03/09/2012 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 03/09/2012 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/12/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
03/09/2012
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
MINUTE ENTRY
Courtroom 203 – SEA
8:33 a.m. This is the time set for telephonic status conference re: disposition of case.
Counsel, Jason Smith, appears telephonically on behalf of Plaintiff. Defendant, Joseph Romero,
appears telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel advise the Court that the property is in compliance.
IT IS ORDERED placing this matter on the inactive calendar for dismissal on May 8,
2012, without further notice unless prior to that date a stipulated judgment or a stipulation for
dismissal together with a proposed form of Order is submitted to the Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
03/09/2012
Docket Code 078
Form V000A
Page 2
8:50 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
04/20/2011 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 04/20/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/21/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
04/20/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
TELEPHONIC STATUS CONFERENCE SET
Courtroom 203 – SEA
8:36 a.m. This is the time set for telephonic status conference re: disposition of the case.
Counsel, Jason Smith, participates telephonically on behalf of Plaintiff. Defendant, Joseph
Romero, participates telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding attempts to settle.
IT IS ORDERED setting a Telephonic Status Conference regarding disposition of the
case on June 9, 2011 at 8:30 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
04/20/2011
Docket Code 028
Form V000A
Page 2
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-8288 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
8:38 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp.
Attorneys are encouraged to review Supreme Court Administrative Orders 2010-117 and 2011-
10 to determine their mandatory participation in eFiling through AZTurboCourt.
06/09/2011 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 06/09/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/10/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
06/09/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
TELEPHONIC STATUS CONFERENCE SET
Courtroom 203 – SEA
8:36 a.m. This is the time set for telephonic status conference re: disposition of case.
Counsel, Jason Smith, participates telephonically on behalf of Plaintiff. Defendant, Joseph
Romero, participates telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Ongoing settlement discussions are continuing between Plaintiff and Defendant.
IT IS ORDERED setting a Telephonic Status Conference regarding settlement
proceedings on August 11, 2011 at 8:30 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
06/09/2011
Docket Code 028
Form V000A
Page 2
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-8288 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
8:39 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
06/28/2012 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 06/28/2012 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/03/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
06/28/2012
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
L. Stogsdill
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
CASE CONTINUED INACTIVE CALENDAR
The Court has reviewed and considered Plaintiff’s Motion to Continue Case on Inactive
Calendar, filed June 11, 2012,
IT IS ORDERED granting the Motion and extending the current dismissal date in this
case until November 1, 2012 all in accordance with the formal written Order signed by the Court
on June 14, 2012, and filed (entered) by the Clerk on June 28, 2012.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
08/11/2011 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 08/11/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/12/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
08/11/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
TELEPHONIC STATUS CONFERENCE SET
Courtroom 203 – SEA
8:35 a.m. This is the time set for Order to Show Cause Return Hearing. Counsel, Jason
Smith, appears in person on behalf of Plaintiff. Defendant is neither present in person nor
appears telephonically.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel for Plaintiff advises the Court that Defendant has provided the drawings as
requested by Plaintiff in their request for an Order to Show Cause hearing.
IT IS ORDERED setting a Telephonic Status Conference regarding disposition of the
case on September 23, 2011 at 9:00 a.m. (allotted time: 15 minutes)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
08/11/2011
Docket Code 028
Form V000A
Page 2
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-8288 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
8:36 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
09/23/2011 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 09/23/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/26/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
09/23/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
TELEPHONIC STATUS CONFERENCE SET
Courtroom 203 – SEA
8:58 a.m. This is the time set for telephonic status conference re: disposition of the case.
Counsel, Jason Smith, appears telephonically on behalf Plaintiff. Defendant, Joseph Romero,
appears telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court is advised that the parties are continuing to work toward settlement of the
issues.
IT IS ORDERED setting a Telephonic Status Conference regarding disposition of the
case on December 12, 2011 at 8:45 a.m. before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
09/23/2011
Docket Code 028
Form V000A
Page 2
HONORABLE JOHN R. DITSWORTH
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 203
MESA AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-8288 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
9:01 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.
