03/01/2016 — CV2015095178 GLAWE, LORRI 03/01/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
03/01/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
LORRI GLAWE
2240 570TH ST
AURELIA IA 51005
CURT GLAWE
2240 570TH ST
AURELIA IA 51005
JORDAN GLAWE
2240 570TH ST
AURELIA IA 51005
RULING
The Court has read Defendants’ Motion to Dismiss Lis Pendens electronically filed on
January 24, 2016, and Plaintiff’s Response to Defendants’ Motion to Dissolve Lis Pendens
electronically filed on February 2, 2016.
The Response establishes adequate grounds for the filing of the Lis Pendens. The Court
takes no position on the merits.
IT IS ORDERED denying the Motion to Dissolve.
06/30/2016 — CV2015095178 GLAWE, LORRI 06/30/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
06/30/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
JONATHAN A DESSAULES
ORAL ARGUMENT SET
The Court has read the following:
Plaintiff/Counterdefendant’s Motion for Summary Judgment electronically filed on
March 8, 2016;
Defendant/Counterclaimants’ Response to Plaintiff/Counterdefendant’s Motion for
Summary Judgment electronically filed on May 20, 2016; and
Plaintiff/Counterdefendant’s Reply in Support of Motion for Summary Judgment
electronically filed on June 13, 2016.
Good cause appearing,
IT IS ORDERED setting Oral Argument on July 28, 2016, at 10:00 a.m. (30 minutes
allotted) in this division.
Oral argument shall be limited to 30 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
06/30/2016
Docket Code 094
Form V000A
Page 2
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
The parties/attorneys are advised that failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil
Procedure.
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.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
email
same
to
the
Court’s
judicial
assistant
at
[email protected] and to [email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
07/28/2016 — CV2015095178 GLAWE, LORRI 07/28/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
07/28/2016
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
H. Bell
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
Courtroom 206 - SEF
10:00 a.m. This is the time set for Oral Argument re: Plaintiff’s Motion for Summary
Judgment. Plaintiff/Counterdefendant is represented by counsel, Gregory Stein.
Defendant/Counterclaimant, Jordan Glawe, is present and represented by counsel, Douglas
Wigley. Defendants/Counterclaimants, Lorri Glawe and Curt Glawe, are represented by counsel,
Douglas Wigley.
A record of the proceedings is made digitally in lieu of a court reporter.
Oral argument is presented.
For the reasons stated on the record,
IT IS ORDERED taking this matter under advisement.
IT IS FURTHER ORDERED setting the following briefing schedule to Plaintiff’s
Motion for Summary Judgment:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
07/28/2016
Docket Code 020
Form V000A
Page 2
Plaintiff may file a supplemental brief to support its argument regarding email
notice of amounts due and regarding § 33-1807(a) by August 19, 2016 not to
exceed 10 pages.
Defendants may file a supplemental brief to support its argument in opposition to
Plaintiff’s supplement regarding email notice and regarding § 33-1807(a) by
September 9, 2016 not to exceed 10 pages.
10:39 a.m. Matter concludes.
09/14/2016 — CV2015095178 GLAWE, LORRI 09/14/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
09/14/2016
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
JONATHAN A DESSAULES
UNDER ADVISEMENT RULING
Plaintiff’s Motion for Summary Judgment has been under advisement per the minute
entry of July 28, 2016. The Court has read each party’s supplemental brief.
The Court grants Plaintiff’s Motion for Summary Judgment for breach of contract only.
The Court will permit Plaintiff to file an application for attorney’s fees and costs.
The Court agrees with the Defense position that Plaintiff did not timely and properly
invoice for any late fees or collection fees.
Plaintiff is not entitled to recover those alleged damages.
Plaintiff is not entitled to the remedy of foreclosure now that the assessments have been
paid.
IT IS ORDERED Plaintiff’s counsel shall submit for the Court’s review and signature
an appropriate form of Final Judgment by October 4, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
09/14/2016
Docket Code 926
Form V000A
Page 2
IT IS FURTHER ORDERED that any application for attorney’s fees and costs,
including a statement of costs, shall be submitted with the proposed form of Final Judgment by
the October 4, 2016, deadline.
Any responses/objections thereto shall be filed in accordance with the Arizona Rules of
Civil Procedure.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
10/04/2016 — CV2015095178 GLAWE, LORRI 10/04/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
10/04/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
The Court has read Defendants’ Motion for Reconsideration electronically filed on
September 27, 2016.
IT IS ORDERED a response shall be filed no later than October 24, 2016, and a reply
no later than November 8, 2016.
