09/05/2018 — CV2018090922 BENTON, STELLA 09/05/2018 JUDGE DAVID J. PALMER View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
09/07/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/05/2018
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DAVID J. PALMER
I. Ostrander
Deputy
PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON
v.
STELLA BENTON
STELLA BENTON
13122 W WINDSOR AVE
GOODYEAR AZ 85395
JUDGE PALMER
ORAL ARGUMENT SET
The Court is in receipt of the following:
Plaintiff’s Motion for Summary Judgment against Defendant Stella Benton filed on
June 14, 2018;
Request to Deny Motion for Summary Judgment filed on June 14, 2018; and
Reply in Support of Plaintiff’s Motion for Summary Judgment filed on June 21, 2018.
Good cause appearing,
IT IS ORDERED setting Oral Argument on September 19, 2018, at 9:30 a.m. (30
minutes allotted) in this division.
Oral argument is limited to 30 minutes, with the time divided equally between the parties.
Counsel and the parties, if representing themselves, are to appear in person before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/05/2018
Docket Code 094
Form V000A
Page 2
THE HONORABLE DAVID J. PALMER
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 372.3980
The parties/attorneys are advised that failure to appear for the hearing may result in
sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil Procedure.
The proceeding will take place in the Superior Court’s e-courtroom. A record of the
proceedings will be made digitally in lieu of a court reporter. Should you want an unofficial copy
of the proceedings, the parties or counsel may request a videotape or CD of the proceedings for a
$30.00 charge. If a CD or videotape is requested, please obtain a form from the courtroom clerk
or from the Self-Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self-Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of hearings
or trial proceedings recorded previously, please call Electronic Records Services at (602)
506.7100. Should an official transcript be required, you may request that the court prepare it. The
party ordering the transcript must pay for it. To request a transcript, call (602) 506.7100 and
provide the date of the proceeding, the case number, the case caption, if the transcript is for an
appeal, and your name, address, and telephone number.
With this technology, a court reporter likely is not required and the parties are
encouraged to experience the court's video recording system before requesting 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.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court-requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
09/19/2018 — CV2018090922 BENTON, STELLA 09/19/2018 JUDGE DAVID J. PALMER View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
09/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/19/2018
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DAVID J. PALMER
I. Ostrander
Deputy
PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON
v.
STELLA BENTON
STELLA BENTON
13122 W WINDSOR AVE
GOODYEAR AZ 85395
JUDGE PALMER
ORAL ARGUMENT
_______________________________________________________
MATTER UNDER ADVISEMENT
Courtroom 206 SEF
9:30 a.m. This is the time set for oral argument regarding Plaintiff’s Motion for Summary
Judgment against Defendant Stella Benton filed on June 14, 2018. Plaintiff Palm Valley
Community Association is represented by counsel Samuel C. Richardson. Defendant Stella
Benton is present on her own behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
9:46 a.m. Hearing concludes.
09/26/2018 — CV2018090922 BENTON, STELLA 09/26/2018 JUDGE DAVID J. PALMER View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
10/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/26/2018
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DAVID J. PALMER
I. Ostrander
Deputy
PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON
v.
STELLA BENTON
STELLA BENTON
13122 W WINDSOR AVE
GOODYEAR AZ 85395
JUDGE PALMER
UNDER ADVISEMENT RULING
The Court convened oral argument on September 19, 2018, on the June 14, 2018, Motion
for Summary Judgment (with accompanying Statement of Facts) filed by the Plaintiff Palm Valley
Community Association (“Association”). Defendant Stella Benton filed a Request to Deny Motion
for Summary Judgment in response to the Motion, and the Plaintiff filed a Reply to Defendant’s
pleading, which this Court is treating as a Response.
The Plaintiff was represented by attorney Samuel Richardson. Defendant was self-
represented. At the conclusion of the hearing, the Court took the issue under advisement.
In their Complaint and in their Motion for Summary Judgment, the Association alleges that
Ms. Benton owned a home in the Palm Valley Community that is subject to the duly recorded
Covenants, Conditions, and Restrictions (“CC&Rs”) that pertain to that development. Pursuant to
the provisions in the CC&Rs, the Defendant was obligated to pay monthly fees assessed by the
Association. She became delinquent in those obligations to a significant degree, and the
Association filed a Complaint seeking foreclosure on their contractual lien rights that they hold
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/26/2018
Docket Code 926
Form V000A
Page 2
pursuant to the CC&Rs, as well as their statutory lien rights held pursuant to applicable Arizona
statutory provisions.
The principal balance at the time of the filing of the Complaint on May 3 2018, was
$4,622.64, which included unpaid assessments, plus interest, and other late charges and other fees
imposed due to the Defendant’s failure to keep current on her obligations.
In her Response, Defendant alleges that she made a significant payment of $4,095.50 on
May 31, 2018, which was pointed out by the Association as four months late and as less than the
full amount owed.
“Summary judgment is appropriate only if no genuine issues of material fact exist and the
moving party is entitled to Judgment as a matter of law.” Johnson v. Earnhardt’s Gilbert Dodge,
Inc., 212 Ariz. 381, 385, 132 P.3d 825, 829 (2006) (quoting Wells Fargo Bank v. Ariz. Laborers,
Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 482, 38 P. 3d12,
20 (2002)). Thus a motion for summary judgment should only “be granted if the facts produced
in support of the claim or defense have so little probative value, given the quantum of evidence
required, that reasonable people could not agree with the conclusion advanced by the proponent
of the clam or defense.” Orme Sch. v. Reeves, 166 Ariz. 301, 309, 802 P.2d 1000, 1008 (1990).
The facts must be viewed in a light most favorable to the party against whom it was directed and .
. . [summary judgment is inappropriate if there is any doubt as to whether an issue of material fact
exists.” Joseph v. Markovitz, 27 Ariz. App. 122, 125, 551 P2d 571, 574 (1976).
In their Complaint and their Motion for Summary Judgment, the Association has firmly
established that the Defendant, Ms. Benton, has an ongoing binding and absolute legal obligation
to make timely payments of assessments as a property owner in the Palm Valley Community.
Failure to make those payments carries with it very strict penalties, including, but not limited to,
late fees, fines, and other financial sanctions, up to and including foreclosure by the Association
on the property in order to collect on Defendant’s unpaid financial obligations.
The Plaintiff has further established convincingly that Ms. Benton has failed to remain
current on her assessments.
Unfortunately, the Defendant’s own written Response, as well as her oral argument, fails
to state any factual or legal defense to the Plaintiff’s Complaint or to its summary judgment motion.
Based upon the Court’s review of the relevant documents and pleadings in this matter and
having considered the oral arguments made,
THE COURT FINDS that there are no genuine issues of material fact.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-090922
09/26/2018
Docket Code 926
Form V000A
Page 3
THE COURT FURTHER FINDS that the Association is entitled to judgment as a matter
of law under the established facts.
Therefore,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment in the amount of
$4,622.64, less payment made since the inception of this matter in amount of $4,095.50, plus any
subsequently incurred assessments, late charges, or fees incurred since the filing of the complaint
to the date of judgment.
IT IS FURTHER ORDERED directing Plaintiff to lodge with the Court by no later than
October 12, 2018, a proposed form of judgment consistent with the orders and findings made
herein, with Defendant having the opportunity to file any objections to such form of judgment on
a timely basis.
IT IS FURTHER ORDERED that Plaintiff is entitled to collect any attorney’s fees
reasonably incurred in its attempts to collect past due amounts owed by the Defendant. Plaintiff
may submit an Application for Attorney’s Fees upon entry of Judgment.
