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Maricopa County Superior Court Case CV2006-017259: public docket details, parties, minute entries, documents, and official source links for Ventana Lakes Property Owners Association.

Case Number

CV2006-017259

County

Maricopa

Caption

Not captured

Filed

11/13/2006

Case Type

Civil

Judge

Kreamer, Joseph

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
03/14/2007
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
L. Firriello
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on April 2, 2007 and mandatory e-
filing will commence on April 23, 2007. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT E-FILED AFTER THE MANDATORY DATE WILL
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY E-FILED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
03/14/2007
Docket Code 530
Form V000A
Page 2
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory e-filing
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp. The Clerk's Office shall be available for
instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “E-FILE CASE”.
The e-filing system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
E-Filed Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
07/09/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
CURTIS S EKMARK
MINUTE ENTRY
The Court has reviewed the Stipulation for Substitution of Counsel, filed July 5, 2007.
The Stipulation does not bear the written consent of the client nor does it show service on
the client as required by Ariz. R. Civ. P. 5.1(a)(2).
The application for substitution of counsel is denied without prejudice.

Michael K. Jeanes, Clerk of Court
*** Filed ***
08/03/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
08/02/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
CURTIS S EKMARK
MINUTE ENTRY
The Court has received Plaintiffs’ Motion for Summary Judgment, dated and served June
20, 2007.
No response or opposition has been filed. The motion is granted pursuant to Ariz. R. Civ.
P. 7.1(b).
/ s / HONORABLE JOHN A. BUTTRICK
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
08/09/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
CURTIS S EKMARK
JASON E SMITH
MINUTE ENTRY
The Court is in receipt of the Stipulation and Request of the Parties for Court to Vacate
Order Granting Motion for Summary Judgment filed August 3, 2007.
IT IS ORDERED granting said motion. Defendant shall file a response to the Plaintiffs’
Motion for Summary Judgment no later than 5:00 p.m. on August 24, 2007.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/22/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
08/21/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
CURTIS S EKMARK
JASON E SMITH
MINUTE ENTRY
The Court is in receipt of the Defendant’s Expedited Motion to Stay Summary Judgment
Proceedings filed August 14, 2007.
IT IS ORDERED denying said motion.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
09/12/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
CURTIS S EKMARK
ORAL ARGUMENT SET
The Court is in receipt of the Motion to Join Indispensable Parties or to Dismiss, the
Response and Reply thereto.
IT IS ORDERED setting Oral Argument for October 23, 2007 at 9:00 a.m. (30
minutes) in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building,Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
PHONE: 602-506-0971

