09/26/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 09/26/2022 HONORABLE ALISON BACHUS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/27/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
09/26/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALISON BACHUS
C. Lett
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
COMM. POPHAM
JUDGE BACHUS
DEFAULT REFERRAL
Before the Court is Plaintiff’s September 19, 2022, e-filed Rule 55(a) Application and
Affidavit for Entry of Default against Defendant(s) Laura Hammond, aka Laura Ruthven, and
Stacy G. Burger, Successor Co-Trustee of the Ruthven Family trust, Credit Shelter Trust B Date
February 4, 2002 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
Gary Popham.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
09/26/2022
Docket Code 023
Form V000A
Page 2
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,
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
10/07/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 10/07/2022 HONORABLE ALISON BACHUS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/10/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/07/2022
Docket Code 019
Form J000
Page 1
CLERK OF THE COURT
HONORABLE ALISON BACHUS
C. Lett
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
JUDGE BACHUS
MINUTE ENTRY
The Court is in receipt of Defendant’s “Request to Dismiss Case and Petition Plaintiff to
Drop Case,” filed August 23, 2022. Plaintiff filed a response in opposition. After carefully
reviewing the filings, as well as applicable Rules, the Court will deny Defendant’s request. First,
Defendant did not base his request in any cognizable rule. Some of his argument appears to be
based in Rule 12 (and therefore may be a motion to dismiss), but then other portions appear to
attack the sufficiency of the evidence against him, which is not proper in a motion to dismiss. To
the extent that the motion is a motion to dismiss brought under Rule 12, Defendant’s motion is
insufficient. There was no authority cited and the Court was not directed to any provision of any
contract to consider. Based on the filings before it, the Court must deny the motion (insofar as
one was actually made).
The Court recognizes Defendant is representing himself, but the law requires the Court to
hold all persons representing themselves to the same standard as a licensed attorney. Bloch v.
Bentfield, 1 Ariz. App. 412, 417 (1965) (“When one undertakes to represent himself that person
is ‘entitled to no more consideration than if’ he ‘had been represented by counsel.’ He is ‘held to
the same notice of statutes of local rules as would be attributed to a duly qualified member of the
bar. Such a rule is indispensable to the orderly and efficient administration of justice.’”)
(quoting Smith v. Rabb, 95 Ariz. 49, 53 (1963)); Maher v. Uhlman, 211 Ariz. 543, 551 (App.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/07/2022
Docket Code 019
Form J000
Page 2
2005) (“That [a party] was unrepresented did not excuse him from his burden to diligently
adhere to the court’s rules.”) (citing Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App.
1978)).
Defendant is encouraged to review the Arizona Rules of Civil Procedure, as well as the
Maricopa County Superior Court’s website. The website contains forms for litigants’
use. Defendant shall file an Answer to the Complaint within 20 days of entry of this Order, or
Plaintiff may proceed by default.
IT IS THEREFORE ORDERED denying Defendant’s “Request to Dismiss Case and
Petition Plaintiff to Drop Case,” filed August 23, 2022.
IT IS FURTHER ORDERED that Defendant shall file an Answer to the Complaint no
later than 20 days from the date this Order is entered.
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. Bloch v. Bentfield, 1 Ariz. App. 412, 417 (1965)
(“When one undertakes to represent himself that person is ‘entitled to no more
consideration than if’ he ‘had been represented by counsel.’ He is ‘held to the same
notice of statutes of local rules as would be attributed to a duly qualified member of the
bar. Such a rule is indispensable to the orderly and efficient administration of justice.’”)
(quoting Smith v. Rabb, 95 Ariz. 49, 53 (1963)); Maher v. Uhlman, 211 Ariz. 543, 551
(App. 2005) (“That [a party] was unrepresented did not excuse him from his burden to
diligently adhere to the court’s rules.”) (citing Homecraft Corp. v. Fimbres, 119 Ariz.
299, 301 (App. 1978)).
Self-represented litigants are encouraged to review 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).
You may not file motions or request for relief on behalf of another self-represented party.
Bloch, 1 Ariz.App at 417 (self-represented parties may not represent other self-
represented parties) (citing Mosher v. Hiner, 62 Ariz. 110, 113-14 (1944)).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/07/2022
Docket Code 019
Form J000
Page 3
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 is so all parties have a fair chance to
tell the judge what they think before she 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, mail or deliver a copy directly to this
Division (that is, to the judge, using her specific address)
HONORABLE ALISON BACHUS
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET, SUITE F
PHOENIX, AZ 85032
(602) 506-7569
and 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 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 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.
