Case Header

Maricopa County Superior Court Case CV2007-012503: public docket details, parties, minute entries, documents, and official source links for Sunrise Desert Vistas Property Owners Association Inc.

Case Number

CV2007-012503

County

Maricopa

Caption

Not captured

Filed

7/13/2007

Case Type

Civil

Judge

Cushner, Quintin

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/28/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
02/25/2008
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
STATUS CONFERENCE
11:23 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, William G. Klain. Defendant is represented telephonically by
counsel, Frederick E. Davidson.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.
Discussion is held.
THE RECORD WILL REFLECT that the parties agree that discovery should be
complete by the middle of May. The parties anticipate that each will file certain dispositive
motions after that date.
IT IS ORDERED setting a telephonic Status Conference on May 21, 2008, at 8:30 a.m.
in this division. Plaintiff is to initiate the call. Time allotted: 15 minutes.
11:26 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/04/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
02/27/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
CHAD ROBERT KAFFER
STATUS CONFERENCE SET
IT IS ORDERED setting a telephonic Status Conference on March 30, 2009, at
11:30 a.m. before:
HON. J. KENNETH MANGUM
EAST COURT BUILDING
101 WEST JEFFERSON, SUITE 514
PHOENIX, AZ 85003-2202
TELEPHONE NUMBER: 602 506-4567
Defendant is to initiate the call.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/02/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
03/30/2009
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
STATUS CONFERENCE
ORDER SETTING FIRM TRIAL and TRIAL MANAGEMENT CONFERENCE
COURTROOM 514 – East Court Building
11:31 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, Dennis L. Hall. Defendant is represented telephonically by counsel,
Frederick E. Davidson.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED setting a Trial to a Jury on September 29, 2009, at 9:30 a.m. before:
HON. J. KENNETH MANGUM
EAST COURT BUILDING
101 WEST JEFFERSON, SUITE 514
PHOENIX, AZ 85003-2202

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
03/30/2009
Docket Code 089
Form V000A
Page 2
TELEPHONE NUMBER: 602 506-4567
THIS IS A FIRM TRIAL SETTING. Length of trial: Two days to a jury.
IT IS FURTHER ORDERED setting a Trial Management Conference (TMC) for
September 21, 2009, at 9:00 a.m. in this division. Time allotted: 15 minutes.
Formal written Judgment on Less Than all Claims is signed by the Court on March 30,
2009, and is entered (filed) by the Clerk on March 30, 2009.
Counsel will file dispositive motions on the remaining two issues no later than the end of
April.
The TMC shall be governed by the Trial Management Orders set forth below.
IT IS FURTHER ORDERED that the Joint Pretrial Statement (JPTS) in accordance with
Rule 16(d), A.R.Civ.P., is due in this division by 5:00 p.m., five (5) judicial days before the Trial
Management Conference (TMC).
IT IS FURTHER ORDERED with the JPTS, Counsel shall deliver to this division, copies
of the following:
A. A jointly-completed time and witness estimate list. (A sample form is incorporated in
this order). The Court will use the list to predict the length of the trial for the jurors and
to direct counsel to follow the trial time limits established. Any time limitation set will
be reasonable presumptive limits subject to modification upon a showing of good cause.
Counsel are reminded, that excluding breaks, a typical jury trial day is approximately five
and a half hours.
B. A joint set of agreed-upon preliminary and final jury instructions. This does not
include Preliminary Civil RAJI or Standard Civil RAJI 1 – 9 which the Court will give
without request. Unless counsel indicate they will be unable to do so, the proposed jury