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
09/12/2007
Docket Code 094
Form V000A
Page 2
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) Should an official transcript be required, you may request that the Court prepare
it. The party ordering the transcript must pay for it. With this new technology, a court reporter
is likely not required and the parties are encouraged to experience the Court's video-recording
system before requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of fee and present both the receipt and the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
09/12/2007
Docket Code 094
Form V000A
Page 3
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.
Counsel and any self-represented parties are advised that the Clerk of the Maricopa
County Superior Court has converted its case files to an electronic format and case files are
no longer made available to the divisions. Therefore, it is imperative that counsel follow
Maricopa County Local Rule 3.2 which requires counsel to deliver copies of motions and
responses to the division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
10/23/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
J ROGER WOOD
MINUTE ENTRY
Courtroom 704 – Central Court Building
8:57 a.m. This is the time set for oral argument. Plaintiff is represented by counsel,
Jonathan A. Dessaules. Defendant is represented by counsel, Jason E. Smith.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
9:25 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
10/23/2007
Docket Code 005
Form V000A
Page 2
LATER:
Defendant Ventana Lakes Property Owner’s Association (the “Association”) filed a
Motion to Join Indispensable Parties or to Dismiss, on August 1, 2007. The Association brings
its Motion pursuant to Ariz. Rs. Civ. P. 12(b)(7) and 19 as well as Ariz. Rev. Stat. §12-1841(A)
arguing that Plaintiffs Mel Millsap, et al. (“Millsap”) have improperly failed to join as
Defendants each Ventana Lakes property owner. The Association asserts the unnamed owners
are indispensable parties under the cited rules and statute regarding Count I of the Complaint
which seeks a declaratory judgment regarding the Association’s duties under the CC & Rs at
issue.
Millsap responds that Ariz. Rev. Stat. §10-3304 (B)(2) allows “any member” to judicially
challenge the acts of a planned community association such as the Association and, in any event,
the required indicia of indispensability under Rule 19 are missing in this case.
Neither party has cited an Arizona case directly on point regarding the use of declaratory
judgment actions in this factual setting.
The Association argues that many homeowners who are not parties must be joined or the
Count 1 must be dismissed because a “substantial risk” of “inconsistent obligations” may be
incurred by the existing parties if they are not, citing the language of Rule 19.
Based upon the record presently before the court, there is no such “substantial risk.” In
addition, joinder of all 1700 homeowners, as urged by the Association, is not feasible. Finally,
the absent property owners are not indispensable. It is not true that no final judgment could be
entered that does justice between the existing parties without injuriously affecting the absent
parties’ rights. Ivanovich v. Meier, 122 Ariz. 346 (1979).
The Association’s Motion is denied.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
10/25/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
J ROGER WOOD
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Plaintiffs’Amended Motion for Summary
Judgment for November 19, 2007, at 11:00 a.m. for one hour in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
Phone: 602-506-0971
IT IS FURTHER ORDERED:
Oral argument shall not exceed thirty minutes for each side. If extended oral argument is
necessary, counsel must so advise the Court no later than four court days prior to the date set for
hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
10/25/2007
Docket Code 094
Form V000A
Page 2
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.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1 (b), A.R.C.P.
Counsel and any self-represented parties are advised that the Clerk of the Maricopa
County Superior Court has converted its case files to an electronic format and case files are
no longer made available to the divisions. Therefore, it is imperative that counsel follow
Maricopa County Local Rule 3.2 which requires counsel to deliver copies of motions and
responses to the division.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) Should an official transcript be required, you may request that the Court prepare
it. The party ordering the transcript must pay for it. With this new technology, a court reporter
is likely not required and the parties are encouraged to experience the Court's video-recording
system before requesting a court reporter.
If a court reporter is required, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
10/25/2007
Docket Code 094
Form V000A
Page 3
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of fee and present both the receipt and the
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
11/19/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
MEL MILLSAP, et al.
JONATHAN A DESSAULES
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
J ROGER WOOD
MINUTE ENTRY
Courtroom 704 – Central Court Building
11:07 a.m. This is the time set for oral argument. Plaintiffs are represented by counsel,
Jonathan A. Dessaules and Laura Balza. Defendant is represented by counsel, Jason E. Smith.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
11:32 a.m. Matter concludes.
LATER:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-017259
11/19/2007
Docket Code 005
Form V000A
Page 2
Plaintiffs Mel Millsap, et. al. (“Millsap”) and Defendant Ventana Lakes Property
Owners’ Association (the “Association”) have filed cross-motions for summary judgment, each
asking the Court to interpret certain provisions of the Master Declaration of Ventana Lakes in a
matter dispositive of all claims in this matter.
The key issue to be decided is which party is responsible for maintenance of an eight (8)
foot strip of land adjacent to the lake in one portion of the subdivision.
Article X of the Master Declaration states that the Association “shall maintain and
otherwise manage all Common Areas, including…the landscaping.”
Article IV, Section 2 (d) of the same document states that “Each Owner shall keep all
[landscaping] located on his Lot…maintained.”
Significantly, the areas in question are agreed by the parties to be Common Areas as that
term is used in the Master Declaration. In this instance it is clear that the provision of Article X
controls and the Association has the obligation to maintain the landscaping in the subject
easement area.
Millsap’s Motion is granted and the Association’s Motion is denied.
Millsap shall lodge an appropriate form of Judgment by December 15, 2007.

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