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Maricopa County Superior Court Case CV2006-011927: public docket details, parties, minute entries, documents, and official source links for Carefree Foothills Homeowners Association.

Case Number

CV2006-011927

County

Maricopa

Caption

Not captured

Filed

8/8/2006

Case Type

Civil

Judge

Como, Greg

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/05/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/04/2012
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
ORAL ARGUMENT RESET
Defendants’ Counsel being in Mediation,
IT IS ORDERED vacating the oral argument on Plaintiff’s Motion Partial Summary
Judgment set for January 19, 2012 and resetting same to January 23, 2012 at 9:30 a.m. (time
allotted: 30 minutes) in this Division before:
The Honorable Katherine Cooper
Maricopa County Superior Court
East Court Building, Fifth Floor
101 West Jefferson, Courtroom 514
Phoenix, AZ 85003
Phone: 602-506-8311
NOTE: All court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by calling this Division five (5) judicial
days before the scheduled hearing.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/06/2012
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
L. Firriello
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
FINAL TRIAL MANAGEMENT CONFERENCE
Courtroom 514- East Court Building
10:05 a.m. This is the time set for Final Trial Management Conference. Plaintiffs are
represented by counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kurt M.
Zitzer.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
A Trial Management Conference is conducted and legal matters are discussed.
IT IS ORDERED affirming the four (4) day jury trial on January 30, 2012, in this
Division. Counsel shall be present at 9:00 a.m. on the first day of trial to discuss any pretrial
matters. The court conducts jury trials Monday through Thursday, 9:30 a.m. to 4:30 p.m. There
will be a morning and afternoon recess of 15 minutes. The court takes an hour and a half lunch
break. If necessary, the court will enforce reasonable time restrictions to ensure that the trial will
end at the scheduled time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/06/2012
Docket Code 027
Form V000A
Page 2
IT IS FURTHER ORDERED:
1. The court will summon a panel of 40 prospective jurors.
2. The court will conduct voir dire. At the conclusion of the court's questioning, each
side will have an opportunity to ask questions of the panel.
3. The parties agree to a total of eight (8) jurors with one (1) alternate. Counsel will
decide whether the alternate juror may deliberate. Six (6) jurors are necessary for a verdict.
The court will determine alternate jurors by lot as prescribed by the rules unless the
parties stipulate to allow the alternate jurors to deliberate.
4. A court reporter has not been requested by any party.
5. All exhibits are due to the clerk for marking no later than January 6, 2012. Exhibits
should be submitted to the clerk in a three-ring binder, each separated by a tabbed numbered
divider. If exhibits are submitted without a binder, then they shall be separated by a colored
sheet of paper with the exhibit number written on front. Each exhibit shall be clipped or bound if
too large to be stapled. Exhibits shall be marked numerically and consecutively. Do not skip
numbers. Additional exhibits, if necessary, may be marked during the course of trial. Counsel
shall eliminate duplication of exhibits as duplicate exhibits will not be marked.
IT IS FURTHER ORDERED that Defendants’ Motion in Limine Regarding David
Gratton and Dr. Eric Korsten is withdrawn. Plaintiff will not call witness Jeffrey Rybarczyk and,
therefore, Defendants will not call witnesses Gratton or Korsten.
In addition, discussion is held regarding Plaintiffs’ anticipated witnesses Gemmel, Crane
and Dwyer. Defendant’s counsel objects to witness Gemmel. The objection is overruled. Mr.
Gemmel will be permitted to testify as the current President of the Association and representative
of the Class but only as to those matters timely disclosed.
Oral Argument is affirmed on January 23, 2012 at 9:30 a.m. on the following Motions:
IT IS ORDERED ruling on the parties’ Motions as follows:
1. Plaintiffs’ Motion for Partial Summary Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/06/2012
Docket Code 027
Form V000A
Page 3
2. Defendant Carefree Foothills Homeowners’ Association’s Motion to Strike Jason
Segneri and Ziad Kaakouch as Trial Witnesses..
11:05 a.m. Conference concludes.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/25/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/23/2012
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
J. Polanco
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
MATTER UNDER ADVISEMENT
East Court Building – Courtroom 514
9:28 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment, electronically filed November 1, 2011. Plaintiff is represented by counsel,
Jeffrey D. Gross. Defendants are represented by counsel, Kurt M. Zitzer.
Court Reporter, Debbie Croci, is present and a record of the proceedings is also made by
audio and/or videotape.
Argument is presented to the Court.
IT IS ORDERED taking this matter under advisement.
The Court is informed counsel have reached a stipulation regarding the Defendants’
pending Motion to Strike Jason Segneri and Ziad Kaakouch as Trial Witnesses. In that regard,
Plaintiff withdraws calling Mr. Segneri as a witness and Defendants withdraw their objection to
Plaintiff calling Mr. Kaakouch as a witness.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/23/2012
Docket Code 020
Form V000A
Page 2
Brief discussion is held regarding a stipulated revision to a jury instruction. Counsel
provides the Court with a copy of same for its review.
10:22 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/25/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/23/2012
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
J. Polanco
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
UNDER ADVISEMENT RULING
The Court has considered Plaintiff David Vanyo’s Motion for Partial Summary
Judgment, Defendant Carefree Foothills Homeowners’ Association’s (HOA) Response,
Plaintiff’s Reply, together with the parties’ Statements of Fact, exhibits, oral argument, and the
June 16, 2011 opinion of the Court of Appeals.
The Court finds:
Genuine issues of material fact exist on the claim of private condemnation of the HOA’s
CC&R prohibiting all but single-family residential use. Plaintiff’s knowledge of access to
Mamie Maude when he bought the property is a fact issue the jury may consider.
The Court of Appeals has already determined the absence of an implied way of necessity
for Mamie Maude as a matter of law based on the lack of evidence in the record establishing that
Mamie Maude was landlocked in 1912 when severance occurred. (Opinion at para. 31.)
Therefore, implied way of necessity is not an issue for trial, either as a claim or defense.
As a matter of law, resulting access by way of private condemnation of the CC&R
includes the right to use the property for utility access.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/23/2012
Docket Code 926
Form V000A
Page 2
IT IS HEREBY ORDERED granting in part Plaintiff’s Motion for Partial Summary
Judgment regarding access for underground utilities.
IT IS HEREBY ORDERED denying Plaintiff’s Motion on the claim of private
condemnation.
IT IS FURTHER ORDERED that 1) implied way of necessity has already been
determined and will not be re-tried; and 2) the jury may consider admissible evidence of
Plaintiff’s knowledge at time of purchase.
IT IS FURTHER ORDERED signing this minute entry as the formal Order of this
Court.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/09/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/30/2012
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
TRIAL MINUTE ENTRY
DAY 1
Courtroom 514 – East Court Building
Prior to commencement of trial, Plaintiffs’ exhibits 1 through 19 and Defendants’
exhibits 20 through 57 are marked for identification.
9:28 a.m. This is the time set for trial to a jury. Plaintiffs are represented by counsel,
Jeffrey Gross. Plaintiff, David Vanyo, is present. Defendants are represented by counsel, Kurt
Zitzer. John Crane, representative for Defendant Carefree Foothills Homeowners Association, is
present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
Argument is presented on Defendants’ Motion to Reconsider.
IT IS ORDERED revising the Minute Entry dated January 23, 2012 as stated on the
record.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/30/2012
Docket Code 012
Form V000A
Page 2
Argument is presented on Plaintiffs’ Trial Memorandum regarding Attorney-Client
Privilege and Damages, both filed January 25, 2012.
IT IS ORDERED that Defendant may not question Plaintiff in a way to invade
client/attorney privileges and the Court will allow Defendants to present the damages evidence.
Discussion is held regarding the exhibits. Defendant moves to withdraw exhibits.
IT IS ORDERED withdrawing Defendants’ exhibits 24-29, 31, and 41-45.
IT IS FURTHER ORDERED that the following exhibits are stipulated into evidence:
Plaintiffs’ exhibits 1, 4 through 14, 17 through 19, Defendants’ exhibits 46 through 50,
and Defendants’ exhibits 52, 53 and 56
Discussion is held regarding voir dire, trial procedures and jury instructions. The Court
will review the cases presented.
11:09 a.m. Court stands at recess.
1:32 p.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Robin Bobbie, is present.
Discussion is held regarding deposition designations and whether the alternate juror will
be allowed to deliberate.
IT IS ORDERED that the alternate juror will deliberate.
1:39 p.m. Court stands at recess.
2:09 p.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The prospective jurors are sworn.
Voir dire examination of prospective jurors.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/30/2012
Docket Code 012
Form V000A
Page 3
The prospective jurors leave the courtroom and court remains in session.
Court and counsel confer with respect to the jurors being struck for hardship and/or
cause.
The prospective jurors enter the courtroom.
Jurors # 2-4, 7, 14, 16-18, 22, 25, 29, 30, 33, 38 and 39 are excused.
Voir dire examination continues with the remaining prospective jurors.
The prospective jurors leave the courtroom and court remains in session.
4:31 p.m. Court stands at recess and Counsel pass the panel.
4:54 p.m. Court reconvenes with respective counsel and parties present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The prospective jury is present.
Nine (9) persons are selected and sworn to act as trial jurors in this cause.
5:03 p.m. Court stands at recess until January 31, 2012 at 9:00 a.m.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/31/2012
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
TRIAL MINUTE ENTRY
DAY 2
Courtroom 514- East Building
9:33 a.m. Trial to a jury continues from January 30, 2012. Plaintiffs are represented by
counsel, Jeffrey Gross. Plaintiff, David Vanyo, is present. Defendants are represented by
counsel, Kurt Zitzer. John Crane, representative for Defendant Carefree Foothills Homeowners
Association, is present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The jury is not present.
Discussion is held regarding jury notebooks.
The jury enters the courtroom.