instructions will be submitted both in hard copy and on computer disk.
C. Separate sets of requested instructions that have not been agreed upon. These jury
instructions will also be submitted both in hard copy and on computer disk. Please read
Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993), and the RAJI Civil 4th Statement of
Purpose and Approach before preparing the request for non-RAJI instructions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
03/30/2009
Docket Code 089
Form V000A
Page 3
D. Proposed Findings of Fact and Conclusions of Law, if a request has been or will be
filed. The proposed Findings of Fact and Conclusions of Law will be submitted both in
hard copy and on computer disk. If proposed Findings of Fact and Conclusions of Law
are not received, the request shall be deemed waived.
E. Proposed voir dire questions which the court may give.
F. In jury trial cases the parties shall jointly prepare a brief summary of the case which
the Court will read to the jury at the commencement of voir dire.
G. The Court encourages use of juror notebooks in appropriate cases. Stipulating the
contents in evidence is necessary. Key exhibits may be included, along with diagrams,
photographs, timelines, non-argumentative summaries of positions of liability and
damages and other information helpful to jurors.
H. Counsel are to identify in/with the memorandum 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.
I. Any motions in limine shall be filed forty (40) days before the trial and such motions
must meet the test of State v. Superior Court, 108 Ariz. 396, 397, 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." See also, Ariz. Rules of Evidence, Rule 103(c).
A written response to a motion in limine may be filed no later than thirty (30) days before
trial. No replies shall be filed. The Court will decide motions in limine at the trial
management conference. If oral argument is requested, oral argument will be held at the
trial management conference.
J. All dispositive motions must be filed ninety (90) days before trial.
K. The Court will hear and rule upon objections to exhibits at the TMC. The rulings will
be stated on the record. All objections to known exhibits and witnesses must be made
before or during the Trial Management Conference or will be deemed to have been
waived.
IT IS FURTHER ORDERED that counsel, at the TMC, shall be prepared to discuss:
1. Time limits in voir dire, opening statements, examination of witnesses and closing
arguments.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
03/30/2009
Docket Code 089
Form V000A
Page 4
2. Stipulations for the foundation and authenticity of exhibits.
3. Jury instructions (preliminary and final), juror notebooks (counsel shall bring any
proposed jury notebooks to the conference), mini-opening statements and voir dire.
4. Agreed-upon deposition summaries and excerpts from deposition transcripts and the
editing of videotaped depositions.
5. Narrative summaries with brief excerpts of deposition question and answer testimony
are preferred at trial rather than the reading in of pages of testimony.
6. Use of "short trial" or summary jury trial.
7. Any special scheduling or equipment issues.
8. Status of settlement of the case.
L. COUNSEL WHO WILL BE THE TRIAL LAWYERS ON THE CASE ARE
REQUIRED TO ATTEND THE TRIAL MANAGEMENT CONFERENCE.
M. FAILURE OF TRIAL COUNSEL TO ATTEND THE TRIAL MANAGEMENT
CONFERENCE MAY RESULT IN PERSONAL SANCTIONS.
N. IF THE CASE IS SET FOR A JURY TRIAL, ONE DAY’S JURY FEES WILL BE
ASSESSED UNLESS THE COURT IS NOTIFIED OF SETTLEMENT BEFORE 2:00
P.M. ON THE JUDICIAL DAY BEFORE TRIAL.
E-Courtroom Policies
Courtroom 512 is an E-Courtroom and provides state of the art equipment for case
presentation. E-Courtrooms do not have a court reporter. If you wish to have a court reporter for
your trial, you must notify the division 48 hours prior to the beginning of trial.

