01/29/2024 — CV2023012338 ALBARRACIN, EDWARD TRENTON 01/29/2024 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
01/30/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-012338
01/29/2024
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
T. Aird
Deputy
DOUGLAS J CORDANO
STEVEN A COHEN
v.
EDWARD TRENTON ALBARRACIN, et al.
ALICYN MARIE FREEMAN
GEOFFREY G COLLINS
A. DANIEL COUMIDES
QUINTEN T CUPPS
PATRICK GRUCHALA
NO ADDRESS ON RECORD
TESSA KNUEPPEL
CARRIE A LUIKENS
NO ADDRESS ON RECORD
SCOTT CARPENTER
COLE CUMMINS
JUDGE COOPER
RULING RE AMCOR MOTION TO DISMISS
Pending is Defendant AMCOR Property Professional, Inc.’s Motion to Dismiss filed
December 4, 2023. The Court has reviewed the Motion, Response, Reply, and Complaint.
The Motion alleges substantially the same deficiencies AMCOR raised in its Motion to
Dismiss Merrick Avenue Management’s Complaint in CV2023-008406. AMCOR contends that
these Complaints have failed to allege a duty owed by AMCOR. The pending Motion to Dismiss
argues that no claim can be asserted because the law does not impose a duty on a property
management company to an invitee or licensee on private property.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-012338
01/29/2024
Docket Code 019
Form V000A
Page 2
Cordano’s Complaint, however, adequately alleges a claim against AMCOR as the agent
of the Defendant Associations who owed a duty to Cordano. Cordano alleges that the Troon
Village and Troon Fairways’ CC&Rs conferred a duty on the Associations to manage, maintain,
repair and replace, and improve the Common areas and to promote “…the health, safety and
welfare of the owners,…”. See Complaint, ¶¶ 29, 30. Pursuant to this duty, AMCOR was
retained to contract to repair and complete the installation of new gates at the entrances of the
Troon Community for the safety of members and guests. Complaint, ¶¶ 41-43. AMCOR
contracted with Defendant MC General Contracting, LLC to remove and replace the old gates.
(See Complaint ¶ 41). Members of the HOA allegedly reported to the Association’s Board that
the “new” gates did not work properly and, as a result, unauthorized individuals could access the
Community. Complaint, ¶45. Accordingly, AMCOR allegedly had knowledge of the defective
condition of the gates before the incident occurred. Complaint ¶¶ 44, 48.
Construing the allegations favorably for Cordano, the Court finds the allegations
adequate to allege that AMCOR acted as the Association’s agent. The scope of AMCOR’s
agency and whether AMCOR negligently failed to secure the gates are matters to be developed
in discovery.
IT IS ORDERED denying AMCOR’s Motion to Dismiss.
11/17/2023 — CV2023012338 ALBARRACIN, EDWARD TRENTON 11/17/2023 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/20/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-012338
11/17/2023
Docket Code 073
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
L. Gilbert
Deputy
DOUGLAS J CORDANO
STEVEN A COHEN
v.
EDWARD TRENTON ALBARRACIN, et al.
ALICYN MARIE FREEMAN
GEOFFREY G COLLINS
A. DANIEL COUMIDES
QUINTEN T CUPPS
SCOTT CARPENTER
JUDGE BLANEY
MOTION WITHDRAWN
The Court has considered Defendant Troon Fairways’ Notice of Withdrawal of Motion to
Dismiss Without Prejudice, filed 11/14/2023. Accordingly, Defendant’s Motion Motion to
Dismiss Without Prejudice, filed 11/14/2023, is considered withdrawn and no further action will
be taken.
