01/09/2024 — CV2023092817 MORRIS, CAMILLE Y 01/09/2024 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/11/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
01/09/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
JUDGE COFFEY
MINUTE ENTRY
The Court has considered Plaintiff’s Motion for Reconsideration.
IT IS ORDERED denying Plaintiff’s Motion for Reconsideration.
02/26/2024 — CV2023092817 MORRIS, CAMILLE Y 02/26/2024 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/27/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
02/26/2024
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
JUDGE COFFEY
JUDGMENT SIGNED
MINUTE ENTRY
IT IS ORDERED approving and settling the formal written judgment signed by the Court
on February 22, 2024 and filed [entered] by the clerk on February 26, 2024.
Please note: The Court has signed a paper copy of the judgment. After the judgment has
been scanned and docketed by the Clerk of Court, a copy of the judgment will be available online
through the ECR at www.clerkofcourt.maricopa.gov, through www.AZTurboCourt.gov, and from
the public access terminals at the Clerk of Court’s offices located throughout Maricopa County.
05/10/2024 — CV2023092817 MORRIS, CAMILLE Y 05/10/2024 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/13/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
05/10/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
JUDGE COFFEY
MINUTE ENTRY
The Court has reviewed Plaintiff’s Application for Amount of Attorney Fees Incurred Post-
Judgment. From the Court’s perspective, because the Judgment included Rule 54(c) language, the
entire case was resolved when that Judgment was entered. Judgments that include Rule 54(c)
language end the entire action unless the Court expressly maintains jurisdiction to address issues
that may come up after the final judgment is entered. The Court is not aware of any language in
the underlying Judgment or and applicable statutes that entitle Plaintiff to an award of post-
judgment fees. If Plaintiff believes that such legal authorities exist, it may file a motion for
reconsideration in which it provides the Court with citations to such authorities.
IT IS ORDERED denying Plaintiff’s Application for Amount of Attorney Fees Incurred
Post-Judgment.
07/25/2023 — CV2023092817 MORRIS, CAMILLE Y 07/25/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/26/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
07/25/2023
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
DOCKET CV TX
JUDGE COFFEY
JUDGMENT SIGNED
MINUTE ENTRY
IT IS ORDERED approving and settling the formal written judgment signed by the Court
on July 19, 2023 and filed [entered] by the clerk on July 25, 2023.
Please note: The Court has signed a paper copy of the judgment. After the judgment has
been scanned and docketed by the Clerk of Court, a copy of the judgment will be available online
through the ECR at www.clerkofcourt.maricopa.gov, through www.AZTurboCourt.gov, and from
the public access terminals at the Clerk of Court’s offices located throughout Maricopa County.
08/11/2023 — CV2023092817 MORRIS, CAMILLE Y 08/11/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/14/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
08/11/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
COMM. KAISER
JUDGE COFFEY
ORDER ENTERED BY THE COURT
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) Camille Y. Morris; Capital One Bank (USA), N.A. 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 Brian
Kaiser.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
08/11/2023
Docket Code 023
Form V000A
Page 2
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,
Application for Attorneys’ Fees, when appropriate, and Statement of Costs, but shall submit in
paper the default judgment packet required by the Court, including the documents identified on
the default judgment packet coversheet, 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.
12/07/2023 — CV2023092817 MORRIS, CAMILLE Y 12/07/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/08/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
12/07/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
V. Felix
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
JUDGE COFFEY
MINUTE ENTRY
The Court has reviewed Defendant’s Motion for a continuance to gather evidence and put
in place payment plan. No response was filed and the deadline for filing a response has expired.
It is unclear to the Court what exactly Defendant seeks a continuance for. No hearings are
currently scheduled and it appears that Defendant has filed a response to Plaintiff’s Motion for
Summary Judgment. Given that the Court does not know what Defendant wants to continue,
IT IS ORDERED denying Defendant’s Motion for a continuance to gather evidence and
put in place payment plan.
12/12/2023 — CV2023092817 MORRIS, CAMILLE Y 12/12/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/13/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
12/12/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
CHAD M GALLACHER
v.
CAMILLE Y MORRIS, et al.