A fee of $20.00 is charged for each copy of Superior Court proceedings digitally
recorded and provided on CD.
TIME ESTIMATES FOR TRIAL

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
03/30/2009
Docket Code 089
Form V000A
Page 5
CAUSE NUMBER_______________________________________
CASE CAPTION________________________________________
PLAINTIFF'S COUNSEL__________________________________
DEFENDANT'S COUNSEL________________________________
(NOTE : Add additional lines as needed for additional parties and or witnesses.)
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
Estimate of time for Witness Examination
PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
The foregoing are based on the best estimates of counsel of the time reasonably needed to
complete the necessary examination of the witnesses listed.
__________________________
_______________________
Counsel for Plaintiff
Counsel for Defendant
11:39 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/22/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
04/21/2010
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
This case was reassigned to this Division effective December 1, 2009. According to the
Court’s docket, trial was set before the Honorable Kenneth Mangum on September 29, 2009.
Based on notes on the Court’s computer, this Division understands that after the pretrial
management conference on September 21, 2009, the parties advised Judge Mangum’s Division
that they settled the case, and Judge Mangum vacated the trial. Judge Mangum presumably
expected that a stipulation to dismiss or stipulated judgment would be forthcoming. No such
stipulation or judgment, however, has been presented to the Court notwithstanding the passage of
more than six months. Accordingly,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal of all
unadjudicated claims on May 21, 2010 without further notice unless prior to said date a
Judgment is entered or filed, a Stipulation for Dismissal and form of Order are presented to this
Division, or other appropriate filing is submitted.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/22/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
05/21/2008
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
DENNIS L HALL
DOCKET-CIVIL-CCC
STATUS CONFERENCE SET / COUNSEL SUBSTITUTED /
ORDER SIGNED / STATUS CONFERENCE SET
8:37 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, William G. Klain and Dennis L. Hall.
Defendant is represented
telephonically by counsel, Frederick E. Davidson.
A record of the proceeding is made by CD/Videotape in lieu of a court reporter.
A discussion is held.
IT IS ORDERED that Lang & Baker, P.L.C., William G. Klain, David R. Baker, and
Michael J. Minnaugh are hereby relieved as counsel of record for Plaintiff.
IT IS FURTHER ORDERED that Lang & Baker give notice of this Order to Plaintiff
together with the telephone number and last known address of Plaintiff, all in accordance with
the formal written Order Granting Motion to Withdraw as Counsel for Plaintiff With Notice
signed by the Court on May 21, 2008, and entered (filed) by the Clerk on May 21, 2008.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
05/21/2008
Docket Code 029
Form V000A
Page 2
THE RECORD WILL REFLECT that both parties agree that Mr. Rogers may be deposed
or perhaps interviewed.
IT IS ORDERED that all dispositive motions shall be filed no later than June 30, 2008.
IT IS ORDERED setting telephonic Status Conference and Rule 16 Scheduling
Conference on September 4, 2008, at 8:45 a.m. Time allotted: 30 minutes.
NOTE: Effective June 19, 2008:
Judge J. Kenneth Mangum will be handling Judge Kristin C. Hoffman’s Civil Calendar.
HON. J. KENNETH MANGUM
EAST COURT BUILDING
101 WEST JEFFERSON, SUITE 514
PHOENIX, AZ 85003-2202
TELEPHONE NUMBER: 602 506-4567
Plaintiff is to initiate the call.
THE RECORD WILL REFLECT that the parties have already had an unsuccessful
settlement conference with retired Judge Schneider.
8:43 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/28/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
05/22/2008
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
NUNC PRO TUNC MINUTE ENTRY
IT IS ORDERED nunc pro tunc correcting the minute entry issued May 21, 2008, to
reflect that the matters set on September 4, 2008, at 8:45 a.m. are oral argument on a motion to
be filed and a Rule 16 Scheduling Conference.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/01/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
07/27/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
L. Nixon
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
CATHERINE CONNER
v.
DIANE L KNELSON, et al.
DIANE L KNELSON
28582 N 114TH ST
SCOTTSDALE AZ 85255
SAUNDRA CERNIER
23602 N 84TH ST
SCOTTSDALE AZ 85255
THOMAS CERNIER
23602 N 84TH ST
SCOTTSDALE AZ 85255
KARL A KNELSON
28582 N 114TH ST
SCOTTSDALE AZ 85255
PRELIMINARY INJUNCTION HEARING SET
8:45 a.m. This is the time set for Order to Show Cause Return Hearing. Plaintiff,
Sunrise, Desert Vistas Property Owners Association Inc., is represented by counsel, Catherine
Conner. Defendants, Diane L. Knelson, Karl A. Knelson, Thomas Cernier and Saundra Cernier,
are represented by counsel, Fredrick Davidson. Defendants, Diane L. Knelson and Karl A.
Knelson are present.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
07/27/2007
Docket Code 005
Form V000A
Page 2
Discussion is held.
IT IS ORDERED setting a Preliminary Injunction Hearing on September 7, 2007 at
9:30 p.m.
8:49 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Filed ***
08/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/03/2010
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on May 21, 2010 unless specified
action was taken before that date. The date has passed and the action has not been taken.
IT IS ORDERED dismissing this case without prejudice.
IT IS FURTHER ORDERED signing this minute entry as the formal order of this Court.
/s/ HON. LINDA H. MILES
____
JUDGE OF THE SUPERIOR COURT
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/07/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/06/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
The Court finds that there are genuine issues of material fact as to the appropriateness of
the degree of clearing of the lots. Oral argument is not deemed to be helpful or necessary.
