03/20/2014 — CV2013050075 JOHNSON, MICHAEL O 03/20/2014 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
03/20/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
E. Morgenstern
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
COAST PROPRTIES 1 LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
JOSEPH FAIT
NO ADDRESS ON RECORD
LEE E GOLDSTEIN
NO ADDRESS ON RECORD
SUSAN D GOLDSTEIN
NO ADDRESS ON RECORD
I M I INVESTMENT L L C
NO ADDRESS ON RECORD
SOUTHCOAST PROPERTY L L C
NO ADDRESS ON RECORD
ROSAS INTERNATIONAL L L C
NO ADDRESS ON RECORD
MINUTE ENTRY
The Court has Plaintiffs’ Motion To Amend Judgment And Decree Of Foreclosure filed
on March 11, 2014. The motion is denied.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
03/20/2014
Docket Code 023
Form V000A
Page 2
The Court is unwilling to grant a judgment simply allowing the Plaintiffs to sell the
property to the Goldsteins. While the Court appreciates that they may be innocent victims and
that this practical solution benefits the Plaintiffs and the Goldsteins, the judicial foreclosure
statute and the default rules both exist for the protection of all parties, potentially including the
defaulted defendants. While the other defendants in this case defaulted, they did not default
under a version of the complaint that proposes to sell the property directly to the Goldsteins. It
may be that the defaulted defendants would not have objected, but the Court cannot simply make
that assumption for them. The bottom line is that the Court cannot amend the judgment to grant
relief that was not requested in the complaint that forms the basis for the default. The Plaintiffs
have not cited the Court to any contrary authority on this issue.
As to Plaintiffs’ alternative request to order the sheriff to conduct the sale, the Court does
not understand why this is necessary. Presumably the timing of the sale depends on when the
sheriff is asked to schedule the sale, an event presumably under the Plaintiffs’ exclusive control.
Also, the Court is not aware of any authority for going beyond the terms of the judgment last
October, nor any authority granting the Court permission to amend a judgment for what appears
to be a change in strategy, not a clerical error under ARCP Rule 59. Alternatively, the Court
cannot grant the relief sought by the Plaintiffs without some allegation and proof of excusable
neglect under Rule 60(c).
Due to the potential significance of the six month period, the Plaintiffs are free to urge
reconsideration of this ruling, but must be sure to address the questions practical and legal
questions raised by the Court in this minute entry.
04/04/2014 — CV2013050075 JOHNSON, MICHAEL O 04/04/2014 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
04/04/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
T. Pavia
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
MINUTE ENTRY
The Court has Plaintiffs’ motion for reconsideration filed on March 28, 2014. The
motion asks the Court to reconsider its minute entry filed on March 21, 2014. The Court is
granting the motion and invites Plaintiff to submit a form of amended judgment adding the
language suggested by Plaintiff, among other things, directing the sheriff to sell the property.
Also Note: Any amended judgment must expressly be made nunc pro tunc to the date of the
original judgment, October 3, 2013, and Plaintiff must also add language to comply with new
Rules of Civil Procedure Rule 54(c).
05/07/2013 — CV2013050075 JOHNSON, MICHAEL O 05/07/2013 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
05/07/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
COAST PROPRTIES 1 LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
JOSEPH FAIT
C/O RICHARD H. ROSSMILLER
8325 E VIA DE LAS FLORES
SCOTTSDALE AZ 85258
LEE E GOLDSTEIN
SUSAN GOLDSTEIN
16164 N POST DR
SURPRISE AZ 85374
I M I INVESTMENT L L C
NO ADDRESS ON RECORD
SOUTHCOAST PROPERTY L L C
C/O RICHARD H. ROSSMILLER
8325 E VIA DE LAS FLORES
SCOTTSDALE AZ 85258
WILLIAM J O'LEARY
COMM. DOODY
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
05/07/2013
Docket Code 023
Form V000A
Page 2
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) JOSEPH FAIT; LEE E. GOLDSTEIN AND SUSAN D. GOLDSTEIN;
SOUTHCOAST PROPERTY LLC; IMI INVESTMENT, LLC; AND COAST PROPERTIES I
LIMITED PARTNERSHIP in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Doody.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
05/07/2013
Docket Code 023
Form V000A
Page 3
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/02/2013 — CV2013050075 JOHNSON, MICHAEL O 07/02/2013 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/05/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
07/02/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
L. Carlson
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
COAST PROPRTIES 1 LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
JOSEPH FAIT C/O RICHARD
ROSSMILLER
8325 E VIA DE LAS FLORES
SCOTTSDALE AZ 85258
LEE AND SUSAN GOLDSTEIN
16164 N POST DR
SURPRISE AZ 85374
I M I INVESTMENT L L C
NO ADDRESS ON RECORD
SOUTHCOAST PROPERTY LLC C/O
RICHARD ROSSMILLER
8325 E VIA DE LAS FLORES
SCOTTSDALE AZ 85258
WILLIAM J O'LEARY
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
07/02/2013
Docket Code 023
Form V000A
Page 2
The Court has Plaintiffs’ Motion filed on June 27, 2013 for Entry of Default Judgment.
The motion is denied, without prejudice, to be resubmitted when counsel feels that she can
address the concerns expressed in this minute entry.
This is an unusually complicated real estate case. The case started out simply enough.
According to the Complaint, the Plaintiffs are a married couple serving in the armed forces.
