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Maricopa County Superior Court Case CV2021-009865

Case Header

Maricopa County Superior Court Case CV2021-009865: public docket details, parties, minute entries, documents, and official source links for Sanalina Homeowners Association.

Case Number
CV2021-009865
County
Maricopa
Caption
Not captured
Filed
6/17/2021
Case Type
Civil
Judge
Blaney, Scott
Location
Downtown
Official Court Record
Official Court Record

Parties

No parties captured.

Minute Entries

03/04/2022 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 03/04/2022 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

03/07/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

03/04/2022

Docket Code 047
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
JUDGE MAHONEY

JUDGMENT OF DISMISSAL WITHOUT PREJUDICE

This case was on the Dismissal Calendar for dismissal on 2/8/22 unless a Stipulated
Judgment or a Stipulation for Dismissal, along with a proposed form of Order, was submitted to
the Court before that date or the Court otherwise extended the deadline for good cause shown. The
date has passed and the action has not been taken.

Accordingly,
IT IS ORDERED dismissing this case without prejudice.

/S/ HONORABLE MARGARET R. MAHONEY
_____________________________________
HONORABLE MARGARET R. MAHONEY
JUDGE OF THE SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

03/04/2022

Docket Code 047
Form V000A
Page 2

* * * *

IT IS FURTHER ORDERED that when the Court so directs expressly, or when a filing
is time-sensitive, the parties shall also email it contemporaneously to all parties and Court staff,
when eFiling the document due to the processing time in the Clerk’s Office for all e-filed
documents.

Email addresses for Court staff are as follows:
JA, Jennifer “JJ” Sommerville, [email protected]
Courtroom Assistant/Bailiff, Allison Gonzalez, [email protected]

IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

03/04/2022

Docket Code 047
Form V000A
Page 3

paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, email, mail or deliver a copy directly
to this Division (that is, to the Judge, using her specific courtroom address), and email, mail or
deliver a copy to all opposing parties. In addition, on each document, you must include a signed
certificate that says whether you mailed or hand-delivered each copy, when you did so, and states
the specific people and the specific addresses to which you emailed, mailed or hand-delivered each
copy. If a party is represented by a lawyer, you must send or deliver the copy to the lawyer, not
to the party. All proposed Orders submitted to this Division in hard copy form must include copies
of the Order with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current mailing address, email address and telephone number. If your mailing address, email
address or phone number changes at any time, you must file a notice of change of address/phone
number with the Clerk of Court. That form (general form – GN91f – Update Information on
Address and/or Name with the Court) can be downloaded at no charge from the following website:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

03/04/2022

Docket Code 047
Form V000A
Page 4

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

06/24/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 06/24/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

06/28/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

06/24/2021

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.

JUDGE MAHONEY

ORDER ENTERED BY COURT and MATTER PLACED ON DISMISSAL CALENDAR

The Court has reviewed Plaintiff’s (1) Verified Complaint, filed 6/17/21; (2) Request For
Preliminary And Permanent Injunction, filed 6/18/21; and (3) Request For Scheduled Hearing Re:
Order To Show Cause, filed 6/18/21.

IT IS ORDERED rejecting Plaintiff’s Verified Complaint and denying Plaintiff’s Request
For Preliminary And Permanent Injunction and Plaintiff’s Request For Scheduled Hearing Re:
Order To Show Cause as: (1) the Complaint does not include a Verification; and (2) the Complaint
does not provide any of the Exhibits “A” through “G” referenced in the Complaint and in the
Request for Injunctions. In addition, Plaintiff requests an OSC hearing be set yet fails to provide a
form of Order to Show Cause for the Court to sign.

This Order is without prejudice to Plaintiff filing Amended wholly self-contained
pleadings which correct in all respects Plaintiff’s inadequate filings.

