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Maricopa County Superior Court Case CV2006-052755: public docket details, parties, minute entries, documents, and official source links for Desert Mountain Master Association, The.

Case Number

CV2006-052755

County

Maricopa

Caption

Not captured

Filed

9/21/2006

Case Type

Civil

Judge

Gordon, Michael

Location

Northeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
01/12/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
STATUS CONFERENCE SET
The court having received the Notice of Settlement between Plaintiff and The
Association Defendants and Plaintiff’s Request for Expedited Status Conference Re: Remaining
Claims and Defendants,
IT IS ORDERED setting a Telephonic Status Conference for January 15, 2009 at
9:30 a.m., in this division. The court will initiate the phone conference.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/20/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
01/15/2009
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
TRIAL VACATED
9:50 a.m. This is the time set for Telephonic Status Conference. Plaintiff is represented
by counsel, Frederick E. Davidson and Chad R. Kaffer. Defendant Mario F. Escudero is present
on his own behalf.
Court Reporter, Melody O’Donnell, is present as well as a record of the proceedings
being made by CD (FTR).
Discussion is held.
The parties inform the court that Plaintiff will be requesting its attorney’s fees with
respect to the granting of Plaintiff’s motion for summary judgment against Mr. Escudero and that
Mr. Escudero will be filing a motion for reconsideration. All of the remaining claims between

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
01/15/2009
Docket Code 081
Form V000A
Page 2
the Plaintiff and Mr. Escudero have been withdrawn and Mr. Escudero is withdrawing his
joinder to the motion for sanctions.
IT IS ORDERED vacating the Evidentiary Hearing Re: Sanctions set for January 16,
2009 at 1:30 p.m., the Final Pretrial Conference set for January 23, 2009 at 9:00 a.m. and the
Trial set for January 26, 2009 at 9:00 a.m. in this division.
9:53 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/11/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
02/07/2008
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
JUDGMENT SIGNED
The Court having reviewed Defendants Kenny, Foltz and Realty Executives, Inc.’s
Notice of Lodging Proposed Form of Judgment and Statement of Costs, Plaintiff’s Objection,
Defendants’ Response, and good cause appearing,
IT IS ORDERED overruling said Objection as Defendant on January 14, 2008 provided
the Court with an itemized Statement of Costs without further objection from Plaintiff.
IT IS FURTHER ORDERED entering judgment all in accordance with the formal written
Judgment signed by the Court on February 7, 2008 and entered (filed) by the Clerk on February
7, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/14/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
02/12/2008
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Summary Judgment
against Defendant Desert Mountain Re: Unenforceability of Lot Assemblage for April 21,
2008 at 9:30 a.m., in this division.
IT IS FURTHER ORDERED as follows:

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
03/02/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
BRIAN G LESTER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
SCOTT M DRUCKER
ORDER ENTERED BY COURT
The Court having been orally advised by Plaintiff’s counsel that the parties are working
on a stipulation that would resolve Defendants Kenny, Foltz and Realty Executives, Inc.’s
Motion for Partial Summary Judgment on the Issue of Attorneys’ Fees; and good cause
appearing,
IT IS ORDERED that this Court will not take any action on said Motion unless requested
to do so in writing by either party.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/22/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
03/18/2010
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JUDGMENT SIGNED
The court has considered Plaintiff’s application for attorneys’ fees and costs, Defendant’s
response and the reply.
Balancing the relative hardships of the parties, the court finds Plaintiff is entitled to the
fees requested. The judgment lodged by Plaintiff is signed by the court on March 15, 2010 and
entered (filed) by the Clerk of Court on March 18, 2010.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
04/06/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
TELEPHONIC PRETRIAL SCHEDULING CONFERENCE SET
The Court has received Plaintiff’s Motion to Set and Certificate of Readiness and
Defendants’ Controverting Certificate.
IT IS ORDERED setting a Telephonic Pretrial Scheduling Conference for May 3,
2007 at 8:30 a.m., in this division (602) 506-5806. Counsel for the Plaintiff shall initiate the
telephone call. Counsel are advised that all parties shall use a landline and that no party will be
allowed to appear by cell phone.
IT IS FURTHER ORDERED that by April 30, 2007, the parties shall submit to the Court
a Joint Pretrial Memorandum setting forth the following:
1. The parties proposed schedule for additional discovery including
depositions and all other discovery pursuant to the rules of procedure or
as agreed upon by the parties. NOTE: The date for disclosure of non-

