01/31/2019 — CV2018011279 MADKOUR, MARK D 01/31/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/01/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
01/31/2019
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
JAVIER B DELGADO
v.
MARK D MADKOUR
BLAKE D GUNN
CHARLENE A CRUZ
JUDGE SANDERS
MINUTE ENTRY
Courtroom ECB 811
9:21 a.m. This is the time set for Oral Argument regarding Plaintiff’s Motion for Summary
Judgment, filed October 12, 2018. Plaintiff, Optima Camelview Village Condominium
Association, is represented by counsel, Charlene A. Cruz for Javier B. Delgado. Defendant, Mark
D. Madkour, is represented by counsel, Blake D. Gunn.
A record of the proceedings is made digitally in lieu of a court reporter.
Argument is presented.
For the reasons as stated on the record,
IT IS ORDERED taking this matter under advisement.
9:38 a.m. Matter concludes.
02/07/2019 — CV2018011279 MADKOUR, MARK D 02/07/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/08/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
02/07/2019
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
JAVIER B DELGADO
v.
MARK D MADKOUR
BLAKE D GUNN
JUDGE SANDERS
RULING
The Court has read and considered the following:
(1) Plaintiff’s Motion for Summary Judgment filed October 12, 2018.
(2) Plaintiff’s Separate Statement of Facts in Support of Motion for Summary
Judgment filed October 12, 2018.
(3) Defendant’s Response to Summary Judgment filed November 21, 2018.
(4) Defendant’s Controverting Statement of Facts filed November 21, 2018.
(5) Plaintiff’s Reply in Support of Plaintiff’s Motion for Summary Judgment filed
December 11, 2018.
(6) Plaintiff’s Response to Defendant’s Controverting Statement of Facts filed
December 11, 2018.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
02/07/2019
Docket Code 926
Form V000A
Page 2
The Court has also considered the arguments of counsel made on January 31, 2019.
In its motion, Plaintiff contends that it is entitled to summary judgment in the amount of
$19,098.20, plus accrued pre-judgment interest, accruing assessments, attorneys’ fees and costs
due to Defendant’s failure to pay his monthly HOA assessments. In support of its motion,
Plaintiff has provided (1) a copy of Defendant’s special warranty deed, (2) a copy of the HOA’s
declaration, (3) a copy of Defendant’s payment ledger dating from April 16, 2015 through
October 1, 2018 that reflect a total balance owed of $18,029.20. There is an addendum to item
#3, which adds attorneys’ fees and reflects an amended total balance of $19,098.20. Plaintiff has
also supplied an affidavit from the HOA’s managing agent, dated October 10, 2018, that attests
to $19,098.20 being the total amount owed as of the date of the affidavit.
In his Controverting Statement of Facts, Defendant does not contest any of Plaintiff’s
alleged facts except for those contained in paragraph 6, which alleges the total amount owed.
Defendant contends that summary judgment is not appropriate “because genuine issues of
material fact exist concerning the amount owed to Plaintiff and concerning Plaintiff’s entitlement
to recover such amounts.”
Pursuant to Ariz. R. Civ. P. Rule 56(a), “[t]he court shall grant summary judgment if the
moving party shows that there is no genuine dispute as to any material fact and the moving party
is entitled to judgment as a matter of law.” Evidence is viewed in the light most favorable to the
nonmoving party. Sanchez v. City of Tucson, 191 Ariz. 128, 953 P.2d 168 (1998). “[M]otions for
. . . summary judgment serve the . . .purpose of expediting the business of the court by removing
meritless claims.” Orme School v. Reeves, 166 Ariz. 301, 309, 802 P.2d 1000, 1008 (Ariz. 1990).
“It is only the existence of uncontroverted competent evidence favorable to a movant, from
which only one inference can be drawn, that entitles a party to summary judgment.” Nemec v.
Rollo, 114 Ariz. 589, 592, 562 Pl.2d 1087, 1090 (Ariz. Ct. App. 1977) (citing Choisser v. State
ex rel. Herman, 12 Ariz. App. 259, 469 P.2d 493 (1970)). “[W]here the evidence or inferences
would permit a jury to resolve a material issue in favor of either party, summary judgement is
improper.” United Bank of Ariz. v. Allyn, 167 Ariz. 191, 195, 805 P.2d 1012, 1016 (App. 1990).
Through its evidence presented, Plaintiff has established that Defendant is obligated to
pay monthly HOA assessments, and that he has not done so since July, 2016. Defendant has
produced no controverting evidence regarding these facts. Although Defendant argues in his
response that Plaintiff “has not established a legal entitlement to anything other than late
charges”, the Declaration provides, in Section 7, that Plaintiff may recover late fees, interest,
collection costs, and attorneys’ fees.
Based upon the matters presented, the Court finds, pursuant to Rule 56(a)(1), that there
are no genuine issues of material fact and that Plaintiff is entitled to judgment as a matter of law.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
02/07/2019
Docket Code 926
Form V000A
Page 3
It is ordered granting Plaintiff’s Motion for Summary Judgment filed October 12, 2018.
Plaintiff is directed to submit a form of order no later than 30 days from the date of this minute
entry.
Any request for attorneys’ fees and costs must be submitted pursuant to a separate verified
application and accompanying China Doll affidavit.
02/12/2019 — CV2018011279 MADKOUR, MARK D 02/12/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/14/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
02/12/2019
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
JAVIER B DELGADO
v.
MARK D MADKOUR
MARK D MADKOUR
9971 E GRAY RD
SCOTTSDALE AZ 85260
JUDGE SANDERS
ORDER SIGNED
The Court has received Defendant’s Motion to Withdraw, electronically filed on
February 11, 2019,
IT IS ORDERED approving/granting Defendant’s Motion to Withdraw, filed February
11, 2019, all in accordance with the formal written Order signed by the Court on February 12,
2019, and filed (entered) by the Clerk on February 12, 2019.
Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
05/08/2019 — CV2018011279 MADKOUR, MARK D 05/08/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
05/10/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
05/08/2019
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
JAVIER B DELGADO
v.
MARK D MADKOUR
MARK D MADKOUR
9971 E GRAY RD
SCOTTSDALE AZ 85260
JUDGE SANDERS
JUDGMENT SIGNED
IT IS ORDERED granting judgment in favor of Plaintiff, all in accordance with the formal
written Judgment signed by the Court on May 8, 2019, and filed (entered) by the Clerk on May 8,
2019.
Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
12/19/2018 — CV2018011279 MADKOUR, MARK D 12/19/2018 HON. TERESA SANDERS View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
12/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
12/19/2018
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
JAVIER B DELGADO
v.
MARK D MADKOUR
BLAKE D GUNN
JUDGE SANDERS
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on January 31, 2019 at 9:30 a.m. in this division
on the following motion(s):
Plaintiff’s Motion for Summary Judgment, filed October 12, 2018.
HONORABLE TERESA SANDERS
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 506-4791
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-011279
12/19/2018
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED 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.
NOTE: All court proceedings are recorded by audio and video method and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in
which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must submit
a written request to the assigned judicial officer at least ten (10) judicial days in advance of the
hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial days
before the proceeding. The fee is $140 for a half-day and $280 for a full day.
