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Maricopa County Superior Court Case CV2012-090015: public docket details, parties, minute entries, documents, and official source links for Dynamite Mountain Ranch Homeowners Association.

Case Number

CV2012-090015

County

Maricopa

Caption

Not captured

Filed

1/5/2012

Case Type

Civil

Judge

McDowell, David

Location

Southeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/22/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

01/21/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo

Deputy

DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION

v.

KAY E LARSON, et al.
KAY E LARSON
22506 ARRELLAGA DRIVE
SUN CITY WEST AZ 85375

RICHARD C ERICKSON

MINUTE ENTRY

The Court having issued a Minute Entry dated October 4, 2013 ordering the disposal of
exhibits should counsel/party or written designee not take possession of the exhibits within thirty
(30) days, and no counsel/parties having retrieved the exhibits, 57.001 through 63, are disposed
of by the courtroom clerk.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/14/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

02/12/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo

Deputy

DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN

v.

KAY E LARSON, et al.
KAY E LARSON
6127 E CAROLINA DRIVE
SCOTTSDALE AZ 85254

CONSTANCE JEAN GOETZ-
KIRCHNER
6127 E CAROLINA DR
SCOTTSDALE AZ 85254

MINUTE ENTRY

Courtroom SEF 401

11:09 a.m. This is the time set for Oral Argument on Petitioner’s Motion and
Application for Award of Attorney’s Fees. Counsel, Christina Morgan, is present on behalf of
Petitoiner, Dynamite Mountain Ranch Homeowners Association. Respondent, Kay Larson, is
not present. Respondent, Constance Jean Joetz-Kirchner, is present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Argument is heard on Petitioner’s Motion and Application for Award of Attorney’s Fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

02/12/2014

Docket Code 020
Form V000A
Page 2

IT IS ORDERED taking Petitioner’s Motion and Application for Award of Attorney’s
Fees under advisement.

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.

11:40 a.m. Hearing concludes

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/22/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
03/19/2012
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
BRIAN W MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
MINUTE ENTRY
Courtroom SEF 205
10:15 a.m. This is the time set for Order to Show Cause. Counsel, Christina Morgan and
Scott Potter are present on behalf of Plaintiff, Dynamite Mountain Ranch Homeowners
Association. Counsel, Richard Erickson, is present telephonically on behalf of Defendants, Kay
Larson, et al, who are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court is advised as to the status of the case.
The parties agree that the hearing on preliminary injunction should be consolidated with a
Trial on the merits.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
03/19/2012
Docket Code 028
Form V000A
Page 2
IT IS ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court, no later than 5:00 p.m. on March 30,
2012, a Joint Pretrial Memorandum, and a proposed ORDER for discovery and disclosure
deadlines. The proposed order shall include dates for the following items and conform
substantially with the attached sample order.
1.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
2.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
3.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
4.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
5.
A date for completion of all discovery.
6.
A date by which all dispositive or partially-dispositive motions shall be filed.
7.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If the parties agree as to the dates, they need to only prepare and submit one proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. All proposed deadlines shall
be set forth as calendar dates, and not in the form “XX days before trial.”
IT IS FURTHER ORDERED setting a Status Conference for April 4, 2012 at 10:30
a.m. (Time allotted: 30 minutes) Counsel may appear in person or telephonically.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
03/19/2012
Docket Code 028
Form V000A
Page 3
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rule of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
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 THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
03/19/2012
Docket Code 028
Form V000A
Page 4
PROPOSED SCHEDULING ORDER FORM
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
1. Initial disclosures shall be exchanged by: (MM/DD/YYYY)
2. Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
3. Written discovery shall be propounded by: (MM/DD/YYYY)
4. Dispositive or partially dispositive motions shall be filed by: (MM/DD/YYYY)
5. Depositions shall be completed by: (MM/DD/YYYY)
6. Discovery shall be completed by: (MM/DD/YYYY)
7. Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
8. The parties remaining in this action shall participate in comprehensive
mediation by: (MM/DD/YYYY)
9. The case will be ready for trial on or after: (MM/DD/YYYY)
IT IS ORDERED setting a Status Conference in this matter on [counsel to leave this
date and time blank], (time allotted: 15 minutes), before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
03/19/2012
Docket Code 028
Form V000A
Page 5
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
Dated:_______________
____________________________________
HONORABLE EMMET J. RONAN
Judicial Officer of the Superior Court
(End of Form)
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.
10:28 a.m. Hearing concludes