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
04/06/2007
Docket Code 041
Form V000A
Page 2
expert witnesses must be at least forty-five days before the completion of
discovery.
2. The parties' proposed schedule for disclosure of expert witnesses and
designation pursuant to Rule 26(b)(4). NOTE: The disclosure should
be within ninety days of the scheduling conference except upon a
showing of good cause.
3. The parties' proposed schedule for any agreed upon amendments to the
pleadings and any requested amendments to the pleadings.
4. The parties' proposed date for a settlement conference.
5. The parties' proposed date for trial. NOTE: The parties should come to
the scheduling conference with the trial calendars of the attorneys
responsible for trial.
If there are any discovery disputes, they must be filed with the Court by motion at least ten
days prior to the scheduling conference. A response must be filed not less than three days prior to
the conference. No reply will be filed. The Court will assess any appropriate sanction if the Court
finds that any party or attorney engaged in unreasonable, groundless, abusive or obstructionist
discovery.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/28/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
04/21/2008
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MATTER UNDER ADVISEMENT
9:32 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Summary
Judgment against Defendant Desert Mountain Re: Unenforceability of Lot Assemblage and
Defendants’ Cross-Motion for Summary Judgment on the Enforceability of the Association’s
Documents. Plaintiff is represented by counsel, Chad R. Kaffer. Defendants are represented by
counsel, Angela L. Potts, Curtis S. Ekmark and Quentin T. Phillips.
Court Reporter, Kim Hannan, is present.
Arguments are heard.
IT IS ORDERED taking Plaintiff’s Motion for Summary Judgment against Defendant
Desert Mountain Re: Unenforceability of Lot Assemblage and Defendants’ Cross-Motion for
Summary Judgment on the Enforceability of the Association’s Documents under advisement.
10:37 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/09/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/03/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
BRIAN G LESTER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
SCOTT M DRUCKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JURY TRIAL SET
8:42 a.m. This is the time set for Telephonic Pretrial Scheduling Conference. Plaintiff is
represented by counsel, Brian G. Lester. Defendants Desert Mountain are represented by
counsel, Matthew B. Meaker. Defendants Kenny, Foltz and Realty Executives are represented
by counsel, Scott M. Drucker. Defendant Mario Escudero is neither present nor represented by
counsel.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.
Discussion is held.
IT IS ORDERED:
1.
Adopting the stipulated deadlines set forth in the parties’ Joint Pretrial
Memorandum filed on or about April 26, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/03/2007
Docket Code 089
Form V000A
Page 2
2.
All discovery in this case will be completed no later than October 11, 2007.
3.
The parties having advised the Court that they have a settlement conference
scheduled for May 29, 2007.
IT IS FURTHER ORDERED:

1. This matter is set for Trial to a Jury on December 11, 2007 at 8:30 a.m.
Estimated length of trial is: 3-4 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.

2. The joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, is due by 5:00 p.m. on November 13, 2007. In addition to the information required
by Rule 16(d), counsel are to identify in/with the joint pretrial statement all deposition or other
transcribed testimony that may be offered at trial. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony, and the reasons for
such objections, are also to be set forth. Exhibits for trial shall be consecutively numbered
and presented to the Clerk for marking in accord with the joint pretrial statement. Please
DO NOT place exhibits in a notebook when submitting them to the Court.
3. Motions in limine shall be due no later than November 13, 2007. Said motions must
meet the test of State v. Superior Court, 108 Ariz. 396, 499 P.2d 152 (1972): "The primary
purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters which may
compel a mistrial."
4. Responses to motions in limine shall be due no later than November 20, 2007. No
replies shall be filed.
5. No less than five (5) judicial days prior to trial, counsel (or the parties) shall file:
A. Requested jury instructions and any voir dire questions counsel request that
the Court ask.
The Judge would appreciate counsel providing a copy of the jury instruction
requests on IBM-compatible double-sided, high density 3.5 inch diskettes, in
Microsoft Word.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/03/2007
Docket Code 089
Form V000A
Page 3
B. Any trial memoranda (optional), which will be in lieu of post-trial briefs
unless otherwise requested by the Court at the conclusion of the trial.
C. Proposed findings of fact and conclusions of law (if a request for findings of
fact and conclusions of law has been or will be filed).
6. All motions (except motions in limine) shall be filed no later than August 11, 2007 so
they can be scheduled, briefed, argued and decided prior to trial.

7. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division (602-372-
7725) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. No duplicate exhibits shall be presented for marking. If either
party fails to comply with the steps for marking exhibits, that party’s exhibits may be
precluded from being marked at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.
8. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
9. The witness and exhibit lists shall contain no surprises; any information sought by
other discovery devices and revealed for the first time on the witness or exhibit lists will be
inadmissible at trial.
10. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.
8:49 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/09/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/07/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
UNDER ADVISEMENT RULING
The Court having taken Plaintiff’s Motion for Summary Judgment against Defendant
Desert Mountain Re: Unenforceability of Lot Assemblage and Defendants’ Cross-Motion for
Summary Judgment on the Enforceability of the Association’s Documents under advisement;
having reviewed the memoranda of the parties and legal authorities cited therein; and good cause
appearing,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment against Defendant
Desert Mountain Re: Unenforceability of Lot Assemblage, this Court finding that the
Association does not have standing or contractual rights to compel Plaintiff to maintain and
develop its Property as a single unit. Therefore the permission of the Association or 100% of the
adjacent landowners is not required as long as the City of Scottsdale consents to the dissolution

