02/06/2013 — CV2012094631 COX, COREY L 02/06/2013 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
02/06/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
K. Conway
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
MINUTE ENTRY
Defendant Corey Cox has filed motions to vacate the judgment dated October 19, 2012,
in this forcible detainer case. She filed her first motion on November 9, 2012, and on November
16, 2012, she filed a second “motion to vacate eviction judgement (sic), award defendant
reasonable expenses, attorney fees and double damages.” On November 26, 2012, she filed a
“correction to motion to vacate eviction.” Plaintiff filed its response to the motions on December
3, 2012. On December 12, 2012, defendant filed her “response to plaintiff’s response to
November 15 motion to vacate eviction judgement (sic),” and she filed a “correction to response
to response to my motion” on December 14, 2012. Oral argument has not been requested, and
the Court finds that oral argument would not assist it in resolving defendant’s motion.
Plaintiff filed its complaint on June 22, 2012, and served defendant on June 26, 2012. At
the initial return hearing on July 3, 2012, both parties appeared, informed the Court they were
discussing settlement and together moved to continue the initial hearing. The matter was
continued to July 13, 2012. Plaintiff appeared at the July 13, 2012, hearing, but defendant neither
appeared nor filed an answer to the complaint. The Court granted plaintiff’s request to proceed
by default and found that by failing to appear or answer that defendant admitted the allegations
in the complaint. The court directed plaintiff to lodge a form of judgment along with its
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
02/06/2013
Docket Code 023
Form V000A
Page 2
application for attorney fees and costs. The Court heard oral argument on plaintiff’s application
for attorney’s fees on August 28, 2012, and ruled by minute entry order signed September 26,
2012. Plaintiff then lodged a form of judgment and the Court signed it on October 19, 2012.
In her motions to set aside the judgment, defendant initially argues that prior to filing its
complaint plaintiff failed to give her proper notice pursuant to statute and her sublease.
Defendant’s statutory argument is that she did not receive the notice required by A.R.S.
33-1242, a statute that applies to alleged violations regarding the “condition of the property.”
Plaintiff has not asserted that there were problems with the condition of defendant’s property. It
only alleges that she did not pay her “ground rents, taxes, maintenance charges and/or
assessments.” By its terms, A.R.S. 33-1242 does not apply to this situation.
With respect to notice required by the sublease, defendant argues that plaintiff did not
send her the written notice required by section 14.3(a) of the sublease. Section 14.3 directs the
lessor to give written notice to a lessee that a default has occurred regarding the payment of
“ground rents, taxes, maintenance charges and/or assessments” and that if the default continues
for 60 days after this written notice that lessee’s sublease could be terminated pursuant to
section14.4 of the sublease. For its part, plaintiff alleges it sent defendant two notices. The first
was dated April 3, 2012. It included defendant’s payment history and asked her to notify plaintiff
if the history was not accurate. It did not say she had 60 days to cure any deficiency or face
termination of her lease. The second notice was a letter dated April 18, 2012. It informed
defendant that she had failed to pay “ground rents, taxes, maintenance charges and/or
assessments” for more than 60 days and that her sublease would expire on May 18, 2012,
pursuant to section 14.4 of the sublease. Neither notice, however, is the notice required by
section 14.3. The April 3, 2012, letter did not inform defendant what would happen if the
delinquency in her account continued for 60, and plaintiff sent the April 18, 2012, letter only 15
days later. The April 18, 2012, letter is clearly the notice required by section 14.4 and is, by the
terms of section 14.4, in addition to the notice required by section 14.3. A review of the
complaint reveals that plaintiff did not allege that it complied with the section 14.3 notice
requirement and plaintiff did not otherwise present evidence that it complied with this section.
By her default, defendant admitted to all well-pled allegations in the complaint, but her default
does not include an admission to matters that were not pled, and in this case that includes a
failure by plaintiff to allege that it complied with the written notice requirement set out in section
14.3. Rule 15(a)(3), Rules of Procedure for Eviction Actions, provides that failure to receive
proper notice is a ground to set aside a judgment.