11/16/2015 — CV2015095178 GLAWE, LORRI 11/16/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
11/16/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
LORRI GLAWE
2240 570TH ST
AURELIA IA 51005
CURT GLAWE
2240 570TH ST
AURELIA IA 51005
JORDAN GLAWE
2240 570TH ST
AURELIA IA 51005
RULING
The Court has read the following:
Defendants [sic] Notice of and Request to Change Date, Time, and Place of
Depositions electronically filed on September 22, 2015;
Plaintiff/Counterdefendant’s Response to Defendants’ Notice of and Request to
Change Date, Time, and Place of Depositions electronically filed on October 12,
2015;
Defendants’ Amended Notice of and Request to Change Date, Time, and Place of
Depositions electronically filed on October 24, 2015;
Plaintiff/Counterdefendant’s Response to Defendants’ Amended Notice of and
Request to Change Date, Time, and Place of Depositions electronically filed on
November 9, 2015;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
11/16/2015
Docket Code 019
Form V000A
Page 2
Plaintiff’s Motion Against Defendants and Counter-Claimants Curt Glawe and Lorri
Glawe Only for Sanctions for Failure to Appear at Deposition electronically filed on
October 22, 2015;
Defendants’ Answer to Plaintiffs [sic] Motion Against Defendants and Counter-
Claimants Curt Glawe and Lorri Glawe Only for Sanctions for Failure to Appear at
Deposition electronically filed on October 25, 2015; and
Reply in Support of Plaintiff’s Motion for Sanctions electronically filed on November
9, 2015;
These motions are interrelated.
IT IS ORDERED the depositions shall proceed by telephone or Skype or other
electronic means by no later than January 15, 2016, at a time and date convenient to all parties.
Plaintiff’s Motion for Sanctions is denied.
The Court also has read Defendants’ Counterclaimants [sic] Motion to Consolidate Cases
CV2014-094694 and CV2015-095178 electronically filed on October 24, 2015, and
Plaintiff/Counterdefendant’s Response to Motion to Consolidate Cases electronically filed on
November 13, 2015.
The 2014 case has been remanded back to Justice Court. There is no 2014 case to
consolidate at this time. All filings shall be made under case number CV2015-095178.
IT IS ORDERED denying Defendants’ Motion to Consolidate.
The Court also has read the following:
Defendants’ Notice of Motion and Motion to Stay Proceedings Pending Resolution of
Appeals Court Case No. 1 CA-CV 15-0129 electronically filed on September 22,
2015; and
Plaintiff/Counterdefendant’s Response to Motion to Stay Proceedings Pending
Resolution of Appeals Court Case electronically filed on October 12, 2015.
There is no reason to stay discovery at this time.
IT IS ORDERED denying Defendants’ Motion to Stay.
11/21/2016 — CV2015095178 GLAWE, LORRI 11/21/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
11/23/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
11/21/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
LORRI GLAWE, et al.
JONATHAN A DESSAULES
RULING/FINAL JUDGMENT
The Court has read the following:
Defendants’ Motion for Reconsideration electronically filed on September 27, 2016;
Plaintiff’s Response to Defendants’ Motion for Reconsideration electronically filed
on October 24, 2016; and
Reply in Support of Defendants’ Motion for Reconsideration electronically filed on
November 8, 2016.
Defendants’ Application for Attorneys’ Fees electronically filed on September 27,
2016;
Affidavit of Douglas C. Wigley in Support of Defendants’ Application for Attorneys’
Fees electronically filed on September 27, 2016;
Plaintiff’s Objection to Defendants’ Application for Attorneys’ Fees and Costs
electronically filed on October 17, 2016; and
Reply in Support of Defendants’ Application for Attorneys’ Fees electronically filed
on October 31, 2016.
Plaintiff’s Application for Attorneys’ Fees and Costs electronically filed on October
4, 2016;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095178
11/21/2016
Docket Code 019
Form V000A
Page 2
Plaintiff’s Affidavit in Support of Application for Attorneys’ Fees and Costs
electronically filed on October 4, 2016;
Plaintiff’s Statement of Costs electronically filed on October 4, 2016;
Defendants’ Response to Plaintiff’s Application for Attorneys’ Fees and Costs
electronically filed on October 20, 2016;
Defendants’ Objection to Plaintiff’s Statement of Costs electronically filed on
October 7, 2016;
Plaintiff’s Reply in Support of Statement of Costs electronically filed on October 19,
2016; and
Plaintiff’s Reply in Support of Application for Attorneys’ Fees and Costs
electronically filed on November 1, 2016.
Plaintiff’s Notice of Lodging Proposed Rule 54(C) Final Judgment electronically
filed on October 4, 2016.
Both parties have submitted a Fee Application and contend they are the prevailing party
per A.R.S. § 12-341.01(A).
Although each side did prevail on certain issues in the case, the Court finds, under the
totality of circumstances, the Plaintiff was the prevailing party. As to the issue of the amount of
fees, the Court has considered all relevant factors and the positions of the parties.
IT IS ORDERED awarding Plaintiff $7,500.00 in fees and legal costs only of $2,364.25.
IT IS FURTHER ORDERED denying Defendants’ Motion for Reconsideration.
The Court incorporates herein its Ruling by Minute Entry dated September 14, 2016.
The Court will not enter the form of Judgment submitted by Plaintiff.
IT IS ORDERED signing this minute entry as a final written Judgment of the Court.
The Court notes that no further matters remain pending and the order is entered pursuant
to Rule 54(c), Arizona Rules of Civil Procedure.
DATED this 21st day of November 2016.
/S/ HONORABLE ROBERT H. OBERBILLIG
______________________________________________________________
HONORABLE ROBERT H. OBERBILLIG
JUDICIAL OFFICER OF THE SUPERIOR COURT