CAMILLE Y MORRIS
2455 E BROADWAY RD UNIT 69
MESA AZ 85204
CAPITAL ONE BANK U S A, N A
100 SHOCKOE SLIP FL 2
RICHMOND VA 23219
NEILENDRA SINGH
JUDGE COFFEY
MINUTE ENTRY
The Court has considered Plaintiff’s Motion for Summary Judgment and the accompanying
Statement of Facts; Defendants’ Response to that Motion and Plaintiff’s Reply in support of its
Motion.
Motions for summary judgment “should 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 claim or
defense.” Orme School v. Reeves, 166 Ariz. 301, 309 (1990). When considering a motion for
summary judgment, all evidence of the non-moving party is to be believed, and all justifiable
inferences are to be drawn in the non-movant’s favor. Id. at 309-10. Summary judgment should
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
12/12/2023
Docket Code 023
Form V000A
Page 2
not be used as a substitute for a trial simply because the Court may believe the moving party will
probably prevail or that the moving party should prevail at trial. Id.
The party moving for summary judgment must produce evidence that it believes
demonstrates the absence of a genuine issue of material fact and must explain why summary
judgment is warranted. Nat'l Bank of Ariz. v. Thruston, 218 Ariz. 112, 115 (App. 2008). If the
non-moving party has the burden of proof of the claim or defense at trial, the moving party need
not disprove the nonmoving party's claim or defense, but need only point out the lack of evidence
on an essential element of the claim or defense. Id. at 117. If the moving party meets its burden,
the burden shifts to the nonmoving party to present sufficient evidence demonstrating the existence
of a disputed fact. Id. at 119. The nonmoving party cannot then rest on its pleadings, but must call
to the Court's attention evidence to explain why the motion should be denied. Id. The opponents
of a motion for summary judgment do not raise a genuine issue of fact by merely stating in the
record that such an issue exists. Rather, they must show that competent evidence is available which
will justify a trial on the issue. Flowers v. K-Mart Corp., 126 Ariz. 495, 499 (App. 1980). “If the
party with the burden of proof on the claim or defense cannot respond to the motion by showing
that there is evidence creating a genuine issue of fact on the element in question, then the motion
for summary judgment should be granted.” Orme School at 310.
Based upon the parties’ filings, there are no genuine issues of material fact on the issue of
Plaintiff having breached the relevant contract between the parties by failing to pay monthly
assessments and late fees that have accrued. However, the attachments to the Motion are
inconsistent and include requests that the Court will not grant. For example, in Paragraph 13 of
Exhibit A, Shelly Phan states, under oath, “[t]he amount due and owing as of the day of the filing
of the Complaint was $14,969.79. This amount is accurately reflected on the Account Summary
attached as Exhibit D.” Exhibit D shows $9,740.00 due and owing through June 1, 2023. Then,
without any explanation through sworn testimony, Plaintiff attached Exhibit E, which shows the
$9,740.00 but then adds an additional $1,350.00 in monthly assessments that purportedly accrued
between July and December 2023. Notably, the Motion to which that document was attached was
filed in September 2023, so there was no basis to contend that Defendant owed assessments for
October through December when the Motion was filed. So, in addition to Exhibits A and D being
inconsistent, Exhibit E included assessments that had not even come due when that Motion was
filed.
Plaintiff then seeks to add $2,663.01 for attorneys’ fees that it was already awarded in a
separate lawsuit. The Court is not going to award that amount to Plaintiff again in a new
judgment. Plaintiff purportedly already has a judgment for that amount, and it is not entitled to
have that awarded to it again in another judgment. Plaintiff then presumptuously claims
entitlement to an additional $1,221.78 in attorneys’ fees incurred before this action was
filed. Plaintiff’s request for damages appears to be quite overreaching. For all of those reasons,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092817
12/12/2023
Docket Code 023
Form V000A
Page 3
IT IS ORDERED granting in part Plaintiff’s Motion for Summary Judgment, solely on
the issue of Plaintiff having breached the relevant contract.
IT IS FURTHER ORDERED denying in part Plaintiff’s Motion for Summary Judgment
with regard to the amount of damages that Plaintiff has requested. Based upon the filings the Court
has considered, the Court is willing to enter a judgment against Defendant in the amount of
$9,740.00 only.