THE COURT FINDS that this rule is properly applied here. There is no basis for finding
that plaintiff sent the notice required by section 14.3. If plaintiff seeks to terminate a lease, then it
must follow the terms of the sublease at each step. An important and mandatory first step is to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
02/06/2013
Docket Code 023
Form V000A
Page 3
provide the written notice required by section 14.3. Absent compliance, plaintiff cannot declare a
default and termination of the sublease.
IT IS THEREFORE ORDERED granting defendant’s motion to set aside the October
19, 2012, judgment. That judgment is hereby vacated.
In her motions, defendant also made a number of other arguments, none of which, the
Court finds, have merit.
Defendant alleges that the default was premised on a perceived foreclosure of her
property and alleged delinquent conduct by her son. The complaint, however, alleged only that
defendant failed to pay “ground rents, taxes, maintenance charges and/or assessments.” Plaintiff
did not make allegations about foreclosure or delinquent conduct in its complaint. There is no
merit to this assertion.
Defendant claims she did not appear at the July 13, 2013, hearing because she believed
she and plaintiff had reached a settlement. This, in essence, is an assertion of excusable neglect.
Rule 15(a)(4), Rules of Procedure for Eviction Actions. Defendant attended the July 3, 2012,
hearing where she received actual notice of the July 13, 2012, hearing. The matter was continued
so the parties could discuss settlement. Defendant asserted that she did not attend the July 13,
2012, hearing because she thought the parties had reached a settlement. Defendant, however, has
not produced a written settlement agreement, and no such agreement was made in open court.
See Rule 80(d), Arizona Rules of Civil Procedure. Further, the Court did not issue any notice
that vacated the July 13, 2012, hearing. Plaintiff also maintains that defendant took part in
settlement discussions on July 12, 2012, and that the discussion concluded without a settlement
agreement.
THE COURT FINDS that defendant’s neglect regarding her attendance at the July 13,
2012, hearing is not excusable.
Defendant argues that she made a partial payment of the past due “ground rents, taxes,
maintenance charges and/or assessments” in the amount of $5,500 by check dated July 3, 2012.
She claims she presented this check to plaintiff on July 4, 2012, and that the money was
deducted from her account on July 6, 2012. She argues that acceptance of the payment
constitutes a waiver of plaintiff’s right to terminate the rental agreement, citing A.R.S. 33-1371.
Plaintiff responds by arguing that it informed defendant by letter dated July 11, 2012, that the
payment was not accepted as full payment, and that it reasserted this position during settlement
discussions with defendant on July 12, 2012. Thus prior to the hearing on July 13, 2012,
defendant knew plaintiff’s position about the payment, yet she did not file an answer and did not
appear at the July 13, 2012, to answer orally.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
02/06/2013
Docket Code 023
Form V000A
Page 4
THE COURT FURTHER FINDS that by failing to appear on July 13, 2012, with
knowledge of the situation regarding her payment, defendant waived her claim regarding any
payment.
Defendant argues that plaintiff made misrepresentations to her and committed other non-
specific acts of misconduct. The alleged misrepresentations and misconduct are said to have
taken place during settlement negotiations. The Court has reviewed the record and finds no
evidence that supports a conclusion that plaintiff misrepresented facts or engaged in other
misconduct.
Plaintiff alleges that plaintiff brought this action without substantial justification, filed it
primarily for delay or harassment, or took steps to delay or unreasonably expanded this case. The
Court has reviewed the record and finds no facts that support these allegations.
Defendant disputes the calculation by plaintiff regarding delinquent “ground rents, taxes,
maintenance charges and/or assessments.” Defendant was aware of this issue, or had reason to be
aware of it, prior to the July 13, 2012, hearing. By failing to file an answer and appear at this
hearing, defendant waived this issue. Further, plaintiff sought a judgment only for possession and
its attorney’s fees and costs. It did not seek a judgment for the delinquent “ground rents, taxes,
maintenance charges and/or assessments.”
