09/12/2019 — CV2019090978 GARCIA, ELISA 09/12/2019 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/13/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-090978
09/12/2019
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX
v.
ELISA GARCIA
RONALD W MEYER
WESTPARK COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
SUNDANCE MASTER COMMUNITY
ASSOCIATION INC
NO ADDRESS ON RECORD
ANTONIO GARCIA
NO ADDRESS ON RECORD
SUNDANCE RESIDENTIAL
HOMEOWNERS ASSOCIATION INC
NO ADDRESS ON RECORD
MARIA LICERIO
NO ADDRESS ON RECORD
ESMERALDA MARQUEZ
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
COMM. LYNCH
MINUTE ENTRY
Courtroom 303 – SEA
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-090978
09/12/2019
Docket Code 005
Form V000A
Page 2
9:55 a.m. This is the time set for Oral Argument re: Defendant’s Motion to Set Aside
Judgment filed July 23, 2019. Counsel, Heather Hendrix, is present on behalf of Plaintiff.
Counsel, Ronald Meyer, is present on behalf of Defendant.
A record of the proceedings is made digitally in lieu of a court reporter.
Elisa Garcia is sworn and testifies.
Defendant’s exhibit 1 is marked for identification and received in evidence.
The witness is excused.
Antonio Garcia is sworn and testifies.
The witness is excused.
Counsel present argument to the Court.
Based on the matters presented,
THE COURT FINDS that there was proper personal service, therefore,
IT IS ORDERED denying the Motion.
IT IS FURTHER ORDERED issuing a stay pending Defense Counsel’s appeal.
10:30 a.m. Matter concludes.
10/22/2019 — CV2019090978 GARCIA, ELISA 10/22/2019 HONORABLE JANICE CRAWFORD View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-090978
10/22/2019
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
H. Bell
Deputy
TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX
v.
ELISA GARCIA, et al.
RONALD W MEYER
WESTPARK COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
SUNDANCE MASTER COMMUNITY
ASSOCIATION INC
NO ADDRESS ON RECORD
ANTONIO GARCIA
NO ADDRESS ON RECORD
SUNDANCE RESIDENTIAL
HOMEOWNERS ASSOCIATION INC
NO ADDRESS ON RECORD
MARIA LICERIO
NO ADDRESS ON RECORD
ESMERALDA MARQUEZ
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
JUDGE CRAWFORD
MINUTE ENTRY
This matter comes before the Court on a Stipulation to Judgment: Covenant Not To
Execute purporting to be between Plaintiff and Defendant Maria Licerio. The Court has
concerns regarding the authenticity of the Stipulation to Judgment: Covenant Not To Execute for
the following reasons.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-090978
10/22/2019
Docket Code 028
Form V000A
Page 2
The caption of the Stipulation to Judgment: Covenant Not To Execute does not include
the name of Defendant Maria Lucerio. The second page/signature page of the Stipulation to
Judgment, which was filed electronically by Plaintiff, looks physically different than the first
page of the Stipulation to Judgment: Covenant Not To Execute. The second page/signature page
of the Stipulation to Judgment: Covenant Not To Execute does not include any contact
information for Ms. Licerio, and the docket does not show any affidavit of service for Ms.
Licerio. The signatures were apparently completed in July 2019, but the Stipulation to
Judgment: Covenant Not To Execute was not filed until October, 2019. The discrepancies
described above hinder the Court’s ability to evaluate whether Defendant Maria Licerio did, in
fact, agree to all the terms contained in the Stipulation to Judgment: Covenant Not To Execute.
Accordingly,
IT IS ORDERED setting a telephonic Status Conference on December 6, 2019 at 9:45
a.m. (15 minutes allotted) before:
HONORABLE JANICE CRAWFORD
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA AZ 85210
Counsel for the Plaintiff shall initiate the telephonic conference by first arranging the
presence of all other counsel or self-represented parties on the conference call and by calling this
Division at 602-372-0844 promptly at the scheduled time.
IT IS FURTHER ORDERED that Plaintiff shall file a notice setting forth Ms. Licerio’s
address, email address, and telephone number. The notice shall be filed not later than November
15, 2019.
IT IS FURTHER ORDERED that Plaintiff shall provide a copy of this Minute Entry to
Ms. Licerio.
