05/23/2019 — LC2019000149 HOMEOWNERS ASSOCIATION, WILLOWCREEK VILLAGE 05/23/2019 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Filed ***
05/30/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
05/23/2019
Docket Code 522
Form L000
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena
Deputy
WILLOWCREEK VILLAGE HOMEOWNERS
ASSOCIATION
CHAD M GALLACHER
v.
YAMILE M BONILLA (001)
YAMILE M BONILLA
8850 W GROVERS AVE
PEORIA AZ 85382
ARROWHEAD JUSTICE COURT
JUDGE STARR
REMAND DESK-LCA-CCC
MINUTE ENTRY
Lower Court Case No. CC2018092726.
The Court has considered the Motion to Dismiss Defendant’s Appeal filed by Appellee
Willowcreek Homeowners Association. No response was filed.
Because no final, appealable judgment has been entered by the trial court, the notice of
appeal filed by Appellant Yamile M. Bonilla on April 26, 2019 was premature. See Rule 139(a),
Justice Court Rules of Civil Procedure. Once the trial court enters a final judgment that decides
all of the claims in the lawsuit, including any claims for attorneys’ fees, a notice of appeal may
be filed.
Accordingly,
IT IS ORDERED dismissing this matter without prejudice.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
05/23/2019
Docket Code 522
Form L000
Page 2
IT IS FURTHER ORDERED signing this minute entry as a formal order of the Court.
/s/ Patricia A. Starr
THE HON. PATRICIA A. STARR
JUDGE OF THE SUPERIOR COURT
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.
08/07/2019 — LC2019000149 COURT, ARROWHEAD JUSTICE 08/07/2019 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
08/08/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
08/07/2019
Docket Code 019
Form L000
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
T. DeRaddo
Deputy
WILLOWCREEK VILLAGE HOMEOWNERS
ASSOCIATION
CHAD M GALLACHER
v.
YAMILE M BONILLA (001)
ARROWHEAD JUSTICE COURT
YAMILE M BONILLA
8850 W GROVERS AVE
PEORIA AZ 85382
ARROWHEAD JUSTICE COURT
JUDGE GERLACH
REMAND DESK-LCA-CCC
MINUTE ENTRY/ REMAND
Lower Court Case No: CC2018092726
On the Court’s own motion,
IT IS ORDERED remanding this matter to the Arrowhead Justice Court for all further
appropriate proceedings.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
10/21/2019 — LC2019000149 HOMEOWNERS ASSOCIATION, WILLOWCREEK VILLAGE 10/21/2019 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/22/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
10/21/2019
Docket Code 504
Form L000
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Avena
Deputy
WILLOWCREEK VILLAGE HOMEOWNERS
ASSOCIATION
CHAD M GALLACHER
v.
YAMILE M BONILLA (001)
YAMILE M BONILLA
8850 W GROVERS AVE
PEORIA AZ 85382
ARROWHEAD JUSTICE COURT
JUDGE GERLACH
REMAND DESK-LCA-CCC
CIVIL
RECORD APPEAL ASSIGNMENT - ORAL ARGUMENT REQUESTED
Lower Court Case No. CC2018092726RC.
Memoranda having been filed in the above-mentioned appeal,
IT IS ORDERED assigning this appeal on October 21, 2019 to Hon. Douglas Gerlach for
determination of the appeal based upon the transcript of the proceedings and the parties’ memoranda,
pursuant to Local Rule 9.9, Maricopa County Superior Court Local Rules of Practice, within sixty
(60) days from this date.
Oral argument is requested and this matter is referred to Hon. Douglas Gerlach for
determination, pursuant to Rules of Procedure in Civil Cases.
IT IS ORDERED denying request for oral argument.
504.CIVIL.OAR
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.
10/23/2019 — LC2019000149 HOMEOWNERS ASSOCIATION, WILLOWCREEK VILLAGE 10/23/2019 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Filed ***
10/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
10/23/2019
Docket Code 512
Form L000
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Avena
Deputy
WILLOWCREEK VILLAGE HOMEOWNERS
ASSOCIATION
CHAD M GALLACHER
v.
YAMILE M BONILLA (001)
YAMILE M BONILLA
8850 W GROVERS AVE
PEORIA AZ 85382
ARROWHEAD JUSTICE COURT
JUDGE GERLACH
REMAND DESK-LCA-CCC
MINUTE ENTRY
Lower Court Case No. CC2018092726RC.