If you want to file papers with the Clerk of the Court by mail, send them to:
Clerk of the Superior Court’s Office
Civil File Counter
201 W. Jefferson
Phoenix, AZ 85003
The Clerk’s guidelines for filing by mail can be found at:
https://www.clerkofcourt.maricopa.gov/records/filings
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/07/2022
Docket Code 019
Form J000
Page 4
If you are not represented by a lawyer you must contact this Division immediately and
provide a current address, telephone number, and email address. If your address, phone number,
or email address changes in the future, you must file a notice of change of address/phone
number/email address. That form can be downloaded at no charge from the following website:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
10/10/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 10/10/2022 HONORABLE ALISON BACHUS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/11/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/10/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALISON BACHUS
C. Lett
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
COMM. POPHAM
JUDGE BACHUS
DEFAULT REFERRAL
Before the Court is Plaintiff’s October 4, 2022 e-filed Rule 55(a) Application and
Affidavit for Entry of Default against Defendant(s) Nancy L. Ruthven, Co-Trustee of the
Ruthven Family Trust, Credit Shelter Trust B Date February 4, 2002 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
Gary Popham.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
10/10/2022
Docket Code 023
Form V000A
Page 2
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,
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
11/14/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 11/14/2022 HONORABLE ALISON BACHUS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/16/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
11/14/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALISON BACHUS
J. Holguin
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
COMM. POPHAM
JUDGE BACHUS
DEFAULT REFERRAL
Before the Court is Plaintiff’s November 2, 2022 e-filed Application/Motion for Default
against Defendant(s) Mark Hammond 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
Gary Popham.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
11/14/2022
Docket Code 023
Form V000A
Page 2
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,
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
11/21/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 11/21/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/23/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
11/21/2022
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
V. Burton
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
NANCY L RUTHVEN
NO ADDRESS ON RECORD
STACY G BURGER
NO ADDRESS ON RECORD
RUTHVEN FAMILY TRUST THE
NO ADDRESS ON RECORD
LAURA HAMMOND
NO ADDRESS ON RECORD
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
CREDIT SHELTER TRUST B DATED
FEBRUARY 4 2003
NO ADDRESS ON RECORD
COMM. POPHAM
MINUTE ENTRY
The Court having received Plaintiff’s Application/Motion for Default,
IT IS ORDERED setting a virtual Default Hearing utilizing Microsoft Teams/Court
Connect on December 15, 2022, at 9:00 a.m. (time allotted: 15 minutes) before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
11/21/2022
Docket Code 056
Form V000A
Page 2
Honorable Gary L. Popham, Jr.
Northeast Regional Court, Courtroom 105
18380 N. 40th Street, Phoenix AZ 85032
Judicial Assistant: Lisa Cooper
[email protected]
Phone: 602-372-3131
Please join the hearing using via following link:
https://tinyurl.com/jbazmc-nec02
Electronic notifications with the Microsoft Teams link will be sent out via email. To the
extent the Court does not have your preferred email address, please contact this Division at
602372-3131 or [email protected] with correct email information.
More information regarding Court Connect can be found at:
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.
NOTICE: Exhibits Marked But Not Offered
All exhibits (electronic or paper/physical) not offered/received into evidence the day of the
hearing/trial will be disposed by the courtroom clerk, unless a party requests that the evidence be
returned prior to the conclusion of the hearing.
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.
12/13/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 12/13/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
12/14/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
12/13/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
V. Burton
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
NANCY L RUTHVEN
NO ADDRESS ON RECORD
STACY G BURGER
NO ADDRESS ON RECORD
RUTHVEN FAMILY TRUST THE
NO ADDRESS ON RECORD
LAURA HAMMOND
NO ADDRESS ON RECORD
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
CREDIT SHELTER TRUST B DATED
FEBRUARY 4 2003
NO ADDRESS ON RECORD
COMM. POPHAM
MINUTE ENTRY
The Court is in receipt of and has reviewed Defendant, Mark Hammond’s Motion to
Continue Default Hearing Date filed December 8, 2022 and the Response.
IT IS ORDERED denying Defendant, Mark Hammond’s Motion to Continue Default
Hearing Date.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
12/13/2022
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED affirming the virtual Default Hearing utilizing Microsoft
Teams/Court Connect on December 15, 2022, at 9:00 a.m. before the Honorable Gary L. Popham,
Jr.
12/15/2022 — CV2022052313 HOMEOWNERS ASSOCIATION INC, LA VIDA 12/15/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
12/19/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
12/15/2022
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
V. Burton
Deputy
LA VIDA HOMEOWNERS ASSOCIATION INC
EMILY H MANN
v.
NANCY L RUTHVEN, et al.
MARK HAMMOND
23018 N 87TH PL
SCOTTSDALE AZ 85255
COMM. POPHAM
MINUTE ENTRY
Courtroom 105 - NER
9:02 a.m. This is the time set for Default Hearing. Plaintiff, La Vida Homeowners
Association, Inc, is represented by counsel, Emily H. Mann. Defendant, Mark Hammond, is
present on his own behalf. No other Defendants are present or represented. All parties and counsel
are present through Court Connect.
A record of the proceedings is made digitally in lieu of a court reporter.
Mark Hammond is sworn and presents statements to the Court.
Counsel for Plaintiff makes avowals to the Court.
Mark Hammond presents further statements to the Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-052313
12/15/2022
Docket Code 005
Form V000A
Page 2
Based on the matters presented and for the reasons stated on the record,
THE COURT FINDS that service is proper, and Defendants have failed to appear and
answer or otherwise plead.
THE COURT FURTHER FINDS that the requested attorney’s fees are reasonable and
appropriate.
IT IS ORDERED entering judgment in favor of Plaintiff and against Defendants, Nancy
L. Ruthven, Co-Trustee of the Ruthven Family Trust, Credit Shelter B dated February 4, 2003;
Stacy G. Burger, Successor Co-Trustee of the Ruthven Family Trust, Credit Shelter B dated
February 4, 2003; Mark Hammond; and Laura Hammond aka Laura Ruthven, all in accordance
with the formal written Default Judgment signed by the Court, as modified on December15, 2022,
and filed (entered) by the Clerk on December 15, 2022.
Please Note: The court has signed a paper copy of the order. After the order has been
scanned and docketed by the Clerk of the Court, you may obtain copies of this order, including
certified, by visiting the Clerk’s Office website at:
https://www.clerkofcourt.maricopa.gov/records/obtaining-records
9:27 a.m. Matter concludes.
