09/26/2024 — CV2024019548 5 HOMEOWNERS ASSOCIATION, SUMMERFIELD UNIT 09/26/2024 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/27/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-019548
09/26/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
SUMMERFIELD UNIT 5 HOMEOWNERS
ASSOCIATION
DANNY M FORD
v.
DIANE E RIEBESEHL
DIANE E RIEBESEHL
1315 N 84TH PL
SCOTTSDALE AZ 85257
JUDGE COFFEY
MINUTE ENTRY
Plaintiff has requested service by alternative means pursuant to Rule 4.1 of the Arizona
Rules of Civil Procedure. Rule 4.1 (k) provides as follows:
Alternative Means of Service.
(1) Generally.
If a party shows that the means of service provided in Rule 4.1(c) through Rule 4.1(j) are
impracticable, the court may--on motion and without notice to the person to be served--
order that service may be accomplished in another manner.
(2) Notice and Mailing. If the court allows an alternative means of service, the serving
party must make a reasonable effort to provide the person being served with actual notice
of the action's commencement. In any event, the serving party must mail the summons, the
pleading being served, and any court order authorizing an alternative means of service to
the last-known business or residential address of the person being served.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-019548
09/26/2024
Docket Code 023
Form V000A
Page 2
(3) Service by Publication. A party may serve by publication only if the requirements of
Rule 4.1(l), 4.1(m), 4.2(f), or 4.2(g) are met and the procedures provided in those rules are
followed.
Whether traditional service is “impractical,” defined as “extremely difficult or
inconvenient” is a fact specific inquiry. See Blair v. Burgener, 226 Ariz. 213, 245 P.3d 898 (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. Plaintiff must demonstrate multiple
unsuccessful attempts at varying times and proof that a skip trace has been performed before the
Court will authorize alternative service. Accordingly,
IT IS ORDERED denying Plaintiff’s request for service by alternative means, without
prejudice to Plaintiff filing a renewed motion if further efforts at personal service are unsuccessful.
10/28/2024 — CV2024019548 5 HOMEOWNERS ASSOCIATION, SUMMERFIELD UNIT 10/28/2024 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/29/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-019548
10/28/2024
Docket Code 042
Form V042
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
T. Aird
Deputy
SUMMERFIELD UNIT 5 HOMEOWNERS
ASSOCIATION
DANNY M FORD
v.
DIANE E RIEBESEHL
DIANE E RIEBESEHL
1315 N 84TH PL
SCOTTSDALE AZ 85257
CV NOTICE DESK - CCC
JUDGE COFFEY
MARICOPA COUNTY RECORDER'S
OFFICE
COURT RECEIVES FILING OF
NOTICE OF DISMISSAL WITH PREJUDICE AND RELEASE OF LIS PENDENS
The Court has received the Notice of Dismissal With Prejudice and Release of
Lis Pendens filed October 22, 2024, by counsel for Plaintiff.
Pursuant to Rule 41(a), Arizona Rules of Civil Procedure, dismissal herein with prejudice
is effective without court order.