IT IS FURTHER ORDERED placing this case on the dismissal calendar for dismissal
without prejudice unless said amended filings have been filed within 15 calendar days of the date
of filing on this Minute Entry.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

06/24/2021

Docket Code 375
Form V000A
Page 2

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

ALERT: Due to the spread of COVID-19, the Arizona Supreme Court Administrative
Order 2020-79 requires all individuals entering a Court facility to wear a mask or face covering at
all times while they are in the Court facility. With limited exceptions, the Court will not provide
masks or face coverings. Therefore, any individual attempting to enter the Court facility must have
an appropriate mask or face covering to be allowed entry to the Court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the Court facility or
asked to leave. In addition, all individuals entering a Court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the Court facility.

08/11/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/11/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

08/20/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
JUDGE MAHONEY

STATUS CONFERENCE SET

East Court Building – Courtroom 411

10:39 a.m. This is the time set for virtual Order To Show Cause Return Hearing regarding
Plaintiff’s Request For Preliminary And Permanent Injunctions, filed 6/18/21. Plaintiff Sanalina
Homeowners Association (“HOA”) is represented by Counsel Kaylee Ivy. Defendant Truman
Dawn is present on his own behalf. Defendant Jennifer Dawn is not present or represented.
Appearances are virtual and/or telephonic via Court Connect/Microsoft Teams, except as noted
below.

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

LET THE RECORD REFLECT Truman Dawn appears in person at the Courthouse and
is joined to the proceeding telephonically from this Division’s Jury Room.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 2

Mr. Dawn confirms he is representing himself today. Mr. Dawn also confirms that Jennifer
Dawn is his wife and was not able to appear today due to the demands of her employment as a
school teacher.

The Court explains to Mr. Dawn that he is not required to have a lawyer and is not
prohibited from representing himself, but that a self-represented person cannot represent another
so he cannot represent his wife at these proceedings. The Court confirms with Mr. Dawn that he
is not a licensed attorney and informs him that the law requires the Court to hold all persons
representing themselves to the same standard as a licensed attorney. The Court encourages Mr.
Dawn to read and become familiar with the Arizona Rules of Civil Procedure and Evidence. The
Court and Court staff are unable to assist or provide legal advice to him or his wife.

The Court counsels Mr. Dawn that he should not feel uncomfortable or concerned speaking
or dealing directly with the attorney for the HOA. Court Rules require the parties to meet and
confer in preparing certain filings.

The Court has reviewed Plaintiff’s Verified Complaint, filed 6/17/21, and Plaintiff’s
Request For Preliminary And Permanent Injunction, filed 6/18/21.

Certificates Of Service, filed 6/21/21, indicate service was made timely upon Truman
Dawn and Jennifer Dawn on 7/17/21.

The Court advises Mr. Dawn he was not required to appear in person today, and he could
have appeared telephonically.

Plaintiff informs the Court that Defendants’ Answer was due 8/6/21 but not yet filed. An
Application and Affidavit For Entry Of Default were filed 8/11/21. Plaintiff’s counsel advises that
Defendants’ default period to answer will expire 8/25/21.

Plaintiff requests a consolidated hearing and trial on the merits in 120 days if Defendants
do not file an Answer timely.

The Court informs the parties that Judges do not handle defaults. This matter will be
assigned to Commissioner Richard Albrecht for default proceedings.

The Court urges Mr. Dawn to stay in touch with Ms. Ivy in an attempt to reach a resolution.

At the Court’s request, Mr. Dawn provides on the record all contact information for both
Defendants as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 3

Truman Dawn and Jennifer Dawn
15139 W. Ventura St.
Surprise, AZ 85379
Home phone: (623) 433-8723
Truman Dawn’s cell: (562) 553-2017
Jennifer Dawn’s cell: (562) 652-7937
Email for Truman and Jennifer Dawn: [email protected]

The Court instructs Mr. Dawn that he must keep the Court and other parties/counsel
updated regarding Defendants’ current mailing address, email address and telephone numbers. If
his or his wife’s mailing address, email address or phone number changes at any time, Defendants
must immediately inform the Court and opposing counsel. The Minute Entry from today’s hearing
will contain some helpful information to self-represented litigants and includes a link to a form to
update contact information.

