04/08/2024 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 04/08/2024 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/09/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
04/08/2024
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
JUDGE BLANEY
RULING
The Court has reviewed and considered Plaintiff’s Motion for Summary Judgment re: Lien
Foreclosure, filed January 8, 2024, together with Plaintiff’s Statement of Facts and exhibits, filed
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
04/08/2024
Docket Code 019
Form V000A
Page 2
January 8, 2024. Defendant failed to timely respond. Pursuant to Rule 7.1(b), Arizona Rules of
Civil Procedure, the Court may summarily grant a motion based upon an opposing party’s failure
to timely respond. However, to grant the present Motion for Summary Judgment even in the
absence of a response, the record in this case must establish that Plaintiff is entitled as a matter of
law to the relief it is seeking. Oral argument was not requested, and the Court does not believe it
would be helpful.
Summary judgment is appropriate only if no genuine issue of material fact exists and the
moving party is entitled to judgment as a matter of law. See Rule 56(a), Arizona Rules of Civil
Procedure; Orme School v. Reeves, 166 Ariz. 301, 305 (1990); Hourani v. Benson Hosp., 211
Ariz. 427, 432 (App. 2005). All facts must be viewed in the light most favorable to the nonmoving
party. See Grain Dealers Mutual Insurance Co. v. James, 118 Ariz. 116 (1978); Farmers Ins. Co.
v. Vagnozzi, 138 Ariz. 443, 448 (1983). “Credibility determinations, the weighing of the evidence,
and the drawing of legitimate inferences from the facts” are not proper on summary judgment.
Orme School, 166 Ariz. at 309-10 (citing Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct.
2505, 2513, 91 L.Ed.2d 202 (1986)). But the Court will not deny a motion for summary judgment
on the speculation “that some slight doubt …, some scintilla of evidence, or some dispute over
irrelevant or immaterial facts might blossom into a real controversy in the midst of trial.” Orme
School, 166 Ariz. at 311.
When a plaintiff moves for summary judgment, the question before the Court is not
whether the defendant has succeeded in presenting genuine disputes of material fact. Rather, the
question is whether the plaintiff has “presented sufficient undisputed admissible evidence to
establish its entitlement to judgment.” Wells Fargo Bank, N.A. v. Allen, 231 Ariz. 209, 213 (App.
2012). The plaintiff carries the burden of persuasion on its motion for summary judgment if they
submit “undisputed admissible evidence that would compel any reasonable juror to find in its favor
on every element of its claim.” Id. (quoting Comerica Bank v. Mahmoodi, 224 Ariz. 289, 293
(App. 2010)).
THE COURT FINDS AS FOLLOWS:
1. Plaintiff has established that Defendant is the owner of real property that is subject to
Desert Peak Homeowners Association’s recorded Declaration of Covenants,
Conditions, and Restrictions (CC&Rs);
2. Plaintiff has established that Defendant materially breached the CC&Rs by not paying
assessments to the Association;
3. Plaintiff has established that it obtained a judgment against Defendant in the Maricopa
County Justice Court for the delinquent assessments;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
04/08/2024
Docket Code 019
Form V000A
Page 3
4. Plaintiff has established that it possesses a secured and perfected assessment lien
against Defendant’s property in the amount of $9,201.50;
5. There are no genuine issues of material fact precluding summary judgment;
6. Plaintiff has presented sufficient undisputed admissible evidence to establish its
entitlement to judgment;
7. Plaintiff has established that Plaintiff may recover its attorney’s fees and court costs in
the event of default; and
8. This contested action arises out of contract and Plaintiff is the prevailing party.
Good cause appearing,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment.
IT IS FURTHER ORDERED directing Plaintiff to prepare and lodge a form of judgment
on or before April 19, 2024. Plaintiff shall file any application for attorney’s fees and statement
of taxable costs by this deadline as well. Defendant shall file any objections or responses to the
form of judgment or to the request for attorney’s fees and costs within ten (10) days thereafter.
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:
https://superiorcourt.maricopa.gov/llrc/fc_gn9/
05/19/2026 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 05/19/2026 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/20/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
05/19/2026
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
J. Eaton
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
JUDGE BLANEY
RULING
The Court has reviewed and considered Plaintiff’s Motion for Summary Judgment Re: Lien
Foreclosure; Plaintiff’s Statement of Facts in Support of Motion for Summary Judgment Re: Lien
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
05/19/2026
Docket Code 019
Form V000A
Page 2
Foreclosure; and the limited record in this case. Defendant failed to file a timely response in
opposition to Plaintiff’s Motion that challenged the stated legal authorities or the factual assertions
in the Motion. Pursuant to Rule 7.1(b), Arizona Rules of Civil Procedure, the Court may
summarily grant the Motion due to Defendant’s failure to timely respond or oppose the
relief. However, to grant the Motion even in the absence of a response, the record in this case must
establish that Plaintiff is entitled as a matter of law to the relief it is seeking. Rule 56(e),
Ariz.R.Civ.P.