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/07/2008
Docket Code 019
Form V000A
Page 2
of the Covenant and Agreement to Hold as One Parcel, and the development of Lots 363 and
364, are consistent with current City zoning, the final plat map, and the subdivision’s restrictive
covenants. Defendant has the authority to enforce the restrictive covenants on the behalf of the
Association; however Defendant is not in privity of contract with the City of Scottsdale and the
Plaintiff’s predecessor, nor is the Association a third-party beneficiary of said Agreement. All
purchasers of lots who are also members of the Association took their lots pursuant to the
CC&R’s and the final plat map as approved of by the City. As such, each homeowner’s
prospective construction plans are subject to approval by the Association, which said approval
can not be unreasonably withheld. Neither the Association nor individual homeowners had any
right to assume that Lots 363 and 364 would necessarily be built upon as a single home on a
combined lot. The building envelope for each home would necessarily have to be developed in
accord with the individual house plans after appropriate engineering, grading and plan approval
by the Association. The decision to now build upon a single combined lot or upon two separate
lots as per the City approved and recorded final plat map is left to the sound discretion of the
land owner, subject to the Association’s reasonable approval of Plaintiff’s construction plans.
IT IS FURTHER ORDERED denying Defendants’ Cross-Motion for Summary Judgment
on the Enforceability of the Association’s Documents.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/30/2008
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
TRIAL VACATED
3:33 p.m. Telephonic Conference is held. Plaintiff is represented by counsel, Chad R.
Kaffer. Desert Mountain Defendants are represented by counsel, Angela L. Potts. Defendant,
Mario F. Escudero, is present on his own behalf.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.
Discussion is held.
IT IS ORDERED vacating the Trial set for June 10, 2008 at 8:30 a.m. in this division.
IT IS FURTHER ORDERED directing counsel to meet and confer and contact this
division’s Judicial Assistant no later than 12:00 p.m. on June 4, 2008 to select a new trial date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/30/2008
Docket Code 081
Form V000A
Page 2
IT IS FURTHER ORDERED setting a Final Pretrial Conference and Oral Argument on
Motions in Limine for July 11, 2008 at 10:30 a.m. (1 hour allotted) before Judge Brian R.
Hauser.
IT IS FURTHER ORDERED that any and all previously set trial deadlines have not been
extended except for the trial date.
3:49 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
05/29/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
HEARING HELD
8:40 a.m. This is the time set for Oral Argument on Motions in Limine. Plaintiff is
represented by counsel, Frederick E. Davidson and Chad Kaffer. Defendant Desert Mountain is
represented by counsel, Angela L. Potts and Curtis Ekmark. Defendant, Mario F. Escudero, is
present on his own behalf.
Court Reporter, Kim Hannan, is present.
Counsel request that the Court proceed in conducting a settlement conference in lieu of
hearing oral argument on the pending motions in limine.
8:55 a.m. Court and counsel conduct a settlement conference off the record.
Let the record reflect that a settlement is not reached.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/09/2008
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JURY TRIAL SET
Counsel and this division’s Judicial Assistant having orally conferred,
IT IS ORDERED:

1. This matter is set for Trial to a Jury on October 27, 2008 at 9:00 a.m.
Estimated length of trial is: 5 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.
Counsel are advised that as of June 18, 2008, Judge Brian R. Hauser will assume this
calendar and all future hearings will take place in Courtroom 109 of the Northeast Regional
Court Complex (602) 506-6086.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/09/2008
Docket Code 089
Form V000A
Page 2
2. Vacating the Oral Argument on Motions in Limine and Final Pretrial Conference set
for July 11, 2008 at 10:30 a.m. and resetting the same for October 3, 2008 at 10:30 a.m. (time
allotted: 90 minutes).

3. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division (602-372-
7725) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. No duplicate exhibits shall be presented for marking. If either
party fails to comply with the steps for marking exhibits, that party’s exhibits may be
precluded from being marked at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/27/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/25/2008
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
TRIAL VACATED
The court has determined that its current trial calendar contains numerous trial settings
that are in conflict with other trial settings or are no longer needed. The historical method of
setting trials on this calendar renders illusory the court’s ability to ensure that a trial will start on
the date set.
This division has decided to manage the trial calendar in accordance with the practices of
the overwhelming majority of civil divisions of the court. That practice dictates that no more
than one trial be set on any day, thus providing attorneys and litigants with certainty that the trial,
once set, will not be continued due to congestion of the court calendar.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/25/2008
Docket Code 081
Form V000A
Page 2
Accordingly, for all trials set September 1, 2008 and after,
IT IS ORDERED vacating the trial date, and any associated final pretrial conference
setting and oral argument on motions in limine.
IT IS FURTHER ORDERED setting a Scheduling Conference on August 5, 2008 at
3:30 p.m. (30 minutes allotted) in this division. All parties shall personally appear for said
hearing.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel still believe that a
pretrial conference is still necessary at this stage of the litigation, they should address the reasons
for the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5:00 p.m. on July 29, 2008, a Joint
Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines.
The proposed order shall include dates for the following items and conform substantially with
the attached sample order.
1.
An agreed upon schedule and date for completion of non-expert depositions.
As far as can reasonably be anticipated, each party shall set forth the depositions
they anticipate taking and the approximate time required for each; any and all
medical examinations which may be required of any of the parties; the person or
persons to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of the identities subject matters and reports of
expert witnesses, and/or to supplement disclosures made to date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/25/2008
Docket Code 081
Form V000A
Page 3
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. All proposed deadlines shall
be set forth as calendar dates, and not in the form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/25/2008
Docket Code 081
Form V000A
Page 4
[Proposed] Scheduling Order
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(4)
Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive mediation
by (MM/DD/YYYY).
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
[counsel to leave this date blank], (time allotted: 15 minutes), in this Division. Counsel for the
Plaintiff shall initiate the phone conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
06/25/2008
Docket Code 081
Form V000A
Page 5
HONORABLE BRIAN R. HAUSER
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT COMPLEX
18380 N. 40th St.
COURTROOM 109
PHOENIX, AZ 85032
602-506-6086 TEL
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and report to the
Court the history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/17/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
07/15/2008
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Desert Mountain Defendants’ and
Defendant Mario F. Escudero’s Motion for Sanctions Against Plaintiff and Plaintiff’s Counsel
Pursuant to Rule 11 and A.R.S. §12-349 and Plaintiff’s Request for Sanctions for August 15,
2008 at 9:30 a.m. (30 minutes allotted), in this division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/26/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
07/24/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
RULING
The Court having reviewed Plaintiff’s Motion for Leave to File First Amended
Complaint, no objections having been received, and good cause appearing,
IT IS ORDERED granting said Motion.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/05/2008
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F AND GRACE ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JURY TRIAL SET
3:31 p.m. This is the time set for Pretrial Scheduling Conference. Plaintiff is represented
by counsel, Chad R. Kaffer. Defendant Desert Mountain Master Association is represented by
counsel, Angela L. Potts and Quentin T. Phillips. Defendant Mario F. Escudero is present on his
own behalf.
Court Reporter, Melody O’Donnell, is present.
Discussion is held.
The parties inform the court that all disclosure and discovery deadlines have passed, the
parties have participated in a settlement conference and that this case is ready to be set for trial
with the exception of Plaintiff’s pending motion for leave to amend the complaint which will be
responded to and ruled on in due course.
IT IS ORDERED:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/05/2008
Docket Code 089
Form V000A
Page 2

1. This matter is set for Trial to a Jury on October 27, 2008 at 9:00 a.m.
Estimated length of trial is: 4 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.
Setting Oral Argument on Motions in Limine for September 19, 2008 at 10:00 a.m.
(Time allotted: 2 hours).
Setting a Final Pretrial Conference for October 17, 2008 at 9:00 a.m. (Time allotted: 1
hour).

2. An updated joint pretrial statement in accordance with Rule 16(d), Arizona Rules of
Civil Procedure, is due by 5:00 p.m. on September 29, 2008. In addition to the information
required by Rule 16(d), counsel are to identify in/with the joint pretrial statement all deposition
or other transcribed testimony that may be offered at trial. The proposed testimony is to be
identified by reference to page and line numbers. Objections, if any, to such testimony, and the
reasons for such objections, are also to be set forth. Exhibits for trial shall be consecutively
numbered and presented to the Clerk for marking in accord with the joint pretrial
statement.
3. No less than five (5) judicial days prior to trial, counsel (or the parties) shall file:
A. Requested jury instructions and any voir dire questions counsel request that
the Court ask.
The Judge would appreciate counsel providing a copy of the jury instruction
requests on a CD in Microsoft Word.
B. Any trial memoranda (optional), which will be in lieu of post-trial briefs
unless otherwise requested by the Court at the conclusion of the trial.
C. Proposed findings of fact and conclusions of law (if a request for findings of
fact and conclusions of law has been or will be filed).
4. Any PowerPoint or other computer presentations to be used by any expert witness
during their testimony shall be disclosed at the time of their expert report and in no event any
later than 30 days prior to the taking of their deposition. Any PowerPoint or other computer

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/05/2008
Docket Code 089
Form V000A
Page 3
presentations to be used by counsel in their opening statements or closing arguments shall be
disclosed no later than the date that the Joint Pretrial Statement is filed with the Court.

5. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division (602-372-
7723) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. No duplicate exhibits shall be presented for marking. If either
party fails to comply with the steps for marking exhibits, that party’s exhibits may be
precluded from being marked at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.
6. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
7. The witness and exhibit lists shall contain no surprises; any information sought by
other discovery devices and revealed for the first time on the witness or exhibit lists will be
inadmissible at trial.
8. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.
3:40 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/15/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/13/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
RICHARD V MACK
MARIO F ESCUDERO
10421 E SCOP TRAIL
SCOTTSDALE AZ 85262
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Partial Summary
Judgment Re: Invalidity of Lot Tie of Lots 363 and 364, Plaintiff’s Motion for Partial
Summary Judgment Re: Mutual Mistake and Defendants Kenny, Foltz and Realty
Executives, Inc.’s Motion for Summary Judgment for October 22, 2007 at 10:00 a.m., in this
division.
IT IS FURTHER ORDERED as follows:

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/14/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
BRIAN G LESTER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Desert Mountain Defendants’ Motion for
Summary Judgment on Promissory Estoppel Claim, Desert Mountain Defendants’ Motion
for Summary Judgment on Negligent Misrepresentation Claim, and Desert Mountain
Defendants’ Motion for Partial Summary Judgment on Plaintiff’s Declaratory Judgment
Claim for October 22, 2007 at 10:00 a.m., in this division.
IT IS FURTHER ORDERED as follows:

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/14/2007
Docket Code 094
Form V000A
Page 2

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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/19/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/15/2008
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JUDGE KATZ
EVIDENTIARY HEARING SET
9:30 a.m. This is the time set for Oral Argument on Desert Mountain Defendants and
Defendant Mario F. Escudero’s Motion for Sanctions Against Plaintiff and Plaintiff’s Counsel
Pursuant to Rule 11 and A.R.S. § 12-349. Plaintiff’s principal, Mike Ripson, is present and
represented by counsel, Chad R. Kaffer. Desert Mountain Defendants are represented by
counsel, Angela L. Potts and Quentin T. Phillips. Defendant Mario F. Escudero is present on his
own behalf.
Court Reporter, Melody O’Donnell, is present.
Arguments are heard.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/15/2008
Docket Code 056
Form V000A
Page 2
IT IS ORDERED granting Desert Mountain Defendants and Defendant Mario F.
Escudero’s Motion for Sanctions Against Plaintiff and Plaintiff’s Counsel Pursuant to Rule 11
and A.R.S. § 12-349.
IT IS FURTHER ORDERED setting an Evidentiary Hearing Re: Sanctions in this matter
on September 26, 2008 at 9:00 a.m. in this division (time allotted: 1 hour).
THE HONORABLE BRIAN R. HAUSER
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 109
PHOENIX, ARIZONA 85032
Each party shall have one-half of the allotted time to present his or her case.
IT IS FURTHER ORDERED vacating the Oral Argument on Motions in Limine set for
September 19, 2008 at 10:00 a.m. in this division.
IT IS FURTHER ORDERED that oral argument on motions in limine will be heard in
conjunction with the Final Pretrial Conference previously set for October 17, 2008 at 9:00 a.m.
in this division. The time allotted is extended to 2 hours.
9:51 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/25/2008
Docket Code 530
Form V530H
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
COURT ADMIN-CIVIL-ARB DESK
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 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system is currently available for use and mandatory eFiling will
commence on October 1, 2008. Filing by conventional means may continue until this mandatory
date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE WILL NOT BE
CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/25/2008
Docket Code 530
Form V530H
Page 2
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
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 eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile 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 “EFILE CASE”.
The eFiling 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, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing
party chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted
by the Clerk's Office by phone for credit card payment. If we are unable to process payment by
phone, the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
eFiled 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
08/25/2008
Docket Code 530
Form V530H
Page 3
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE COURT.
ADDITIONALLY, THE PARTIES SHALL PROVIDE THIS DIVISION WITH HARD
COPIES OF ANY DISPOSITIVE MOTIONS, THE RESPONSES, REPLIES AND ANY
FILED DOCUMENT THAT EXCEEDS 10 PAGES, INCLUDING ANY EXHIBITS AND
ATTACHMENTS.
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 ***
09/08/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
09/02/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RULING
The court has received and reviewed Plaintiff’s Motion for Leave to File Second
Amended Complaint, Desert Mountain Defendants Response, and Plaintiff’s Reply.
IT IS ORDERED denying oral argument on Plaintiff’s Motion for Leave to File Second
Amended Complaint.
IT IS FURTHER ORDERED granting Plaintiff’s Motion for Leave to File Second
Amended Complaint.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/29/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
09/25/2008
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
W. Bobrowski
FOR HONORABLE BRIAN R. HAUSER
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
HEARING VACATED
The court having considered Plaintiff’s Application for Interlocutory Stay,
IT IS ORDERED granting Plaintiff’s Application for Interlocutory Stay and staying this
matter pending decision by the Appellate Court on Plaintiff’s Special Action all in accordance
with the formal written Order signed by the court on September 25, 2008 and entered (filed) by
the Clerk of Court on September 25, 2008.
IT IS FURTHER ORDERED vacating the Evidentiary Hearing set before Judge Hauser
on September 26, 2008 at 9:00 a.m. pending Court of Appeals ruling on Special Action filed by
Plaintiff.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/29/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
09/26/2008
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
COURT OF APPEALS
NUNC PRO TUNC MINUTE ENTRY
Based upon a review of the electronic court record of the oral argument that occurred
before this court on August 15, 2008,
IT IS ORDERED nunc pro tunc correcting this court’s minute entry dated August 15,
2008 and removing the first order on page 2 that granted Desert Mountain Defendants and
Defendant Mario F. Escudero’s Motion for Sanctions Against Plaintiff and Plaintiff’s Counsel
Pursuant to Rule 11 and A.R.S. §12-349.
IT IS FURTHER ORDERED affirming all other orders set forth in said minute entry
including the order setting an evidentiary hearing on September 26, 2008 at 9:00 a.m. to
determine if Desert Mountain Defendants and Defendant Mario F. Escudero’s Motion for

