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Maricopa County Superior Court Case CV2022-005372

Case Header

Maricopa County Superior Court Case CV2022-005372: public docket details, parties, minute entries, documents, and official source links for Southern One Homeowners Association Inc.

Case Number
CV2022-005372
County
Maricopa
Caption
Not captured
Filed
4/28/2022
Case Type
Civil
Judge
Minder, Scott
Location
Downtown
Official Court Record
Official Court Record

Parties

Party Relationship Attorney
City Of Mesa Plaintiff James Braselton
David Chacon Defendant Douglas Martin
Discover Bank Defendant Pro Per
Estrella Village Manor Homeowners Association I N C Defendant Pro Per
I R S Advisory Group Defendant Pro Per
Lauro Q Chacon Defendant Douglas Martin
Maricopa County Defendant Davina Bressler
Mario Chacon Defendant Douglas Martin
Mountain States Telephone And Telegraph Company Defendant GREGORY FALLS
Qwest Corporation Defendant GREGORY FALLS
Rodolfo Chacon Defendant Douglas Martin
Southern One Homeowners Association Inc Defendant Pro Per

Minute Entries

01/30/2023 — CV2022005372 CHACON, DAVID 01/30/2023 HONORABLE KATHERINE COOPER View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

01/31/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

01/30/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KATHERINE COOPER
C. Ladden

Deputy

CITY OF MESA
JAMES T BRASELTON

v.

DAVID CHACON, et al.
DOUGLAS G MARTIN

DAVINA DANA BRESSLER
GREGORY W FALLS
COMM. CRONIN
JUDGE COOPER

DEFAULT REFERRAL

The Court has received Plaintiff’s e-filed Applications/Motions for Default filed January
25, 2023 against Defendant(s) Discover Bank and Southern One Homeowner’s Association,
Inc. 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
Mary Cronin.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

01/30/2023

Docket Code 023
Form V000A
Page 2

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,
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 regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/.

02/02/2023 — CV2022005372 CHACON, DAVID 02/02/2023 HONORABLE KATHERINE COOPER View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

02/03/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

02/02/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KATHERINE COOPER
C. Ladden

Deputy

CITY OF MESA
JAMES T BRASELTON

v.

DAVID CHACON, et al.
DOUGLAS G MARTIN

DAVINA DANA BRESSLER
GREGORY W FALLS
COMM. CRONIN
JUDGE COOPER

MINUTE ENTRY

The Court has received Plaintiff’s e-filed Application/Motion for Default filed January
30, 2023 against Defendant(s) IRS Advisory Group 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
Mary Cronin.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

02/02/2023

Docket Code 023
Form V000A
Page 2

Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
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 regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/.

05/06/2022 — CV2022005372 CHACON, DAVID 05/06/2022 HONORABLE KATHERINE COOPER View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

05/09/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

05/06/2022

Docket Code 087
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KATHERINE COOPER
C. Ladden

Deputy

CITY OF MESA
JAMES T BRASELTON

v.

DAVID CHACON, et al.

JUDGE COOPER

ORDER TO SHOW CAUSE ISSUED RE: IMMEDIATE POSSESSION

The Court has received Plaintiff’s Application for an Order of Immediate Possession filed
May 3, 2022.

IT IS ORDERED that Defendants David Chacon; Lauro Q. Chacon; Mario Chacon;
Rodolfo Chacon; Mountain States Telephone and Telegraph Company; Qwest
Corporation; Estrella Village Manor Homeowners Association, Inc.; Discover Bank and
IRS Advisory Group are directed to appear on May 27, 2022 at 9:00 a.m. (time allotted: 30
minutes) to show cause why, if any, the Application to be let into immediate possession of the
real property for the purposes described in Plaintiff’s Complaint, should not be granted. All
counsel and self-represented parties shall appear in-person or via Court Connect before:

The Honorable Katherine Cooper
Maricopa County Superior Court
East Court Building
101 W. Jefferson
7th Floor, Courtroom 711
Phoenix, AZ 85003
Phone: 602-506-8311

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

05/06/2022

Docket Code 087
Form V000A
Page 2

Court Connect is the Superior Court in Maricopa County’s new video court hearing
platform. For more information about Court Connect, please visit:
https://superiorcourt.maricopa.gov/court-connect.

Join on your computer or mobile app
Click here to join the meeting

Or call in (audio only)
+1 917-781-4590,,860084431# United States, New York City
Phone Conference ID: 860 084 431#

All persons are strongly urged to appear by video instead of audio alone. For questions,
please call Judge Cooper’s division at 602.506.8311, or email Judicial Assistant Jennifer Madrid
at [email protected].

IT IS FURTHER ORDERED that Plaintiff shall serve this minute entry, along with the
Summons, Complaint, and Application for Immediate Possession, no later than 5:00 p.m. on
May 20, 2022.

WARNING: Failure to appear on the date and time indicated above may result in
the Court summarily granting the injunctive relief being requested by the Plaintiff.

/ s / KATHERINE COOPER

JUDGE OF THE SUPERIOR COURT

NOTE: If/when a party files a pleading within 5 days or less of a scheduled event, the
party should also e-mail same to this division’s Judicial Assistant Jennifer Madrid at
[email protected].

