Holding HOA Boards, Attorneys, and Management Companies Accountable
Maricopa County Superior Court Case CV2014-091592
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Maricopa County Superior Court Case CV2014-091592: public docket details, parties, minute entries, documents, and official source links for Maxwell And Morgan P C.
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/05/2015
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
P.O. BOX 5565
SUN CITY AZ 85376
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
CHAD M GALLACHER
JUDGMENT ENTERED
The Court has received and reviewed a Notice of Lodging Proposed Form of Judgment as
to Defendants Chad Gallacher, Nicole Gallacher and Maxwell & Morgan, P.C. Only
electronically filed on November 21, 2014 in this case.
IT IS ORDERED approving and settling the formal written Judgment against Anthony
Camboni, et al. signed by the Court January 5, 2015 and filed (entered) by the clerk on January
5, 2015.
Please note: The Court has signed a hard-copy version of the judgment provided with an
electronically filed pleading. Therefore, copies of the judgment 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/05/2015
Docket Code 049
Form V000A
Page 2
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
FILED: Rule 54(b) Judgment of Dismissal with Prejudice as to Defendants Chad Gallacher,
Nicole Gallacher and Maxwell & Morgan, P.C., signed 1/5/2015
01/05/2015 — CV2014091592 CAMBONI, ANTHONY 01/05/2015 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/05/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
P.O. BOX 5565
SUN CITY AZ 85376
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
CHAD M GALLACHER
MINUTE ENTRY
On December 19, 2014, Plaintiff Camboni filed a “Motion for Enlargement” (“Motion”).
The Court makes note of the following:
The “Motion” seeks extensions of deadlines regarding Plaintiff Camboni, Plaintiff
Chaboudy, and Plaintiff You’ve Got Better Things to do, Inc. (“YGBTTD”).
The “Motion” is signed only by Plaintiff Camboni.
The “Motion” is not signed by Plaintiff Chaboudy or by an attorney authorized to
practice law in Arizona.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/05/2015
Docket Code 019
Form V000A
Page 2
The Court finds that the “Motion” does not show adequate cause for the requested
extensions.
Under the circumstances, to the extent the “Motion” seeks extensions for Plaintiffs
Chaboudy and YGBTTD,
IT IS ORDERED striking the “Motion for Enlargement”.
Under the circumstances, including but not limited to those discussed above,
IT IS ORDERED denying Plaintiff Camboni’s “Motion for Enlargement”. 1
1 Had the Court addressed the merits of the requests for extensions for Plaintiff Chaboudy and Plaintiff YGBTTD,
the Court would have denied those requests.
01/08/2016 — CV2014091592 CAMBONI, ANTHONY 01/08/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/08/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
YOUVE GOT BETTER THINGS TO DO
INC
PO BOX 5565
SUN CITY AZ 85376
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
RULING
By Application dated December 24, 2015, the Plaintiffs have asked this Court to enter
final order language per Rule 54(C) to Judge Aceto’s Order dated February 23, 2015, dismissing
certain Defendants. The Court of Appeals has entered a stay of the appeal of that order to enable
this Court to consider whether Rule 54(C) language is appropriate.
In reviewing Judge Aceto’s order of February 23, 2015, Judge Aceto added the following
handwritten sentence to the order and signed it:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/08/2016
Docket Code 019
Form V000A
Page 2
“No further matters remain pending and this order is in essence a
judgment. This order/judgment is entered pursuant to Rule 54(C).”
From the foregoing, it appears the Court of Appeals is mistaken in requesting another
judgment containing the same Rule 54(C) language.
01/09/2015 — CV2014091592 CAMBONI, ANTHONY 01/09/2015 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/09/2015
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
P.O. BOX 5565
SUN CITY AZ 85376
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
CASSIDI KATE KLINGLER
NO ADDRESS ON RECORD
MINUTE ENTRY
On December 11, 2014, Defendants filed a “Motion to Dismiss”.1 Plaintiffs have not
filed the required answering memorandum and the Court deems Plaintiffs’ failure to do so as
consent to the granting of the motion. Additionally, the “Motion to Dismiss” is meritorious. For
these reasons,
1 This “Motion to Dismiss” was filed by all Defendants other than the Maxwell and Morgan Defendants. Judgment
of Dismissal regarding Plaintiffs’ claims against the Maxwell and Morgan Defendants was previously entered.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
01/09/2015
Docket Code 375
Form V000A
Page 2
IT IS ORDERED granting Defendant’s “Motion to Dismiss”.
IT IS ORDERED placing all remaining claims on the dismissal calendar for dismissal
on February 9, 2015. Unless a proposed form of judgment is submitted before that date, all
remaining unadjudicated claims will be dismissed without further notice.
