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Maricopa County Superior Court Case CV2009-090547: public docket details, parties, minute entries, documents, and official source links for Villa Green Homeowners Association.

Case Number

CV2009-090547

County

Maricopa

Caption

Not captured

Filed

2/26/2009

Case Type

Civil

Judge

Driggs, Adam

Location

Southeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/25/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
01/21/2010
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
COMPREHENSIVE PRETRIAL CONFERENCE SET
The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness in this matter.
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference on February
25, 2010 at 10:00 a.m. (15 minutes are reserved).
HONORABLE KAREN A. POTTS
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 EAST JAVELINA
MESA AZ 85210
NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-372-1160 with all participating parties and counsel on the line at the date and
time specified above.
JOINT PRETRIAL MEMORANDUM

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
01/21/2010
Docket Code 026
Form V000A
Page 2
IT IS ORDERED:
Counsel and any self-represented litigants are to meet personally to discuss all of the
matters set forth in Ariz. R. Civ. P. 16(b). The parties shall prepare and file with the Court, no
later than 5:00 p.m. on February 18, 2010, a Joint Pretrial Memorandum with discovery,
motion, and disclosure deadlines.
If the parties agree to the dates, they should file a Joint Pretrial Memorandum and prepare
an Order in the form set forth below, containing the provisions which are applicable to their case.
If the parties are unable to agree on any of the provisions that are to be included in the Order, the
reasons for their inability to agree shall be set forth in the Joint Pretrial Memorandum, and the
parties shall submit a proposed Order without dates included.

The Joint Pretrial Memorandum shall include specific dates (“December 5, 2007” is a
specific date; “90 days prior to trial” is not a specific date). Do not include a trial date in the
Joint Pretrial Memorandum.
If a Joint Pretrial Conference Memorandum is not timely submitted, the Court will place
the matter on the Inactive Calendar for dismissal.
PROPOSED LANGUAGE FOR ORDER:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum. In
accordance therewith,
IT IS ORDERED:
1. Plaintiff’s final expert disclosure (in accordance with Ariz.R.Civ.P. 26.1 (a)(6))
shall be served by
, 2010.
2. Defendant’s final expert disclosures (in accordance with Ariz.R.Civ.P. 26.1
(a)(6)) shall be served by
, 2010.
3. Any rebuttal expert disclosures (in accordance with Ariz.R.Civ.P. 26.1 (a)(6))
shall be served by
, 2010.
4. Final non-expert disclosures (in accordance with Ariz.R.Civ.P. 26.1 (a)(6)) shall
be served by
, 2010.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
01/21/2010
Docket Code 026
Form V000A
Page 3
5. All discovery shall be completed by
, 2010.
6. The parties remaining in this action shall complete mediation by
, 2010.
IT IS ORDERED: The parties shall participate in private mediation. The cost of
private mediation shall be paid proportionately by the parties.
OR
The parties shall participate in a mandatory Settlement Conference. This matter
is referred to the court's Alternative Dispute Resolution for the appointment of a
judge pro tempore to conduct a settlement conference. Counsel and any self-
represented litigants will contact the appointed judge pro tempore to arrange the
time and location for the settlement conference. The judge pro tempore is
requested to conduct a settlement conference not later than
, 2010. The
Office of Alternative Dispute Resolution will not do the scheduling of the
settlement conference so please do not contact that office.
7. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be allowed
at trial other than those disclosed in a timely manner, except for good cause
shown or written agreement of the parties.
8. A telephonic status conference is set for
, 2010 at
m. for the
purpose of assigning a trial date if the case has not settled.
NOTE: Plaintiff shall be responsible for initiating the conference call by calling
this division at 602-372-1160, with all participating parties and counsel on the
line, at the date and time specified above.
9. Should any discovery disputes arise, any party seeking a discovery order shall,
prior to filing discovery motions, meet and confer pursuant to Ariz.R.Civ.P.
37(a)(2)(C). If a discovery issue is time sensitive, the Court will hear the matter
on an expedited basis.
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, 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. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
01/21/2010
Docket Code 026
Form V000A
Page 4
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.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/02/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
02/25/2010
Docket Code 350
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
DOUGLAS C WIGLEY
ALTERNATIVE DISPUTE
RESOLUTION - CCC
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
10:00 a.m. This is the time set for Rule 16 Comprehensive Pretrial Conference in this
matter. Plaintiff is represented by Charles E. Maxwell. Defendant is represented by Douglas
Wigley.
This matter comes on in chambers, on the record. A record of the proceedings is made
by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding completion of discovery. Discussion is held regarding the
parties participation in Arbitration. Charles Maxwell is heard. Douglas Wigley is heard in
response. Discussion is held regarding referral to ADR for a Settlement Conference.
IT IS ORDERED transferring this matter to the Civil Court Arbitration Desk for the
appointment of an Arbitrator. The deadline for completion of arbitration shall be August 1,
2010.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
02/25/2010
Docket Code 350
Form V000A
Page 2
IT IS FURTHER ORDERED that the parties remaining in this action shall complete a
settlement conference by April 30, 2010.
The parties shall participate in a mandatory Settlement Conference. This matter is
referred to the court's Alternative Dispute Resolution for the appointment of a judge pro
tempore to conduct a settlement conference. Counsel and any self-represented litigants will
contact the appointed judge pro tempore to arrange the time and location for the settlement
conference. The judge pro tempore is requested to conduct a settlement conference not later
than April 30, 2010. The Office of Alternative Dispute Resolution will not do the scheduling of
the settlement conference so please do not contact that office.
10:13 a.m. Matter concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This Courtroom uses an electronic recording system for the record. All CDs and
videotapes will be provided by the Court, 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
03/04/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
DOUGLAS C WIGLEY
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
Sua sponte,
IT IS ORDERED extending the deadline for conducting the ADR Settlement Conference
to June 2, 2010.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
03/30/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Sahli
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
VILLA GREEN HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
JUDGE HAUSER
JUDGE KREAMER
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Joseph Kreamer. A Notice of
Change of Judge has been filed by Plaintiff. The case was transferred to the Presiding Civil
Judge for reassignment.
IT IS ORDERED that this case be temporarily assigned to Civil Calendar CVJ16, the
Honorable Brian Hauser. Effective June 22, 2009 this case will be reassigned to the Honorable
Karen A. Potts for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
Pending:
⋅No matters pending