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/05/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/04/2012
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
MINUTE ENTRY
Courtroom SEF 205
10:31 a.m. This is the times set for Pretrial Conference. Counsel, Christina Morgan, is
present on behalf of Plaintiff, Dynamite Mountain Ranch Homeowners Association, who is not
present. Counsel, Richard Erickson, is present on behalf of Defendants, Kay Larson, et al, who
are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
IT IS ORDERED setting this matter for an Evidentiary Hearing on July 2, 2012 at 9:30
a.m. (Time allotted: 1 day) before:
THE HONORABLE EMMET J. RONAN
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 205

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/04/2012
Docket Code 056
Form V000A
Page 2
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 205 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
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 THIS 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.
10:38 a.m. Hearing concludes

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

04/14/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo

Deputy

DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN

v.

KAY E LARSON, et al.
KAY E LARSON
6127 E CAROLINA DRIVE
SCOTTSDALE AZ 85254

CONSTANCE JEAN GOETZ-
KIRCHNER
NO ADDRESS ON RECORD

UNDER ADVISEMENT RULING

The parties to this case entered an agreement that resolved all issues except for attorney’s
fees. The Court held oral argument on the issue of attorney’s fees. The Court has considered the
pleadings submitted by the parties, the arguments of counsel and the history of this case, all of
which as occurred before this Court.

Plaintiff is entitled to an award of their reasonable attorney’s fees under the terms of the
CC&R’s. In addition, the Court has previously awarded them their reasonable attorney’s fees
based on Defendant’s conduct during the course of the litigation (see Minute Entry June 24,
2013). Plaintiff is requesting an award of attorney’s fees and costs of no less than $141,735.50.

The Court is unable to accurately assess the merits of Defendant’s claims against the
Association because the parties reached a resolution on all issues in the middle of the Evidentiary
Hearing. The mid-Trial resolution was largely the result of Defendant’s conduct prior to, and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

04/14/2014

Docket Code 926
Form V000A
Page 2

during, the Evidentiary Hearing. However, it appeared to the Court, based on the pleadings and
the testimony that was presented at the Evidentiary Hearing, that there may have been some
merit to Defendant’s claims that Plaintiff had acted unreasonably in their dealings with her.

It has been the Court’s experience that most litigation between homeowners and Home
Owners Association (HOA) could have been avoided or resolved. This case is no different.
There were no novel legal questions involved. The issues were all factual: Did the property
manager/HOA give Defendant permission to operate a business in her home and did the HOA
act reasonably in dealing with the Defendant in this case. The agreement ultimately reached
between the parties was essentially the relief that had been sought by Plaintiff in their Complaint.
Unlike most HOA/homeowner cases, Defendant had the benefit of experienced counsel from a
large Phoenix law firm representing her “pro bono” for much of the case. The litigation was
intensive including several depositions. The legal efforts undertaken by Plaintiff were
completely necessary to obtain the ultimate resolution that was reached in this case.

The legal fees incurred by Plaintiff in this case are significant and are certainly a burden
to the members of the HOA. On the other hand, ordering Defendant to pay $141,000 in fees
would cause an extreme hardship to her and her mother. An award of fees of this magnitude
would likely discourage other homeowners from pursuing or defending claims against their
HOA. However, in this particular case, a significant award of fees is appropriate as a sanction to
these Defendants for their egregious conduct during the course of this litigation. Hopefully the
award would deter other parties from engaging in similar tactics.

