01/05/2009 — CV2008054299 LAFLEUR, GARY 01/05/2009 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
01/07/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
01/05/2009
Docket Code 901
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
Deputy
GARY LAFLEUR, et al.
CHARLES P FRANKLIN
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC, THE, et al.
MELANIE C MCKEDDIE
JOHN L LOHR JR.
DOCKET - NE
JUDGMENT
On December 1, 2008, Defendant Val Vista Lakes filed an Application for Attorneys’
Fees and Costs against Plaintiffs Gary Lafleur and Diane Chambers. No Objection or Response
has been filed. Upon review of the matters presented the Court finds that Val Vista Lakes is
entitled to attorneys’ fees against Lafleur and Chambers and that the amount of fees claimed is
reasonable.
IT IS ORDERED granting Defendant Val Vista Lakes judgment for attorneys’ fees
against Plaintiffs Gary Lafleur and Diane Chambers in the amount of $3349.00.
Also on December 1, 2008, Defendants Jensen filed an Application for Attorneys’ Fees
against Plaintiffs Gary Lafleur and Diane Chambers. Plaintiffs Lafleur and Chambers filed a
Response/Objection to the Jensen Application on December 16, 2008, and Defendants Jensen
filed a Reply on December 29, 2008. The matters presented have been considered by the Court.
The Court determines that the Jensens’ Application for Attorneys’ Fees was timely as it was filed
within 20 days of Plaintiffs’ Notice of Dismissal having been filed. (The Court finds that Rule
54(g).2 is applicable as Plaintiffs, after filing suit and after a Temporary Restraining Order
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
01/05/2009
Docket Code 901
Form V000A
Page 2
Hearing took place, voluntarily dismissed their matter). The Court further finds that Defendant
Jensens are entitled to an award of attorney’s fees pursuant to statute as the matter arises out of
contract and that the Jensen’s were the successful party. The Court further determines that the
fees requested by the Jensen’s are reasonable.
IT IS FURTHER ORDERED granting Defendants Jensen judgment for attorneys fees
against Plaintiffs Gary Lafleur and Diane Chambers in the amount of $2750.00.
IT IS FURTHER ORDERED signing this minute entry as an order of the Court.
/ s / HONORABLE ROBERT BUDOFF
JUDICIAL OFFICER OF THE SUPERIOR COURT
01/26/2009 — CV2008054299 LAFLEUR, GARY 01/26/2009 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/28/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
01/26/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
Deputy
GARY LAFLEUR, et al.
CHARLES P FRANKLIN
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC, THE, et al.
STEVEN W CHEIFETZ
JOHN L LOHR JR.
MINUTE ENTRY
On January 5, 2009, this Court issued an order granting Defendant Val Vista Lakes
judgment for attorney’s fees against Plaintiffs.
On January 22, 2009, Plaintiffs filed a Motion for Reconsideration based upon a previous
belief as a result of case assignment or, a notice of change of judge having been filed as to this
Court was not the proper division to resolve the application for attorney’s fees. It appears that
Plaintiffs may be correct.
Therefore,
IT IS ORDERED directing that Defendants Val Vista Lakes shall file a Response to the
Motion for Reconsideration by February 10, 2009. Any Reply may be filed by February 20,
2009. The Court will rule on the matter thereafter without hearing unless one is determined to be
necessary after review of the pleadings.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
01/26/2009
Docket Code 023
Form V000A
Page 2
If the Motion for Reconsideration is granted, it would be this Court’s intention to vacate
the January 5, 2009, Order re: Attorney’s Fees and refer the matter to the correct division for
ruling.
02/24/2009 — CV2008054299 LAFLEUR, GARY 02/24/2009 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
02/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
02/24/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
Deputy
GARY LAFLEUR, et al.
CHARLES P FRANKLIN
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC, THE, et al.
STEVEN W CHEIFETZ
JOHN L LOHR JR.
MINUTE ENTRY
On January 5, 2009, this Court entered a Judgment for Attorney’s Fees in favor of
Defendants and against Plaintiffs.
On January 22, 2009, Plaintiffs filed “Plaintiffs’ Motion for Reconsideration of the
Court’s January 5, 2009, Judgment” based upon the grounds that this Court division was not the
appropriate Court to enter such a Judgment as the matter was not assigned to this division, and if
it was, Plaintiffs “noticed” this Court.
In accordance with this Court’s minute entry of January 26, 2009, Defendants Jensen
filed a Response to the Motion for Reconsideration on January 26, 2009; Defendant Val Vista
filed a Response on January 30, 2009, Defendants Jensen joined in Val Vista’s Response on
February 3, 2009, and Plaintiffs filed separate Replies to the Jensen and Val Vista Responses on
February 20, 2009.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
02/24/2009
Docket Code 023
Form V000A
Page 2
The matters presented have now been considered by the Court.
The Motion for Reconsideration is denied.
IT IS ORDERED signing this minute entry as an order of the Court.
/ s / HONORABLE ROBERT BUDOFF
JUDICIAL OFFICER OF THE SUPERIOR COURT
11/06/2008 — CV2008054299 LAFLEUR, GARY 11/06/2008 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
11/06/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
FOR HONORABLE ROBERT BUDOFF
Deputy
GARY LAFLEUR, et al.
CHARLES P FRANKLIN
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC, THE, et al.
MELANIE C MCKEDDIE
JOHN L LOHR JR.
JUDGE HAUSER
MINUTE ENTRY
8:45 a.m. This is the time set for an Order to Show Cause 15 Minute Return Hearing.
Plaintiffs, Gary Lafleur and Diane Chambers, are present and represented by counsel, Terry
Goddard. Present on behalf of Defendant Val Vista Lakes Community Association Inc. is
counsel, Melanie McKeddie. Present on behalf of the Jensen Defendants is counsel, John
Lohr, Jr.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED that Plaintiff’s request for relief is moot in light of the stipulation, as
stated on the record this date by Defendant Val Vista Lakes Community Association Inc., that no
deference is to be given regarding architectural committee decisions in respect to evaluating
Plaintiff’s claims.
IT IS FURTHER ORDERED dissolving the TRO previously granted.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
11/06/2008
Docket Code 019
Form V000A
Page 2
With respect to the Notice of Change of Judge filed by Plaintiffs, the Court notes that an
administrative error caused the parties to believe that this case was assigned to Judge Budoff. In
light of the error,
IT IS ORDERED granting Plaintiffs’ oral request to withdraw their Notice of Change of
Judge.
9:04 a.m. Matter concludes.
11/06/2008 — CV2008054299 LAFLEUR, GARY 11/06/2008 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-054299
11/06/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
FOR HONORABLE BRIAN R. HAUSER
Deputy
GARY LAFLEUR, et al.
CHARLES P FRANKLIN
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC, THE, et al.
MELANIE C MCKEDDIE
JOHN L LOHR JR.
GORDON/JANET JENSEN
1807 E MONARCH BAY DR
GILBERT AZ 85234
MINUTE ENTRY
On November 5, 2008, counsel for Plaintiff filed a Notice of Change of Judge as to Judge
Robert Budoff. The Court notes that this matter is not assigned to this division, therefore, the
Notice of Change of Judge has no effect in this case and it is denied. It shall not serve as a
preclusion from Plaintiff exercising a further notice of Change of Judge as a matter of right.