02/23/2015 — CV2014091592 CAMBONI, ANTHONY 02/23/2015 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
02/23/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
P.O. BOX 5565
SUN CITY AZ 85376
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
CASSIDI KATE KLINGLER
NO ADDRESS ON RECORD
MINUTE ENTRY
On February 2, 2015, Plaintiff Camboni filed a document entitled “Advise to Court”. On
page 9 of this document, Plaintiff Camboni made a number of requests. First, Plaintiff Camboni
requested that the Court “receive” his “Advise to Court”.
IT IS ORDERED granting this request. More specifically, this document has been filed
and reviewed by the Court. That said,
IT IS ORDERED denying all other requests set out in the above-identified pleading.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
02/23/2015
Docket Code 019
Form V000A
Page 2
FINAL ORDER
On February 23, 2015, the Court signed an Order that resolves this case in its entirety.
The Court directs the clerk to forthwith enter this Order.
FILED: Order, signed 2/23/15 (with edits)
06/04/2014 — CV2014091592 CAMBONI, ANTHONY 06/04/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
06/04/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Kay
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
1509 W SADDLE BUTTE
APACHE JUNCTION AZ 85120
v.
GOLDEN HILLS H O A, et al.
GOLDEN HILLS H O A
NO ADDRESS ON RECORD
JOHN BAROLDY
NO ADDRESS ON RECORD
ANGIE BAROLDY
NO ADDRESS ON RECORD
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
JANA BRANDT
C/O HEYWOOD REALTY
42 S HAMILTON PL, STE 101
GILBERT AZ 85233
ADAM BRANDT
C/O HEYWOOD REALTY
42 S HAMILTON PL, STE 101
GILBERT AZ 85233
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
LOU DISSETTE
NO ADDRESS ON RECORD
MARCUS KLINGLER
C/O HEYWOOD REALTY
42 S HAMILTON PL, STE 101
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
06/04/2014
Docket Code 023
Form V000A
Page 2
GILBERT AZ 85233
HEYWOOD REALTY
42 S HAMILTON PL, STE 101
GILBERT AZ 85233
MINUTE ENTRY
Pursuant to a request filed on May 14, 2014,
IT IS ORDERED extending the deadline for service to September 11, 2014. Unless
service is accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.
IT IS FURTHER ORDERED that this minute entry is signed as the formal written
Order of this Court.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
07/31/2014 — CV2014091592 CAMBONI, ANTHONY 07/31/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/04/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
07/31/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
1437 W. SADDLE BUTTE
APACHE JUNCTION AZ 85210
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
ANGIE BAROLDY
NO ADDRESS ON RECORD
JOHN BAROLDY
NO ADDRESS ON RECORD
YOUVE GOT BETTER THINGS TO DO
INC
1437 W SADDLE BUTTE
APACHE JUNCTION AZ 85120
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
LOU DISSETTE
NO ADDRESS ON RECORD
MINUTE ENTRY
The Court makes note of the following:
Plaintiffs filed their Complaint on January 14, 2014.
On June 4, 2014, pursuant to Plaintiffs’ request, the Court extended the deadline
for service to September 11, 2014.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
07/31/2014
Docket Code 019
Form V000A
Page 2
One of the Plaintiffs is “You’ve Got Better Things to Do, Inc.” Because it is a
corporation, this Plaintiff may properly file pleadings and participate in court
proceedings only through an attorney licensed to practice law in the State of
Arizona.
To date, no attorney has appeared on behalf Plaintiffs.
Parties who are not represented by an attorney are charged with responsibility for
knowing the law.
On July 1, 2014, Defendants Heywood Realty, Marcus Klingler, Jana Brandt, and
Adam Brandt (“Defendants”) filed a “Motion to Dismiss”. Among other things,
through this motion, Defendants gave Plaintiffs specific notice that the corporate
Plaintiff could appear in court only if represented by an attorney.
Under the circumstances,
IT IS ORDERED denying without prejudice the “Motion to Dismiss” filed by
Defendants on July 1, 2014.
On July 11, 2014, Plaintiffs filed a “Motion for Enlargement Concerning…Motion to
Dismiss”. As the “Motion to Dismiss” has been denied, Plaintiffs’ “Motion for Enlargement” is
denied as moot.
On July 11, 2014, Plaintiffs filed a “Motion for Opportunity to retain professional
counsel”. Through this motion, Plaintiffs request (1) an opportunity to retain a licensed attorney
and (2) an opportunity to file an amended Complaint. Under the circumstances,
IT IS ORDERED denying Plaintiffs’ “Motion for Opportunity”. That said, Plaintiffs
have had and continue to have the right to retain an attorney. Further, to the extent authorized by
the Rules, Plaintiffs also have had the right to file an amended Complaint or a motion for leave
to amend.
