05/09/2008 — CV2008091327 ASSOCIATION INC, LANDINGS HOMEOWNERS 05/09/2008 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
05/09/2008
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
M. Brady
Deputy
PAULA J NELSON
PAULA J NELSON
2208 W LINDNER AVE UNIT 13
MESA AZ 85202
v.
LANDINGS HOMEOWNERS ASSOCIATION
INC
CHANDLER W TRAVIS
MINUTE ENTRY
9:47 a.m. This is the time set for Emergency Petition. Petitioner, Paula Nelson, is present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held.
The Court will attempt to contact counsel for Defendant.
10:10 a.m. Hearing concludes.
11:10 a.m. Court reconvenes with Petitioner present and Chandler Travis, counsel for
Defendant, participating telephonically.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
05/09/2008
Docket Code 056
Form V000A
Page 2
IT IS ORDERED this matter is set for an Evidentiary Hearing on May 19, 2008 at 4:00
p.m. before:
THE HONORABLE CHRISTOPHER WHITTEN
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210
IT IS FURTHER ORDERED any evidence intended to be submitted as exhibits at the
time of the Evidentiary Hearing must be brought to Courtroom 207 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
11:16 a.m. Hearing concludes.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.
05/19/2008 — CV2008091327 ASSOCIATION INC, LANDINGS HOMEOWNERS 05/19/2008 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/21/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
05/19/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
M. Brady
Deputy
PAULA J NELSON
PAULA J NELSON
2208 W LINDNER AVE UNIT 13
MESA AZ 85202
v.
LANDINGS HOMEOWNERS ASSOCIATION
INC
CHANDLER W TRAVIS
MINUTE ENTRY
Prior to commencement of hearing, Plaintiff’s exhibit 1 is marked for identification.
Defendant’s exhibits 2 through 8 are marked for identification.
4:00 p.m. This is the time set for Evidentiary Hearing on Plaintiff’s Request for
Injunctive Relief. Plaintiff, Paula Nelson, is present on her own behalf. Chandler Travis is
present on behalf of Defendants.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held.
Plaintiff’s exhibit 1 and Defendants’ exhibits 2 through 8 are received in evidence.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
05/19/2008
Docket Code 078
Form V000A
Page 2
IT IS ORDERED denying the Petition for Injunctive Relief for the reasons stated on the
record.
Plaintiff has 10 business days from today’s date to file an Amended Complaint in
compliance with the Arizona Rules of Civil Procedure.
IT IS ORDERED placing this matter on the inactive calendar for dismissal on June 3,
2008.
4:42 p.m. The court stands at recess.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate fees
through the Self-Service Center, a receipt will be issued which shall then be presented to Court
staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
07/29/2008 — CV2008091327 ASSOCIATION INC, LANDINGS HOMEOWNERS 07/29/2008 THE HONORABLE LOUIS ARANETA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/31/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
07/29/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
THE HONORABLE LOUIS ARANETA
M. Brady
Deputy
PAULA J NELSON
PAULA J NELSON
2208 W LINDNER AVE UNIT 13
MESA AZ 85202
v.
LANDINGS HOMEOWNERS ASSOCIATION
INC
CHANDLER W TRAVIS
MINUTE ENTRY
The Court has considered the Defendant’s Application for Attorney’s Fees and Costs and
the Declaration in Support thereof with exhibits identifying legal services performed. The Court
has also considered the Plaintiff’s Response entitled Motion to Deny Request for Attorney Fees
and Costs.
On May 19, 2008, after conducting an evidentiary hearing, Judge Christopher Whitten
denied Plaintiff’s request for injunctive relief regarding the election of directors to the
Defendants’ Board of Directors. Judge Whitten also allowed Plaintiff ten business days to file an
amended complaint. No amended complaint was filed.
Based upon the Court’s consideration of the above described documents, the Court finds
that the Plaintiff and Defendant are subject to the Declaration of Covenants, Conditions and
Restrictions (CC&R’s) which apply to the Defendant Landings Homeowners Association, Inc.
and Plaintiff as a homeowner in the Association.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091327
07/29/2008
Docket Code 023
Form V000A
Page 2
The CC&R’s constitute a contract between Plaintiff and Defendant. More specifically,
Article VII, Section I of the CC&R’s is a contract for payment of attorney fees when, as here, the
Association employs an attorney to enforce terms and conditions and prevails in the action.
The Court will consider whether the attorney fees sought are reasonable. McDowell
Mountain Ranch Association v. Simons, 216 Ariz. 266, 165 P.3d 667 (App. 2007).
The Court has considered the time required, the issues presented to Judge Whitten, the
skill needed to defend against the injunctive relief sought, the fees customarily charged in the
community for legal services, the amount sought and the results obtained and the experience of
the lawyer defending the Defendant.
Based on this consideration, the Court finds that the time spent of 8.7 hours and the
attorney fees sought of $1,609.50 are reasonable. Plaintiff did not meet the burden that the fees
sought are clearly excessive. Therefore,
IT IS ORDERED granting the Application for Attorney Fees of $1,609.50. The Court
finds no just reason for delay to enter the judgment and enters judgment in favor of Defendant
Landings Homeowners Association, Inc. and against Plaintiff Paula Nelson for attorney fees of
$1,609.50 together with interest thereon at the rate of 10% per annum from the date of judgment
until paid in full.
Formal judgment is entered.