The Preliminary Instructions are read to the jury.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/31/2012
Docket Code 012
Form V000A
Page 2
FILED: Preliminary Instructions
Opening statements are presented.
The jury leaves the courtroom and court remains in session.
Discussion is held regarding exhibits. Defendants move for admission of their exhibits
32-40 and 57.
Defendants’ exhibit 35 is received in evidence.
Defendants’ exhibit 57 is not received in evidence but may be re-offered at a later time.
The Court will review Defendants’ exhibits 32-34 and 36-40 for admissibility.
11:10 a.m. Court stands at recess.
11:22 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
Plaintiffs’ case:
David Barrett Vanyo is sworn and testifies.
The jury leaves the courtroom and court remains in session.
Argument is heard on the admissibility of Defendants’ exhibit 57.
IT IS ORDERED taking this issue under advisement.
12:01 p.m. Court stands at recess.
FILED:
Deposition of David Vanyo dated June 6, 2007;
Deposition of James Murphy, dated August 3, 2007.
1:17 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/31/2012
Docket Code 012
Form V000A
Page 3
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
Discussion is held regarding the exhibits.
IT IS ORDERED sustaining Plaintiffs’ objections to the admission of Defendants’
exhibits 32, 38-40, and 57.
IT IS FURTHER ORDERED overruling Plaintiffs’ objections to the admission of
Defendants’ exhibits 33, 34, 36, and 37 and they are received in evidence.
IT IS FURTHER ORDERED that the Court changes the earlier ruling receiving
Defendants’ exhibit 35 in evidence and this one is no longer in evidence.
The jury enters the courtroom and trial continues.
David Vanyo resumes the stand and testifies further.
David Vanyo leaves the stand.
Video trial testimony of Donald Duncan is played for the jury.
2:44 p.m. Court stands at recess.
3:03 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
Discussion is held regarding the trial schedule.
The jury enters the courtroom and trial continues.
Trial testimony of Donald Duncan continues.
Greg Gentsch is sworn and testifies.
The witness is excused.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
01/31/2012
Docket Code 012
Form V000A
Page 4
Video trial testimony of John Ratliff is played for the jury.
Plaintiffs rest.
The jury leaves the courtroom and court remains in session.
Discussion is held regarding the trial schedule.
Argument is heard on the admissibility of Defendants’ exhibit 51.
Defendants’ exhibit 51 is received in evidence.
4:18 p.m. Court stands at recess until February 1, 2012 at 9:30 a.m.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/01/2012
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
TRIAL MINUTE ENTRY
DAY 3
Courtroom 514- East Building
9:34 a.m. Trial to a jury continues from January 31, 2012. Plaintiffs are represented by
counsel, Jeffrey Gross. Plaintiff, David Vanyo, is present. Defendants are represented by
counsel, Kurt Zitzer. John Crane, representative for Defendant Carefree Foothills Homeowners
Association, is present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The jury is not present.
Argument is heard on the admissibility of Defendants’ exhibit 30.
Defendants’ exhibit 30 is received in evidence, over Plaintiffs’ objection.
The jury enters the courtroom and trial continues.
Defendants’ case:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/01/2012
Docket Code 012
Form V000A
Page 2
John Dwyer is sworn and testifies.
The witness is excused.
Whitney Smelser is sworn and testifies.
10:51 a.m. Court stands at recess.
11:09 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.
Whitney Smelser resumes the stand and testifies further.
The witness is excused.
Bob Gemmill is sworn and testifies.
Plaintiffs’ exhibit 16 is received in evidence.
The witness is excused.
The jury leaves the courtroom and court remains in session.
Discussion is held regarding the trial schedule.
Jury instructions are argued on the record without the presence of the court reporter.
1:00 p.m. Court stands at recess.
1:58 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
Jury instructions are argued. Counsel state their objections to the final jury instructions
on the record.
The jury enters the courtroom and trial continues.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/01/2012
Docket Code 012
Form V000A
Page 3
The deposition of James Murphy, dated August 3, 2007 is read to the jury.
John Crane is sworn and testifies.
The witness is excused.
Defendants rest.
The jury is excused for the day to return February 2, 2012 at 9:30 a.m. Court remains in
session.
Plaintiffs renew Motion for Summary Judgment as a motion for directed verdict.
IT IS ORDERED denying Plaintiffs’ oral motion.
3:34 p.m. Court stands at recess until February 2, 2012
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/09/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/02/2012
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
TRIAL MINUTE ENTRY
DAY 4
Courtroom 514- East Building
9:26 a.m. Trial to a jury continues from February 1, 2012. Plaintiffs are represented by
counsel, Jeffrey Gross. Plaintiff, David Vanyo, is present. Defendants are represented by
counsel, Kurt Zitzer. John Crane, representative for Defendant Carefree Foothills Homeowners
Association, is present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The jury is not present.
Discussion is held regarding the final jury instructions and the form of verdict.
The jury enters the courtroom and trial continues.
The jury is instructed by the court as to the law applicable to this cause.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/02/2012
Docket Code 012
Form V000A
Page 2
FILED: Final Jury Instructions
Closing arguments are presented.
11:15 a.m. The jury retires in charge of the sworn bailiff to consider their verdict and
court stands at recess.
1:12 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
LET THE RECORD REFLECT that the court has received two questions from the
jury. Same is discussed between court and counsel and written responses are submitted.
1:18 p.m. Court stands at recess.
1:48 p.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Robin Bobbie, is present and a record of the proceedings is also made by
audio and/or videotape.
The jury is all present in the jury box and by their presiding juror return into court their
verdict, which are read and recorded by the clerk and are as follows:
We, the Jury, duly empanelled and sworn in the above-entitled action, upon our
oaths, do find the following verdict:
1. Is Plaintiff entitled to condemn an interest in the CC&Rs for a private way of
necessity across Lot 24 to access Mamie Maude?
YES
If your answer "yes," go to Question No.2. If your answer to Question No. 1 is "no," do
not answer any further questions on this form. Your foreperson or the individual
members of the jury should sign and date this verdict form.
2. State the amount of just compensation, if any, to which defendants are
entitled for the condemnation of the private way of necessity:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/02/2012
Docket Code 012
Form V000A
Page 3
$0
The verdict is unanimous and signed by the foreperson.
The jurors reply that this is their true verdict.
The jury is thanked by the court and excused from further consideration in this cause.
1:52 p.m. Trial concludes.
FILED: Verdict; Exhibit Worksheet; Jury Questions; Trial Worksheet.
IT IS ORDERED that jury fees be assessed against the Defendant, in the sum of
$1,017.72, all in accordance with the formal written Judgment for Jury Fees signed by the court
on February 8, 2012, and filed (entered) by the clerk on February 8, 2012.
Pursuant to the verdict entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the Clerk of the Court,
IT IS ORDERED that the clerk permanently release {enter exhibit numbers to be
released} which were not offered in evidence to the counsel/party causing them to be marked, or
their written designee.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/14/2008
Docket Code 094
Form V094
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Plaintiff’s Application for Attorneys’ Fees
filed on December 11, 2007, for March 17, 2008, at 3:30 p.m. for one hour in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
Phone: 602-506-0971
IT IS FURTHER ORDERED:
Oral argument shall not exceed thirty (30) minutes for each side. If extended oral
argument is necessary, counsel must so advise the Court no later than four court days prior to the
date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/14/2008
Docket Code 094
Form V094
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1 (b), A.R.C.P.
Counsel and any self-represented parties are advised that the Clerk of the Maricopa
County Superior Court has converted its case files to an electronic format and case files are
no longer made available to the divisions. Therefore, it is imperative that counsel follow
Maricopa County Local Rule 3.2 which requires counsel to deliver copies of motions and
responses to the division.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) Should an official transcript be required, you may request that the Court prepare
it. The party ordering the transcript must pay for it. With this new technology, a court reporter
is likely not required and the parties are encouraged to experience the Court's video-recording
system before requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings:
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
02/14/2008
Docket Code 094
Form V094
Page 3
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected].
Request for Daily Copy of Electronically Recorded Proceedings:
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of fee and present both the receipt and the
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/15/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
03/14/2007
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on April 2, 2007 and mandatory e-
filing will commence on April 23, 2007. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT E-FILED AFTER THE MANDATORY DATE WILL
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY E-FILED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
03/14/2007
Docket Code 530
Form V000A
Page 2
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory e-filing
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp. The Clerk's Office shall be available for
instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Moderators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “E-FILE CASE”.
The e-filing system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
E-Filed Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
03/15/2012
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
JUDGMENT SIGNED
IT IS ORDERED approving and settling the formal written modified Judgment signed
by the Court on March 15, 2012 and entered (filed) by the Clerk on March 15, 2012.
Please note: The Court has signed a hard-copy version of the modified Judgment
provided with an electronically filed pleading. Therefore, copies of the modified judgment were
not available for mailing to the parties. Copies of this modified judgment may be obtained from
the Customer Service Center located at 601 W. Jackson St., Phoenix, AZ 85003.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/03/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
RULE 16 PRETRIAL CONFERENCE SET