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
09/26/2008
Docket Code 021
Form V000A
Page 2
Sanctions Against Plaintiff and Plaintiff’s Counsel Pursuant to Rule 11 and A.R.S. §12-349
should be granted.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
09/30/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RULING
The court has considered the Desert Mountain Defendants’ Motion for Determination Re:
Attorneys’ Fees and Plaintiff’s Response.
IT IS ORDERED denying the Desert Mountain Defendants’ Motion for Determination
Re: Attorneys’ Fees.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/11/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
BRIAN G LESTER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
FREDERICK E DAVIDSON
RICHARD V MACK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
STATUS CONFERENCE SET
The Court having received the parties’ Stipulated Amended Joint Pretrial Memorandum,
IT IS ORDERED setting a Telephonic Status Conference for October 15, 2007 at 9:00
a.m., in this division. Counsel for the Plaintiff is to initiate the phone conference (602) 506-
5806. Counsel are advised that all parties shall use a landline and that no party will be allowed
to appear by cell phone.
LET THE RECORD REFLECT that counsel have been sent a copy of this minute entry
by facsimile transmission this date.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/15/2007
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
TRIAL VACATED AND RESET
9:01 a.m. This is the time set for Telephonic Status Conference Re: Stipulated Amended
Joint Pretrial Memorandum. Plaintiff is represented by counsel, Chad R. Kaffer. Defendants
Kenny, Foltz and Realty Executives are represented by counsel, Richard V. Mack. Defendant
Desert Mountain Master Association is represented by counsel, Matthew B. Meaker. Defendant
Mario F. Escudero appears on his own behalf.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.
Discussion is held.
IT IS ORDERED adopting the parties’ Stipulated Amended Joint Pretrial Memorandum
filed on September 27, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/15/2007
Docket Code 064
Form V000A
Page 2
IT IS FURTHER ORDERED vacating the Trial set for December 11, 2007 and
resetting same to June 10, 2008 at 8:30 a.m., in this division.
Estimated length of trial: 4-5 days.
IT IS FURTHER ORDERED that all deadlines previously set by the Court shall be
extended to the same time intervals prior to the new trial date as they were to the original trial
date. The Joint Pretrial Statement and Motions in Limine shall be due by 5:00 p.m. on May 13,
2008.
IT IS FURTHER ORDERED that responses to Motions in Limine shall be due by 5:00
p.m. on May 20, 2008.
IT IS FURTHER ORDERED that dispositive motions shall be filed no later than
February 10, 2008 so they can be scheduled, briefed, argued and decided prior to trial.
IT IS FURTHER ORDERED setting Oral Argument on Motions in Limine and a Final
Pretrial Conference for May 29, 2008 at 8:30 a.m. (time allotted: 1 hour).
9:11 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/20/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/15/2008
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
HEARING VACATED
Due to the issue of sanctions still pending before this court and on the court’s own
motion,
IT IS ORDERED vacating the oral argument re: motions in limine and final pretrial
conference set for October 17, 2008 at 9:00 a.m. and resetting it as a 30 minute telephonic
scheduling conference in which rescheduling the evidentiary hearing re: sanctions will be
addressed as well as the remaining issues left for trial. Counsel for the plaintiff shall initiate the
telephonic conference (602) 506-6086.
LET THE RECORD REFLECT that counsel and the remaining parties have been sent a
copy of this minute entry by facsimile transmission this date.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/17/2008
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JUDGE KATZ
TRIAL RESET
9:08 a.m. This is the time set for Telephonic Scheduling Conference. Plaintiff is
represented by counsel, Frederick E. Davidson and Chad Kaffer. Desert Mountain Defendants
are represented by counsel, Angela L. Potts. Defendant Mario F. Escudero is present on his own
behalf.
Court Reporter, Melody O’Donnell, is present.
Discussion is held.
IT IS ORDERED setting an Evidentiary Hearing Re: Sanctions for October 31, 2008 at
1:30 p.m. in this division (time allotted: 3 hours).
Each party shall have one-half of the allotted time to present his or her case and should
bear this in mind when scheduling their witnesses.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/17/2008
Docket Code 064
Form V000A
Page 2
IT IS FURTHER ORDERED that both sides shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least two (2) business days prior to the
hearing. Exhibits shall be accompanied with a numbered list of each exhibit and shall be
separated with a blank sheet of colored paper and or stapled. All hearing exhibits shall have
been exchanged prior to that time. No duplicate exhibits shall be presented for marking. If
either party fails to comply with the steps for marking exhibits, that party’s exhibits may
be precluded from being marked at the hearing.
IT IS FURTHER ORDERED vacating the 4-day Jury Trial set for October 27, 2008 at
9:00 a.m. and resetting the same for December 15, 2008 at 9:00 a.m. in this division.
IT IS FURTHER ORDERED setting a Final Pretrial Conference/Oral Argument on