Discussion is held regarding the prudence and practicality of Plaintiff’s request to set a
consolidated hearing and trial on the merits in 120 days, as discovery, disclosure, briefing on any
dispositive motions and subsequent oral argument cannot be accomplished within 120 days.

The Court explains to Defendant the nature of injunctions and the process of consolidating
trial on the merits with an injunction hearing.

Discussion is held regarding Defendants conferring with Plaintiff’s counsel. Attorney Ivy
provides her contact information on the record as follows:

(480) 427-2898
[email protected]

The Court will provide the parties an opportunity to confer and for Defendants to file an
Answer if they choose to do so.

Accordingly,
IT IS ORDERED setting a virtual Status Conference on 8/27/21 at 10:30 a.m. (time
allotted: 15 minutes) in this Division.

IT IS FURTHER ORDERED no later than 8/25/21 at 10:00 a.m. the parties will email
Court staff a joint update on the status of the parties’ negotiations and all proposed deadlines
needed.

Email addresses for Court staff:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 4

JA, Jennifer “JJ” Sommerville, [email protected]
and
Courtroom Assistant/Bailiff, Allison Gonzalez, [email protected]

IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.

PLEASE NOTE: The proceeding set above will be held via Court Connect (the Court’s
video-conference/virtual hearing platform). An auto-generated email will or has been sent to
counsel of record and any parties representing themselves who have a valid email address on file
in this matter with information for joining the proceeding virtually. If for some reason you did not
receive the email, you may join the proceeding using the following link: Tiny URL:
https://www.tinyurl.com/jbazmc-cvj09, or you may appear via telephone by calling 1-917-781-
4590, conference ID# 867 494 109#. For further information regarding Court Connect, please visit:
https://superiorcourt.maricopa.gov/court-connect/

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.

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 5

County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, email, mail or deliver a copy directly
to this Division (that is, to the Judge, using her specific courtroom address), and email, mail or
deliver a copy to all opposing parties. In addition, on each document, you must include a signed
certificate that says whether you mailed or hand-delivered each copy, when you did so, and states
the specific people and the specific addresses to which you emailed, mailed or hand-delivered each
copy. If a party is represented by a lawyer, you must send or deliver the copy to the lawyer, not
to the party. All proposed Orders submitted to this Division in hard copy form must include copies
of the Order with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/11/2021

Docket Code 028
Form V000A
Page 6

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current mailing address, email address and telephone number. If your mailing address, email
address or phone number changes at any time, you must file a notice of change of address/phone
number with the Clerk of Court. That form (general form – GN91f – Update Information on
Address and/or Name with the Court) can be downloaded at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

08/17/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/17/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

08/18/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/17/2021

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
COMM. RICHARD ALBRECHT
JUDGE MAHONEY

ORDER ENTERED BY COURT

This Court has received Plaintiff’s e-filed Application For Entry Of Default, filed 8/11/21,
as to Defendants Truman Dawn and Jennifer Dawn 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
Richard Albrecht.

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 2021-009865

08/17/2021

Docket Code 023
Form V000A
Page 2

Pursuant to the Maricopa County e-Filing 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 in the form of frequently asked
questions at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp

The parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

08/27/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/27/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

09/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/27/2021

Docket Code 085
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
COMM. RICHARD ALBRECHT
JUDGE MAHONEY

STATUS CONFERENCE

East Court Building – Courtroom 411

10:34 a.m. This is the time set for virtual Status Conference regarding Plaintiff’s Request
For Preliminary And Permanent Injunctions, filed 6/18/21. Plaintiff Sanalina Homeowners
Association (“HOA”) is represented by Counsel Kaylee Ivy. Defendants Truman Dawn and
Jennifer Dawn are present on their own behalf. All appearances are virtual and/or telephonic via
Court Connect/Microsoft Teams.

