02/06/2004 — CV2003010689 COMMUNITY ASSOCIATION INC, OAKWOOD LAKES 02/06/2004 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
02/06/2004
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
L. Muhammad
Deputy
FILED: 02/10/2004
OAKWOOD LAKES COMMUNITY
ASSOCIATION INC
JAMES H HAZLEWOOD
v.
CEDRIC M WADE, et al.
SANFORD J GERMAINE
MINUTE ENTRY
The Court has received and considered Defendants’ Supplement to Motion for New Trial
or Alternatively to Set Aside Order, the responsive pleading submitted by Plaintiff, and the reply.
IT IS ORDERED denying Defendants’ Motion for New Trial or Alternatively to Set
Aside Order.
IT IS FURTHER ORDERED that the requirements of Rule 58(g) are waived out of
necessity, on the part of the Court, to shorten the administrative time involved in the processing
of a separate written Order and to conserve judicial resources. This minute entry is accordingly
signed as the formal written Order of the Court.
/S/ J. RICHARD GAMA
______________________________________
HONORABLE J. RICHARD GAMA
JUDGE OF THE SUPERIOR COURT
06/12/2003 — CV2003010689 COMMUNITY ASSOCIATION INC, OAKWOOD LAKES 06/12/2003 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
06/12/2003
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
A. Reinhart
Deputy
FILED: 06/19/2003
OAKWOOD LAKES COMMUNITY
ASSOCIATION INC
JAMES H HAZLEWOOD
v.
CEDRIC M WADE, et al.
CEDRIC M WADE
5081 SOUTH MCCLELLAND DRIVE
CHANDLER AZ 85248-6042
MINUTE ENTRY
9:45 a.m. This is the time set for an order to show cause hearing. Plaintiff is represented
by counsel Jeff Corben. Defendants are neither present nor represented by counsel.
Court reporter, Michele Sink, is present.
A copy of the Affidavit of Service is handed to the Court and discussed.
After review of the copy of the Affidavit of Service,
THE COURT DOES HEREIN FIND that the Wades were served pursuant to the Rules
of Civil Procedure and this is an effective service based on the comments of the process server.
THE COURT FURTHER FINDS that it is approximately 20 minutes after the time the
hearing was set to proceed and the Defendants are not physically present. The Court will
proceed in this matter by default as to Defendants Wade.
Vickie Kuchinski is sworn and testifies.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
06/12/2003
Docket Code 022
Form V000A
Page 2
Plaintiff’s Exhibit 1 is marked for identification.
Plaintiff’s Exhibit 2 is marked for identification.
Plaintiff’s Exhibits 1 and 2 are received in evidence.
Witness is excused.
THE COURT HEREIN FINDS, after having heard the testimony of the witness,
that Defendants Wade are in violation of the CCRs; accordingly,
IT IS ORDERED granting the Permanent Injunction all in accordance with the formal
written order signed by the Court and entered (filed) by the clerk on June 12, 2003.
Discussion is held regarding counsel’s request for attorney fees.
For the reasons set forth on the record,
IT IS HEREIN ORDERED awarding Plaintiff attorney fees.
IT IS FURTHER ORDERED that Plaintiff shall within 20 days to file an Affidavit of
Attorney Fees and Costs.
IT IS FURTHER ORDERED that Defendants shall have 15 days thereafter to file a
response and Plaintiff shall have 5 days thereafter to file a reply. The matter will then be deemed
submitted for this Court’s determination.
FILED: Exhibit Worksheet; Trial Worksheet
10:00 a.m. Matter concludes.
06/23/2004 — CV2003010689 COMMUNITY ASSOCIATION INC, OAKWOOD LAKES 06/23/2004 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
06/23/2004
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
S. Brown
Deputy
FILED: 06/29/2004
OAKWOOD LAKES COMMUNITY
ASSOCIATION INC
JAMES H HAZLEWOOD
v.
CEDRIC M WADE, et al.