Motions in Limine for December 5, 2008 at 10:00 a.m. in this division (time allotted: 2 hours).
9:19 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/22/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
CHAD ROBERT KAFFER
RICHARD V MACK
MATTER UNDER ADVISEMENT
10:32 a.m. This is the time set for Oral Argument on pending motions. Plaintiff is
represented by counsel, Frederick E. Davidson and Chad R. Kaffer. Defendant The Desert
Mountain Master Association is represented by counsel, Curtis S. Ekmark. Defendants Kenny,
Foltz and Realty Executives are represented by counsel, Richard V. Mack. Defendant Mario F.
Escudero is neither present nor represented by counsel.
Court Reporter, Kim Hannan, is present.
No response having been received,
IT IS ORDERED granting Plaintiff’s Motion for Partial Summary Judgment Re: Mutual
Mistake.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/22/2007
Docket Code 020
Form V000A
Page 2
Arguments are heard.
IT IS ORDERED taking Defendants’ Kenny, Foltz and Realty Executives, Inc.’s Motion
for Summary Judgment under advisement.
IT IS FURTHER ORDERED taking Plaintiff’s Motion for Partial Summary Judgment
Re: Invalidity of Lot Tie of Lots 363 and 364 under advisement.
11:51 a.m. Hearing concludes.
LATER:
IT IS ORDERED setting Continued Oral Argument on the remaining motions for
summary judgment for October 24, 2007 at 9:30 a.m. in this division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/24/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
CARPEDIEM INVESTMENTS L L C
BRIAN G LESTER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
MATTHEW B MEAKER
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
MATTERS UNDER ADVISEMENT
9:33 a.m. This is the time set for hearing Oral Argument on Desert Mountain
Defendants’ Motion for Summary Judgment on Promissory Estoppel Claim, Desert Mountain
Defendants’ Motion for Summary Judgment on Negligent Misrepresentation Claim, and Desert
Mountain Defendants’ Motion for Partial Summary Judgment on Plaintiff’s Declaratory
Judgment Claim. Plaintiff is represented by counsel, Frederick E. Davidson, Chad R. Kaffer,
and Whitney Coats. Defendants are represented by counsel, Curtis S. Ekmark.
Court Reporter, Kitty Lovejoy, is present.
Arguments are presented to the Court.
IT IS ORDERED taking these matters under advisement.
10:15 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/28/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
T. Ross
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
SCOTT M DRUCKER
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
GRACE T ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RULING
The Court having received and considered Plaintiff’s Motion for Reconsideration,
IT IS ORDERED denying Plaintiff’s Motion for Reconsideration.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/31/2008
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
T. Ross
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
JUDGE KATZ
HEARING VACATED
Courtroom 109 – NE
10:03 a.m. This is the time set for a Telephonic Status Conference. Plaintiff, Carpediem
Investments LLC, is represented by counsel, Frederick E. Davidson and Chad Robert Kaffer.
Defendant, Desert Mountain Master Association, is represented by counsel, Angela L. Potts.
Court Reporter, Melody O’Donnell, is present.
Discussion is held.
The Court advises counsel that due to an illness Judge Katz is unavailable to appear as a
witness in the Evidentiary Hearing set this date. Therefore,
IT IS ORDERED vacating Evidentiary Hearing set this date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
10/31/2008
Docket Code 002
Form V000A
Page 2
10:06 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/20/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
11/19/2008
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
HEARING SET
The court having received Desert Mountain Defendants’ Motion to Continue Trial for
Good Cause and Request for Expedited Telephonic Status Conference to Discuss Scheduling,
IT IS ORDERED setting a Telephonic Hearing Re: Desert Mountain Defendants’ Motion
to Continue Trial for Good Cause and Request for Expedited Telephonic Status Conference to
Discuss Scheduling for November 20, 2008 at 2:00 p.m. in this division.
Counsel for the
Defendants shall initiate the phone conference (602) 506-6086.
LET THE RECORD REFLECT that counsel have been notified telephonically this date
and have been sent a copy of this minute entry by facsimile transmission this date.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
11/20/2008
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
ANGELA L POTTS
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
TRIAL RESET
2:01 p.m. This is the time set for Telephonic Conference Re: Desert Mountain
Defendants’ Motion to Continue Trial for Good Cause. Plaintiff is represented by counsel,
Frederick E. Davidson and Chad Kaffer. Desert Mountain Defendants are represented by
counsel, Angela L. Potts. Defendant Mario F. Escudero has waived his appearance.
Court Reporter, Melody O’Donnell, is present.
Discussion is held.
IT IS ORDERED setting the Evidentiary Hearing Re: Motion for Sanctions on January
16, 2009 at 1:30 p.m. (3 hours allotted) in this division.
IT IS FURTHER ORDERED that all exhibits to be offered at time of hearing shall be
hand-delivered to the clerk of this Division at least 2 days prior to date of hearing. Each