Accordingly,
IT IS ORDERED denying Defendants’ Motion for Summary Judgment on all Remaining
Claims.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/27/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
CATHERINE CONNER
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
STATUS CONFERENCE SET
At the request of Plaintiff,
IT IS ORDERED setting a telephonic Status Conference on August 28, 2007, at 9:15
a.m. before:
HONORABLE KRISTIN HOFFMAN
SUPERIOR COURT OF ARIZONA
CENTRAL COURT BUILDING
201 W. JEFFERSON – SUITE 7 B
COURTROOM 702 – 7TH FLOOR
PHOENIX, ARIZONA 85003-2202
602 506-5624
Plaintiff to initiate the call.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/31/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/27/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
The Court has reviewed Defendants’ Motion for Reconsideration and has re-reviewed the
Motion for Summary Judgment and the Response.
Defendants point out that they have a right to clear vegetation as necessary for access,
parking and improvements. The Court considers the photos and affidavits to be prima facie
evidence of excessive clearing. Nowhere do Defendants explain how the clearing was necessary.
The Court considers paragraph 23 to provide an affirmative defense and Defendants have not
presented any such affirmative defense. Defendants have failed to raise evidence that they
should prevail on a Motion for Summary Judgment on that issue.
With respect to the height issue,
IT IS ORDERED that Plaintiffs shall respond to Defendants’ Motion for Reconsideration
with respect to the height claims by September 10, 2009, and Defendants may reply by
September 20, 2009.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/28/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
CATHERINE CONNER
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
HEARING RESET
9:17 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, Catherine Conner. Defendants are represented telephonically by
counsel, Frederick E. Davidson.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED vacating the Preliminary Injunction Hearing set September 7, 2007,
and resetting same to September 27, 2007, at 9:30 a.m. in this division.
9:19 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/03/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
08/31/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab/L. Heinzmann
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
Good cause appearing,
IT IS ORDERED denying Plaintiff’s Motion to Stay All Proceedings.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/11/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/03/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab/L. Heinzmann
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
The Court has reviewed Plaintiff’s Motion for Joinder of Party, the Response and Reply.
It appears to the Court that the lis pendens has given notice to JP Morgan Chase Bank as
well as the discussions that Defendant Diane Knelson and Plaintiff have had with the bank. It is
not obvious that the bank will be bound by the trial in this case involving the remaining
Plaintiffs; however, the Court is sympathetic to the assertions of the Defendants that continuing
the litigation will cause them undue expense. Also, this Court does not have an available trial
slot within the next many months if the trial is continued, irrespective of the unlikelihood of the
bank being ready to go to trial within 90 days as suggested by Plaintiff. Good cause appearing,
IT IS ORDERED denying the Motion for Joinder of Party.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/09/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/04/2008
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
ORAL ARGUMENT HELD
MATTER TAKEN UNDER ADVISEMENT
COURTROOM 514 – East Court Building
8:48 a.m. This is the time set for oral argument on Plaintiff’s Motion for Summary
Judgment and Defendants’ Motion for Summary Judgment Re: Validity of Parcel Split;
Estoppel; Actual/Apparent Authority.
Plaintiff is represented by counsel, Dennis L. Hall.
Defendant is represented by counsel, Frederick E. Davidson.
Court Reporter, Kitty Lovejoy, is present. Also, a digital video recording is being made
by the “For the Record” recording system.
Arguments are held.
IT IS ORDERED taking the motions under advisement.
10:36 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/25/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/18/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
CHAD ROBERT KAFFER
MINUTE ENTRY
Both sides have moved for Summary Judgment over the appropriateness of a five acre
plot of lad being subdivided into three lots for homes. Each lot has 71301 square feet, or 699
square feet less than the designated minimum of 72,000 (approximately 1 2/3 acres) required by
the Homeowner’s Association and the Declarations. When the Defendants learned of the
deficiency, they went to the developers and obtained a signed “variance” that allowed the
deviation. The explanation by the realtor is that the project provided for the sale of 16 parcels of
40 acres each, with the exception that the eastern most four parcels and westernmost four parcels
each gave up 55’ along the outer edge for the county roads (136th and 144th Streets).
Defendants’ rely on the apparent or implied authority of the signatories to the variance to
approve the deviation even thought they no longer had authority to amend the Declarations
because they had sold all of the 16 parcels and because they failed to follow the formalities of he
Homeowner’s Association meeting requirements. Plaintiffs also argue that it was not reasonable
for Defendants to rely on the actions of the two developers instead of the vote of all the
homeowners.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/18/2008
Docket Code 023
Form V000A
Page 2
The Court finds the actions of the Defendants were reasonable and that the variance was
sufficient to validate the lot split. For example, the failure to maintain HOA meetings does not
invalidate the actions of the signatories, as head of the HOA. Indeed, Plaintiffs do not object to
the developers having authority to turn over the HOA to their successor as they did. The Court
