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Maricopa County Superior Court Case CV2014-054790: public docket details, parties, minute entries, documents, and official source links for Sunset Farms Homeowners Association.

Case Number

CV2014-054790

County

Maricopa

Caption

Not captured

Filed

8/29/2014

Case Type

Civil

Judge

Easterday, Jason

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/03/2015

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

CRAIG L ARMSTRONG
JESS A LORONA
RONALD W MEYER
MARICOPA COUNTY TREASURER

MINUTE ENTRY

On the Court’s own motion,

IT IS ORDERED setting a Status Conference on February 19, 2015 at 10:00 a.m. (30
minutes allotted regarding the following applications:

 Application of Yummy Tummy LLC., and Arizona Limited Liability Company,
to the Excess Proceeds from Trustee’s Sale filed September 22, 2014;
 Applicant, Sunset Farms Homeowners Association’s Application for Excess
Proceeds filed October 6, 204; and
 Applicants Hugo and Elvira Mejia’s Application for Release of Excess Proceeds
of Sale by Owner Under A.R.S §33-812 filed October 22, 2014.

Parties are to appear in person before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/03/2015

Docket Code 026
Form V000A
Page 2

THE HONORABLE JUDGE THOMAS LECLAIRE
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
(602) 372-3849

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/19/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

CRAIG L ARMSTRONG
JESS A LORONA
RONALD W MEYER
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Courtroom 112-NE

10:03 a.m. This is the time for a Status Conference for the purpose of addressing the
following competing applications:


Application of Yummy Tummy LLC., and Arizona Limited Liability Company, to
the Excess Proceeds from Trustee’s Sale filed September 22, 2014;

Applicant, Sunset Farms Homeowners Association’s Application for Excess Proceeds
filed October 6, 2014; and

Applicants Hugo and Elvira Mejia’s Application for Release of Excess Proceeds of
Sale by Owner Under A.R.S §33-812 filed October 22, 2014.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/19/2015

Docket Code 019
Form V000A
Page 2

Present on behalf of Yummy Tummy, LLC is counsel, Ronald W. Meyer. Present on behalf
of Sunset Farms Homeowners Association is counsel, Craig Armstrong. Present on behalf of
Applicants Hugo and Elvira Mejia is counsel Jess A. Lorona.

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

Discussion is held.

The Court will treat Sunset Farms Homeowners Associations’ Application for Excess
Proceeds of Sales by Owner as a request for attorneys’ fees and costs.

Applicants, Yummy Tummy LLC and Hugo and Elvira Mejia object to Sunset Farms
Homeowners Association’s Application for Excess Proceeds.

IT IS ORDERED overruling Applicants, Yummy Tummy LLC and Hugo and Elvira
Mejia objections.

IT IS FURTHER ORDERED granting Sunset Farms Homeowners Associations’
Application.

IT IS FURTHER ORDERED awarding Sunset Farms Homeowners Association the as
reasonable attorney’s fees in the amount of $4754.76.

IT IS FURTHER ORDERED approving and settling the formal written Partial Order for
Release of Excess Proceeds of Sale signed by the Court on February 19, 2015 and entered (filed)
by the clerk on February 19, 2015.

Attorney, Craig Armstrong is excused from the courtroom.

Discovery matters are discussed.

IT IS ORDERED that the parties shall file written discovery within ten (10) days and
respond to same within twenty (20) days thereafter.

IT IS FURTHER ORDERED setting this matter for Evidentiary Hearing on May 14,
2015 at 9:00 a.m. (time allotted: 3 hours) in this division before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/19/2015

Docket Code 019
Form V000A
Page 3

THE HONORABLE JUDGE THOMAS LECLAIRE
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
(602) 372-3849

10:40 a.m. Matter concludes.

LATER:

IT IS ORDERED counsel shall deliver any exhibits along with a description of each
exhibit to the division’s clerk for marking no later than May 7, 2015.

GUIDELINES FOR COUNSEL WHEN PREPARING EXHIBITS FOR USE IN COURT

COUNSEL PLEASE READ

Exhibits are due to the Court not later than May 7, 2015.

If Defendant’s exhibits are received prior to Plaintiff’s exhibits, the Clerk may mark them
first with Plaintiff’s exhibits following.

Exhibits will be marked consecutively. If your list refers to an exhibit and it is not
provided at the time of marking, the numbers of all following exhibits will be moved up. The
clerk cannot reserve numbers for exhibits that will be provided at a later date. Exhibits will be
marked as they are received. Do not list “Any and all exhibits listed by ….” Depositions will
not be marked as an exhibit. Original depositions to be used for impeachment purposes shall be
provided to the clerk on the first day of trial/hearing to be hand-filed by the clerk.

****Each multiple page exhibit must be securely fastened together by staple or
other means. If Acco fasteners are used they must be long enough to fasten securely.****

Counsel are to provide a workable list of exhibits. The list should include a description
of each exhibit. (See blank sample of an exhibit table below as a reference.) Do not put
numbers on the exhibits; however a colored slip sheet with the exhibit number on it should be
placed in front of each exhibit.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

02/19/2015

Docket Code 019
Form V000A
Page 4

Exhibit Description Information:

The descriptions should be verifiable when viewing the first page of the exhibit.

No bates stamp references or number of pages in documents should be used.

If counsel are submitting large charts, blow-ups or maps, please include a small version
which can be marked as the exhibit and can go into the jury if in evidence. The blow-ups, charts
and/or maps can be used as demonstrative but will not be marked as exhibits and will be returned
to counsel.

For additional assistance in preparation of exhibits contact the courtroom clerk at 602-
372-7736.