Defendant made a claim for attorney’s fees and costs, citing A.R.S. 12-349. The court has
reviewed the record and finds that an award of attorney’s fees and costs pursuant to A.R.S. 12-
349 is not warranted because defendant was not represented by counsel and because the Court
cannot identify any conduct by plaintiff or its counsel that would permit an award under A.R.S.
12-349.
Based upon these reasons,
IT IS ORDERED denying defendant Cox’s motions for all relief, except for the setting
aside of the judgment dated October 19, 2012, as ordered above.
IT IS FURTHER ORDERED that both parties are to bear their own attorney’s fees and
costs.
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.
03/14/2013 — CV2012094631 COX, COREY L 03/14/2013 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
03/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
03/14/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
COMM. OWENS
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED placing this case on the inactive calendar for dismissal on May 13,
2013. Unless a proper “Motion to Set and Certificate of Readiness” is filed before that date, all
unadjudicated claims will be dismissed without further notice.
/ 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.
05/14/2013 — CV2012094631 COX, COREY L 05/14/2013 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
05/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
05/14/2013
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
ORDER OF DISMISSAL
A review of the file in this matter indicates the case was placed on the inactive calendar
for dismissal on May 13, 2013 by minute entry dated March 14, 2013. Accordingly,
IT IS ORDERED dismissing any remaining unadjudicated claims.
DATED this 14th day of May, 2013.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
07/03/2012 — CV2012094631 COX, COREY L 07/03/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/06/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
07/03/2012
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
NIKITA VERMA PATEL
MINUTE ENTRY
Courtroom 303 - SEA
9:06 a.m. This is the time set for Forcible Detainer Hearing. Counsel, Nikita Patel, is
present on behalf of the Plaintiff Casa Del Monte Inc. Defendant, Cory Cox, is present on her
own behalf.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Counsel advises the Court that the parties are actively discussing settlement and move to
continue this matter.
Discussion is held.
Based upon the matters presented herein,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
07/03/2012
Docket Code 004
Form V000A
Page 2
IT IS ORDERED granting the request and continuing this matter for Forcible Detainer
Hearing on July 13, 2012 at 9:00 a.m. (15 minutes allotted), in this Division, 222 E. Javelina
Avenue, Courtroom 303, Mesa, Arizona.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division at (602) 506-3915 so that the hearing can be vacated.
9:10 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
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.
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.
08/06/2012 — CV2012094631 COX, COREY L 08/06/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/06/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
MINUTE ENTRY
The Court has received a form of judgment, but without a Notice of Lodging and an
Application for Costs and Attorney’s Fees from Plaintiff. From Defendant, the Court has
received an Objection to the attorney fees.
Plaintiff is directed to file a Notice of Lodging Form of Judgment and copy Defendant.
IT IS ORDERED setting Oral Argument on Defendant’s Objection to Attorney Fees for
August 21, 2012 at 10:30 a.m. (15 minutes allotted), in this Division, 222 E. Javelina Avenue,
Courtroom 303, Mesa, Arizona.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
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.
08/15/2012 — CV2012094631 COX, COREY L 08/15/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/15/2012
Docket Code 905
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
MINUTE ENTRY
The Court has received a document from Defendant Cory Cox entitled “Letter Disputing
Legal Fees.” There is no indication that Defendant has sent a copy to Plaintiff. Absent such
proof, the Court treats the “letter” as an ex parte communication and will not read or consider it.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
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.
08/21/2012 — CV2012094631 COX, COREY L 08/21/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/23/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/21/2012
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
MINUTE ENTRY
Courtroom 303 – SEA
10:40 a.m. This is the time set for Oral Argument regarding Defendant’s Objection to
Attorney Fees. Counsel Kellie Callahan is present on behalf of the Plaintiff Case Del Monte Inc.
Defendant Corey Cox is neither present nor represented by counsel.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held regarding Defendant’s Motion to Continue.
Counsel states her clients position regarding Defendant’s Motion to Continue and moves
for judgment on attorney’s fees and costs.