IT IS ORDERED awarding Plaintiff their reasonable attorney’s fees in the total amount
of $35,000.00.

IT IS FURTHER ORDERED that Plaintiff shall submit a form of judgment for the
Court’s signature.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/17/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/15/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
NO ADDRESS ON RECORD
CONSTANCE JEAN GOETZ-
KIRCHNER
2018 W MORNING VISTA LANE
PHOENIX AZ 85085
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion to Strike for April 25,
2013 at 2:00 p.m. (time allotted: 30 minutes) before:
THE HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210
602-506-0438
IT IS FURTHER ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/15/2013
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.
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 THIS 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/25/2013
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
NO ADDRESS ON RECORD
CONSTANCE JEAN GOETZ-
KIRCHNER
2018 W MORNING VISTA LANE
PHOENIX AZ 85085
ORAL ARGUMENT
MATTER TAKEN UNDER ADVISEMENT
Courtroom 205 – South East Facility
2:07 a.m. This is the time set for Oral Argument regarding Plaintiff’s Motion to Strike.
Counsel, Christina N. Morgan, is present on behalf of Plaintiff, Dynamite Mountain Ranch
Homeowners Association, who is not present. Defendant, Constance Jean Goetz-Kirchner, is
present on her own behalf. No other party appears.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is presented to the Court.
For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
04/25/2013
Docket Code 020
Form V000A
Page 2
IT IS ORDERED taking this matter under advisement.
2:47 p.m. Matter concludes.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/25/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
06/24/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
NO ADDRESS ON RECORD
CONSTANCE JEAN GOETZ-
KIRCHNER
2018 W MORNING VISTA LANE
PHOENIX AZ 85085
MINUTE ENTRY
The Court has considered all of the pleadings filed by the parties relating to Plaintiff’s
Motion to Strike. The Court has also considered the statements made by the parties at oral
argument.
Defendant Constance Goetz-Kirchner lied in her Answer/Counterclaim. She lied in an
affidavit filed in the case. She lied in her deposition and she lied in her trial testimony. She also
lied in numerous communications with the Dynamite Mountain Ranch Homeowners Association
prior to the filing of the lawsuit .These false statements were not isolated in nature. They were
part of a deliberate plan to misled the Homeowners Association, Plaintiff’s counsel and the
Court. In doing so, Defendant Constance Goetz-Kirchner has violated Rules 11 and 26.1 of the
Arizona Rules of Civil Procedure.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
06/24/2013
Docket Code 926
Form V000A
Page 2
Plaintiff asks the Court to sanction Defendants by striking Defendant’s Counterclaim and
awarding Plaintiffs their costs and attorney’s fees. A good argument can be made for striking
Defendant’s Counterclaim. However, the Court feels strongly that cases should be resolved on
their merits whenever possible. However, an award of attorney’s fees and costs is absolutely
appropriate under the facts of this case.
IT IS ORDERED denying Plaintiff’s request for an Evidentiary Hearing.
IT IS FURTHER ORDERED denying Plaintiff’s Motion to Strike Counterclaim.
IT IS FURTHER ORDERED awarding Plaintiff their reasonable attorney’s fees and
costs incurred investigating and discovering the inaccurate information including the pleadings
and hearings related to the Motion to Strike. Counsel shall file an affidavit and Proposed Form of
Judgment for the Court’s review.
IT IS FURTHER ORDERED setting a Telephonic Status Conference to set a date for a
conclusion of the Evidentiary Hearing on July 10, 2013 at 9:30 a.m. (Time allotted: 15
minutes) before:
HONORABLE EMMET RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 401
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) 506-0438 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.
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 THIS 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/11/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Gilmet
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
NO ADDRESS ON RECORD
CONSTANCE JEAN GOETZ-
KIRCHNER
2018 W MORNING VISTA LANE
PHOENIX AZ 85085
STATUS CONFERENCE
Courtroom 205 – Southeast Adult Facility
9:03 a.m. This is the time set for a telephonic Status Conference. Counsel, Christina N.
Morgan, is present telephonically on behalf of Plaintiff, Dynamite Mountain Ranch Homeowners
Association, who is not present. Defendant, Constance Jean Goetz-Kirchner, is present
telephonically on her own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case.
Plaintiff advises a Motion for Clarification of the June 24, 2013 minute entry will be filed
for the Honorable Emmet Ronan to rule on.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/11/2013
Docket Code 029
Form V000A
Page 2
The parties advise they are not agreeable to settlement and request the case be set for trial
before the Honorable Emmet Ronan.
The Court advises it will check the availability on conducting a one day Trial with the
Honorable Ronan.
9:27 a.m. Matter concludes.
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.