12/05/2012 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 12/05/2012 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
12/10/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
12/05/2012
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
ORDER OF DISMISSAL
FEE APPLICATION
On October 31, 2012, Plaintiff filed an “Application for Award of Attorneys’ Fees”. The
Court has reviewed this application and the Court file. The Court makes note of the following:
•
In civil litigation, A.R.S. §12-341 mandates an award of taxable costs to the
successful party.
•
Plaintiff suggests in its “Application for Award of Attorneys’ Fees” that Plaintiff
is entitled to an award of costs based on the CC&Rs. In support of this
suggestion, Plaintiff has not cited any specific portion of the CC&Rs.
•
In an action arising out of contract, the Court may award attorney fees to the
successful party.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
12/05/2012
Docket Code 042
Form V000A
Page 2
•
Throughout the entirety of this case, Plaintiff has alleged that Defendant violated
the applicable CC&Rs. It is possible that this allegation is true; however, Plaintiff
has not proved and the Court has not found this allegation to be true.
•
Neither Plaintiff nor Defendant has obtained relief from the Court in this case.
Neither Plaintiff nor Defendant is the successful party in this case.
•
Plaintiff seeks an award of attorney fees pursuant to §4.1 of the CC&Rs.
•
Some CC&Rs include a provision mandating an award of attorney fees to the
“party prevailing” in an action to enforce CC&Rs. See Heritage Heights
Homeowners Ass’n v. Esser 115 Ariz. 330 (App. 1977). While Plaintiff in this
case alleges that it forced Defendant to comply with the CC&Rs, Plaintiff has not
established this to be true.
•
Some CC&Rs include a provision mandating an award of “all attorney fees and
court costs”. When CC&Rs include such a provision, all fees and costs must be
awarded absent an evidentiary showing that the amount requested is clearly
excessive. See McDowell Mountain Ranch Community Association, Inc., v.
Simons, 216 Ariz. 266 (App. 2007). The CC&Rs in this case do not contain such
a provision.
•
Plaintiff seeks an award of attorney fees based on §4.1 of the CC&Rs. This
section provides, for example, if fees are awarded, that the fee award may be
asserted as a lien against the lot and shall also be the personal obligation of the lot
owner. However, this section in no way mandates that fees be awarded to the
homeowners association in the context of litigation such as this.
•
In this case, Plaintiff has not established that the fees it seeks to recover are
reasonable.
Under the circumstances,
IT IS ORDERED denying Plaintiffs “Application for Award of Attorney’s Fees”.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
12/05/2012
Docket Code 042
Form V000A
Page 3
MOTION TO CONTINUE ON THE INACTIVE CALENDAR
On November 1, 2012, Plaintiff filed a “Motion to Continue on the Inactive Calendar”.
Through the motion, Plaintiff sought a continuance on the inactive calendar until after the Court
ruled on the above referred to “Application for Award of Attorneys’ Fees”. The Court has now
ruled on the subject motion and,
IT IS ORDERED denying Plaintiff’s “Motion to Continue Case on the Inactive
Calendar”.
DISMISSAL
Through an order file on June 28, 2012, the Court continued this case on the inactive
calendar until November 1, 2012. Under the circumstances presented,
IT IS NOW ORDERED dismissing this case off of the inactive calendar.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
12/12/2011 — CV2010081952 NORTH HOMEOWNERS ASSOCIATION, CRESCENT HILLS 12/12/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
12/12/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
CRESCENT HILLS NORTH HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
JOSEPH D ROMERO
JOSEPH D ROMERO
6125 W FETLOCK TRAIL
PHOENIX AZ 85085
TELEPHONIC STATUS CONFERENCE SET
Courtroom 203 – SEA
8:48 a.m. This is the time set for telephonic status conference re: disposition of the case.
Counsel, Jason Smith, appears telephonically on behalf of Plaintiff. Defendant, Joseph Romero,
appears telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Due to the continuing attempts at settlement,
IT IS ORDERED setting a Telephonic Status Conference regarding disposition of the
case on March 9, 2012 at 8:30 a.m. before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-081952
12/12/2011
Docket Code 028
Form V000A
Page 2
HONORABLE JOHN R. DITSWORTH
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 203
MESA AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-8288 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
8:49 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.