On July 11, 2014, Plaintiffs filed a “Motion to Amend Service of Process”. Pursuant to
this motion,
IT IS ORDERED extending the deadline for service to September 30, 2014.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
07/31/2014
Docket Code 019
Form V000A
Page 3
By September 30, 2014, this case will be over 8 months old and Plaintiffs will have had a
full and fair opportunity to (1) retain an attorney and (2) accomplish service on Defendants.
Under the circumstances, the Court makes note of the following:
It is quite unlikely that the deadline for service in this case will be further
extended.
Time is clearly of the essence regarding efforts by Plaintiffs to retain counsel.
The Court does not expect that it will further delay the progression of this case to
allow Plaintiffs more time to retain counsel.
Unless service is accomplished and proof of service is filed by September 30,
2014, all claims against unserved Defendants will be dismissed without further
notice.
On Court’s own motion,
IT IS ORDERED extending the deadline for the filing of a responsive pleading to
Plaintiffs’ Complaint by the above listed Defendants to October 20, 2014.
09/23/2014 — CV2014091592 CAMBONI, ANTHONY 09/23/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
09/23/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
1437 W. SADDLE BUTTE
APACHE JUNCTION AZ 85210
v.
GOLDEN HILLS H O A, et al.
GOLDEN HILLS H O A
C/O HEYWOOD REALTY
42 S. HAMILTON PL., STE 101
GILBERT AZ 85206
ANGIE BAROLDY
C/O HEYWOOD REALTY
42 S. HAMILTON PL, STE. 101
GILBERT AZ 85206
JOHN BAROLDY
C/O HEYWOOD REALTY
42 S. HAMILTON PL., STE. 101
GILBERT AZ 85206
YOUVE GOT BETTER THINGS TO DO
INC
1437 W. SADDLE BUTTE
APACHE JUNCTION AZ 85120
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
LOU DISSETTE
C/O HEYWOOD REALTY
42 S. HAMILTON PL., STE. 101
GILBERT AZ 85206
PEGGY DISSETTE
C/O HEYWOOD REALTY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
09/23/2014
Docket Code 023
Form V000A
Page 2
42 S. HAMILTON PL., STE. 101
GILBERT AZ 85206
CHAD GALLACHER
4854 E. BASELINE ROAD
SUITE 104
MESA AZ 85206
MAXWELL AND MORGAN P C
PIERPONT COMMERCE CENTER
4854 E. BASELINE RD., STE. 104
MESA AZ 85206
JONAH E RAPPAZZO
MINUTE ENTRY
The Court makes note of the following:
Plaintiffs filed their original Complaint on January 17, 2014.
Through a Minute Entry dated June 4, 2014, pursuant to a request filed by
Plaintiffs, the Court extended the service deadline to September 11, 2014.
Through a Minute Entry dated July 31, 2014, on Court’s own motion, the Court
extended the service deadline to September 30, 2014.
On September 10, 2014, Plaintiffs filed a “Respectful Demand for Enlargement”.
Through this pleading, Plaintiffs request a further extension of the service
deadline. In that pleading, Plaintiffs reported that they “believe” service of
process will be complete by September 30, 2014.
Under the circumstances,
IT IS ORDERED denying any request by Plaintiffs to extend the service deadline
beyond September 30, 2014.
10/21/2014 — CV2014091592 CAMBONI, ANTHONY 10/21/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
10/21/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
GOLDEN HILLS H O A
NO ADDRESS ON RECORD
ANGIE BAROLDY
NO ADDRESS ON RECORD
JOHN BAROLDY
NO ADDRESS ON RECORD
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
LOU DISSETTE
NO ADDRESS ON RECORD
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
CASSIDI KATE KLINGLER
NO ADDRESS ON RECORD
JONAH E RAPPAZZO
MINUTE ENTRY
EXTENSION OF DEADLINE FOR RESPONSE TO MOTION TO DISMISS
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
10/21/2014
Docket Code 019
Form V000A
Page 2
Certain Defendants filed a “Motion to Dismiss” on October 6, 2014. On Court’s own
motion,
IT IS ORDERED extending the deadline for Plaintiffs’ response to this “Motion to
Dismiss” to October 31, 2014.
A NON-LAWYER MAY REPRESENT ONLY HIMSELF
On October 16, 2014, a “Motion for Enlargement” was filed. This motion was
purportedly filed on behalf of all Plaintiffs, although it was signed only by Plaintiff Camboni.