Clerk of the Superior Court

*** Electronically Filed ***

07/27/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-090015

07/16/2020

Docket Code LED
Form EXHCVREL
Page 1

CLERK OF THE COURT
EXHIBITS UNIT
C. Concholar (EXB)

Deputy

DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN

v.

KAY E LARSON, et al.
RICHARD G ERICKSON

NOTICE REGARDING DISPOSITION OF EXHIBITS

The Clerk of the Superior Court is in possession of exhibits in the above captioned case.
This case has been reviewed pursuant to Rules of Court Criminal Procedure, Rule 28.1; Superior
Court - Local Rules of Maricopa County, Rule 2.8(d); Rules of Civil Appellate Procedures, Rule
11(a)(6); and is not subject to further modification.

To claim your exhibits, please call 602-372-2284 to make an appointment. Appointments
are available Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. If the
exhibits need to be retained, a request must be made in writing within ten (10) days of the
mailing of this notice.

The subject exhibits will not be eligible for release until 8/14/2020 and must be collected
by 9/29/2020 or the exhibits shall be disposed. The following party(ies) have exhibits that need
to be collected: PLAINTIFF AND DEFENDANT. Exhibits may only be released to the party
which presented the exhibits. For further verification please contact the Exhibits Unit at 602-
372-2284.

This notice serves as the only written notification regarding disposition of these exhibits.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/18/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/17/2012
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
STATUS CONFERENCE SET
The Court has received a Motion and Stipulation to Set Scheduling Conference.
IT IS ORDERED setting a Telephonic Status Conference on August 10, 2012 at 10:00
a.m. (Time allotted: 15 minutes) before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
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) 506-0438 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/17/2012
Docket Code 028
Form V000A
Page 2
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 THIS 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/26/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/24/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
ORAL ARGUMENT SET
Plaintiff having filed a Motion for Summary Judgment and it having been fully briefed,
IT IS ORDERED vacating the telephonic Status Conference on August 10, 2012 at
10:00 a.m.
IT IS FURTHER ORDERED setting Oral Argument on Plaintiff’s Motion for
Summary Judgment on August 10, 2012 at 10:00 a.m. (Time allotted: 30 minutes) before:
THE HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210
602-506-0438
IT IS FURTHER ORDERED the parties shall appear in person for Oral Argument.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
07/24/2012
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED as follows:

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.
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 THIS 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/10/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
MINUTE ENTRY
Courtroom SEF 205
9:56 a.m. This is the time set for Oral Argument. Counsel, Christina Morgan and Scott
Potter, are present on behalf of Plaintiff, Dynamite Mountain Ranch Homeowners Association,
who are not present. Counsel, Richard Erickson, is present on behalf of Defendants, Kay Larson,
et al, who are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is heard on Plaintiff’s Motion for Summary Judgment.
IT IS ORDERED taking Plaintiff’s Motion for Summary Judgment under advisement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/10/2012
Docket Code 005
Form V000A
Page 2
IT IS ORDERED setting this matter for an Evidentiary Hearing on October 2, 2013 at
10:30 a.m. before:
THE HONORABLE EMMET J. RONAN
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 205
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 205 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
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 THIS 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.
10:23 a.m. Hearing concludes