The Court having received Plaintiffs’ Request for Rule 16 Scheduling Conference,

IT IS ORDERED setting a 15-minute telephonic Comprehensive Pretrial Conference
pursuant to Rule 16(b) A.R.C.P. for April 23, 2007 at 9:45 a.m. in this division. PLAINTIFF
IS DIRECTED TO INITIATE THE CALL to this Division. Telephone number 602-506-2060.
IT IS FURTHER ORDERED that at least five (5) days prior to the scheduling
conference, the parties shall personally meet, confer, and prepare a Joint Pretrial Conference
Memorandum which specifically addresses the matters set forth in Rule 16(b)(1)-(18)A.R.C.P.
and a Discovery Scheduling Order setting forth those matters required under Rule 16(B)(1)-
(4)A.R.C.P. The memorandum shall be furnished to the Court no later than 5 days before the
Pretrial Conference setting forth the following:
1.
The parties' proposed schedule for additional discovery including depositions and all
other discovery pursuant to the rules of procedure or as agreed upon by the parties.
NOTE: The date for disclosure of non-expert witnesses must be at least forty-five days
before the completion of discovery.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/03/2007
Docket Code 041
Form V000A
Page 2
2.
The parties' proposed schedule for disclosure of expert witnesses and designation
pursuant to Rule 26(b)(4).
NOTE: The disclosure should be within ninety days of the scheduling conference except
upon a showing of good cause.
3.
The parties' proposed schedule for any agreed upon amendments to the pleadings and any
requested amendments to the pleadings.
4.
The parties' proposed date for a settlement conference.
The parties' proposed date for trial.
NOTE: The parties should come to the scheduling conference with the trial calendars of
the attorneys responsible for trial.
If there are any discovery disputes, they must be filed with the Court by motion at least
ten days prior to the scheduling conference. A response must be filed not less than three days
prior to the conference. No reply will be filed. The Court will assess any appropriate sanction if
the Court finds that any party or attorney engaged in unreasonable, groundless, abusive or
obstructionist discovery.
All counsel shall personally meet, confer, and prepare a Joint Pretrial Conference Memorandum
which specifically addresses the matters set forth in Rule 16(b)(1)-(18)A.R.C.P. and a Discovery
Scheduling Order setting forth those matters required under Rule 16(B)(1)-(4)A.R.C.P. The
memorandum shall be furnished to the Court no later than 5 DAYS BEFORE the Pretrial
Conference.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See Notice
below) Should an official transcript be required, you may request that the Court prepare it. The
party ordering the transcript must pay for it. With this new technology, a court reporter is likely
not required and the parties are encouraged to experience the Court's video-recording system
before requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/03/2007
Docket Code 041
Form V000A
Page 3
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy
of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service
Center. Attach the receipt showing payment of fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/16/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/14/2008
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
MINUTE ENTRY
Courtroom 704 – Central Court Building
11:08 a.m. This is the time set for oral argument regarding Plaintiffs’ Application for
Attorney’s Fees and Statement of Costs filed December 11, 2007. Plaintiffs are represented by
counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T. Minchey and
Michael R. Scheurich.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking these matters under advisement.
11:52 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/18/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/17/2008
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
JUDGMENT SIGNED
Plaintiff’s Application for Attorneys’ Fees, filed December 11, 2007, was orally argued
on April 14, 2008. The Court has considered the briefing and oral argument of the parties.
The Court has also reviewed the briefs filed in support of and in opposition to the
Verified Statement of Costs and Notice of Taxation of Costs, filed December 11, 2007, and the
Form of Judgment lodged by Plaintiff on December 11, 2007.
The Court’s rulings are set forth in the Judgment, signed by the Court and filed (entered)
by the Clerk on April 17, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
ROBERT C BROWN
ALTERNATIVE DISPUTE
RESOLUTION - CCC
PRETRIAL CONFERENCE
TRIAL & PRETRIAL MANAGEMENT CONFERENCE SET
9:45 a.m. (In Chambers) This is the time set for telephonic Rule 16 Pretrial Scheduling
Conference. Plaintiff is represented by counsel Jeffrey D. Gross. Defendant Carefree Foothills
Homeowners’ Association is represented by counsel Kevin T. Minchey. Defendant Dwyer is
represented by counsel Robert C. Brown.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
Discussion ensues re: mediation/settlement conference.
The parties shall participate in a mandatory Settlement Conference. This case is
referred to the court's Alternative Dispute Resolution for the appointment of a judge pro tempore
to conduct a settlement conference. Counsel and/or the parties will receive a minute entry
from ADR appointing the judge pro tempore. Counsel and any "pro per" parties will contact

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 2
the appointed judge pro tempore to arrange the date, time and location for the settlement
conference. The judge pro tempore is requested to conduct a settlement conference not later
than July 31, 2007. The Office of Alternative Dispute Resolution will not do the scheduling of
the settlement conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re: alternative to
ADR must be presented to the Court by no later than 5:00 p.m. on ****, 2007.
Pretrial matters are discussed.
IT IS ORDERED as follows:
I.
Setting a firm jury trial for November 14, 2007, at 9:00 a.m.,

Before:

Hon. John A. Buttrick

Maricopa County Superior Court
Central Court Building

Courtroom 704; Suite 7D

Phoenix, AZ 85003-2205
PHONE: 602-506-0971

Time allotted for trial: 4 days
II.
Closure of Discovery and Motions
A.
Rule 26.1
1.
Plaintiff shall disclose all expert witnesses and all of the information
required by Rule 26.1 (a)(6), Arizona Rules of Civil Procedure, by
5:00 p.m., on July 2, 2007.
2.
Defendant shall disclose all expert witnesses and all of the
information required by Rule 26.1(a)(6), Arizona Rules of Civil
Procedure, by 5:00 p.m., on August 1, 2007.
3.
The parties shall simultaneously disclose all rebuttal expert witnesses
and all of the information required by Rule 26.1(a)(6), Arizona Rules
of Civil Procedure, by 5:00 p.m., on September 4, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 3
4.
The parties shall exchange simultaneous supplemental or updated
non-expert disclosure statements by 5:00 p.m., on September 4,
2007. No information disclosed after that date may be used at trial,
absent Court Order on Motion and Affidavit.
B.
Pretrial Motions
Motions in Limine meeting the test of State v. Superior Court, 108 Ariz.
396, 499 P.2d 1521 (1972) and Rule 7.2, Ariz. Rules of Civil Procedure, if
any, shall be filed at least 30 calendar days before the final pretrial
management conference. If there is no final pretrial management
conference, the motions shall be filed at least 30 days before the trial
date. Counsel are required to meet and confer before filing any motion
in limine.
C.
Discovery Cutoff
All discovery shall be completed by September 28, 2007.
D. Dispositive Motions
All dispositive motions must be filed no later than August 13, 2007.
III.
Pretrial Management Conference set:
IT IS ORDERED setting a final Pretrial Management Conference for
October 22, 2007 at 10:00 a.m.,(Allotted time: 30 minutes) with counsel to
appear in person.
Joint Pretrial Statement
The Joint Pretrial Statement (JPTS), in accordance with Rule 16(d),
Arizona Rules of Civil Procedure, is due in this Division by five days prior to
the Pretrial Management Conference. Counsel are to notify the Court at that
time if an interpreter or any special equipment will be needed during trial.
In addition to the information required by the Arizona Rules of Civil
Procedure Rule 16(d), counsel are to identify in the JPTS all deposition or other
transcribed testimony that may be offered at trial. The proposed testimony is to