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

Truman Dawn and Jennifer Dawn confirm that they are self-represented today and the
contact information contained in the Court’s Minute Entry of 8/11/21 remains current and correct.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/27/2021

Docket Code 085
Form V000A
Page 2

Mr. Dawn provides a secondary, although not preferred, email address for himself and Jennifer
Truman: [email protected]. The email address of [email protected] is Defendants’
preferred email.

Defendants have filed what appears to be an Answer, in letter format, with attached
exhibits. Defendants state this document is intended to be their formal Answer, which may moot
the default proceedings pending before Commissioner Richard Albrecht. The Court defers to the
Commissioner to determine same.

The Court has reviewed the following:
1. Defendants’ Answer in letter format, filed 8/18/21; and
2. Email sent 8/25/21 at 9:59 a.m. by Plaintiff’s counsel to Court staff.

It is the Court’s understanding that the parties have made significant process toward
settlement. The parties agree that the issue of oil stains in the driveway has been resolved. Plaintiff
advises Defendants that the color of the rock in Defendants’ front yard remains an issue with the
HOA. Additionally, the boat in view of neighboring properties also remains a violation. The
parties discuss steps being taken to resolve the rock issue. The HOA’s Covenants, Conditions and
Restrictions are discussed.

The parties will continue their discussion following this hearing. The Court encourages
the parties to continue to talk with one another to try to resolve the remaining unresolved issues in
order to maintain good working relations going forward.

The Court poses questions to Ms. Ivy as to the HOA’s current position. Ms. Ivy indicates
that although Plaintiff wants to continue to work with Defendants, Plaintiff moves the Court to set
a preliminary injunction hearing combined with trial on the merits sometime in January 2022. If
the parties settle their disputes, Plaintiff will move to vacate the trial.

The Court discusses the difficulty of predicting a realistic date to set an evidentiary
hearing/trial on the merits given the open question of whether any dispositive motions will be filed
and need to be resolved before said trial. The Court finds January is too early. The Court explains
briefing schedules on dipositive motions and provides an overview of the Court’s current calendar.

For the reasons stated on the record,

IT IS ORDERED that the parties meet and confer on a Joint Report and proposed
Scheduling Order, setting out specific proposed deadlines, and file same no later than 5:00 p.m.
on 9/3/21, concurrently emailing copies to Court staff.

11:03 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/27/2021

Docket Code 085
Form V000A
Page 3

Email addresses for Court staff:
JA, Jennifer “JJ” Sommerville, [email protected]
and
Courtroom Assistant/Bailiff, Allison Gonzalez, [email protected]

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/27/2021

Docket Code 085
Form V000A
Page 4

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, email, mail or deliver a copy directly
to this Division (that is, to the Judge, using her specific courtroom address), and email, mail or
deliver a copy to all opposing parties. In addition, on each document, you must include a signed
certificate that says whether you mailed or hand-delivered each copy, when you did so, and states
the specific people and the specific addresses to which you emailed, mailed or hand-delivered each
copy. If a party is represented by a lawyer, you must send or deliver the copy to the lawyer, not
to the party. All proposed Orders submitted to this Division in hard copy form must include copies
of the Order with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current mailing address, email address and telephone number. If your mailing address, email
address or phone number changes at any time, you must file a notice of change of address/phone
number with the Clerk of Court. That form (general form – GN91f – Update Information on
Address and/or Name with the Court) can be downloaded at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

08/27/2021

Docket Code 085
Form V000A
Page 5

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

10/07/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 10/07/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

10/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

10/07/2021

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE MAHONEY

ORDER ENTERED BY COURT

Pursuant to the Scheduling Order electronically signed by the Court on 10/6/21,

IT IS ORDERED that the parties shall participate in a mandatory settlement conference.
This case is referred to the Court’s Alternative Dispute Resolution (ADR) Department for the
appointment of a judge pro tempore to conduct a settlement conference. The judge pro tempore
is requested to conduct the settlement conference no later than 1/17/22.