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/27/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
22506 N ARRELLAGA DR
SUN CITY WEST AZ 85375
CONSTANCE JEAN GOETZ-
KIRCHNER
2018 W MORNING VISTA LANE
PHOENIX AZ 85085
MINUTE ENTRY
The Court has considered the Motion for Clarification of the June 24, 2013 Minute Entry
filed by Plaintiff. No Response has been filed. The Motion is granted in part.
IT IS ORDERED denying the Motion to Strike.
IT IS FURTHER ORDERED granting the request that attorney’s fees be assessed
against the Defendant Kay E. Larson.
IT IS FURTHER ORDERED setting the remaining portion of the Evidentiary Hearing
on September 27, 2013 at 1:30 p.m. (Time allotted: 3 hours)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/27/2013
Docket Code 023
Form V000A
Page 2
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/29/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
22506 ARRELLAGA DRIVE
SUN CITY WEST AZ 85375
CONSTANCE JEAN GOETZ-
KIRCHNER
NO ADDRESS ON RECORD
MINUTE ENTRY
IT IS ORDERED setting a continuing Evidentiary Hearing on September 27, 2013 at
1:30 p.m. (Time allotted: 3 hours) before Judge Ronan.
Maricopa County Superior Court
Southeast Judicial District
Courtroom 401
222 E. Javelina Avenue
Mesa, AZ 85210
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
08/29/2013
Docket Code 056
Form V000A
Page 2
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/02/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/01/2012
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
UNDER ADVISEMENT RULING
The Court has considered all of the pleadings filed by the parties relating to Plaintiffs’
Motion for Summary Judgment. The Court has also considered the arguments of counsel. There
are genuine issues of material fact as to all of the claims in this case. They will need to be
resolved by the Court at trial.
IT IS ORDERED denying the Motion for Summary Judgment.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/04/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/02/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
MINUTE ENTRY
Courtroom SEF 205
Prior to the Evidentiary Hearing, Plaintiff’s Exhibits 1-50 are marked for identification.
10:35 a.m. This is the time set for Evidentiary Hearing. Counsel, Christina Morgan and
Eric Jackson, are present on behalf of Plaintiff, Dynamite Mountain Ranch Homeowners
Association, who is not present. Counsel, Richard Erickson, who is present on behalf of
Defendants, Kay Larson, et al, who are not present.
A record of the proceedings is made by audio and/or videotape.
Court reporter, Kim Hannan, is present.
Opening statements
Defense counsel invokes the rule of exclusion of witnesses.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/02/2012
Docket Code 005
Form V000A
Page 2
Connie Kirchner is sworn and testifies.
By stipulation,
Plaintiff’s Exhibits 1-51 are received in evidence.
11:54 a.m. Court stands in recess.
1:38 p.m. Court reconvenes with counsel and the parties present.
A record of the proceedings is made by audio and/or videotape.
Court reporter, Kim Hannan, is present.
LET THE RECORD REFLECT that Defendant’s Exhibit, previously referenced as
Defendant’s Exhibits 1-15 are now Defendant’s Exhibits 51-66.
By stipulation of the parties,
Defendant’s Exhibits 52-57, 57.002 and 64 through 66 are received in evidence.
Connie Kirchner resumes testimony.
The witness is excused.
Stephanie Bondy is sworn and testifies.
3:04 p.m. The Court stands in recess.
3:22 p.m. Court reconvenes with counsel and the parties present.
A record of the proceedings is made by audio and/or videotape.
Court reporter, Kim Hannan, is present.
Stephanie Bondy resumes testimony.
The witness is excused.
4:55 p.m. The Court stands in recess until November 1, 2012 at 1:30 p.m.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/02/2012
Docket Code 005
Form V000A
Page 3
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/03/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/02/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
M. Kay
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
22506 N ARRELLAGA DR
SUN CITY WEST AZ 85375
CONSTANCE JEAN GOETZ-
KIRCHNER
6127 E CAROLINA DR
SCOTTSDALE AZ 85254
KAY E LARSON
6127 E CAROLINA DR
SCOTTSDALE AZ 85254
MOTION GRANTED/ORAL ARGUMENT SET
The Court has received and reviewed the parties’ Motion and Stipulation for Permanent
Injunction and Request for Oral Argument on Issue of Attorneys’ Fees and Costs filed on
September 20, 2013.
IT IS ORDERED granting the parties’ Motion and Stipulation all in accordance with the
formal written Permanent Injunction signed by the Court on September 27, 2013 and filed
(entered) by the Clerk on October 2, 2013.
IT IS FURTHER ORDERED setting an Oral Argument re: attorneys’ fees and costs on
January 30, 2014 at 10:00 a.m. (allotted time: 1 hour) before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/02/2013
Docket Code 094
Form V000A
Page 2
HONORABLE EMMET RONAN
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 401
MESA AZ 85210
IT IS FURTHER ORDERED:

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.

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.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
10/04/2013
Docket Code 092
Form V092
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
v.
KAY E LARSON, et al.
KAY E LARSON
22506 ARRELLAGA DRIVE
SUN CITY WEST AZ 85375
RICHARD C ERICKSON
ORDER RELEASING EXHIBITS
Pursuant to the Ruling entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the Clerk of the Court,
IT IS ORDERED that the Clerk permanently release Defendant's Exhibits 57.001
through 63 which were not offered in evidence to the counsel/party causing them to be marked,
or to their written designee.
IT IS FURTHER ORDERED that counsel Richard Erickson or written designee shall
have thirty (30) days from the date of this minute entry to take possession of the exhibits from
the division courtroom clerk; thereafter, the Clerk is authorized to dispose of the exhibits.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
11/09/2012
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
RICHARD G ERICKSON
MINUTE ENTRY
IT IS ORDERED vacating the Evidentiary Hearing on November 1, 2012 and resetting
same to November 26, 2012 at 1:30 p.m.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/29/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
11/26/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
DYNAMITE MOUNTAIN RANCH
HOMEOWNERS ASSOCIATION
CHRISTINA N MORGAN
v.
KAY E LARSON, et al.
KAY E LARSON
2018 W MORNING VISTA DRIVE
PHOENIX AZ 85085
ERIC M JACKSON
CONNIE GOETZ KIRCHNER
2018 W MORNING VISTA DRIVE
PHOENIX AZ 85085
MINUTE ENTRY
2:12 p.m. This is the time set for Evidentiary Hearing continued from October 2, 2012.
Counsel, Christina Morgan and Eric Jackson, are present on behalf of Plaintiff, Dynamite
Mountain Ranch Homeowners Association, who is not present. Counsel, Richard Erickson, is
present on behalf of Defendants, Kay Larson, et al, who are not present. Defendant, Connie
Kirchner, is present.
A record of the proceedings is made by audio and/or videotape.
Court reporter, Kristin Brown, is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-090015
11/26/2012
Docket Code 005
Form V000A
Page 2
Connie Kirchner is sworn and resumes testimony regarding Richard Erickson’s Motion to
Withdraw.
IT IS ORDERED granting Defendant’s Motion to Withdraw.

Plaintiff makes an oral motion to strike Defendant’s testimony.
IT IS ORDERED Defendant has until December 17, 2012 to either retain counsel to file
a Response to Plaintiff’s Motion to Strike or file a Response herself to Plaintiff’s Motion to
Strike. Plaintiff has until January 7, 2013 to file a Reply to Defendant’s Response.
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.
2:50 p.m. Hearing concludes

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