Oral argument was not requested and the Court does not believe it would be helpful. Rule
7.1(d), Ariz.R.Civ.P.
Summary judgment is appropriate only if no genuine issue of material fact exists and the
moving party is entitled to judgment as a matter of law. See Rule 56(a), Arizona Rules of Civil
Procedure; Orme School v. Reeves, 166 Ariz. 301, 305 (1990); Hourani v. Benson Hosp., 211
Ariz. 427, 432 (App. 2005). All facts must be viewed in the light most favorable to the nonmoving
party. See Grain Dealers Mutual Insurance Co. v. James, 118 Ariz. 116 (1978); Farmers Ins. Co.
v. Vagnozzi, 138 Ariz. 443, 448 (1983). “Credibility determinations, the weighing of the evidence,
and the drawing of legitimate inferences from the facts” are not proper on summary
judgment. Orme School, 166 Ariz. at 309-10 (citing Anderson v. Liberty Lobby, 477 U.S. 242,
255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986)). But the Court will not deny a motion for
summary judgment on the speculation “that some slight doubt …, some scintilla of evidence, or
some dispute over irrelevant or immaterial facts might blossom into a real controversy in the midst
of trial.” Orme School, 166 Ariz. at 311.
When a plaintiff moves for summary judgment, the question before the Court is not whether
the defendant has succeeded in presenting genuine disputes of material fact. Rather, the question
is whether the plaintiff has “presented sufficient undisputed admissible evidence to establish its
entitlement to judgment.” Wells Fargo Bank, N.A. v. Allen, 231 Ariz. 209, 213 (App. 2012). The
plaintiff carries the burden of persuasion on its motion for summary judgment if they submit
“undisputed admissible evidence that would compel any reasonable juror to find in its favor on
every element of its claim.” Id. (quoting Comerica Bank v. Mahmoodi, 224 Ariz. 289, 293 (App.
2010)).
THE COURT FINDS AS FOLLOWS:
1. Defendant Gladys Jahn fka Gladys Lopatofsky is the record Owner of real property located
within the Association at: 2625 East JJ Ranch Road, Phoenix, Arizona (the “Property”) and
legally described as: LOT 109, DESERT PEAK UNIT 3, ACCORDING TO BOOK 849
OF MAPS, PAGE 12, AND CERTIFICATES OF CORRECTION RECORDED AT
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
05/19/2026
Docket Code 019
Form V000A
Page 3
DOCUMENT NO. 2007-255419, DOCUMENT NO. 2007-255420 AND DOCUMENT
NO. 2007-255421, RECORDS OF MARICOPA COUNTY, ARIZONA.
2. The Property is subject to Desert Peak Homeowners Association’s recorded Declaration of
Covenants, Conditions, and Restrictions (“CC&Rs”).
3. Defendant is contractually obligated to pay assessments to the Association pursuant to
Article V, Section 5.1 of the CC&Rs, which states, “…each Owner of a Lot, by becoming
the Owner thereof…is deemed to covenant and agree to pay to the Association annual
Assessments, special Assessments, and any applicable neighborhood Assessments and lot
specific Assessments…together, with interest, costs and reasonable attorneys’ fees…”
4. The Association recorded a notice of lien against the Property on July 16, 2018 at
Document No. 20180534855 in the Official Records of the Maricopa County Recorder.
5. Plaintiff holds an assessment lien against the Property for delinquent assessments, late fees,
costs of collection, and interest in the amount of $11,657.50.
6. Prior to bringing this foreclosure action, Plaintiff obtained a judgment against the
Defendant through a breach of contract action in the Desert Ridge Justice Court for the
delinquent assessments. See Case No. CC2020145129RC. The Justice Court awarded the
attorneys’ fees in the amount of $2,520.00 and costs of court in the amount of $370.10,
upon which interest accrues at the rate of 4.25%.
7. The ending ledger balance, excluding the $700.00 in fines, and including the attorney fees
and costs awarded in the judgment, are all secured by the assessment lien against the
Property totaling $11,657.50.
8. Defendant has not redeemed the assessment lien despite written demands.
9. The Association recorded a notice of lien against the property on July 16, 2018 at
Document No. 20180534855 in the Official Records of the Maricopa County Recorder for
delinquent accrued assessments, interest, late fees, collection costs, and legal expenses.
10. The Association has an assessment lien balance against the Property for $11,657.50. This
amount is constituted of delinquent assessments, late fees, interest, costs of collection, and
prior court costs and attorneys’ fees.
11. There are no genuine issues of material fact precluding summary judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
05/19/2026
Docket Code 019
Form V000A
Page 4
12. Plaintiff has presented sufficient undisputed admissible evidence to establish its
entitlement to judgment.
13. This action arises out of contract and Plaintiff is the prevailing party.
Good cause appearing, and in the Court’s discretion,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment Re: Lien
Foreclosure.
