01/29/2016 — CV2015094725 CASTRO-SALAZAR, ISMAEL 01/29/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
01/29/2016
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
CHARLENE A CRUZ
v.
ISMAEL CASTRO-SALAZAR
ISMAEL CASTRO-SALAZAR
1030 S 223RD LN
BUCKEYE AZ 85326
CITS - SE SPANISH
MINUTE ENTRY
Courtroom 207 – SEA
4:37 p.m. This is the time set for Return Hearing re: Plaintiff’s Request for Preliminary
and Permanent Injunction. Counsel, Charlene A. Cruz, is present on behalf of Plaintiff.
Defendant is present on his own behalf.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
Defendant advises the Court that English is not his primary language.
LET THE RECORD REFLECT the Court will continue these proceedings in order for
an interpreter to appear and assist the Defendant in the Spanish language.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
01/29/2016
Docket Code 003
Form V000A
Page 2
IT IS ORDERED that Court Interpretation and Translation Services (CITS) shall
provide an interpreter in the Spanish language to be present at all hearings set in this matter.
IT IS ORDERED resetting the Return Hearing re: Plaintiff’s Request for Preliminary
and Permanent Injunction and Status Conference to February 26, 2016 at 11:30 a.m. (30
minutes allotted) in this Division at:
Maricopa County Superior Court
Southeast Adult Facility
222 E. Javelina Dr.
Courtroom 207
Mesa, AZ 85210
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.
LET THE RECORD REFLECT the Return Hearing/Status Conference may be vacated
if the parties reach an agreement prior to the hearing date.
4:43 p.m. Hearing concludes.
02/26/2016 — CV2015094725 CASTRO-SALAZAR, ISMAEL 02/26/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
02/26/2016
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
CHARLENE A CRUZ
v.
ISMAEL CASTRO-SALAZAR
ISMAEL CASTRO-SALAZAR
1030 S 223RD LN
BUCKEYE AZ 85326
CITS - SE SPANISH
MINUTE ENTRY
Courtroom 207 – SEA
11:53 a.m. This is the time set for Status Conference and Return Hearing re: Plaintiff’s
Request for Preliminary and Permanent Injunction. Counsel, Charlene A. Cruz, is present on
behalf of Plaintiff. Defendant, Ismael Castro-Salazar, is present on his own behalf. Court
Interpreter, Gabriela Lindsey-Hall, is present assisting Defendant in the Spanish language.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
Counsel for Plaintiff advises the Court that she mailed an Architectural Committee form
to the Defendant on February 3, 2016 and that she has also brought an additional form today.
IT IS ORDERED directing Defendant to fill out the Architectural Committee form and
return it to counsel for Plaintiff on or before March 7, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
02/26/2016
Docket Code 083
Form V000A
Page 2
IT IS FURTHER ORDERED continuing the Status Conference re: status of the form
and whether further proceedings need to be scheduled to April 26, 2016 at 9:00 a.m. (15
minutes allotted) in this Division at:
Maricopa County Superior Court
Southeast Adult Facility
222 E. Javelina Dr.
Courtroom 207
Mesa, AZ 85210
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.
11:57 a.m. Hearing concludes.
04/26/2016 — CV2015094725 CASTRO-SALAZAR, ISMAEL 04/26/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
04/26/2016
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
CHARLENE A CRUZ
v.
ISMAEL CASTRO-SALAZAR
ISMAEL CASTRO-SALAZAR
1030 S 223RD LN
BUCKEYE AZ 85326
MARK K SAHL
CITS - SE SPANISH
MINUTE ENTRY
Courtroom 207 – SEA
9:13 a.m. This is the time set for Status Conference re: Defendant’s submission of the
Architectural Committee form and whether further proceedings need to be scheduled. Counsel,
Charlene A. Cruz, is present on behalf of Plaintiff. Defendant is neither present nor represented.
Court Interpreter, Marianne Hutchinson, is present.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
LET THE RECORD REFLECT today’s proceeding was scheduled to begin at 9:00
a.m. Defendant has failed to appear or contact the Court regarding his non-appearance. The
Court will proceed in Defendant’s absence.
Counsel for Plaintiff advises the Court that Defendant previously indicated he would
submit the Architectural Committee form but has failed to do so.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
04/26/2016
Docket Code 056
Form V000A
Page 2
IT IS ORDERED directing Defendant to file a formal written Answer to the Complaint
no later than May 16, 2016.
