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Maricopa County Superior Court Case CV2013-054930: public docket details, parties, minute entries, documents, and official source links for Acacia Homeowners Association.

Case Number

CV2013-054930

County

Maricopa

Caption

Not captured

Filed

11/7/2013

Case Type

Civil

Judge

Cushner, Quintin

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

01/08/2014

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
NO ADDRESS ON RECORD

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

The Court having been advised that the parties have entered into a stipulation regarding
the excess proceeds,

IT IS ORDERED vacating the January 8, 2014 Oral Argument.

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 ***

01/15/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

01/14/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

Having received Applicant, Acacia Homeowners Association’s Application for
Attorney's Fees and Memorandum of Points and Authorities Regarding Distribution of Excess
Proceeds Deposited with Treasurer, filed January 10, 2014,

IT IS ORDERED DENYING the Application without prejudice. The Application does
not contain a China Doll Affidavit.

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 ***

01/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

01/15/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

On January 14, 2014, the Court denied the Acacia Homeowner’s Association Application
(“AHOA”) for reasonable attorneys because it mistakenly believed there was no China Doll
affidavit. The Court previously entered an order granting the AHOA its reasonable attorney’s
fees. Having now reviewed the application and the China Doll Affidavit,

IT IS ORDERED that the Maricopa County Treasurer shall disburse $1000 by and for
reasonable attorney’s fees, pursuant to Ariz. Rev. Stat. Ann. § 33-821(I) out of the excess
proceeds.

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 ***

01/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

01/23/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

IT IS ORDERED DENYING Applicant Acacia Homeowners’ Association’s Motion for
Reconsideration, filed January 20, 2014.

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 ***

02/10/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

02/07/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

Having received (1) Armando Fundora Application for Excess Proceeds filed 11/13/13;
and (2) Agape Adult Care Home Group, LLC’s Application for Excess Proceeds filed 12/2/13,

IT IS ORDERED setting this matter for Oral Argument for March 21, 2014 at 10:30
a.m. for 30 minutes in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.

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 ***

02/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

02/12/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

ORDER SIGNED

IT IS ORDERED approving and settling formal written Order Pursuant to the Stipulation
for Distribution of Excess Proceeds to Acacia Homeowners’ Association as modified and signed
by the Court on February 12, 2014 and filed (entered) by the Clerk on February 12, 2014.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

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 ***

03/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/13/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER
CITS - CCC SPANISH

EVIDENTIARY HEARING RESET
MATTER UNDER ADVISEMENT

Prior to the commencement of the hearing, Defendant Armando Fundora’s Exhibits 1
through 13 were marked for identification.

10:22 a.m. Courtroom 108 NE. This is the time set for Evidentiary Hearing to determine
who the owner was when the initial transfer was made re: Armando Fundora’s Motion For New
Trial, Motion to Amend Judgment pursuant to Rule 59, ARCP, filed June 24, 2014. No one
appears on behalf of Plaintiff. Appearing on behalf of Defendant Armando Fundora is Dean
O’Connor. Appearing on behalf of Defendant Agape Adult Care Home Group is Jon Hultgren.

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

Matters discussed.

10:26 a.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/13/2015

Docket Code 003
Form V000A
Page 2

10:40 a.m. Court reconvenes with respective parties and counsel present.

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

Matters discussed further.

10:44 a.m. Court stands at recess.

10:52 a.m. Court reconvenes with respective parties and counsel present.

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

Matters discussed further.

LET THE RECORD REFLECT that the Court will likely impose attorney’s fees
associated with the cost of this hearing if Armando Fundora gets relief out of the proceeds as a
potential consequence of the late notice of requesting an interpreter.

IT IS ORDERED taking the issue of imposed attorneys’ fees under advisement.

IT IS FURTHER ORDERED resetting today’s Evidentiary Hearing to March 24, 2015
at 1:30 p.m. for 90 minutes in this Division.

LET THE RECORD REFLECT that the Clerk shall retain possession of the exhibits
referenced above.

IT IS FURTHER ORDERED appointing a Spanish Language Interpreter from Court
Interpretation and Translation Services to this case to assist Defendant Armando Fundora with
the Evidentiary Hearing set for March 24, 2015.

11:06 a.m. Matters conclude.

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/21/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON ST 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MATTER UNDER ADVISEMENT

10:28 a.m. Courtroom 108 NE. This is the time set for Oral Argument Re: (1) Armando
Fundora Application for Excess Proceeds filed 11/13/13; and (2) Agape Adult Care Home
Group, LLC’s Application for Excess Proceeds filed 12/2/13. Appearing on behalf of Applicant
Armando Fundora is counsel, Dean W. O’Connor. Appearing on behalf of Applicant Agape
Adult Care Home Group, LLC is counsel, Jon R. Hultgren.