IT IS FURTHER ORDERED the property shall be sold at public auction for cash by the
Sheriff.
IT IS FURTHER ORDERED directing Plaintiff to prepare and lodge a form of Judgment
on or before June 5, 2026. Plaintiff shall file any statement of taxable costs or application for
attorney’s fees by this deadline as well. Defendant shall file any objections or responses to the
form of judgment or to the request for costs or fees within ten (10) days thereafter.
06/10/2024 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 06/10/2024 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/11/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
06/10/2024
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
JUDGE BLANEY
JUDGMENT SIGNED
IT IS ORDERED approving and settling the formal written Judgment and Decree of
Foreclosure and Order of Sale against Defendant Gladys Jahn fka Gladys Lopatofsky signed by
the Court June 10, 2024 and filed (entered) by the Clerk on June 10, 2024.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
06/10/2024
Docket Code 049
Form V000A
Page 2
Please note: The Court has signed a paper copy of the Judgment which was originally
provided electronically. After the Judgment has been scanned and docketed by the Clerk of Court,
copies
of
this
Judgment
will
be
available
through
the
ECR
online
at
www.clerkofcourt.maricopa.gov or through www.AZTurboCourt.gov and from the Public Access
Terminals at the Clerk of Court’s offices located throughout Maricopa County.
NOTE: Please allow 4-5 court days for the Order to be processed and available on docket.
06/13/2025 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 06/13/2025 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/16/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
06/13/2025
Docket Code 376
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
JUDGE BLANEY
ORDER SIGNED
The Court has considered Plaintiff’s Motion to Continue on the Inactive Calendar, filed
June 9, 2025.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
06/13/2025
Docket Code 376
Form V000A
Page 2
IT IS ORDERED granting the Motion, all in accordance with the formal written Order to
Continue on the Inactive Calendar as modified and signed by the Court on June 12, 2025 and
entered (filed) by the Clerk on June 13, 2025.
Please note: The Court has signed a paper copy of the Order which was originally provided
electronically. After the Order has been scanned and docketed by the Clerk of Court, copies of
this order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
NOTE: Please allow 4-5 court days for the Order to be processed and available on docket.
07/01/2024 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 07/01/2024 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/02/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
07/01/2024
Docket Code 314
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
CHARLES M LEFTWICH JR.
JUDGE BLANEY
BANKRUPTCY
The Court has received notification that a petition under the Bankruptcy Code has been
filed by Defendant Gladys Jahn (debtor) in case number 2:24-bk-00639-PS.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
07/01/2024
Docket Code 314
Form V000A
Page 2
IT IS ORDERED placing this case/claim(s) on the Dismissal Calendar until December
26, 2024, as to Defendant Gladys Jahn (debtor). This case/claim(s) will be dismissed on
December 26, 2024, unless prior to the scheduled dismissal date plaintiff demonstrates it has
moved to lift the stay but the request has not been ruled upon or has been denied; or it has sought
to reduce the claim(s) against the debtor to judgment in the Bankruptcy Court in an adversary
proceeding and the adversary proceeding has not yet been resolved despite diligence in seeking
such a resolution; or it has obtained severance of the claim(s) against the debtor from the claim(s)
against the other parties to the action, if any; or it has demonstrated a reasonable basis for
continuance of the case on the dismissal calendar.
IT IS FURTHER ORDERED that as to the remaining defendants, the provisions of Rule
38.1, A.R.C.P. shall continue to apply.
09/13/2024 — CV2023010126 HOMEOWNERS ASSOCIATION, DESERT PEAK 09/13/2024 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/16/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
09/13/2024
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
JOHN HALK
v.
GLADYS JAHN, et al.
GLADYS JAHN
2625 E JJ RANCH RD
PHOENIX AZ 85024
T P I, L L C
1302 E BLUEFIELD AVE
SCOTTSDALE AZ 85260
ADAM B NACH
J C P ENTERPRISES INC
802 N ELK HORN CIR
PAYSON AZ 85541
FIRST CORPORATE SOLUTIONS
300 W CLARENDON AVE STE 240
PHOENIX AZ 85013
SUNSHINE CLEANING SYSTEMS L L
C
107 N TONTO ST
PAYSON AZ 85541
JUDGE BLANEY
ORDER SIGNED
The Court has considered Plaintiff’s Motion to Set Aside Judgment, filed June 25, 2024.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-010126
09/13/2024
Docket Code 022
Form V000A
Page 2
IT IS ORDERED granting the Motion, all in accordance with the formal written Order
Vacating Judgment signed by the Court on September 12, 2024 and entered (filed) by the Clerk
on September 13, 2024.
Please note: The Court has signed a paper copy of the Order which was originally provided
electronically. After the Order has been scanned and docketed by the Clerk of Court, copies of
this order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
NOTE: Please allow 4-5 court days for the Order to be processed and available on docket.