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/20/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
05/18/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
R. Aguilera
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
JUDGE HAUSER
JUDGE POTTS
CASE REASSIGNMENT – CIVIL PRESIDING JUDGE
This case was previously temporarily assigned to the Honorable Brian Hauser. On
Court’s own motion,
IT IS ORDERED that this case be reassigned for all further proceedings to civil
calendar CVJ22, the Honorable Karen Potts.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
06/23/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
MINUTE ENTRY
The Court having considered Defendant’s Motion to Stay Proceedings, Plaintiff’s
Response and Defendant’s Reply,
IT IS ORDERED denying said motion.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/06/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
11/04/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Plaintiff’s Motion for Summary Judgment
for December 11, 2009 at 4:00 p.m. before:
THE HONORABLE KAREN A. POTTS
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210
IT IS FURTHER ORDERED:

Oral argument shall not exceed fifteen (15) minutes for each side. If extended oral
argument is necessary, counsel must so advise the Court no later than four (4) court days prior to
the date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
11/04/2009
Docket Code 094
Form V000A
Page 2

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.
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, 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. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/09/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
11/06/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
MINUTE ENTRY
The Court has received Defendant’s Motion for Leave to File Sur-Reply and Sur-Reply.
IT IS ORDERED granting the motion for leave to allow the filing of a Sur-Reply.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/15/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
12/11/2009
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
MINUTE ENTRY
3:55 p.m. This is the time set for Oral Argument regarding Plaintiff’s Motion for
Summary Judgment in this matter. Plaintiff is represented by Charles E. Maxwell. Defendant is
represented by Jonathan A. Dessaules.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Charles Maxwell is heard. Jonathan Dessaules is heard in response. Charles Maxwell is
heard in response.
IT IS ORDERED taking this matter under advisement.
4:19 p.m. Matter concludes.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
12/11/2009
Docket Code 020
Form V000A
Page 2
This Courtroom uses an electronic recording system for the record. All CDs and
videotapes will be provided by the Court, 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.

Michael K. Jeanes, Clerk of Court
*** Filed ***
12/21/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
12/18/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
MAXWELL & MORGAN P C
CHARLES E MAXWELL
v.
VILLA GREEN HOMEOWNERS
ASSOCIATION
JONATHAN A DESSAULES
MINUTE ENTRY
The Court has considered Plaintiff’s Motion for Summary Judgment, Defendant’s
Response thereto, Plaintiff’s Reply, Defendant’s Sur-Reply, and the oral argument of counsel.
The Court first finds that Defendant’s Response was timely filed and Plaintiff has
miscalculated the response time.
In regard to the Motion, the Court views the evidence in the light most favorable to the
non-moving party and may make reasonable inferences from those facts. The Court further finds
that there is a dispute of material fact as to the reasonableness of the fees for which Plaintiff
seeks judgment. While Plaintiff argues that Defendant has failed to offer admissible evidence of
the unreasonableness of the fees, the Court disagrees. Plaintiff offered evidence of the total fees
charged which state, in summary fashion, the fees which it now seeks. Defendant offered under
seal (due to attorney/client concerns as the underlying litigation is on-going) the details of the
very fees charged by Plaintiff. Plaintiff’s redaction of said invoices and submission of
summaries of the fees opened the door to the admission of the details supporting those fees as
submitted by Defendant; Plaintiff may not now object to the admission of evidence on this very
subject. Thus, the details of the time spent by Plaintiff as submitted by Defendant is admissible
evidence for the purpose of this Motion. Defendant’s reliance on the content of said

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-090547
12/18/2009
Docket Code 019
Form V000A
Page 2
invoices to argue that the fees are unreasonable is also proper. Reasonableness arguments need
not be the subject of direct testimony but may be argued from the underlying facts. Moreover, a
defense that the fees are not reasonable arises not only from the mandates set forth in the ethical
rules governing billing practices of attorneys licensed in this state, but also from the express
language of the fee agreement in this case. (See Plaintiff’s Statement of Facts, Exhibit 1, at pages
1, 4.) Defendant’s argument that the fees are excessive is supported by the time descriptions in
the invoices. Having reviewed the invoices, the Court cannot conclude as a matter of law that the
fees were not unreasonable in this case and the issue of reasonableness is thus properly reserved
for the trier of fact.
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment.
/ s / HONORABLE KAREN POTTS
JUDICIAL OFFICER OF THE SUPERIOR COURT

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