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.

05/27/2022 — CV2022005372 CHACON, DAVID 05/27/2022 HONORABLE KATHERINE COOPER View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

06/01/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

05/27/2022

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KATHERINE COOPER
C. Ladden

Deputy

CITY OF MESA
JAMES T BRASELTON

v.

DAVID CHACON, et al.

JUDGE COOPER

ORDER TO SHOW CAUSE HEARING HELD/ORDER FOR IMMEDIATE POSSESSION
SIGNED

East Court Building – Courtroom 711

9:01 a.m. This is the time set for an Order to Show Cause Hearing on Plaintiff’s
Application for an Order of Immediate Possession filed May 3, 2022. Plaintiff is represented by
counsel, James T. Braselton. Also present on behalf of Plaintiff is Real Estate Appraiser, Michael
Turner. Defendant David Chacon is neither present nor represented. Defendant Laura Q. Chacon
is neither present nor represented. Defendant Mario Chacon is neither present nor represented.
Defendant Rodolfo Chacon is neither present nor represented. Defendant Mountain States
Telephone and Telegraph Company is not represented. Defendant Qwest Corporation is not
represented. Defendant Estrella Village Manor Homeowners Association I NC is not
represented. Defendant Discover Bank is not represented. Defendant IRS Advisory Group is not
represented. All parties appear via Court Connect.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding if Defendants have been served. Plaintiff’s counsel states
that the Chacon Defendants were served by the May 20, 2022 deadline in the Order to Show

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

05/27/2022

Docket Code 005
Form V000A
Page 2

Cause minute entry. Counsel further states that the other parties who do not have interest were
served on or before May 20, 2022. Counsel spoke with another attorney, Doug Martin, who has
represented the Chacon Defendants in other matters, but has not filed a notice of appearance in
this matter. Mr. Martin has communicated with the Chacon Defendants and proposed a
settlement on their behalf and has no objection to immediate possession.

Discussion is held regarding immediate possession. Counsel has lodged a proposed order
for immediate possession.

Plaintiff’s counsel avows to the Court the compensation amount to take immediate
possession of the property at issue. The amount of the bond that was established based on Mr.
Turner’s appraisal is $14,527.00 for the 4-property interests involved in this matter.

Based on the foregoing,

The Court finds that the City of Mesa’s taking of the property is for public use, that
immediate possession is necessary, and that they requirements have been met for immediate
possession. Therefore,

IT IS ORDERED granting the Application for Immediate Possession all in accordance
with the formal written Order of Immediate Possession signed by the Court on May 27, 2022 and
filed (entered) by the Clerk on May 27, 2022.

Please note: The court has signed a paper copy of the order which was originally
provided electronically. After the order has been scanned and docketed by the Clerk of Court,
copies of this order will be available through the ECR online at www.clerkofcourt.maricopa.gov
or through the Public Access Terminals at the Clerk of Court’s offices located throughout
Maricopa County.

Mr. Turner avows to the Court and confirms that the bond amount is correct and accurate.

9:10 a.m. Matter concludes.

07/06/2023 — CV2022005372 CHACON, DAVID 07/06/2023 HONORABLE KATHERINE COOPER View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

07/07/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-005372

07/06/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KATHERINE COOPER
S. Ortega

Deputy

CITY OF MESA
JAMES T BRASELTON

v.

DAVID CHACON, et al.
DOUGLAS G MARTIN

DAVINA DANA BRESSLER
GREGORY W FALLS
JUDGE COOPER

FINAL ORDER OF CONDEMNATION

The Court has received Plaintiff’s Notice of Satisfaction of Judgment and Stipulation for
Entry of Final Order of Condemnation filed May 26, 2023.

IT IS ORDERED granting, approving and settling formal written Final Order of
Condemnation signed by the Court on July 6, 2023 and filed (entered) by the Clerk on July 6,
2023.

Please note: The court has signed a paper copy of the order which was originally
provided electronically. After the order has been scanned and docketed by the Clerk of Court,
copies of this order will be available through the ECR online at www.clerkofcourt.maricopa.gov
or through the Public Access Terminals at the Clerk of Court’s offices located throughout
Maricopa County.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2022005372 CHACON, DAVID 01/30/2023 HONORABLE KATHERINE COOPER View Minute Entry application/pdf 204.6 KB Document Source
minute_entry_pdf CV2022005372 CHACON, DAVID 02/02/2023 HONORABLE KATHERINE COOPER View Minute Entry application/pdf 120.8 KB Document Source
minute_entry_pdf CV2022005372 CHACON, DAVID 05/06/2022 HONORABLE KATHERINE COOPER View Minute Entry application/pdf 126.0 KB Document Source
minute_entry_pdf CV2022005372 CHACON, DAVID 05/27/2022 HONORABLE KATHERINE COOPER View Minute Entry application/pdf 123.2 KB Document Source
minute_entry_pdf CV2022005372 CHACON, DAVID 07/06/2023 HONORABLE KATHERINE COOPER View Minute Entry application/pdf 115.9 KB Document Source

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