Assessment Proof | Summary Judgment Burden | LC2022-000227
When Desert Crown III HOA sued a homeowner relying on an unexplained ledger and a conclusory manager affidavit, Judge Daniel J. Kiley reversed summary judgment, holding that under Wells Fargo v. Allen, courts cannot blindly defer to an association’s avowal of debt.
Last updated September 17, 2026. Case: Desert Crown III Homeowners Association v. Debabrata Gupta, Maricopa County Superior Court No. LC2022-000227 (minute entries use LC2022-000227-001 DT); originating McDowell Mountain Justice Court No. CC2021-124323; Hon. Daniel J. Kiley.
Scope note: This page covers Maricopa County Superior Court No. LC2022-000227, an appeal from McDowell Mountain Justice Court. Desert Crown III Homeowners Association sued homeowner Debabrata Gupta for delinquent assessments and charges, securing summary judgment based on an unexplained accounting ledger and a boilerplate property manager declaration. On pro se appeal, Superior Court Judge Daniel J. Kiley reversed the judgment under Wells Fargo v. Allen and Schwab v. Ames Construction, holding that the association’s failure to produce the underlying documents establishing debt meant the owner was not even required to controvert the motion. This page is educational and is not legal advice.
The takeaway
Reversed and remanded. An HOA moving for summary judgment cannot establish a prima facie entitlement to judgment merely by submitting an unexplained ledger and a conclusory property-manager affidavit asserting review of unidentified records; the court cannot blindly accept an avowal of debt. Because the association failed to make its prima facie showing, the homeowner was not required to controvert the motion under Schwab v. Ames Construction.
Case Participants
Petitioner Side
- Desert Crown III Homeowners Association (Plaintiff/Appellee)
Arizona nonprofit corporation
HOA plaintiff that filed collection lawsuit in McDowell Mountain Justice Court; summary judgment reversed on appeal. - Emily Elizabeth Cooper (Counsel)
Carpenter, Hazlewood, Delgado & Bolen, LLP
Counsel for Plaintiff/Appellee Desert Crown III Homeowners Association.
Respondent Side
- Debabrata Gupta (Defendant/Appellant)
Scottsdale homeowner; self-represented pro se on appeal; successfully obtained reversal of summary judgment.
Neutral Parties
- Hon. Daniel J. Kiley (Judge)
Maricopa County Superior Court
Superior Court Judge who authored the 8-page reversal ruling applying Wells Fargo v. Allen and Schwab v. Ames. - McDowell Mountain Justice Court (Originating Court)
Trial court (Case No. CC2021-124323) whose summary judgment order was reversed.
What happened
Desert Crown III Homeowners Association, through counsel Emily Elizabeth Cooper of Carpenter Hazlewood, initiated a civil debt collection action in McDowell Mountain Justice Court (Case No. CC2021-124323) against homeowner Debabrata Gupta, seeking $4,204.50 in alleged unpaid assessments, late fees, and collection charges.
The association moved for summary judgment, submitting an account ledger and an affidavit from property manager Thomas asserting in generic terms that Gupta breached his obligations under the declaration and was indebted to the association in the principal amount of $4,204.50.
The McDowell Mountain Justice Court granted the association’s motion for summary judgment and entered a monetary judgment against Gupta on March 30, 2022. Gupta timely filed a notice of appeal to Maricopa County Superior Court.
On appeal, Superior Court Judge Daniel J. Kiley evaluated the record de novo. On September 14, 2022, Judge Kiley issued an 8-page decision reversing the justice court judgment in its entirety. Judge Kiley held that under Wells Fargo v. Allen, the association’s unauthenticated ledger and conclusory affidavit were legally insufficient to establish a prima facie case, meaning Gupta was not required to controvert the motion under Schwab v. Ames. The reversal and remand were ordered in the September 14, 2022 ruling, which the court designated a final order. On September 28, 2022, the court issued a brief minute entry declining to act on Gupta’s untitled September 27 filing, noting the appeal had already been decided and remanded.
Video overview of the case record
An AI-generated video overview of Desert Crown III Homeowners Association v. Debabrata Gupta (Maricopa County Superior Court No. LC2022-000227). Reversed. Boilerplate manager affidavits and unauthenticated ledgers fail to prove HOA debt under Wells Fargo v. Allen. This plain-language summary was generated from the court’s filings; the court’s own records control.
Listen: audio deep dive on the case record
An AI-generated audio deep dive walking through the case record in Desert Crown III Homeowners Association v. Debabrata Gupta. Generated from the case filings; verify against the linked records below.
Procedural timeline
Desert Crown III HOA files debt complaint in McDowell Mountain Justice Court (CC2021-124323).
Justice court grants summary judgment in favor of HOA for $4,204.50.
Homeowner Debabrata Gupta files pro se notice of appeal to Superior Court (LC2022-000227).
Superior Court takes record appeal under advisement.
Judge Daniel J. Kiley issues 8-page ruling reversing summary judgment under Wells Fargo v. Allen.
Court declines to act on Gupta's untitled September 27 filing, noting the appeal was already ruled and remanded on September 14.
Complete source-document index
This index contains 3 PDFs from the reviewed public source packet. Byte-identical copies are listed once. Files are ordered by the date and sequence in the public filename, and party filings or research materials are labeled separately from court rulings.
Minute Entry Taking Record Appeal Under Advisement
Type: Court order/minute entry
Minute entry noting completion of record appeal briefing and taking the matter under advisement.
Record Appeal Ruling Reversing Summary Judgment
Type: Decision or judgment
Comprehensive 8-page ruling by Judge Daniel J. Kiley reversing summary judgment under Wells Fargo v. Allen and Schwab v. Ames.