Defendant having failed to appear and good cause appearing,
IT IS ORDERED on or before May 6, 2016, Defendant shall remove or take steps to
remove, to Plaintiff’s satisfaction, the gazebo/backyard patio cover that was constructed in
violation of the ancillary unit provisions of the recorded CC&R’s. Alternatively, if approved by
Plaintiff, Defendant can submit a waiver to the Architectural Committee of the Association. If
the Architectural Committee approves Defendant’s request and the Court is notified by the
Plaintiff, the temporary restraining order can be suspended.
IT IS FURTHER ORDERED that no bond is required of the Plaintiff.
IT IS ORDERED setting an Evidentiary Hearing re: Plaintiff’s request for injunctive
relief on June 15, 2016 at 11:00 a.m. (1 hour allotted) before:
HONORABLE DAVID TALAMANTE
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210
IT IS ORDERED that counsel and self-represented litigants (“the parties”) are directed
to personally meet no later than May 20, 2016 to exchange exhibits and discuss the exhibits
prior to submitting them to the Court. At this meeting, the parties’ shall attempt to agree on
authenticity, foundation, and admission of the exhibits to shorten the time spent on exhibits
during the hearing.
IT IS FURTHER ORDERED that the parties shall deliver to the Clerk of this Division
all exhibits they will be introducing at the hearing, no later than noon on June 8, 2016.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Exhibits shall not be placed in a notebook unless they are voluminous. Each exhibit shall be
clipped or bound if too large to be stapled. Exhibits are to be separated by a colored sheet of
paper or by a tabbed divider sheet. An enlargement may be used for demonstrative purposes;
however an 8 ½ x 11 size copy of the enlargement must be submitted with the other exhibits and
will be marked for demonstrative purposes only. (Enlargements will be released to the party
using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
04/26/2016
Docket Code 056
Form V000A
Page 3
consecutive order: Plaintiff’s exhibits marked first; Defendant’s exhibits marked second.
Exhibits are assigned numbers in a serial fashion. Placeholders will not be accepted and exhibit
numbers will not be reserved for exhibits not presented at this time. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits may
result in the exclusion of that party’s exhibits at the hearing.
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.
9:21 a.m. Conference concludes.
06/15/2016 — CV2015094725 CASTRO-SALAZAR, ISMAEL 06/15/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/17/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
06/15/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
CHARLENE A CRUZ
v.
ISMAEL CASTRO-SALAZAR
ISMAEL CASTRO-SALAZAR
1030 S 223RD LN
BUCKEYE AZ 85326
MARK K SAHL
CITS - SE SPANISH
MINUTE ENTRY
Courtroom 207 – SEA
Prior to the commencement of today’s proceeding, Plaintiff’s exhibits 1-7 are marked for
identification.
11:17 a.m. This is the time set for Evidentiary Hearing re: Plaintiff’s request for
injunctive relief. Counsel, Charlene A. Cruz and Mark K. Sahl, are present on behalf of Plaintiff
(Manager, Thomas Campanella, is also present). Defendant is neither present nor represented.
Court Interpreter, Sylvia Fisher, is present.
A record of the proceedings is made digitally in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
06/15/2016
Docket Code 019
Form V000A
Page 2
LET THE RECORD REFLECT today’s proceeding was scheduled to begin at 11:00
a.m. Defendant has failed to appear or contact the Court regarding his non-appearance. The
Court will proceed in Defendant’s absence.
Counsel for Plaintiff advises the Court that he has not had any recent contact with the
Defendant and further advises the Court that Defendant has failed to remove the pergola as
ordered in the Court’s Minute Entry dated April 26, 2016.
Thomas Campanella is sworn and testifies.
The witness is excused.
Plaintiff’s exhibits 2 and 7 are received in evidence.
Based on Defendant’s repeated failure to appear,
THE COURT FINDS that the allegations in the initial Complaint are deemed admitted.
Based on those admissions and the testimony of the witness, the Court finds that the request for
injunctive relief by the Plaintiff is appropriate.
IT IS ORDERED that the pergola/gazebo/backyard patio cover that was constructed in
violation of the ancillary unit provisions of the recorded CC&R’s is to be removed by Defendant no
later than July 15, 2016.
THE COURT FINDS that Plaintiff is entitled to reasonable attorneys’ fees and taxable
costs.
IT IS ORDERED directing Plaintiff to submit a form of Order consistent with its
Complaint and request for relief along with an Affidavit in support of its reasonable attorneys’
fees and taxable costs. The Order is to be submitted no later than June 27, 2016.
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.
IT IS FURTHER ORDERED that counsel/party or written designee take immediate
possession of all exhibits referenced above.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094725
06/15/2016
Docket Code 019
Form V000A
Page 3
Plaintiff’s exhibits 1 and 3-6 are released.
ISSUED: Exhibit Release Form
11:29 a.m. Hearing concludes.