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

Argument is heard.

IT IS ORDERED taking this matter under advisement.

11:00 a.m. Matter concludes.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court

*** Filed ***

03/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/24/2015

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER
CITS - CCC SPANISH

MINUTE ENTRY
MATTER UNDER ADVISEMENT
UNDER ADVISEMENT RULING (AS LATER)
DENYING MOTION FOR NEW TRIAL

Prior to the commencement of the hearing, Applicant Armando Fundora’s Exhibits 1
through 13 were marked for identification.

1:37 p.m. Courtroom 108 NE. This is the time set for Evidentiary Hearing to determine
who is entitled to proceeds deposited with the Treasurer: Armando Fundora’s Motion For New
Trial, Motion to Amend Judgment pursuant to Rule 59, ARCP, filed June 24, 2014. No one
appears on behalf of Plaintiff. Appearing on behalf of Defendant Armando Fundora is Dean
O’Connor. Appearing on behalf of Defendant Agape Adult Care Home Group is Jon Hultgren.
Colleen is present interpreting the proceedings into Spanish on behalf of Armando Fundora.

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

Armando Fundora is sworn and testifies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/24/2015

Docket Code 005
Form V000A
Page 2

2:24 p.m. Court stands at recess.

2:32 p.m. Court reconvenes with respective parties and counsel present.

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

Armando Fundora testifies further.

Applicant Fundora Exhibits 1 through 8 and 11 through 13 are received into evidence.

Closing arguments are presented to the Court.

IT IS ORDERED taking this matter under advisement.

ISSUED: Exhibit Release Form

3:04 p.m. Matters conclude.

FILED: Exhibit Worksheet

LATER:

Pending before the Court is Armando Fundora’s Motion For New Trial, Motion to
Amend Judgment pursuant to Rule 59, ARCP, filed June 24, 2014.

On August 26, 2014, the Court ordered an Evidentiary Hearing on the matter to address
potential equitable and all legal claims that might warrant a new trial. The Court has reviewed
the matter carefully, and the Court has determined that its original judgment which directed that
the funds be distributed to Applicant Agape was the correct decision.

The Court cannot discern from the record which of the warranty deeds (both delivered on
May 4, 2012) was executed first. Indeed, it appears that the warranty deed that was executed on
May 4, 2012, was never in fact delivered to Mr. Fundora at all. In fact, had that deed been
delivered to Mr. Fundora, he could have and presumably would have recorded that deed.

Instead, Mr. Fundora relied on Mr. Hafiz (acting on behalf of Deandra) to record the
deed. He did record the deed on March 28, 2013, some nine months later. By then, the warranty
deed executed in favor of ZK (judgment creditor) had already been recorded.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

03/24/2015

Docket Code 005
Form V000A
Page 3

Thus with respect to ownership, the Court finds that ZK was the title owner of the
property. Although ZK later transferred its interest, by way of quit claim on October 4, 2013, to
Mr. Fundora, Mr. Fundora took that title subject to the judgment lien recorded properly by
Agape. Pursuant to A.R.S. §33-812 (A)(5), Mr. Fundora cannot be paid the proceeds prior to the
“ junior lienholders at the time of the sale.” Legally, therefore, Agape is entitled to the proceeds.

The Court has also reviewed Mr. Fundora’s claim that he became the equitable owner of
the home no later than May 4, 2012 -- and, therefore, the proceeds followed him. Even if the
Court had the authority to recognize an equitable ownership, the Court finds that it would not
attach on May 4, 2012. Mr. Fundora testified that, early on, he was advised that he needed a
deed to protect his interest in the property. Worried that something had gone awry, he demanded
that Hafiz execute a warranty deed but made no effort to ensure that Hafiz deliver that deed to
him.

As of May 4, 2012, therefore, he essentially sat on rights that he knew might have been
suffering harm. Were this Court to balance the equities between Hafiz and Mr. Fundora or ZK
and Mr. Fundora, the Court might well come to a different conclusion. In this case, however,
equity does not require that the proceeds be awarded to Mr. Fundora over an equally innocent
third-party recorded judgment creditor (Agape) who took all reasonable steps to protect its rights
secured under law.

There being no reason at law or in equity to grant relief, the Motion will be denied.

IT IS SO ORDERED.

IT IS FURTHER ORDERED signing this minute entry as the formal order of this Court.

