04/20/2001 — CV2000010467 BARTHEL, ALFRED WILLIAM 04/20/2001 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 04/24/2001
04/20/2001
CLERK OF THE COURT
FORM V000A
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 020
Page 1
FILED: _________________
ALFRED WILLIAM BARTHEL
JOSEPH H WATSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, et al.
TODD A RIGBY
ANGILA L GALLENSTEIN
MATTER TAKEN UNDER ADVISEMENT
8:31 a.m. This is the time set for oral argument on
Defendants Capital Consultants Management Corp. and Carol Paul’s
motion for summary judgment (which Defendant Desert Mountain
Master Association has joined). Present on behalf of the
Plaintiff is Joseph H. Watson, present on behalf of Defendant
Desert Mountain Master Association is Todd A. Rigby, and present
on behalf of the moving Defendants is Angila L. Gallenstein.
Court reporter, Jeff Klein, is present.
Oral argument is presented on the motion. During the course
of the argument Defendants’ reply, which was filed with the
Clerk’s Office on April 10, 2001, is submitted to the Court.
Based upon the foregoing,
IT IS ORDERED taking the Defendants’ motion for summary
judgment under advisement.
8:54 a.m. Matter concludes.
04/24/2001 — CV2000010467 BARTHEL, ALFRED WILLIAM 04/24/2001 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 04/26/2001
04/24/2001
CLERK OF THE COURT
FORM V000A
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 079
Page 1
FILED: _________________
ALFRED WILLIAM BARTHEL
JOSEPH H WATSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, et al.
TODD A RIGBY
ANGILA L GALLENSTEIN
CASE PARTIALLY DISMISSED
On April 20, 2001, the Court took Defendants’ motion for
summary judgment under advisement. The Court now rules as
follows:
The Court read and considered Defendants Capital Management
Corporation and Carol Paul's motion for summary judgment
regarding
no
liability,
Defendant
Desert
Mountain
Master
Association's
Joinder,
Plaintiff's
response
and
Defendants
Capital Management and Carol Paul's reply, as well as the oral
arguments of counsel and the applicable law.
The Court finds that considering the facts to be true in the
light most favorable to the Plaintiff, the Defendants are
entitled to judgment as a matter of law.
The Court finds that the statements alleged by the
Defendants do not support a claim of defamation per se. None of
the statements were of the nature that would "prejudice the
person in the profession, trade or business in which he is
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 04/26/2001
04/24/2001
CLERK OF THE COURT
FORM V000A
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 079
Page 2
actually engaged." Modla v. Parker, 17 Ariz. App. 54, 495 P.2d
494 (1972).
The Court also finds that none of the statements alleged
support a claim of defamation per quod. Defamation per quod is
proven by evidence of a false statement of and concerning the
Plaintiff; publication to a third party; and damages resulting
from the statement. Dombey v. Phoenix Newspaper, Inc. 150, Ariz.
476, 481, 724 P.2d 562, 567 (1986).
Substantial truth is a defense to defamation. Fendler v.
Phoenix Newspapers, Inc., 130 Ariz. 475, 636 P.2d 1257 (1981).
In the present case, the Plaintiff's affidavit and the police
report submitted in support of Defendants' statement of facts
show that all statements alleged to have been made by Carol Paul
were substantially true. The discrepancies between her alleged
statements and the final outcome of the incident are not so
substantial as to defeat the finding of substantial truth.
The Court further finds that the facts taken in the light
most favorable to the Plaintiff fail to show facts sufficient to
maintain a claim under 42 U.S.C. § 1981. The Court finds that no
contractual relationship existed between Plaintiff and any of the
Defendants, nor does Plaintiff allege that his rights to contract
with others were infringed in any way. Finally, the statements
alleged to have been made by Defendants, although insensitive and
rude, do not demonstrate disparate treatment of a class of
people.
IT IS THEREFORE ORDERED granting Defendants' motion for
summary judgment in full.
IT IS FURTHER ORDERED that Defendants Carol Paul and Capital
Consultants Management Corporation are hereby dismissed with
prejudice, each party to bear their own costs and attorneys'
fees, in accordance with the formal written order signed by the
Court on April 23, 2001.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 04/26/2001
04/24/2001
CLERK OF THE COURT
FORM V000A
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 079
Page 3
Mr. Rigby should submit a formal written dismissal order
regarding Defendant Desert Mountain Master Association.
06/04/2001 — CV2000010467 BARTHEL, ALFRED WILLIAM 06/04/2001 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/06/2001
06/04/2001
CLERK OF THE COURT
FORM V022
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 049
Page 1
FILED: _________________
ALFRED WILLIAM BARTHEL
JOSEPH H WATSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, et al.
TODD A RIGBY
WILLIAM H DOYLE
JUDGMENT SIGNED
Pursuant to this Court’s April 24, 2001 minute entry order,
counsel
for
Defendant
Desert
Mountain
Master
Association
submitted a notice of lodging proposed order and proposed form
of order. Thereafter, the Court received Plaintiff’s objection
to form of judgment, Defendant Desert Mountain’s reply to
Plaintiff’s
objection,
Defendants
Carol
Paul
and
Capital
Management Corporations’ joinder in Desert Mountain’s reply and
Defendants Carol Paul and Capital Management’s proposed form of
final judgment. Based upon all of the foregoing, the Court did
not sign Defendant Desert Mountain’s proposed order. However,
IT IS ORDERED approving and settling formal written final
judgment (submitted by Defendants Capital Consultants Management
Corporation and Paul) in favor of Defendants Desert Mountain
Master Association, Capital Consultants Management Corporation,
Carol Paul and John Doe Paul, signed by the Court on June 4,
2001 and filed (entered) by the clerk on June 4, 2001.
08/15/2001 — CV2000010467 BARTHEL, ALFRED WILLIAM 08/15/2001 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 08/17/2001
08/15/2001
CLERK OF THE COURT
FORM V000A
HONORABLE COLLEEN MCNALLY
K. Ballard
Deputy
CV 2000-010467
Docket Code 019
Page 1
FILED: _________________
ALFRED WILLIAM BARTHEL
JOSEPH H WATSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, et al.
TODD A RIGBY
WILLIAM H DOYLE
RULING
The Court has received Plaintiff’s motion for new trial,
Defendant Desert Mountain’s response, and Defendant Capital
Consultants Management and Carol Paul’s response. Based upon
the foregoing,
IT IS ORDERED denying Plaintiff’s motion for new trial.