also finds that the intent of the developers was to allow the minor deviation of square footage
and that the meaning of “easement” was subject to interpretation. Similarly, the fact that the
variance is signed by the “Developer” as opposed to the “HOA” is not significant.
Accordingly,
IT IS ORDERED granting (by stipulation) so much of Plaintiff’s Motion for Summary
Judgment as seeks ______________ of the validity of sec. 23 of the Declarations regarding
excessive clearing as being neither too vague or ambiguous to be unenforceable.
IT IS FURTHER ORDERED denying the balance of Plaintiff’s Motion for Summary
Judgment.
IT IS FURTHER ORDERED granting Defendants’ Motion for Summary Judgment but
denying Defendants’ request that Plaintiff’s filing be disallowed for not being efiled.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/21/2009
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
PRETRIAL CONFERENCE/TRIAL MANAGEMENT CONFERENCE
Courtroom 514 – East Court Building
9:21 a.m. This is the time set for Pretrial Conference/Trial Management Conference.
Plaintiff is represented by counsel, Dennis L. Hall. Defendant is represented by counsel,
Frederick E. Davidson.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
Trial will be two days to a jury. Eight jurors will be selected. Six out of eight are
necessary for a valid verdict. If one is lost, five out of seven will be necessary for a valid verdict.
Each side will have four strikes. No alternates. Rule is invoked. Exhibits are discussed.
9:49 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
09/30/2008
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
CHAD ROBERT KAFFER
NUNC PRO TUNC MINUTE ENTRY
IT IS ORDERED nunc pro tunc correcting the minute entry issued September 18, 2008,
to reflect that the third paragraph on page 2 should read:
IT IS ORDERED granting (by stipulation) so much of Plaintiff’s Motion for Summary
Judgment as seeks affirmance of the validity of Sec. 23 of the Declarations regarding excessive
clearing as being neither too vague or ambiguous to be unenforceable.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/04/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
10/01/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
STATUS CONFERENCE SET
At the request of Plaintiff,
IT IS ORDERED setting a telephonic Status Conference on October 2, 2007, at 8:45
a.m. before:
HONORABLE KRISTIN HOFFMAN
SUPERIOR COURT OF ARIZONA
CENTRAL COURT BUILDING
201 W. JEFFERSON – SUITE 7 B
COURTROOM 702 – 7TH FLOOR
PHOENIX, ARIZONA 85003-2202
602 506-5624
Plaintiff is to initiate the call.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/04/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
10/02/2007
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
HEARING VACATED/STATUS CONFERENCE SET
8:49 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, William Klain. Defendant is represented telephonically by counsel,
Frederick E. Davidson.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED vacating the Preliminary Injunction Hearing set on October 3, 2007.
IT IS ORDERED setting a telephonic Status Conference on November 5, 2007, at 4:30
p.m. in this division. Plaintiff is to initiate the call.
8:53 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/04/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
10/02/2007
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory e-filing
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
10/02/2007
Docket Code 530
Form V000A
Page 2
The Clerk's Office shall be available for instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “E-FILE CASE”.
The e-filing system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
E-Filed Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.
All proposed orders are to be filed in Microsoft Word.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/08/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
11/05/2007
Docket Code 028
Form L000
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
S. Bindenagel
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
STATUS CONFERENCE SET
4:53 p.m. This is the time set for telephonic Status Conference. Plaintiff is represented
by counsel, William G. Klain. Defendants are represented by counsel, Frederick E. Davidson.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.
Discussion is held.
The Court is advised that plaintiff withdrew the request for preliminary injunction relief.
Disclosure statements have been exchanged.
IT IS ORDERED setting a telephonic Status Conference for December 5, 2007 at 9:15
a.m. to discuss the expedited mediation efforts. Plaintiff to initiate the call.
5:00 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/02/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
12/01/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
L. Owens
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
JUDGE LINDA MILES
JUDGE MANGUM
CASE REASSIGNMENT
This case is currently assigned to the Honorable J. Kenneth Mangum at the Central Court
Complex, Phoenix, AZ 85003.
Court Administration having identified this calendar for reassignment, accordingly,
IT IS ORDERED that effective December 1, 2009, this case be reassigned to the
Honorable Linda H. Miles at the Northeast Regional Court Center at 18380 N. 40th Street,
Phoenix, AZ 85032.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
12/05/2007
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
WILLIAM G KLAIN
v.
DIANE L KNELSON, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
9:18 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented
telephonically by counsel, William G. Klain. Defendant is represented telephonically by
counsel, Frederick E. Davidson.
A record of the proceeding is made by CD/Videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED setting a telephonic Status Conference on February 25, 2008, at 11:15
a.m. in this division. Plaintiff is to initiate the call.
9:21 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-012503
12/22/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
DENNIS L HALL
v.
DIANE L KNELSON, et al.
CHAD ROBERT KAFFER
MINUTE ENTRY
The Court has considered Plaintiff’s Motion for Reconsideration of Defendant’s Motion
for Summary Judgment.
Good cause appearing,
IT IS ORDERED denying Plaintiff’s Motion for Reconsideration.

Documents