Minute Entry Remand To Justice Court
Type: Court order/minute entry
Minute entry declining to take action on Appellant's untitled September 27, 2022 filing, noting the appeal was already decided and remanded in the September 14, 2022 ruling.
FAQ
What evidence did Desert Crown III HOA submit to win summary judgment in justice court?
The association, represented by Emily Elizabeth Cooper of Carpenter Hazlewood, submitted an internal accounting ledger listing figures without explanatory descriptions, along with a boilerplate affidavit from property manager Thomas asserting general review of association records and avowing that Gupta owed $4,204.50.
Why did Superior Court Judge Daniel J. Kiley reverse the summary judgment?
Judge Kiley held that under the Arizona Court of Appeals precedent in Wells Fargo Bank, N.A. v. Allen, 231 Ariz. 209, a plaintiff moving for summary judgment cannot meet its burden merely by submitting an affidavit avowing in conclusory terms that records were reviewed and money is owed. The HOA failed to attach the underlying documents or explain how the ledger was prepared to allow independent judicial verification.
Why was the homeowner not penalized for failing to file a formal controverting response?
Under Schwab v. Ames Construction, 207 Ariz. 56, if a moving party fails to meet its initial burden of showing entitlement to judgment as a matter of law, the nonmoving party is under no obligation to respond or controvert the motion. Summary judgment must be denied based solely on the moving party’s failure of proof.
How does this lower-court ruling relate to later appellate litigation between these parties?
This 2022 ruling in LC2022-000227 successfully overturned the justice court monetary judgment. Subsequently, in separate superior court lien-foreclosure proceedings before Judge Driggs, the association obtained a foreclosure decree that was affirmed on appeal in 2 CA-CV 2025-0138 due to procedural briefing waiver, underscoring the distinction between evidentiary challenges and procedural compliance.
What must an Arizona HOA prove to obtain summary judgment on an assessment debt?
Under Judge Kiley’s decisions, an association must provide copies of the actual underlying billing records for independent court review, submit an affidavit from someone with personal knowledge explaining how the records were prepared and kept, and prove that all charged fees, fines, and costs were authorized by the governing documents.
Case Dossier
This dossier combines the case metadata, linked court sources, and the explanatory sections below. It distinguishes court rulings from party filings, allegations, and requested relief.
Case Summary
| Case ID / citation | Maricopa County Superior Court No. LC2022-000227 |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | September 14, 2022 |
| Judge / panel | Hon. Daniel J. Kiley |
| Parties | Desert Crown III HOA (Appellee) v. Debabrata Gupta (Appellant) |
| Governing law |
|
| Topics | AssessmentsFinesProcedure |
| Outcome / holding | Reversed and remanded. An HOA moving for summary judgment cannot establish a prima facie entitlement to judgment merely by submitting an unexplained ledger and a conclusory property-manager affidavit asserting review of unidentified records; the court cannot blindly accept an avowal of debt. Because the association failed to make its prima facie showing, the homeowner was not required to controvert the motion under Schwab v. Ames Construction. |
| Primary public source | View hosted source opinion/order |
Parties, Court, and Research Coverage
| Reviewed source package | 3 PDFs |
|---|---|
| Step-by-step docket roadmap | 6 roadmap entries |
| Video overview | Desert Crown III Homeowners Association v. Debabrata Gupta |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Featured download links | 2 download links |
Key Issues & Findings
Desert Crown III Homeowners Association sued homeowner Debabrata Gupta in McDowell Mountain Justice Court for $4,204.50 in delinquent assessments, late charges, and fines. The justice court granted summary judgment for the association. Representing himself pro se, Gupta appealed to Maricopa County Superior Court. Judge Daniel J. Kiley reversed the judgment in an 8-page ruling. Applying the Arizona Court of Appeals landmark precedent in Wells Fargo Bank, N.A. v. Allen, Judge Kiley held that a plaintiff cannot obtain summary judgment simply by submitting an unexplained ledger and a conclusory property manager declaration. Because the association failed to provide underlying documentation or explain how the ledger was calculated, it failed to make a prima facie case. Under Schwab v. Ames Construction, the homeowner was not required to controvert the motion, requiring complete reversal and remand.
On de novo review of the justice court record under Schwab v. Ames Construction, 207 Ariz. 56, Judge Kiley scrutinized the association's motion for summary judgment. The association submitted an account ledger and an affidavit from property manager Thomas asserting that based on "review of Association documents and records," Gupta was indebted for $4,204.50. However, the Thomas Affidavit never identified what documents were reviewed, never claimed familiarity with how the ledger was prepared, and did not even mention the ledger itself.
Citing Wells Fargo Bank, N.A. v. Allen, 231 Ariz. 209 (App. 2012), Copper State Financial Management v. High Valley Builders, and CACH, LLC v. Martin, Judge Kiley explained that a court cannot simply defer to a plaintiff's avowal of debt. Conclusory affidavits setting forth liquidated amounts without underlying documents or explanation of accuracy fail as a matter of law. Under Schwab, if a moving party fails to demonstrate an entitlement to judgment, the nonmoving party need not even respond to controvert the motion. Finding that the association failed to establish a prima facie debt, the Superior Court reversed the justice court judgment in full and remanded the matter.
This decision provides crucial judicial authority holding HOAs strictly accountable to Arizona summary judgment standards. Property management companies frequently generate computer ledgers with unexplained codes, fees, and penalties, and collection attorneys submit boilerplate manager affidavits asserting that the balance is owed. Judge Kiley's ruling confirms that Arizona law does not permit summary judgment on such barebones submissions. An HOA must produce the actual underlying records and provide detailed, competent witness testimony explaining the preparation, accuracy, and contractual authorization of every charged item.