Back in 2000 they purchased the subject property as their residence and granted a mortgage to
Wells Fargo Bank, who is not a Defendant. After that, the case went downhill in terms of
complexity. The Complaint alleges that in 2001 the Plaintiffs sold the property on a Contract
For Conveyance Of Real Property (aka contract for sale) to Defendant Southcoast Property
LLC. The Complaint further alleges that the Wells Fargo Deed of Trust remained in effect.
Somewhat later in the Complaint the Plaintiffs suggest that the contract required Southcoast to
keep the Wells Fargo mortgage current, but later alleges that Southcoast breached that covenant
or condition in the contract. Plaintiffs also allege that the contract prohibited the buyer to
transfer the property (something that would seemingly be difficult to do under a contract for sale
since the buyer does not have title). The Complaint then alleges a series of transfers and
hypothications, or attempted transfers and hypothications, from Southcoast and various other
entities, but Southcoast is the only entity in privity of contract with the Plaintiffs. Plaintiffs do
allege, however, that one of these subsequent transferees (Joseph Fait) is currently in possession
of the property.
Two of the Defendants are no longer in the case, having either stipulated to a judgment
(Rosas International, LLC falls into this category) or have been dismissed (Mountain Vista
HOA).
The Complaint seeks damages, including damages for monies unpaid under the contract,
attorneys’ fees against all Defendants, a judicial foreclosure, and possession of the premises.
The Complaint leaves a host of questions unanswered or unclear, including: How much
was paid under the contract for sale? Did Wells Fargo ever foreclose the property in reaction to
the payment defaults? Plaintiffs suggest they used a collection agent. If that is true, did the
Plaintiffs ever exercise any the self-help remedies under Title 33, Chapter 6, Article 3, including,
but not limited to, those set forth in ARS 33-745? On what basis do the Plaintiffs seek attorneys’
fees from any Defendant other than Southcoast when Plaintiffs are only in privity of contract
with Southcoast?
From a purely procedural point of view, the Court is satisfied that the following
Defendants have been properly served with the Summons and Complaint: Joseph Fait, Lee and
Susan Goldstein, Southcoast Property, LLC, Coast Properties I (limited partnership) and IMI
Investment LLC, and that proper Rule 55(a) Applications for Entry of Default were served and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
07/02/2013
Docket Code 023
Form V000A
Page 3
filed for Joseph Fait, Lee and Susan Goldstein, Southcoast Property, LLC. However, no Rule
55(a) Applications for Entry of Default appear to have been served and filed for the latter two
Defendants, Coast Properties limited partnership and IMI Investment LLC. They were both
served through the Arizona Corporation Commission after diligent efforts were used to find the
whereabouts of an agent who could accept service on their behalf, but for some reason no Rule
55(a) Applications for Entry of Default were served on them through the ACC. In other words,
it appears that the latter two Defendants are not in default.
Finally, because the Complaint seeks non-monetary relief, no default judgment may be
entered without a hearing per Rules of Civil Procedure Rule 55(b).
There may be other issues, but these constitute the low-hanging fruit. Hopefully most of
them will be cured before the Plaintiffs set this matter for a hearing. The remaining ones will be
addressed at the 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.
07/05/2013 — CV2013050075 JOHNSON, MICHAEL O 07/05/2013 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
07/05/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
COAST PROPRTIES 1 LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
LEE E GOLDSTEIN
NO ADDRESS ON RECORD
SUSAN D GOLDSTEIN
NO ADDRESS ON RECORD
I M I INVESTMENT L L C
NO ADDRESS ON RECORD
SOUTHCOAST PROPERTY L L C
NO ADDRESS ON RECORD
COMM. DOODY
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) JOSEPH FAIT, LEE E. GOLDSTEIN AND SUSAN D. GOLDSTEIN,
SOUTHCOAST PROPERTY LLC, IMI INVESTMENT LLC, AND COAST PROPERTIES I
LIMITED PARTNERSHIP in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
07/05/2013
Docket Code 023
Form V000A
Page 2
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Doody.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.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.
09/17/2013 — CV2013050075 JOHNSON, MICHAEL O 09/17/2013 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/19/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
09/17/2013
Docket Code 005
Form J000
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
L. Carlson
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
CIVIL DEFAULT HEARING
Courtroom 105 - NE
1:38 p.m. This is the time set for Civil Default Hearing. Counsel Laura B. Bramnick is
present on behalf of the Plaintiff. Defendants are not present and not represented by counsel.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the proposed form of judgment submitted herein.
For the reasons set forth fully on the record,
IT IS ORDERED granting Default Judgment against the Defendants as set forth on the
record.
IT IS FURTHER ORDERED directing counsel for the Plaintiff to submit a proposed
form of Default Judgment (2) that contains the amendments as set forth in detail in open court
today along with self-addressed stamped envelopes or a messenger service slip to this division
within 10 days hereof for the Court’s approval and signature.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
09/17/2013
Docket Code 005
Form J000
Page 2
2:09 p.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.
10/02/2013 — CV2013050075 JOHNSON, MICHAEL O 10/02/2013 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/03/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-050075
10/02/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
K. Summers
Deputy
MICHAEL O JOHNSON, et al.
LAURA B BRAMNICK
v.
MOUNTAIN VISTA RANCH OWNERS
ASSOCIATION INC, et al.
The Court conducted a Civil Default Hearing on September 17, 2013, at which time the
Court found the Default Judgment against Defendants to be appropriate and preserved the
testimony of the Plaintiff for this hearing.
A formal written order being presented to the Court in conformance with the minute entry
of September 17, 2013.
IT IS ORDERED approving and settling formal written Judgment and Decree of
Foreclosure signed by the Court on September 30, 2013 and filed (entered) by the Clerk on
October 2, 2013.
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.
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.
