement of Facts In Support
thereof, and the Affidavit of Plaintiff’s Community Manager Kara Cutler In Support of the Motion
and Statement of Facts (“Cutler Affidavit”), all filed 8/9/18.
The Motion seeks summary judgment against Defendant James Albanese (“Defendant”)
on Plaintiff’s Complaint for breach of contract and lien foreclosure. Defendant has not filed a
response or opposition to the Motion for Summary Judgment.
Oral argument has not been requested on the Motion for Summary Judgment and is
unnecessary.
Generally, a party must file a written response whenever a motion is filed. Schwab v. Ames
Const., 207 Ariz. 56, 59 (App. 2004), citing Choisser v. State ex rel. Herman, 12 Ariz.App. 259,
260 (1970). If the party opposing a motion fails to respond in writing, the trial court may, in its
discretion, dispose of the motion summarily. Id.; Ariz. R. Civ. P. 7.1(b)(2). When a motion is one
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-006725
11/09/2018
Docket Code 019
Form V000A
Page 2
for summary judgment, Rule 56(c)(2) provides that a party opposing a summary judgment motion
“must file its response and any supporting materials within 30 days after the motion is served.”
Despite these rules, certain limitations exist on the exercise of the trial court's discretion if
the motion is one for summary judgment. Schwab, 207 Ariz. at 59; see also Choisser, 12 Ariz.App.
at 261. A failure to respond to a motion for summary judgment with a written memorandum or
opposing affidavits does not, by itself, entitle the moving party to summary judgment. Id. Rule
56(a) provides, in pertinent part: “The court shall grant summary judgment if the moving party
shows that there is no genuine dispute as to any material fact and the moving party is entitled to
judgment as a matter of law.”
And Rule 56(e) provides, in pertinent part:
When a summary judgment motion is made and supported as provided in this rule,
an opposing party may not rely merely on allegations or denials of its own pleading.
The opposing party must, by affidavits or as otherwise provided in this rule, set
forth specific facts showing a genuine issue for trial. If the opposing party does not
so respond, summary judgment, if appropriate, shall be entered against that party.
“The admonition in Rule 56(e) simply means that a nonmoving party who fails to respond
to a motion for summary judgment does so at his [or her] peril because the trial court will presume
that any uncontroverted evidence favorable to the movant, and from which only one inference can
be drawn, is true.” Schwab, 207 Ariz. at 60; Choisser, 12 Ariz.App. at 261. “If that uncontroverted
evidence would entitle the movant to a judgment as a matter of law, then the trial court must grant
the summary judgment motion.” Id. However, if a moving party's summary judgment motion fails
to show an entitlement to judgment, by either omitting evidence of essential elements of its claim
or by providing evidence which supports conflicting inferences on a material issue, then there is
no basis for awarding summary judgment, even if a written response is not filed. United Bank of
Arizona v. Allyn, 167 Ariz. 191, 196-97 (App. 1990).
Here, the Court has examined Plaintiff’s uncontested filings, including the Cutler Affidavit
and the underlying documents, and finds that Plaintiff has established that there is no genuine
dispute as to any material fact and that Plaintiff is entitled to judgment as a matter of law as
requested in the Motion for Summary Judgment and pursuant to the Declaration of Covenants,
Conditions and Restrictions.
Accordingly,
IT IS ORDERED granting Plaintiff’s unopposed Motion for Summary Judgment against
Defendant James Albanese.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-006725
11/09/2018
Docket Code 019
Form V000A
Page 3
IT IS FURTHER ORDERED Plaintiff shall file its application for award of attorney’s
fees, affidavit in support thereof, and statement of costs, as well as lodge a proposed form of
Judgment, within 14 days of the filing date of this minute entry. Defendant shall file any objections
thereto within 14 days thereafter.
IT IS FURTHER ORDERED after attorney’s fees and costs are settled, Judgment shall
be entered pursuant to Rule 54(c) as no further matters remain pending.