Based upon the matters presented herein,
IT IS ORDERED granting Defendant’s Motion to Continue.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/21/2012
Docket Code 003
Form V000A
Page 2
IT IS FURTHER ORDERED vacating the Oral Argument set this date and resetting
same for August 28, 2012 at 10:00 a.m. (15 minutes allotted), in this Division, 222 E. Javelina
Avenue, Courtroom 303, Mesa, Arizona.
IT IS FURTHER ORDERED granting leave for counsel to appear telephonically at the
Oral Argument by initiating a telephone call to this Division at (602) 506-3915 on the aforesaid
date and time.
10:47 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 605-506-7100 (leave details on voice mail) or email your request
to: [email protected]
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.
08/28/2012 — CV2012094631 COX, COREY L 08/28/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/06/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/28/2012
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
L. Mooney
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
ORAL ARGUMENT
Courtroom – SEF 303
10:27 a.m. This is the time set for Oral Argument Defendant’s Objection to Attorney
Fees. Counsel, Chad Meisen appears telephonically on behalf of the Plaintiff. Defendant, Corey
Cox is present on behalf of herself.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is held on Defendant’s Objection to Attorney Fees.
IT IS ORDERED taking this matter under advisement.
10:47 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/index.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
08/28/2012
Docket Code 020
Form V000A
Page 2
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of the proceedings. All parties requesting to purchase a copy of a CD of a hearing
in a courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your
request to: [email protected]
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 though AZTurboCourt unless an
exception defined in the Administrative Order applies.
09/26/2012 — CV2012094631 COX, COREY L 09/26/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
09/27/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
09/26/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
MINUTE ENTRY
The Court heard oral argument on Plaintiff’s request for attorney’s fees and costs on
August 28, 2012. The Court has considered the arguments made by the parties, as well as the
application for attorney’s fees and the affidavit supporting Plaintiff’s request for attorney’s fees.
The Court finds that Plaintiff is entitled to a reasonable award of attorney’s fees in the
amount of $3,467.00 and costs in the amount of $372.50.
IT IS HEREBY ORDERED awarding plaintiff Casa Del Monte Inc. its reasonable
attorney’s fees against Defendant Corey L. Cox in the amount of $3,467 and costs of $372.50,
plus interest at the rate of 4.25% per year from date the date of this order until paid in full.
IT IS ORDERED signing this minute entry as a formal order of this Court.
Date
___________
_______________________________________
Commissioner Bernard Owens
Judicial Officer of the Superior Court
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
09/26/2012
Docket Code 023
Form V000A
Page 2
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
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.
12/06/2012 — CV2012094631 COX, COREY L 12/06/2012 COMM. BERNARD C. OWENS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
12/06/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMM. BERNARD C. OWENS
T. Haaser
Deputy
CASA DEL MONTE INC
KELLIE J CALLAHAN
v.
COREY L COX
COREY L COX
4525 N 66TH ST # 76
SCOTTSDALE AZ 85251
NIKITA VERMA PATEL
MINUTE ENTRY
LET THE RECORD REFLECT that it has come to the Court’s attention that the
minute entry for this matter was inadvertently omitted. Accordingly, the minute entry is as
follows:
Courtroom 303 – SEA
9:15 a.m. This is the time set for Forcible Detainer Hearing. Counsel Niki Patel appears
on behalf of the Plaintiff Case Del Monte Inc. No one else appears.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Counsel advises the Court that the parties have not reached an agreement. The Defendant
has made an admission that she is delinquent in payments. Defendant has failed to appear for
hearing and has not filed an answer. Counsel moves to lodge a proposed form of judgment
showing that the association is entitled to possession of the property and attorney fees and costs.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094631
12/06/2012
Docket Code 005
Form V000A
Page 2
Based upon the matters presented herein,
THE COURT FINDS that Defendant Corey Cox was properly noticed of today’s
hearing and failed to appear. By failing to appear, Corey Cox has admitted to the allegations on
the Complaint. Accordingly,
IT IS ORDERED directing counsel to lodge a proposed form of judgment along with an
application for attorney fees and costs and provide a copy to Defendant so that a timely objection
can be filed.
9:20 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]
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.