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
11/20/2008
Docket Code 064
Form V000A
Page 2
exhibit shall be listed on a table of contents and separated by a sheet of colored paper or by
stapling to easily identify where one exhibit ends and the next begins.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference and Oral Argument
on Motions in Limine set for December 5, 2008 and resetting the same for January 23, 2009 at
9:00 a.m. (2 hours allotted) in this division.
IT IS FURTHER ORDERED vacating the Trial set for December 15, 2008 and resetting
the same for January 26, 2009 at 9:00 a.m. in this division. Estimated length of trial: 4 days.
IT IS FURTHER ORDERED that at least one week before trial, the trial lawyers shall
make an appointment for themselves or their knowledgeable assistants to meet with the Clerk of
this division (602-372-7723) to present all exhibits and a list of exhibit descriptions. All trial
exhibits shall have been exchanged prior to that time. No duplicate exhibits shall be presented
for marking. If either party fails to comply with the steps for marking exhibits, that
party’s exhibits may be precluded from being marked at trial. Please DO NOT place
exhibits in a notebook when submitting them to the Court.
2:06 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/29/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
11/22/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski/T. Ross
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
CURTIS S EKMARK
SCOTT M DRUCKER
MARIO ESCUDERO
10421 EAST SCOP TRAIL
SCOTTSDALE AZ 85262
RULING
The Court having reviewed Defendants Kenny, Foltz and Realty Executives, Inc.’s
Motion for Judgment on the Pleadings, Plaintiff’s Response, Defendants’ Reply, and good cause
appearing,
IT IS ORDERED denying Defendants Kenny, Foltz and Realty Executives, Inc.’s Motion
for Judgment on the Pleadings.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/14/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
12/10/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
CARPEDIEM INVESTMENTS L L C
FREDERICK E DAVIDSON
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
CURTIS S EKMARK
MARIO F ESCUDERO
10421 E SCOPA TRAIL
SCOTTSDALE AZ 85262
RICHARD V MACK
UNDER ADVISEMENT RULING
The Court having taken multiple motions under advisement; having reviewed the
memoranda of the parties and legal authorities cited therein; and good cause appearing,
IT IS ORDERED granting Defendants Kenny, Foltz, and Realty Executives, Inc.’s
Motion for Summary Judgment; this Court finding that Plaintiff was aware prior to the purchase
of the property that it was a consolidation of two formerly separate lots and Plaintiff had the
obligation and the opportunity to determine whether or not it wanted to go through the process of
re-splitting the property in question.
IT IS FURTHER ORDERED denying Plaintiff’s Motion for Partial Summary Judgment
Re: Invalidity of Lot Tie of Lots 363 and 364.
IT IS FURTHER ORDERED denying Desert Mountain Defendants’ Motion for
Summary Judgment on Negligent Misrepresentation Claim and Desert Mountain Defendants’

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-052755
12/10/2007
Docket Code 019
Form V000A
Page 2
Motion for Partial Summary Judgment on Plaintiff’s Declaratory Judgment Claim as there are
genuine issues of material fact
IT IS FURTHER ORDERED granting Desert Mountain Defendants’ Motion for
Summary Judgment on Promissory Estoppel Claim.
FINALLY, in light of the fact that all issues were adequately briefed for the Court there
is no reason to consider Rule 56(F) Relief.

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