Sample of List of Exhibits to be provided to the courtroom clerk:

EXHIBIT LIST

Exhibit
No.
Identi-
fied By

Description
Stipulated in
Evidence/
Objection

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

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

CV 2014-054790

03/16/2015

Docket Code 088
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

CRAIG L ARMSTRONG
JESS A LORONA
RONALD W MEYER
COMM. REES
MARICOPA COUNTY TREASURER

CASE TRANSFERRED
HEARING RESET

On the Court’s own motion,

IT IS ORDERED transferring this matter to Commissioner Rees for all further
proceedings.

IT IS FURTHER ORDERED vacating the Evidentiary Hearing previously set on May
14, 2015 at 9:00 a.m. before Judge LeClarie and resetting same to May 13, 2015 at 9:00 a.m.
before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

03/16/2015

Docket Code 088
Form V000A
Page 2

Commissioner Rees
Northeast Regional Court Complex
18380 N. 40th Street
Courtroom 105
Phoenix, Arizona 85032

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/08/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

05/07/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
E. Morgenstern

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

CRAIG L ARMSTRONG
JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Pursuant to stipulation of the parties and good cause appearing,

IT IS ORDERED that the hearing currently set for May 13, 2015 in the above-captioned
matter is vacated and reset for a Status Conference to July 7, 2015 at 10:00 a.m., all as set forth
in formal written Order signed by the Court on May 5, 2015, and filed (entered) with the clerk on
May 7, 2015.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

07/07/2015

Docket Code 002
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

MINUTE ENTRY

This is the time set for Status Conference regarding the Application for Release of Excess
Proceeds of Sale by Owner Under A.R.S. 33-812 filed by Applicants Hugo and Elvira Mejia on
October 22, 2014; and the Application for Excess Proceeds filed by Plaintiff on October 6, 2014.

No one appearing,

IT IS ORDERED vacating the status conference set this date.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/29/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

07/28/2015

Docket Code 094
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

ORAL ARGUMENT SET

The Court having received a Motion for Summary Judgment by Applicant Yummy
Tummy, L.L.C. filed on July 22, 2015; Application for Release of Excess Proceeds of Sale by
Owner Under A.R.S. 33-812 filed on October 22, 2014; and Application for Excess Proceeds
filed by Plaintiff on October 6, 2014,

IT IS ORDERED setting these matters for Oral Argument on September 15, 2015, at
10:30 a.m., before Commissioner Brian Rees. The hearing will be held at the following
location:

Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th Street
Courtroom 105
Phoenix, Arizona 85032

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

07/28/2015

Docket Code 094
Form J000
Page 2

If an agreement is reached before the hearing, the parties are directed to file a stipulated
motion immediately, provide a filed-stamped copy with formal orders and self-addressed
stamped envelopes to this division, and notify the Judicial Assistant immediately at (602) 372-
3131.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/31/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

08/28/2015

Docket Code 095
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

CRAIG L ARMSTRONG
JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

ORAL ARGUMENT RESET

The Court having received the “Joint Motion and Stipulation to Continue Oral Argument
on Motion for Summary Judgment Filed by Applicant Yummy Tummy, LLC” filed on August
21, 2015, good cause appearing,

IT IS ORDERED granting said Motion.

IT IS FURTHER ORDERED vacating Oral Argument set September 15, 2015, and
resetting same to October 20, 2015, at 10:30 a.m.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/21/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

10/20/2015

Docket Code 005
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Courtroom 105-NE

10:32 a.m. This is the time set for Hearing/Oral Argument regarding the Motion for
Summary Judgment by Applicant Yummy Tummy, L.L.C. filed on July 22, 2015; Mejia’s Cross
Motion for Summary Judgment filed on August 26, 2015; and competing Applications for
Release of Excess Proceeds. Counsel Tyler Swensen, appearing for counsel Dennis Wilenchik, is
present on behalf of Applicant Yummy Tummy, L.L.C. Counsel Ian Wyer, appearing for counsel
Jess Lorona, is present on behalf of Applicants Hugo and Elvira Mejia.

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

Argument is presented.

Based on the information presented and the arguments of counsel presented herein,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

10/20/2015

Docket Code 005
Form J000
Page 2

IT IS ORDERED granting judgment in favor of Applicant Yummy Tummy L.L.C. and
against Hugo and Elvira Mejia.

IT IS FURTHER ORDERED directing counsel Swensen to submit a form of judgment
for the Court’s approval and signature within 10 days of this date.

11:08 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/29/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

10/28/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
M. MINKOW

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

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

CRAIG L ARMSTRONG
JESS A LORONA
RONALD W MEYER

MINUTE ENTRY

The Court is in receipt of Application for Release of Excess Proceeds of Sale by
Owner Under A.R.S. § 33-812, filed by Applicants Hugo and Elvira Mejia on October
22, 2014,
IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

10/28/2014

Docket Code 023
Form V000A
Page 2

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-054790

11/05/2015

Docket Code 022
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

WESTERN REGIONAL FORECLOSURES L L
C
DAVID L KNAPPER

v.

CHARLES HOSKINS

JESS A LORONA
DENNIS I WILENCHIK
MARICOPA COUNTY TREASURER

ORDER SIGNED

The Court conducted a hearing on October 20, 2015, regarding the Motion for Summary
Judgment by Applicant Yummy Tummy, L.L.C.; Mejia’s Cross Motion for Summary Judgment;
and competing Applications for Release of Excess Proceeds and directed counsel for Applicant
Yummy Tummy L.L.C. to submit a formal written order for the Court’s approval and signature.

Formal written order being presented to the Court in conformance with the minute entry
of October 20, 2015,

IT IS ORDERED approving and settling the formal written Judgment and Order for
Release of Excess Proceeds of Sale signed by the Court on November 3, 2015, and filed
(entered) by the Clerk on November 5, 2015.

Documents