MICHAEL D. GORDON

_____________________________

MICHAEL D. GORDON
JUDGE OF THE SUPERIOR COURT

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Filed ***

04/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

04/07/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY DENYING SANCTIONS

On March 13, 2015, the Court took the issue of imposed attorneys’ fees under
advisement. The Court having issued a final ruling in this case,

IT IS ORDERED that the Court shall not impose sanctions against Armando Fundora for
the late request of a Spanish interpreter.

IT IS FURTHER ORDERED signing this minute entry as the formal order of this Court.

/s/ MICHAEL D. GORDON

_____________________________

MICHAEL D. GORDON
JUDGE OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

04/22/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
MARICOPA COUNTY TREASURER
301 W JEFFERSON #100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

SUPPLEMENTAL MEMORANDUM ORDERED

Pending before the Court are two competing applications for the release of excess
proceeds: (1) Armando Fundora’s (Fundora) Application filed November 11, 2013; and (2)
Agape Adult Care Home Group, LLC’s (Agape) Application filed December 2, 2013.1 The
original complaint was brought against Maricopa County Treasurer, pursuant to Ariz. Rev. Stat.
Ann. § 33-812 (2014).

The Court has reviewed the competing claims. Once having determined that the claims
are otherwise timely, this Court is directed “to issue an order to Maricopa County Treasurer to
release proceeds deposited with the county treasurer after applying the priorities prescribed by
[Ariz. Rev. Stat. Ann. § 33-812(A) (2014].” See Ariz. Rev. Stat. Ann. § 33-812(J) (2014).
Section 33-812(A) directs that such proceeds be paid--- after higher priorities are paid--- to “the

1 On February 12, 2014, the Court released funds to Acacia Homeowner’s Association pursuant to the parties’
stipulation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

04/22/2014

Docket Code 023
Form V000A
Page 2

junior lien holders or encumbrances in order of their priority at the time of the sale.” Ariz. Rev.
Stat. Ann. § 33-812(A)(5) (2014).

Fundora acknowledges that his lien was filed after Agape’s lien,2 and, therefore, it would
ordinarily be deemed a junior lien. Citing to Rotary Club of Tucson v. Ramos,160 Ariz. 362, 773
P.2d 467 (Ariz. Ct. App. 1989), however, Fundora asks the Court to impose an equitable lien on
the proceeds because he was defrauded out of the property from the original seller and he
recorded the deed as soon as practicable.

In Ramos, putative beneficiaries under a Mexican will used the will’s proceeds to pay off
liens on real property that was also devised to these beneficiaries.3 Ramos, 160 Ariz. 362-364,
773 P.2d 467-469. The beneficiaries innocently relied on a Mexican Court’s Judgment that held
that the proceeds belonged to them under the will. Id. The Superior Court refused to
domesticate the Mexican Judgment and instead found other beneficiaries were entitled to the
proceeds. Because these beneficiaries innocently converted the proceeds, the Ramos court
determined that the imposition of an equitable lien on the real property (in the amount of those
converted proceeds) was an appropriate remedy but an equitable trust was not. Id. The Ramos
court looked to the Restatement of Restitution which states:

Where a person converts the property of another without notice of
the facts which make him a converter and being still without such
notice exchanges it for other property, the other is entitled to an
equitable lien upon the property received in exchange to secure his
claim for restitution, but is not entitled to enforce a constructive
See Ramos at id. (quoting the Restatement (First) of Restitution, § 203
(1937)).4
It appears to the Court that Fundora may have an equitable interest in the proceeds. As to
resolving these competing interests, Title 33-812(A) (1-5) directs the Court to pay the “junior
lien holders or encumbrances in order of their priority as they existed at the time of the sale.” See
Ariz. Rev. Stat. Ann. § 33-812(5) (2014).

2Agape is a judgment creditor.
3The dispute focused on the devisees’ competing claims to real property. This Court summarizes the holding,
omitting facts that led to the dispute.
4Notably, the Ramos court refused to impose a constructive trust on the property because the converter did not know
that the disposition was wrongful. Here, however, the converter trustor resold the property to a related entity the
same day it sold it to Fundora. It appears, therefore, that Fundora may have both a constructive trust of the property
and an equitable lien. See Restatement (First) of Restitution, § 202 (1937).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

04/22/2014

Docket Code 023
Form V000A
Page 3

The parties are directed to provide to the Court simultaneous legal memoranda of points
and authorities addressing:
1. Whether Fundora has an equitable lien;
2. If Fundora has an equitable lien, whether the equitable lien is recognized under A.R.S. §
33-812(A)(1-5))2014); and
3. If Fundora has an equitable lien, how the Court should determine priority.
The memoranda shall be filed on May 16, 2014, at noon.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/22/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

