09/02/2025 — CV2025018759 40 ASSOCIATION INC, BRIDGEWOOD NORTH 09/02/2025 HONORABLE DAVID MCDOWELL View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/04/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2025-018759
09/02/2025
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID MCDOWELL
S. Motzer
Deputy
BRIDGEWOOD NORTH 40 ASSOCIATION
INC
CHARLENE A CRUZ
v.
JOHNSON DEVCO L L C, et al.
JOHNSON DEVCO L L C
4606 N 40TH ST
PHOENIX AZ 85018
CHURCHILL M R A FUNDING I, L L C
1415 VANTAGE PARK DR STE 700
CHARLOTTE NC 28203
JUDGE MCDOWELL
MINUTE ENTRY
Pending before the Court is Plaintiff's August 27, 2025 Motion for an Order Allowing Alternative
Service. The Motion does not indicate efforts have been made to contact Defendants by mail,
telephone, email, or social media to determine whether they would accept service or whether a
time and location could be arranged for service. Alternative service is authorized under Rule 4.1(k)
if the moving party shows that service under Rule 4.1(c) through (f) are impracticable. Plaintiff
has not demonstrated that.
Whether traditional service is “impractical,” defined as “extremely difficult or inconvenient” is a
fact specific inquiry. See Blair v. Burgener, 226 Ariz. 213 (App. 2010). Plaintiff has not
demonstrated that service is impractical in this case. Only a few attempts to serve Defendant were
made over a short period of time. While Plaintiff makes a conclusory statement that Defendant is
avoiding service, no fact set forth in the Motion support that claim. Plaintiff must demonstrate
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2025-018759
09/02/2025
Docket Code 019
Form V000A
Page 2
some efforts to reach Defendants by email, mail, telephone, or social media to determine whether
service will be accepted or whether a time can be arranged for service before the Court will
authorize alternative service.
IT IS ORDERED denying Plaintiff's August 27, 2025 Motion for an Order Allowing Alternative
Service.
12/30/2025 — CV2025018759 40 ASSOCIATION INC, BRIDGEWOOD NORTH 12/30/2025 HONORABLE DAVID MCDOWELL View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
12/31/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2025-018759
12/30/2025
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID MCDOWELL
K. Johanson
Deputy
BRIDGEWOOD NORTH 40 ASSOCIATION
INC
CHARLENE A CRUZ
v.
JOHNSON DEVCO L L C, et al.
JOHNSON DEVCO L L C
4606 N 40TH ST
PHOENIX AZ 85018
CHURCHILL M R A FUNDING I, L L C
1415 VANTAGE PARK DR STE 700
CHARLOTTE NC 28203
JUDGE MCDOWELL
DISMISSAL ORDER
The Court is in receipt of Plaintiff’s November 25, 2025 Notice of Dismissal. Pursuant to Rule
41(a)(1)(A)(i) Ariz.R.Civ.Proc.,
IT IS ORDERED dismissing this action without prejudice
IT IS ORDERED signing this minute entry as a formal order of this Court.
___________________________________________
HONORABLE DAVID MCDOWELL
JUDICIAL OFFICER OF THE SUPERIOR COURT