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 4
be identified by reference to page and line numbers. Objections and the reasons
for objections to such testimony, if any, are also to be set forth.
Also, with the JPTS, counsel shall deliver to this Division, copies of the
following:
Proposed voir dire questions.
A joint set of agreed-upon preliminary and final jury instructions are to be
submitted on disk in Word format.
Separate sets of requested instructions that have not been agreed upon are
to be submitted on disk in Word format. Please read Rosen v. Knaub, 175 Ariz.
329, 857 P.2d 381 (1993); and the RAJI Civil 3d Statement of Purpose and
Approach before preparing the request for non-RAJI instructions.
Proposed Findings of Fact and Conclusions of Law, if a request has been
or will be filed. If no proposed Findings of Fact and Conclusions of Law is
received, the request shall be deemed waived.
In trial by jury, the parties shall jointly prepare a brief summary of the
case which the Court will read to the jury at the commencement of voir dire.
Exhibits
Counsel shall deliver to the Division the parties' exhibits along with a description of each
exhibit [a hard copy plus (IF POSSIBLE) on an IBM-Compatible, 3.5 diskette in Microsoft Word
95 or 97] no later than 7 working days prior to trial. Counsel may e-mail the list of exhibits with
their descriptions to the assigned clerk (then no need for diskette).Identify each exhibit with its
number; for example, attach a Post-it Note to each exhibit or separate each exhibit with a colored
sheet of paper with the exhibit number written on it. If counsel have more than 100 exhibits each,
submit exhibits in a three-ring binder with numbered-tabbed sheets separating each. A second copy
of the exhibits is appreciated for use by Judge Buttrick.
(1)
Counsel shall call before the above date to inform the assigned clerk, of the number of
exhibits and the date counsel intend to deliver the exhibits, along with their list with a description of
each exhibit on it prior to trial. When counsel calls, the assigned clerk shall provide counsel with a
block of numbers for numbering that party’s exhibits. If counsel intend to submit more than 25
exhibits each, counsel shall make arrangements with the clerk to provide assistance with attaching
the exhibit tags to the exhibits at the time the exhibits are delivered to the division prior to trial or

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 5
counsel may send a runner to the Division to pick up the tags in order for counsel to attach the tags
to the exhibits at counsel's office (inform the clerk of this election prior to pickup).
(2) Keep the descriptions of the exhibits simple (name of document; date). Don’t use a description
that can’t be verified by looking at the document. For example, if you have a doctor’s report, but it
doesn’t say “doctor’s report” on the document, use another description or add a title page that says
“doctor’s report”.
(3) Number the exhibits serially -- 1, 2, 3 etc., (not 1(a), 1(b). Don't skip numbers.

(4) Counsel shall do their best to eliminate duplication of exhibits.
(5) Do not list depositions on the Exhibit Description Form; they are filed in separately by the
clerk.
(6) List only the exhibits delivered to the clerk prior to trial. Do not list exhibits to be delivered at a
later date, introduced at trial, or opposing party's exhibits.
EXAMPLE FOR PLAINTIFF

Caption: John Doe v. Jane Doe Cause No.: CV1999-000210
Plaintiff's Exhibits (All exhibits are copies unless noted)
1. Letter to John Doe from Jim Smith, 1/1/98
2.
Medical records of John Henry Hospital, 1994-98
3. Deed to 1101 N. Central Avenue, Phoenix, AZ, 1/1/98
EXAMPLE FOR DEFENDANT

Caption: John Doe v. Jane Doe Cause No.: CV 1999-000210
Defendant's Exhibits (All exhibits are copies unless noted)
4. Letter to Henry Johnson from Carol Smith, 1/1/99
5. Medical records from Dr. J. Brown, 1994-98
6.
Deed to 7201 N. Washington St, Phoenix, AZ, 1/1/98
(7) Please email the completed Exhibit Description List as soon as possible to the assigned clerk.
Then arrange with the clerk to bring the completed Exhibit Description List and numbered exhibits

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 6
to Judge Buttrick’s Division (CCB 704; Suite 7-D) along with the description of all exhibits on
disk.
(8) If there are any questions concerning exhibits, please call. All other questions are to be
directed to the Division's Judicial Assistant.

(9) Keep the descriptions simple. Include title and type of document and date of document.
(10) Don't include the bate #s (should you use bate #s) in your descriptions of the exhibits.
(11) Please provide descriptions of exhibits on a floppy disk when you bring the exhibits to the
clerk at least 5 days prior to trial/hearing.
Thank you for your cooperation.
10:00 a.m. Conference concludes.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. Should
an official transcript be required, you may request that the Court prepare it. The party ordering
the transcript must pay for it. With this new technology, a court reporter is likely not required
and the parties are encouraged to experience the Court's video-recording system before
requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
Fee for Copies of Electronically Recorded Proceedings
A fee of $20.00 will be charged for each copy of superior court proceedings digitally recorded
and provided on compact Disc (CD) and for each copy of a superior court proceeding provided
on videotape. The fee is due when the CD or videotape is picked up. Cash and in-state checks
will be accepted for payment. Please make checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
04/23/2007
Docket Code 089
Form V000A
Page 7
The pick-up location for CD or videotape copies of superior court proceedings recorded in
downtown Phoenix will be the court’s Self Service Center located in the Law Library on the first
floor of the East Court Building. Fees will be collected at the Self Service Center. Copies of
superior court proceedings recorded at the court’s Southeast Facility in Mesa and at the court’s
Northwest Facility in Surprise may be picked up, and fees paid, at the Self Service Centers at
those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy of a
court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service Center.
Attach the receipt showing payment of fee and present both the receipt and the form to the courtroom
clerk or bailiff. For copies of hearings or trial proceedings recorded previously, please call Electronic
Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/20/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
05/16/2008
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
HEARING SET
IN CHAMBERS:
3:40 p.m. This is the time set for emergency telephonic status conference. Plaintiff is
represented by counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T.
Minchey and Michael R. Scheurich.
No court reporter is present.
The Court has before it Defendant Carefree Foothills Homeowners’ Association’s Rule
62(b) Motion to Stay the Judgment and to Determine the Amount of Bond, filed May 16, 2008.
Discussion is held.
IT IS ORDERED setting a hearing in this division regarding determination of the
amount of Supersedeas Bond under Ariz. R. App. P. 7(a) on May 20, 2008, at 4:30 p.m. for 30
minutes.
4:05 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
05/20/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
FINANCIAL SERVICES-CCC
MINUTE ENTRY
Courtroom 704 – Central Court Building
4:42 p.m. This is the time set for hearing on Defendant Carefree Foothills Homeowners’
Association’s Motion to Stay. Plaintiff is represented by counsel, Jeffrey D. Gross. Defendants
are represented by counsel, Kevin T. Minchey and Michael R. Scheurich.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held and evidence is presented.
For the reasons stated on the record,
IT IS ORDERED setting Supersedeas Bond amount under Ariz. R. App. P. 7(a) at
$425,000.00 (four hundred twenty-five thousand dollars). Further, execution of the Judgment in
this matter is stayed pursuant to Ariz. R. Civ. P. 62(b) until disposition of the pending Rule 59
motions.
5:29 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/01/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
05/30/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument for June 26, 2007 at 3:00 p.m. on the following
motion:
•
Plaintiff’s Motion for Summary Judgment
Before:

Hon. John A. Buttrick

Maricopa County Superior Court
Central Court Building

Courtroom 704; Suite 7D
Phoenix, AZ 85003-2205
PHONE: 602-506-0971

ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
05/30/2007
Docket Code 094
Form V000A
Page 2
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy
of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service
Center. Attach the receipt showing payment of fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/04/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/03/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
The Court has reviewed Plaintiff’s May 22, 2008 filing and deems it a Motion for
Reconsideration.
Defendant shall file a Response on or before June 9, 2008. No oral argument or Reply
shall be allowed unless ordered by the Court.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/05/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ORAL ARGUMENT SET
IT IS ORDERED scheduling a second motion for oral argument for June 26, 2007 at
3:00 p.m. on the following motion:
•
Defendants’ Joint Motion to Continue Deadline to File a Response to Plaintiff’s
Motion for Summary Judgment under Rule 50(f)
Also pending:
•
Plaintiff’s Motion for Summary Judgment
Before:

Hon. John A. Buttrick

Maricopa County Superior Court
Central Court Building

Courtroom 704; Suite 7D

Phoenix, AZ 85003-2205
PHONE: 602-506-0971

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/05/2007
Docket Code 094
Form V000A
Page 2
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy
of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service
Center. Attach the receipt showing payment of fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/05/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED correcting the minute entry dated June 3, 2008 to reflect the following:
The Court has reviewed Defendants’ May 22, 2008 filing….
Plaintiffs shall file a Response on or before June 9, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/28/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/19/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
W. Yank
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
The Court has received Plaintiff’s Motion to Continue the June 26, 2007 Oral Argument
at 3:00 p.m.
IT IS ORDERED granting Plaintiff’s Motion to Continue the June 26, 2007 Oral
Argument. The June 26, 2007 Oral Argument set for 3:00 p.m. is vacated and reset for August
20, 2007 at 9:30 a.m. before:
Hon. John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704
Phoenix, AZ 85003-2205
PHONE: 602-506-0971

Michael K. Jeanes, Clerk of Court
*** Filed ***
06/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/24/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
RULING
The Court has received and reviewed Defendants, Carefree Foothills Homeowners’
Association and Dwyers, Joint Renewed Motion for Judgment as a Matter of Law, Motion for a
New Trial, and Motion to Alter or Amend the Judgment, filed April 25, 2008, and the subsequent
briefing.
This matter having been under advisement,
Defendants’ Joint Renewed Motion for Judgment as a Matter of Law, and Motion to
Alter or Amend the Judgment, filed April 25, 2008, is denied.
Defendants have failed to meet their burden under Ariz. R. Civ. P. 50 and 59.
The Court has also received and reviewed Plaintiff’s Motion to Amend Judgment, filed
April 29, 2008, and the subsequent briefing.
This matter having been under advisement,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
06/24/2008
Docket Code 019
Form V000A
Page 2
Plaintiff’s Motion to Amend Judgment, filed April 29, 2008, is also denied.
The Motion seeks to reargue issues already briefed and decided regarding the form of
Judgment. No new arguments are made and the Court sees no reason to revise the Judgment at
this time. It comports with the jury verdict.
DONE IN OPEN COURT this 24th day of June, 2008.
/ s / HON. JOHN A. BUTTRICK
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
07/03/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
MINUTE ENTRY
The Court previously deemed Defendant’s May 22, 2008 filing to be a Motion for
Reconsideration. [Minute Entries dated June 3, 2008 and June 5, 2008]
The Court has considered the Motion and Plaintiff’s Response, filed on June 9, 2008.
The Motion for Reconsideration is denied. The supersedeas bond amount was correctly
determined for the reasons stated on the record at oral argument held on May 20, 2008.

Michael K. Jeanes, Clerk of Court
*** Filed ***
07/24/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
07/22/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
EDM-QC-CCC
FINANCIAL SERVICES-CCC
MINUTE ENTRY
THE COURT FINDS that good cause exists to believe that the original Bond in this cause
number has been lost or destroyed, and that a substituted Bond signed by the Court this date, is a
true and correct copy of the original or otherwise constitutes the best available record of the missing
document.
Good cause appearing,
IT IS ORDERED substituting the duplicate Bond for the lost or missing original and
authorizing the Clerk of the Court to file and process the same.
FILED: BOND 929440605, signed by the Court and filed (entered) by the Clerk this date.
/ s / HON. JOHN A. BUTTRICK
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/27/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
07/26/2011
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
COURT ADMIN-CIVIL-CCC
JUDGE BUTTRICK
JUDGE HERROD
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Buttrick. A Notice of Change of
Judge has been filed by Defendant. The case was transferred to the Presiding Civil Judge for
reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ09, the Honorable
Herrod, for all further proceedings. If any objections to the Notice of Change of Judge are filed,
the noticed judge retains jurisdiction to hear and decide the objections. Any objections must be
filed and a copy delivered to the noticed judge within twenty days of the date of this order.
Pending:
⋅None
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/01/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
07/29/2011
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
R. Aguilera
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ROBERT GENMILL
NO ADDRESS ON RECORD
NATIONAL CITY MORTGAGE CO
NO ADDRESS ON RECORD
COMM. FRENCH
COURT ADMIN-CIVIL-CCC
JUDGE HERROD
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Michael Herrod, who has
disqualified himself. The case was transferred to the Presiding Civil Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ10, Judge Pro Tem
Colleen French, for all further proceedings.
Pending:
⋅Appeal from the Superior Court in Maricopa County: Affirmed in
Part; Reversed in Part and Remanded
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
08/09/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
On this Court’s own Motion,
IT IS ORDERED resetting the Final Pre-Trial Conference to October 22, 2007 at 4:30
p.m. in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
PHONE: 602-506-0971

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/12/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
08/11/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
STATUS CONFERENCE SET
This case having been recently reassigned to this division,
IT IS ORDERED setting a Telephonic Status Conference for September 13, 2011 at
10:00 a.m. (time allotted: 15 minutes) in this Division. Counsel for Plaintiff shall initiate the
conference call to this Division at 602-506-4567. The parties and counsel shall not be
permitted to participate in conferences via cell phones or speakerphones.
NOTE: All court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by calling this Division five (5) judicial
days before the scheduled hearing.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
08/16/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ROBERT C BROWN
KEVIN T MINCHEY
MINUTE ENTRY
9:08 a.m. This is the time set for telephonic Status Conference regarding Defendants’
Joint Motion to Continue the Oral Argument on Plaintiff’s Motion for Summary Judgment filed
August 15, 2007. Plaintiff is represented by counsel, Jeffrey D. Gross. Defendants are
represented by counsel, Robert C. Brown and Kevin T. Minchey.
Court reporter is not present.
Case status is discussed.
IT IS ORDERED vacating Oral Argument set for August 20, 2007.
IT IS FURTHER ORDERED resetting Oral Argument on Plaintiff’s Motion for
Summary Judgment to be argued together with Defendants’ Motion for Summary Judgment
filed August 13, 2007 for September 25, 2007 at 8:30 a.m. (1 Hour) in this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
08/16/2007
Docket Code 003
Form V000A
Page 2
IT IS FURTHER ORDERED that Plaintiff shall file the Response to Defendants’
Motion for Summary Judgment on or before September 7, 2007. Defendants’ shall file their
Reply on or before September 14, 2007.
9:22 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/14/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
J. Polanco
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
THIS IS A TRIAL SETTING ORDER
PLEASE READ CAREFULLY FOR COMPLIANCE
Courtroom 514- East Court Building
10:01 a.m. This is the time set for Telephonic Status Conference regarding the remand of
the case from the Court of Appeals. Plaintiff is represented by counsel, Jeffrey D. Gross. Class
Representative Carefree Foothills Homeowners’ Association and class members John P. Dwyer,
Jr. and Janet G. Dwyer are represented by counsel, Kurt M. Zitzer.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Case status and trial scheduling are discussed.
IT IS ORDERED setting this matter for a Four (4) day jury trial for January 30, 2012-
February 2, 2012 at 9:30 a.m. in this Division before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 2
The Honorable Colleen French
Maricopa County Superior Court
East Court Building, Fifth Floor
101 West Jefferson, Courtroom 514
Phoenix, AZ 85003
Phone: 602-506-4567
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday
This is a firm trial setting. A motion to continue based on lack of preparation will
ordinarily not be granted.
IT IS ORDERED setting a Final Trial Management Conference for January 6, 2012 at
10:00 a.m. (time allotted: 30 minutes). Counsel shall appear in person for the conference.
NOTE: All court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by calling the Division five (5) judicial
days before the scheduled hearing.
10:06 a.m. Conference concludes.
Based upon the foregoing trial setting,
IT IS ORDERED as follows:
PRETRIAL PROCEEDINGS
Motions in limine shall be filed no later than December 1, 2011. Motions in limine may
and shall be filed only in accordance with Rule 7.2, Rules of Civil Procedure (effective
December 1, 2004). Prior to filing any motion in limine, the parties must meet and confer to
attempt to resolve issues to be raised by such motions, and any motions in limine must
include a certification that they have done so. Unless prior written leave of Court is obtained
for good cause shown, no party may file more than three (3) motions in limine, including all
subparts. The parties shall not file motions denominated as “in limine” that are, in substance,
late-filed motions for summary judgment. All motions in limine, whether filed before or after the
date of this minute entry will be considered at the pretrial management conference unless counsel
advises the Court that any such motion needs to be resolved sooner to assist resolution of the
case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 3
PRETRIAL STATEMENT AND MANAGEMENT CONFERENCE DUTIES
A joint pretrial statement (JPTS) is due no later than December 30, 2011. The following
shall be filed with the JPTS:
A.
Proposed voir dire questions to be asked by the court, if any.
B.
A list of all witnesses who the party intends to call at trial in the order in
which the party intends to call the witness, together with the estimated
time needed for direct, cross, and redirect examinations.
C.
A joint set of agreed-upon jury instructions and verdict forms. In
addition, each party shall provide separate sets of any requested
instructions that have not been agreed upon. (Please review Rosen v.
Knaub, 175 Ariz. 329, 857 P.2d 381 (1993) and the RAJI Civil 4th
Statement of Purpose and Approach before requesting non-RAJI
instructions.) Recommended Arizona Jury Instructions (RAJI (Civil) 4th)
need not be retyped, but should be listed, for example, in the following
manner:
RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
RAJI Negligence 1 - - Violation of Statute
NON-RAJI INSTRUCTIONS should be typed, each numbered
consecutively, one per page with a heading [i.e.: Plaintiff’s Instruction No.
2, etc], and with authority for the instruction. Non-RAJI instructions and
verdict forms should also be submitted in Word format.
D.
RAJI Preliminary 14 – Claims Made and Issues To Be Proved, a brief
statement should be jointly drafted and submitted separately in Word
Format.
E.
A stipulated brief summary of the case, which the court can read at the
outset of voir dire.
F.
A list, by page and line numbers, of all deposition or other transcribed
testimony that may be offered at trial, other than for impeachment,
including designations of testimony that a party believes ought in fairness
to be introduced pursuant to Rule 32(a) with testimony to be offered by an