05/20/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

UNDER ADVISEMENT RULING

After review of the parties’ supplemental memoranda, and the entire file,

IT IS ORDERED:

 DENYING Armando Fundora’s Application for Release of Excess Proceeds filed
November 11, 2013;
 GRANTING Agape Adult Care Home Group’s LLC’s Application for Release of
Proceeds filed December 2, 2014; and
 DIRECTING Agape Adult Care Home Group to lodge a Form of Final Order no later
than 10 days from the filing of this Minute Entry.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

06/11/2015

Docket Code 099
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER
DOCKET-CIVIL-CCC

ORDER SIGNED

IT IS ORDERED approving and settling formal written Order Allowing Withdrawal of
Counsel of Record signed by the Court on June 10, 2015.

IT IS FURTHER ORDERED that Agape Adult Care Home Group, LLC’s counsel be
withdrawn as counsel of record in the above entitled matter.

Please note: The Court has signed a hard-copy version of the order. After the order has
been scanned and docketed by the Clerk of Court, copies of this order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/28/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

07/24/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

Having received Armando Fundora’s Motion For New Trial, Motion to Amend Judgment
pursuant to Rule 59, ARCP, filed June 24, 2014,

IT IS ORDERED setting this matter for Oral Argument on August 26, 2014, at 9:00
a.m. for 30 minutes in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/27/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

08/26/2014

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
101 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

EVIDENTIARY HEARING SET

9:04 a.m. Courtroom 108 NE. This is the time set for Oral Argument Re: Armando
Fundora’s Motion For New Trial, Motion to Amend Judgment pursuant to Rule 59, ARCP, filed
June 24, 2014. Appearing on behalf of Applicant Armando Fundora is counsel, Dean W.
O’Connor. Appearing on behalf of Applicant Agape Adult Care Home Group, LLC is counsel,
Jon R. Hultgren.

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

Argument is heard.

IT IS ORDERED setting this matter for an Evidentiary Hearing for December 12, 2014,
at 3:00 p.m., for one-and-one-half hours in this Division at Northeast Regional Court Center,
18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032. The purpose of the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

08/26/2014

Docket Code 056
Form V000A
Page 2

Evidentiary Hearing is to determine who the owner was when the initial transfer was made.
Applicant Armando Fundora shall have the burden of proof.

IT IS FURTHER ORDERED:

 Applicant Armando Fundora shall disclose his witness and exhibit lists by
November 12, 2014.

 Applicant Agape Adult Care Home Group, LLC shall disclose its witness and
exhibit lists by December 1, 2014.

 The parties shall submit a Joint Pre-Hearing Statement and their exhibits to this
Division no later than December 5, 2014.

9:48 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/03/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

09/02/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

IT IS ORDERED DENYING Armando Fundora’s Request for Judicial Notice of
Disposition of Proceeds in Case Number CV2012-055110, filed August 25, 2014.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-054930
12/05/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER
v.
CHARLES HOSKINS
CHARLES HOSKINS
NO ADDRESS ON RECORD
JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER
MINUTE ENTRY
Having received Applicant Armando Fundora’s Application for Release of Excess
Proceeds of Sale by Owner, filed November 13, 2013, and Acacia Homeowners’ Association’s
Response to Armando Fundora’s Application for Release of Excess Proceeds of Sale by Owner
and Application for Distribution of Excess Proceeds, filed November 22, 2013,
IT IS ORDERED setting this matter for Oral Argument on January 8, 2014, at 8:30
a.m., for 30 minutes, in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-054930
12/05/2013
Docket Code 094
Form V000A
Page 2

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

12/10/2014

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
NO ADDRESS ON RECORD

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

MINUTE ENTRY

Due to a calendar conflict of counsel,

IT IS ORDERED vacating the January 30, 2015, Evidentiary Hearing and resetting same
on March 13, 2015, at 10:00 a.m. for one-and-one-half hours, in this Division at Northeast
Regional Court Center, 18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-054930

12/10/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

STATEWIDE FORECLOSURE SERVICES INC
DAVID L KNAPPER

v.

CHARLES HOSKINS
CHARLES HOSKINS
301 W JEFFERSON STE 100
PHOENIX AZ 85003

JON R HULTGREN
DEAN W O'CONNOR
EDITH I RUDDER

ORDER SIGNED

IT IS ORDERED approving and settling formal written Order Continuing Evidentiary
Hearing (to January 30, 2015, at 3:00 p.m.) signed by the Court on December 9, 2014, and filed
(entered) by the Clerk on December 10, 2014.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

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