The above-ruling renders moot the “Motion for Enlargement”. That said, the Court
makes note of the following:
A party may be represented in Court only by himself or herself or by an attorney
authorized to practice law in Arizona. For example, Plaintiff Camboni may not
represent any other Plaintiffs in this case. For example, Plaintiff Camboni may
not represent Plaintiff Shannon Chaboudy. For example, Plaintiff Camboni may
not make arguments, file pleadings, or appear in court on behalf of any Plaintiff
other than himself.
A pleading purportedly filed on behalf of a party has no legal significance unless
it is signed by that party or by an attorney authorized to practice law in Arizona.
For example, a pleading purportedly filed on behalf of Plaintiff Chaboudy but not
signed by Plaintiff Chaboudy would be subject to being stricken from the record.
10/30/2014 — CV2014091592 CAMBONI, ANTHONY 10/30/2014 HON. JOHN REA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
10/30/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
C. Keller
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
GOLDEN HILLS H O A
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
CHAD M GALLACHER
JONAH E RAPPAZZO
JUDGE ACETO
RULING
The motion for change of judge filed by King, Ambassador Anthony Camboni, Esq.,
challenging Judge Mark Aceto has been referred to the Civil Presiding Judge for decision. The
motion refers to Judge Aceto’s membership in the State Bar of Arizona and the use of the
honoric “Honorable”. These are frivolous grounds for change of judge.
IT IS ORDERED the Motion for Change of Judge is denied.
11/19/2014 — CV2014091592 CAMBONI, ANTHONY 11/19/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/19/2014
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
CHAD M GALLACHER
MINUTE ENTRY
MOTION TO DISMISS OF MAXWELL & MORGAN DEFENDANTS
In this Minute Entry, the Court will refer to Chad Gallacher, Nicole Gallacher, and
Maxwell & Morgan as “Defendants” or as the “Maxwell & Morgan Defendants”. On October 6,
2014, these Defendants filed a “Motion to Dismiss”. The Court has reviewed the pleadings.
Pursuant to Rule 7.1, the Court declines to schedule oral argument.
The Court makes note of the following:
As to the Maxwell & Morgan Defendants, Plaintiffs’ “First Amended Complaint”
fails to state a claim upon which relief can be granted.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/19/2014
Docket Code 375
Form V000A
Page 2
A second and independent reason justifies dismissal of the claims of You’ve Got
Better Things To Do, Inc. (“YGBTTD”). Specifically, YGBTTD is a corporation.
A corporation may appear in Superior Court in Arizona only through an attorney
authorized to practice law in Arizona. An attorney authorized to practice law in
Arizona has never appeared in this case on behalf of YGBTTD. For example,
Plaintiffs’ “First Amended Complaint” is not signed by an attorney authorized to
practice law in Arizona.
Under the circumstances,
IT IS ORDERED granting the “Motion to Dismiss” of the Maxwell & Morgan
Defendants. Further,
IT IS ORDERED placing all claims against the Maxwell & Morgan Defendants on the
Inactive Calendar for dismissal on December 22, 2014. Unless a proposed form of judgment is
submitted before that date, all claims against those Defendants will be dismissed without further
notice.
11/19/2014 — CV2014091592 CAMBONI, ANTHONY 11/19/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/19/2014
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
CHAD M GALLACHER
DOCKET-CIVIL-SE
MINUTE ENTRY
Defendants in this case include Heywood Realty & Investment, Inc., Golden Hills
Homeowners’ Association, Marcus Klingler, Cassidi Klingler, Adam Brandt, Jana Brandt, John
Baroldy, Angie Baroldy, Lou Dissette, and Peggy Dissette. In this Minute Entry the Court will
refer to this group collectively as “Defendants”.
On October 14, 2014, Defendants filed a “Motion to Dismiss Plaintiffs’ First Amended
Complaint”. The Court has reviewed the pleadings. Pursuant to Rule 7.1, the Court declines to
schedule oral argument.
FIRST AMENDED COMPLAINT
The Court makes note of the following:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/19/2014
Docket Code 079
Form V000A
Page 2
Plaintiffs filed their original Complaint on January 14, 2014.
On July 1, 2014, Defendants filed a “Motion to Dismiss”.
Rule 15 establishes the deadline for filing an amended complaint without leave of
Court. In this case, the deadline for filing an amended complaint without leave of
Court was July 21, 2014 (i.e. the date on which Plaintiffs’ response to
Defendants’ “Motion to Dismiss” was due).
Plaintiffs did not file their “First Amended Complaint” until September 11, 2014.