Yamile Bonilla has filed notices of appeal that refer to judgments entered against her by
the Arrowhead Justice Court in favor of Willowcreek Village Homeowners Association on
October 23, 2018, and June 14, 2019. The court has considered all relevant matters of record,
including the transcript of the trial held on October 23. For the reasons explained below, the court
has decided to affirm the 2018 judgment. The court has also decided to dismiss the appeal of what
has been represented as a 2019 judgment.
The 2018 Judgment.
Bonilla's appellate memorandum asserts that the judgment should be set aside solely
because the trial judge "did not take into consideration all the facts." Appellate courts, however,
do not conduct their own, independent evaluation of the evidence that was presented. E.g., City of
Glendale v. Bradshaw, 114 Ariz. 236, 238, 560 P.2d 420, 422 (1977); Castro v. Ballesteros-
Suarez, 222 Ariz. 48, 52, ¶11, 213 P.3d 197, 201 (App. 2009). It is for trial courts and not appellate
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
10/23/2019
Docket Code 512
Form L000
Page 2
courts to decide what testimony or other evidence is believable and what is not. In re Estate of
Zaritsky, 198 Ariz. 599, 601, ¶5, 12 P.3d 1203, 1205 (App. 2000) (recognizing that trial courts
must determine credibility issues); Gutierrez v. Gutierrez, 193 Ariz. 343, 347-48 ¶ 13, 972 P.2d
676, 680-81 (App. 1999) (stating that it is the function of trial courts to determine "witnesses'
credibility and the weight to give to conflicting evidence"); United Cal. Bank v. Prudential Ins.
Co. of Am., 140 Ariz. 238, 287, 681 P.2d 390, 439 (App. 1983) (stating that "[t]he weight to be
given conflicting evidence is for the trier of fact, not a reviewing court").
Appellate courts will affirm the decision of the trial court when it is supported by
"substantial evidence." E.g., Gaveck v. Arizona State Bd. of Podiatry Exam'rs, 222 Ariz. 433, 436,
¶¶11–12, 215 P.3d 1114, 1117 (App. 2009); Siegel v. Arizona State Liquor Bd., 167 Ariz. 400,
401, 807 P.2d 1136, 1137 (App. 1991). Evidence is substantial if it is sufficient to support a
conclusion "even if the record also supports a different conclusion." JHass Group L.L.C. v.
Arizona Dep't of Financial Inst., 238 Ariz. 377, 387, ¶37, 360 P.3d 1029, 1039 (App. 2015)
(citation omitted); Eastern Vanguard Forex, Ltd. v. Arizona Corp. Comm'n, 206 Ariz. 399, 409,
¶35, 79 P.3d 86, 96 (App. 2003) (stating that "[s]ubstantial evidence exists if either of two
inconsistent factual conclusions are supported by the record").
Here, the Association presented evidence of the amounts that it claimed were owed by
Bonilla. [Trial Tr. (10/23/18) at 30-35] The trial judge was permitted to accept that evidence as
true. Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 562, 880 P.2d 1103, 1108 (App. 1993)
(recognizing that it is up to the trier of fact to decide whether to accept all, only some, or none of
what any witness says). It is not for an appellate court to second-guess that decision. E.g., Zaritsky,
198 Ariz. at 601, ¶5, 12 P.3d at 1205; Gutierrez, 193 Ariz. at 347-48 ¶13, 972 P.2d at 680-81. As
such, there was substantial evidence sufficient to support the 2018 judgment.
The 2019 Matter.
Bonilla filed a Notice of Appeal on June 27, 2019, that refers to a final order or final
judgment entered against her in this case on June 14. No such order or judgment appears in the
record. Accordingly, dismissal of the appeal is warranted.
IT IS ORDERED:
1. The judgment of the Arrowhead Justice Court in Willowcreek Village Homeowners
Association v. Bonilla (case no. CC 2018-092726) that was entered on October 23, 2018, is
affirmed. The attempt to appeal a judgment purportedly entered by that court in that case on June
14, 2019, is dismissed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2019-000149-001 DT
10/23/2019
Docket Code 512
Form L000
Page 3
2. This case is remanded to the Arrowhead Justice Court for any further proceedings that
may be necessary.
3. No matters remain pending in connection with this appeal. This is a final order.
/ s / HONORABLE DOUGLAS GERLACH
HONORABLE DOUGLAS GERLACH
JUDGE OF THE SUPERIOR COURT
NOTICE: LC cases are not under the e-file system. As a result, when a party files a
document, the system does not generate a courtesy copy for the Judge. Therefore, you will have
to deliver to the Judge a conformed courtesy copy of any new filings.