SANFORD J GERMAINE
MINUTE ENTRY
The Court received Plaintiff’s Application in Support of Attorneys’ Fees and Costs, the
responsive pleading and reply.
As there currently exists a stay of all proceedings pending an appeal, the Court will take
no action on Plaintiff’s Application for Attorneys’ Fees and Costs.
IT IS ORDERED that Plaintiff shall provide notice to the Court once the appeal process
has been completed so that the Court may address this motion in light of the Appellate Court’s
determination.
07/09/2003 — CV2003010689 COMMUNITY ASSOCIATION INC, OAKWOOD LAKES 07/09/2003 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
07/09/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
A. Reinhart
Deputy
FILED: 07/14/2003
OAKWOOD LAKES COMMUNITY
ASSOCIATION INC
JAMES H HAZLEWOOD
v.
CEDRIC M WADE, et al.
SANFORD J GERMAINE
ORAL ARGUMENT SET
IT IS ORDERED setting this matter for oral argument re Defendants’ Motion for New
Trial or Alternatively to Set Aside Order and Defendants’ Motion to Dismiss for Insufficiency of
Service of Process on Friday, September 12, 2003 at 2:30 p.m., in this division:
Honorable J. Richard Gama
Judge of the Superior Court, Maricopa County
101 West Jefferson
East Court Building, 6th Floor
Courtroom/Suite 611
Phoenix, Arizona
602-506-1245
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.
10/03/2003 — CV2003010689 COMMUNITY ASSOCIATION INC, OAKWOOD LAKES 10/03/2003 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
10/03/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
L. Muhammad
Deputy
FILED: 10/10/2003
OAKWOOD LAKES COMMUNITY
ASSOCIATION INC
JAMES H HAZLEWOOD
v.
CEDRIC M WADE, et al.
SANFORD J GERMAINE
MINUTE ENTRY
3:02 p.m. This is the time set for hearing Defendants’ Motion for New Trial or
Alternatively to Set Aside Order. Plaintiff is represented by counsel James H. Hazlewood.
Defendant Cedric M. Wade is present with counsel Sanford J. Germaine, who also represents
Lisa M. Wade who is not present.
Court reporter: Michele Sink.
The Court has had the opportunity to review the Motion, the Response, and the Reply in
this cause.
Court and counsel discuss the status of the case.
Lawrence A. Sentif is sworn and testifies.
The witness is excused.
Cedric Matthew Wade is sworn and testifies.
Both sides rest.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-010689
10/03/2003
Docket Code 019
Form V000A
Page 2
Arguments are presented on Defendants Wade’s Motion to Dismiss for Insufficiency of
Service of Process.
3:32 p.m. By Counsel Germaine.
3:37 p.m. By Counsel Hazlewood.
IT IS ORDERED denying Defendants Wade’s Motion to Dismiss for Insufficiency of
Service of Process. THE COURT DOES FIND that the service of process was sufficient in this
matter, pursuant to the Arizona Rules of Civil Procedure 41(d).
Arguments are presented on the Motion to Alternatively Set Aside the Order.
3:40 p.m. By Counsel Hazlewood.
3:43 p.m. By Counsel Germaine.
3:46 p.m. By Counsel Hazlewood.
IT IS ORDERED denying the Motion Set Aside the Order.
Both counsel are to rebrief the Motion for a New Trial.
Focusing on the meritorious defense argument and the enforceability of the CC&R’s as
part of the meritorious defense argument,
Petitioner/Defendant shall have 20 days within which to supplement the Motion for New
Trial.
Respondent/Plaintiff shall have 15 days for Response.
Petitioner/Defendant shall have 5 days for Reply.
The matter will be deemed submitted to the Court on the pleadings. The Court will not
allow oral argument. The Court will rule on the Motion for a New Trial on the basis of case
authority.
The permanent injunction shall remain in effect until further Order of the Court. The
restraining Order shall remain in effect in the Respondent/Plaintiff.
3:49 p.m. Matter concludes.