Plaintiffs did not obtain leave of Court before filing their “First Amended
Complaint”.
Under the circumstances,
IT IS ORDERED striking Plaintiffs’ “First Amended Complaint” as to the above-named
Defendants.
CLAIMS OF YGBTTD
One of the Plaintiffs in this case is You’ve Got Better Things To Do, Inc. (“YGBTTD”).
Regarding the claims of this Plaintiff, the Court makes note of the following:
YGBTTD is a corporation.
A corporation may appear in Arizona Superior Court only through an attorney
authorized to practice law in Arizona. Ramada Inns, Inc. v. Lane & Bird
Advertising, Inc., 102 Ariz. 127 (1967). Thus, unless represented by an attorney
authorized to practice law in Arizona, a corporation may not file pleadings in this
Court.
YGBTTD has never been represented by an attorney in this case. For example, an
attorney did not sign the “Complaint” filed on January 14, 2014.
Given all of the circumstances, including but not limited to those discussed above,
IT IS ORDERED dismissing all claims of YGBTTD against the moving Defendants.
REMAINING CLAIMS
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/19/2014
Docket Code 079
Form V000A
Page 3
The Complaint filed on January 14, 2014 appears to have been signed by both Plaintiff
Camboni and Plaintiff Chaboudy. In the pending “Motion to Dismiss Plaintiffs’ First Amended
Complaint”, Defendants have not attacked the sufficiency of the Complaint filed on January 14,
2014. Under the circumstances,
IT IS ORDERED establishing December 11, 2014 to be the deadline for Defendants to
file either an answer or some other responsive pleading regarding the claims asserted therein by
the remaining Plaintiffs.
11/24/2014 — CV2014091592 CAMBONI, ANTHONY 11/24/2014 HON. MARK F. ACETO View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/26/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/24/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
JONAH E RAPPAZZO
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
CASSIDI KATE KLINGLER
NO ADDRESS ON RECORD
MINUTE ENTRY
On November 20, 2014, Plaintiff King, Ambassador Anthony Camboni, Esq. (“Plaintiff
Camboni”) filed a “Motion for Enlargement”. Through this motion, Plaintiff asks the Court to
extend to Plaintiff Camboni 30 days to respond to replies filed by Defendants in support of their
motions to dismiss. There is no right to respond to a reply. Given all of the circumstances,
including but not limited to the reason discussed above,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
11/24/2014
Docket Code 019
Form V000A
Page 2
IT IS ORDERED denying the relief requested in Plaintiff Camboni’s “Motion for
Enlargement”.1
1 Defendants must certainly send copies of all pleadings to any Plaintiff actively involved in the case. That said, the
Court notes that Plaintiff Camboni continues to unnecessarily insert confusion into this case. Plaintiff Camboni has
clearly been advised that Arizona law does not allow him to represent the other Plaintiffs in this case. Still, Plaintiff
Camboni continues to claim that he represents the other Plaintiffs. For example, on October 15, 2014, Plaintiff
Camboni filed regarding his address a “Notice of Change of Address”. Among other things, in the pending “Motion
for Enlargement”, Plaintiff Camboni suggests that Defendants must send copies of pleadings to the other Plaintiffs
through Plaintiff Camboni at his current address.
12/15/2015 — CV2014091592 CAMBONI, ANTHONY 12/15/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-091592
12/15/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
ANTHONY CAMBONI, et al.
ANTHONY CAMBONI
PO BOX 5565
SUN CITY WEST AZ 85376
v.
GOLDEN HILLS H O A, et al.
YOUVE GOT BETTER THINGS TO DO
INC
NO ADDRESS ON RECORD
SHANNON CHABOUDY
12910 W RINCON DR
SUN CITY WEST AZ 85375
PEGGY DISSETTE
NO ADDRESS ON RECORD
CHAD M GALLACHER
MINUTE ENTRY
The Court is in receipt of Plaintiffs’/Appellants Application for a Signed Order with a
Certification of Finality, Pursuant to Rule 54(C) filed on November 30, 2015, that the Court cannot
consider because there is no indication on the application that a copy has been mailed to all
opposing/interested parties/counsel, as required by Rule 5(a), Arizona Rules of Civil
Procedure. The Court cannot consider ex parte communications.
IT IS THEREFORE ORDERED rejecting Plaintiffs’/Appellants Application for a Signed
Order with a Certification of Finality, Pursuant to Rule 54(C), with no action taken.
In addition, the Motion contains no information as to why Rule 54(C) language is
appropriate.
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CV2014091592 CAMBONI, ANTHONY 01/05/2015 HON. MARK F. ACETO View Minute Entry