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 4
opponent. The court shall also be provided with copies of those parts of
any such testimony to which objection is made, indicating the testimony
objected to and the reasons for such objection. Any objection not so
included is waived. Since jurors generally prefer narrative summaries,
with brief excerpts of questions and answers, to reading many pages of
testimony, the parties should confer as to whether agreed-upon summaries
can be prepared.
G.
A list of all marked exhibits containing a brief description of each exhibit,
as well as the objections, if any, to such exhibits and the reasons for such
objection. Any objections not so included are waived.
At the FTMC, counsel who will try the case shall appear and be prepared to discuss and
resolve:
A.
Allocation of trial time among the parties and, if appropriate, time limits
for voir dire, opening statements, witness examinations, and closing
arguments.
B.
Stipulations and objections regarding witnesses and exhibits. If time
permits, the court will rule on objections at the Pretrial Management
Conference.
C.
Jury instructions, juror notebooks, and verdict forms.
D.
Deposition summaries and excerpts from depositions including objections
thereto.
E.
Scheduling, equipment, or interpreter issues.
F.
Status of settlement efforts.
G.
Motions in limine and other pending motions.
H.
Other matters addressed in the updated joint pretrial statement.
One day’s jury fees will be assessed unless the court is notified of settlement by 2:00 p.m.
on the judicial day before trial. Counsel are reminded to promptly notify the Court of any
settlement pursuant to Rule 5.1(c)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 5
ATTORNEYS AND ASSISTANTS
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY
•
Exhibits to be offered at trial shall be delivered no later than January 6, 2012 along with
a brief description of each exhibit to the Division’s clerk for marking.
•
Exhibits should be submitted to the clerk in a three-ring binder, each separated by a
tabbed numbered divider. If exhibits are submitted without a binder, then they shall be
separated by a colored sheet of paper with the exhibit number written on front. Each
exhibit shall be clipped or bound if too large to be stapled.
•
The list of exhibits should contain the case number and caption, the scheduled trial date,
the party submitting the exhibits, the exhibit number, and a simple description of the
exhibit. Keep the descriptions of the exhibits simple. Do not use a description that
cannot be verified by looking at the document or item. Do not include Bates numbers in
your description of the exhibits.
•
Exhibits shall be marked numerically and consecutively beginning with Plaintiff’s
exhibits and continued sequentially with Defendant’s exhibits (i.e. Plaintiff’s exhibits 1,
2, 3, Defendant’s exhibits 4, 5, 6). If exhibits are split, number the split exhibits as 1.001,
1.002, 1.003, etc. Letter designations such as 5(a), 5(b), 5 (c), etc. shall not be used. Do
not skip numbers. Numbers will not be skipped or saved in anticipation of additional
exhibits to be submitted. Any missing or skipped exhibits shall be designated as
“Unused.” Additional exhibits, if necessary, may be marked during the course of trial.
•
Counsel shall eliminate duplication of exhibits as duplicate exhibits will not be marked.
If duplicate exhibits exist and they are removed by the clerk and not marked, the court’s
numbering will not be consistent with the list counsel provide. Counsel shall, therefore,
confer regarding exhibits to insure that there are no duplicates.
•
Do not list depositions on the exhibit description list as depositions will not be marked as
exhibits. Original depositions shall be provided to the clerk at the time of trial for filing
into the court record. Counsel shall retain a copy of the depositions for their use during
the trial as the original depositions remain with the clerk to be used as reference by the
trial judge during testimony.
•
Blow-up charts and large items may only be used for demonstrative purposes. Counsel
may bring blow-up charts and large items to court to use during trial; however, if counsel
would like any blow-up charts or large items marked as an exhibit, they must provide the
clerk with an 8-1/2 x 11 photograph of the item.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/13/2011
Docket Code 089
Form V000A
Page 6
•
If you have any questions regarding these guidelines or anything related to exhibits,
contact this division’s clerk at (602) 372-3189.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative
Order 2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases.
Civil cases must still be initiated on paper; however, subsequent documents must be eFiled
through AZTurboCourt unless an exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/19/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/16/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER COLLEEN L. FRENCH
J. Polanco
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
ORAL ARGUMENT SET
The Court having received Defendant Carefree Foothills Homeowners Associations’
Application for Attorney Fees and Costs, electronically filed on August 10, 2011, and all
subsequent briefing,
IT IS ORDERED setting Oral Argument on the aforementioned Motion for October 14,
2011 at 1:30p.m. (time allotted: 30 minutes) in this Division before:
The Honorable Colleen French
Maricopa County Superior Court
East Court Building, Fifth Floor
101 West Jefferson, Courtroom 514
Phoenix, AZ 85003
Phone: 602-506-4567
NOTE: All court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by calling this Division five (5) judicial
days before the scheduled hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/16/2011
Docket Code 094
Form V000A
Page 2
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative
Order 2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases.
Civil cases must still be initiated on paper; however, subsequent documents must be eFiled
through AZTurboCourt unless an exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
09/24/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
ROBERT C BROWN
KEVIN T MINCHEY
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED vacating Oral Argument set for September 25, 2007 and resetting
same to October 1, 2007 at 3:00 p.m. in this division. Time allotted: 1 Hour.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/01/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
Courtroom 704 – Central Court Building
3:01 p.m. This is the time set for oral argument. Plaintiff is represented by Jeffrey D.
Gross. Defendant is represented by counsel, Kurt M. Zitzer.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
4:13 p.m. Matter concludes.
LATER:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/01/2007
Docket Code 005
Form V000A
Page 2
Oral argument on the parties’ cross motions for summary judgment (filed on April 6,
2007 and August 13, 2007) were held in this matter on October 1, 2007 and both motions were
taken under advisement at that time. The Court has reviewed the entirety of the briefing and has
considered the arguments of counsel.
The question central to the parties’ respective positions is whether Plaintiff has an
implied “way of necessity” easement which would allow him to build a road across lot 24 to the
parcel he owns adjacent to the Defendant’s subdivision. All concede that on its face such a road
would violate the subdivision CC & R’s.
The parties disagree concerning whether the property in question is “landlocked.” They
also disagree as to whether and to what extent the property could be developed if Plaintiff gains
access to the property from the north. They disagree as to whether a road could be built which
would connect the north and south halves of the property. They disagree as to whether the
Defendant has waived the relevant CC & R provision. This last is a mixed question of fact and
law.
Finally, the parties dispute whether Plaintiff can muster sufficient evidence to meet its
burden to prove all the factual elements to establish an implied way of necessity.
While the Court recognizes that many of the issues remaining turn on legal rulings (e.g.
the precise state of Arizona law regarding whether a way of necessity can ever be recognized
where the Plaintiff has access to some part of the land in question), material factual disputes
predominate here and must be determined by the trier of fact.
Both motions are denied.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/05/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/04/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
BRIAN E DITSCH
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument for October 30, 2006 at 1:30 p.m. on the
following motion:
•
Plaintiff’s Motion for Class Certification
Before:

The Honorable Kenneth Fields

Maricopa County Superior Court
Central Court Building

Courtroom 704
Phoenix, AZ 85003
PHONE: 602-506-2060
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/04/2006
Docket Code 094
Form V000A
Page 2
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy
of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service
Center. Attach the receipt showing payment of fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/19/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/14/2011
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
T. Melius
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
BRIAN E DITSCH
MINUTE ENTRY
1:34 p.m. This is the time set for Oral Argument regarding Defendants’ Motion for
Attorney Fees. Plaintiffs are represented by counsel, Jeffrey D. Gross. Defendants are
represented by counsel, Jordan Plitt, for Kurt M. Zitzer.
A record of the proceedings is made by audiotape in lieu of a court reporter.
Arguments are presented to the Court.
IT IS ORDERED taking the matter under advisement.
2:08 p.m. Hearing concludes.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/14/2011
Docket Code 005
Form V000A
Page 2
LATER:
The Court finds that Defendants’ request for attorney’s fees pursuant to the terms of the
CC&R’s, made for the first time at today’s evidentiary hearing, to be untimely and that they have
waived this claim by not including it in their previously briefed Application for Attorney’s Fees.
Additionally, Defendants have not demonstrated that attorney’s fees and costs are, in fact, even
available under these circumstances pursuant to the CC&R’s. Therefore,
IT IS ORDERED denying Defendants’ request for an award of attorney’s fees and costs
pursuant to the terms of the CC&R’s.
Regarding Defendants’ request for an award of attorney’s fees and costs pursuant to
A.R.S. § 12-341.01, the Court finds that, until this litigation is concluded, it is not possible to
determine who is the prevailing party. Therefore,
IT IS ORDERED denying Defendants’ Application for Attorney’s Fees and Costs as
premature, as it relates to A.R.S. § 12-341.01.
The Court of Appeals awarded Defendants attorney’s fees on appeal totaling $35,094.00,
and costs in the amount of $15,174.01.
IT IS ORDERED affirming the award of attorney’s fees and costs to Defendants on
appeal, and adopting that order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/22/2007
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
FINAL PRE-TRIAL MANAGEMENT CONFERENCE
IN CHAMBERS:
4:30 p.m. This is the time set for Final Pre-Trial Management Conference. Plaintiffs are
represented by counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T.
Minchey and Robert C. Brown.
No court reporter is present.
IT IS ORDERED DENYING
Defendants’ Carefree Foothills Homeowners’
Association’s Motion in Limine Regarding David Gratton and Dr. Eric Korsten filed September
21, 2007.
Pre-trial conference is conducted.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/22/2007
Docket Code 027
Form V000A
Page 2
IT IS ORDERED affirming the trial date of November 14, 2007, at 9:30 a.m., four (4)
days to a jury, in this division. Counsels are to be present at 9:00 a.m. to discuss any pre-trial
matters. The court conducts jury trials Tuesday through Friday, 9:30 a.m. to noon and 1:30 p.m.
to 4:30 pm. There will be a morning and afternoon recess of 15 minutes.
IT IS FURTHER ORDERED setting a telephonic status conference regarding trial date
scheduling in this division on November 1, 2007, at 9:00 a.m. for 15 minutes.
IT IS FURTHER ORDERED AS FOLLOWS:
1. The court will conduct voir dire. At the conclusion of the court's questioning, each
side will have an opportunity to ask questions of the panel.
2. There will be 1 alternate juror selected for the trial. The parties have stipulated
that if only 7 jurors remain at the close of evidence, a verdict of 5 out of 7 shall be
sufficient to render a verdict. If all 9 jurors remain at the close of evidence, the
parties have agreed that all jurors shall deliberate and that a verdict of 7 of 9 will
be sufficient to render a verdict.
3. The court will summon a panel of 30 prospective jurors.
4. Counsel invokes Arizona Rule of Evidence 615.
5. The court informs the parties that all exhibits are due to the clerk no later than
November 7, 2007. The parties shall not submit duplicative exhibits.
6. Counsel are to provide each other with any demonstrative exhibits they intend to
use at least 24 hours prior to trial.
5:05 p.m. Matter concludes.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) Should an official transcript be required, you may request that the Court prepare
it. The party ordering the transcript must pay for it. With this new technology, a court reporter
is likely not required and the parties are encouraged to experience the Court's video-recording
system before requesting a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/22/2007
Docket Code 027
Form V000A
Page 3
If a court reporter is required, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected].
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of fee and present both the receipt and the
form to the bailiff. For copies of hearings or trial proceedings recorded previously, please call
Electronic Records Services at 602-506-7100.
Counsel and any self-represented parties are advised that the Clerk of the Maricopa
County Superior Court has converted its case files to an electronic format and case files are
no longer made available to the divisions. Therefore, it is imperative that counsel follow
Maricopa County Local Rule 3.2 which requires counsel to deliver copies of motions and
responses to the division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/30/2006
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
ORAL ARGUMENT
MOTION TAKEN UNDER ADVISEMENT
1:32 p.m. This is the time set for Oral Argument on Defendants’ Motion for Class
Certification Re: “opt out” provision. Plaintiff is represented by counsel Jeffrey Gross.
Defendants are represented by counsel Kevin Minchey.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
Oral argument having been presented,
IT IS ORDERED taking Defendants’ Motion for Class Certification Re: “opt out”
provision under advisement.
1:43 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/02/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
10/31/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
RULING
The Court has under advisement Plaintiff’s Motion for Class Certification.
After consideration of the pleadings and arguments of counsel,
IT IS ORDERED granting the motion. There is no opposition to the request for class
certification. The Court further orders that the plaintiff bear the costs of notice to all members of
the class of the pending action. Plaintiffs’ counsel shall submit a form of notice after consulting
with defendant for Court approval as well as a plan or method of the best possible notice to all
class members under the circumstances here.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/01/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
IN CHAMBERS:
9:00 a.m. This is the time set for telephonic status conference. Plaintiff is represented by
counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T. Minchey and
Michael R. Scheurich.
No court reporter is present.
The Court has before it a Notice of Trial Conflict filed October 25, 2007.
Matters are discussed.
IT IS ORDERED setting a telephonic status conference on November 2, 2007, at 1:15
p.m. for 15 minutes in this division to discuss trial scheduling.
9:15 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/02/2007
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
GARY L BIRNBAUM
MINUTE ENTRY
IN CHAMBERS:
1:25 p.m. This is the time set for telephonic status conference. Plaintiff is represented by
counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T. Minchey and
Michael R. Scheurich.
No court reporter is present.
Matters are discussed.
IT IS ORDERED reconfirming Trial to a Jury on November 14, 2007, at 9:00 a.m. for
four (4) days in this division. The parties stipulate that out-of-state witnesses may testify out of
order.
IT IS FURTHER ORDERED setting a pre-trial conference on November 13, 2007, at
3:00 p.m. for one hour in this division to settle final jury instructions.
1:30 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/13/2007
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
PRE-TRIAL MANAGEMENT CONFERENCE
Courtroom 704 – Central Court Building
3:12 p.m. This is the time set for Pre-Trial Management Conference. Plaintiff is
represented by counsel, Jeffrey D. Gross. Defendants are represented by counsel, Kevin T.
Minchey and Michael R. Scheurich.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Pre-trial conference is conducted and jury instructions are settled.
Trial scheduling is discussed.
The Court is advised that Plaintiff’s witnesses include the following individuals:
David B. Vanyo

