03/23/2011 — CV2010097363 HOMEOWNERS ASSOCIATION, CLEMENTE RANCH 03/23/2011 HONORABLE L. GRANT View Minute Entry ↑ top

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Minute Source

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/24/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-097363
03/23/2011
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE L. GRANT
T. Soto
Deputy
CLEMENTE RANCH HOMEOWNERS
ASSOCIATION
KELLIE J CALLAHAN
v.
MARK R LAMORTICELLA
MARK R LAMORTICELLA
NO ADDRESS ON RECORD
MINUTE ENTRY
On or about January 21, 2011, Plaintiff, Clemente Ranch Homeowners Association, filed
a Motion for Summary Judgment.
Also, on or about January 21, 2011, an Affidavit of board member in support of
Plaintiff’s Separate Statement of Facts in Support of its Motion for Summary Judgment was
filed.
The Defendant Mark R. Lamorticella, failed to timely respond to Plaintiff's Motion for
Summary Judgment.
Rule 7.1(b) of the Ariz. Rules of Civil Procedure states “… if the opposing party does not
serve and file the required answering memorandum… such noncompliance may be deemed a
consent to the denial or granting of the motion, and the Court may dispose of the motion
summarily.”

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-097363
03/23/2011
Docket Code 023
Form V000A
Page 2
The Court finds that the Defendant has failed to timely respond to Plaintiff's Motion for
Summary Judgment.
IT IS ORDERED that the Plaintiffs are entitled to summary judgment against the
Defendant as a matter of law as there is no issue as to a material fact. See, Orme School v.
Reeves, 166 Ariz. 301, 802 P.2d 1000 (1990).
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment is granted.
IT IS FURTHER ORDERED that judgment shall enter against the Defendant in favor
of Plaintiff in the amount of $3,793.06.
IT IS FURTHER ORDERED that within 30 days from date of entry of this Order that
Plaintiff shall submit to this Court an appropriate Order and Application for reasonable attorney's
fees.