* * * *

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

10/07/2021

Docket Code 023
Form V000A
Page 2

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, email, mail or deliver a copy directly
to this Division (that is, to the Judge, using her specific courtroom address), and email, mail or
deliver a copy to all opposing parties. In addition, on each document, you must include a signed

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

10/07/2021

Docket Code 023
Form V000A
Page 3

certificate that says whether you mailed or hand-delivered each copy, when you did so, and states
the specific people and the specific addresses to which you emailed, mailed or hand-delivered each
copy. If a party is represented by a lawyer, you must send or deliver the copy to the lawyer, not
to the party. All proposed Orders submitted to this Division in hard copy form must include copies
of the Order with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current mailing address, email address and telephone number. If your mailing address, email
address or phone number changes at any time, you must file a notice of change of address/phone
number with the Clerk of Court. That form (general form – GN91f – Update Information on
Address and/or Name with the Court) can be downloaded at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

12/08/2021 — CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 12/08/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

12/09/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

12/08/2021

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

SANALINA HOMEOWNERS ASSOCIATION
KAYLEE IVY

v.

TRUMAN DAWN, et al.
TRUMAN DAWN
15139 W VENTURA ST
SURPRISE AZ 85379

JENNIFER DAWN
15139 W VENTURA ST
SURPRISE AZ 85379
JUDGE MAHONEY

CASE ON DISMISSAL CALENDAR

The Court has received a copy of the Civil Settlement Conference Report completed by
Court-appointed Judge Pro Tem Charles M. Callahan, who conducted a settlement conference in
this matter on 12/7/21. The Report indicates that the parties in this action have reached a full
settlement.

Accordingly, IT IS ORDERED setting this matter for dismissal on 2/8/22. Unless a
Stipulated Judgment or a Stipulation for Dismissal, along with a proposed form of Order, is
submitted to the Court before that date, or the Court otherwise extends the deadline for good cause
shown, all remaining claims and parties will be dismissed.

IT IS FURTHER ORDERED vacating all future hearing dates and deadlines, if any.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

12/08/2021

Docket Code 375
Form V000A
Page 2

IT IS FURTHER ORDERED deeming any pending motions moot due to the parties’
settlement.

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court 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 filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other, separate filings for review and
consideration as part of the pending filing.

FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

12/08/2021

Docket Code 375
Form V000A
Page 3

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, email, mail or deliver a copy directly
to this Division (that is, to the Judge, using her specific courtroom address), and email, mail or
deliver a copy to all opposing parties. In addition, on each document, you must include a signed
certificate that says whether you mailed or hand-delivered each copy, when you did so, and states
the specific people and the specific addresses to which you emailed, mailed or hand-delivered each
copy. If a party is represented by a lawyer, you must send or deliver the copy to the lawyer, not
to the party. All proposed Orders submitted to this Division in hard copy form must include copies
of the Order with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current mailing address, email address and telephone number. If your mailing address, email
address or phone number changes at any time, you must file a notice of change of address/phone
number with the Clerk of Court. That form (general form – GN91f – Update Information on
Address and/or Name with the Court) can be downloaded at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-009865

12/08/2021

Docket Code 375
Form V000A
Page 4

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 03/04/2022 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 229.9 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 06/24/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 212.3 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/11/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 250.0 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/17/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 212.0 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 08/27/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 237.3 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 10/07/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 224.2 KB Document Source
minute_entry_pdf CV2021009865 ASSOCIATION, SANALINA HOMEOWNERS 12/08/2021 HONORABLE MARGARET R. MAHONEY View Minute Entry application/pdf 226.4 KB Document Source

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