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/13/2007
Docket Code 027
Form V000A
Page 2
Greg Gentsch
Donald Duncan
The Court is further advised that Defendants’ witnesses include the following
individuals:
Ralph Applegate
David Schwan
John Ratliff
James Murphy
Whitney Smelser
Bob Gemmill
John Dwyer
Trial to a Jury shall commence on November 14, 2007, at 9:30 a.m.
4:18 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/14/2007
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
TRIAL MINUTE ENTRY
DAY 1
Courtroom 704 – Central Court Building
Prior to the commencement of trial, Plaintiff’s Exhibits 1 through 26 and Defendants’
Exhibits 27 through 58 are marked for identification.
FILED: Deposition of Whitney Smelser, R.L.S.
FILED: Deposition of David B. Vanyo.
FILED: Deposition of James Farris Murphy.
FILED: Deposition of Jeffrey Rybarczyk, P.E.
9:37 a.m. This is the time set for Trial to a Jury. Plaintiff is present with counsel, Jeffrey
D. Gross. Defendants’ are present with counsel, Kevin T. Minchey and Michael R. Scheurich.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/14/2007
Docket Code 012
Form V012
Page 2
The jury is not present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Trial and jury selection procedures are discussed.
Pursuant to stipulation,
Plaintiff’s Exhibits 1, 2, 5 through 22, 25, 26 and Defendants’ Exhibits 27 through 30, 33,
37, 38, 41, 42, 45, 47, 53, 54, and 56 through 58 are received in evidence.
9:52 a.m. Court stands at recess.
Plaintiff’s Exhibit 59 is marked for identification.
10:32 a.m. Court reconvenes with respective parties and counsel present.
Court reporter, Brenda Brown is present and a record of the proceedings is made by
CD/videotape.
Voir dire examination of prospective jurors.
Bench conference is held.
Counsel pass the panel.
The jury is excused.
12:05 p.m. Court stands at recess.
1:50 p.m. Court reconvenes with respective parties and counsel present.
Court reporter, Brenda Brown is present and a record of the proceedings is made by
CD/videotape.
Nine (9) persons are selected and sworn to act as trial jurors in this cause.
FILED: Jury List.
The Preliminary Instructions are read to the jury by the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/14/2007
Docket Code 012
Form V012
Page 3
FILED: Preliminary Instructions.
Bench conference is held.
Opening statements.
2:58 p.m. The jury is excused from the courtroom and court stands at recess.
3:16 p.m. Court reconvenes with respective counsel and parties present.
Court reporter, Brenda Brown is present and a record of the proceedings is made by
CD/videotape.
The rule of exclusion of witnesses is invoked.
Plaintiff’s case:
David B. Vanyo is sworn and testifies.
Greg Gentsch is sworn and testifies.
The witness is excused.
Donald Duncan is sworn and testifies.
4:30 p.m. The jury is excused for the evening recess and court remains in session.
Pursuant to stipulation,
Plaintiff’s Exhibit 59 is received in evidence.
4:32 p.m. Court stands at recess until November 15, 2007, at 9:30 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/15/2007
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
TRIAL MINUTE ENTRY
DAY 2
Courtroom 704 – Central Court Building
9:25 a.m. Trial to a Jury continues from November 14, 2007. Plaintiff is present with
counsel, Jeffrey D. Gross. Defendants’ are present with counsel, Kevin T. Minchey and Michael
R. Scheurich.
The jury is not present.
Court reporter, Laura Ashbrook is present and a record of the proceedings is made by
CD/videotape.
Pursuant to stipulation,
Defendant’s Exhibits 60 and 61 are marked for identification and received in evidence.
9:29 a.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/15/2007
Docket Code 012
Form V012
Page 2
9:36 a.m. Court reconvenes with respective counsel and parties present.
The jury is present.
Court reporter, Laura Ashbrook is present and a record of the proceedings is made by
CD/videotape.
Plaintiff’s case continues:
Donald Duncan resumes the stand and testifies further.
The witness is excused.
Plaintiff rests.
10:01 a.m. The jury is reminded of previous admonitions and excused from the
courtroom; Court remains in session.
Counsel for the Defendants makes a motion for judgment as a matter of law.
Oral argument is presented.
For the reasons stated on the record,
IT IS ORDERED denying Defendants’ motion for judgment as a matter of law.
10:42 a.m. Court stands at recess.
10:57 a.m. Court reconvenes with respective counsel and parties present.
The jury returns to the courtroom.
Defendants’ case:
Ralph Applegate is sworn and testifies.
The witness is excused.
David Schwan is sworn and testifies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/15/2007
Docket Code 012
Form V012
Page 3
Bench conference is held.
The witness is excused.
John Ratliff is sworn and testifies.
12:02 p.m. The jury is excused from the courtroom and court stands at recess.
1:31 p.m. Court resumes with respective counsel and parties present.
Court reporter, Rochelle Dobbins is present and a record of the proceedings is made by
CD/videotape.
John Ratliff continues to testify.
The witness is excused.
James Murphy is sworn and testifies.
Defendants’ Exhibit 43 is received in evidence.
Defendants’ Exhibit 44 is received in evidence.
The witness is excused.
Whitney Smelser is sworn and testifies.
Bench conference is held.
3:09 p.m. The jury is excused from the courtroom and court stands at recess.
3:29 p.m. Court resumes with respective counsel and parties present.
Court reporter, Rochelle Dobbins is present and a record of the proceedings is made by
CD/videotape.
Whitney Smelser continues to testify.
Bench conference is held.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/15/2007
Docket Code 012
Form V012
Page 4
The witness is excused.
Robert Gemmill is sworn and testifies.
Bench conference is held.
The witness is excused.
Bench conference is held.
Trial scheduling is discussed.
4:26 p.m. The jury is excused for the evening recess and court stands at recess until
November 20, 2007, at 9:30 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/20/2007
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
DAVID B VANYO
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KEVIN T MINCHEY
MICHAEL R SCHEURICH
TRIAL MINUTE ENTRY
DAY 3
Courtroom 704 – Central Court Building
9:42 a.m. Trial to a Jury continues from November 15, 2007. Plaintiff is present with
counsel, Jeffrey D. Gross. Defendants’ are present with counsel, Kevin T. Minchey and Michael
R. Scheurich.
The jury is not present.
Court Reporter, Rochelle Dobbins, is present and a record of the proceedings is made by
CD/videotape.
Trial scheduling is discussed.
9:48 a.m. The jury is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/20/2007
Docket Code 012
Form V012
Page 2
Defendants’ case continues:
John Dwyer is sworn and testifies.
Bench conference is held.
Defendants’ rest.
10:23 a.m. The jury is excused and instructed to return to the courtroom at 1:00 p.m.
Court stands at recess.
10:53 a.m. Court resumes with respective counsel and parties present.
The jury is not present.
Court Reporter, Rochelle Dobbins, is present and a record of the proceedings is made by
CD/videotape.
Counsel for the Defendants makes a second motion for judgment as a matter of law.

Oral argument is presented.
For the reasons stated on the record,
IT IS ORDERED denying Defendants’ second motion for judgment as a matter of law.
Counsel for the Plaintiff makes a motion for judgment as a matter of law.

Oral argument is presented.
For the reasons stated on the record,
IT IS ORDERED denying Plaintiff’s motion for judgment as a matter of law.
Instructions are settled and the verdict is prepared.
12:07 p.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/20/2007
Docket Code 012
Form V012
Page 3
1:08 p.m. Court resumes with respective counsel and parties present.
The jury is not present.
Court reporter, Leo Mankiewicz is present and a record of the proceedings is made by
CD/videotape.
Discussion is held regarding final instructions and the verdict.
Final corrections are made to the verdict.
Counsel stipulate that there will be no alternate and the entire jury panel will deliberate.
1:25 p.m. The jury returns to the courtroom.
The jury is instructed by the Court as to the law applicable to this cause.
FILED: Final Instructions of Law
Closing arguments.
2:57 p.m. The jury is excused from the courtroom and court stands at recess.
3:18 p.m. Court resumes with counsel and respective parties present.
The jury is present.
Court reporter, Leo Mankiewicz is present and a record of the proceedings is made by
CD/videotape.
Closing arguments continue.
The jury is instructed by the Court as to the verdict.
3:57 p.m. The jury retires in charge of sworn bailiffs to consider their verdicts.
Court remains in session.
Discussion is held.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
11/20/2007
Docket Code 012
Form V012
Page 4
4:00 p.m. Court stands at recess.
4:58 p.m. Court reconvenes. Plaintiff is present with counsel, Jeffrey D. Gross.
Defendants’ are present with counsel, Kevin T. Minchey and Michael R. Scheurich.
The jury is all present in the jury box and by their foreperson return into court their
verdict, which is read and recorded by the clerk and is as follows:
“We, the Jury, duly empanelled and sworn in the above entitled action, upon our oaths,
do find the following special verdict submitted to us in the above-captioned case.
(1) Did the Association waive the right to enforce the single family use restriction in
the CC&Rs?
Answer: YES”
The jury replies that this is their true verdict.
FILED: Verdict.
The jury is excused from further consideration of this cause.
5:03 p.m. Trial concludes.
IT IS ORDERED that the jury fees be assessed against Carefree Foothills
Homeowners’ Association and John and Janet Dwyer, in the sum of $584.82, all in
accordance with the formal written Judgment for Jury Fees signed by the court and filed
(entered) by the clerk on November 20, 2007.
There being no further need to retain the exhibits not offered in evidence in the custody
of the Clerk of the Court,
IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence
to the counsel/party causing them to be marked, or to their written designee.
ISSUED: Exhibit/Record Release Form (2).
FILED: Exhibit Worksheet.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/03/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-011927
12/30/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
A. Melchert
Deputy
DAVID B VANYO, et al.
JEFFREY D GROSS
v.
CAREFREE FOOTHILLS HOMEOWNERS
ASSOCIATION, et al.
KURT M ZITZER
ORAL ARGUMENT SET
The Court having received Plaintiff’s Motion for Partial Summary Judgment and all
subsequent briefing,
IT IS ORDERED setting Oral Argument on the aforementioned Motion for January 19,
2012 at 9:30 a.m. (time allotted: 30 minutes) in this Division before:
The Honorable Katherine Cooper
Maricopa County Superior Court
East Court Building, Fifth Floor
101 West Jefferson, Courtroom 514
Phoenix, AZ 85003
Phone: 602-506-8311
NOTE: All court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by calling this Division five (5) judicial
days before the scheduled hearing.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.

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