01/06/2016 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 01/06/2016 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
01/06/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
ALTERNATIVE DISPUTE
RESOLUTION - CCC
REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR)
IT IS ORDERED approving/granting the Joint Scheduling Report electronically filed on
December 22, 2016.
Pursuant to the Scheduling Order,
IT IS ORDERED setting a telephonic Trial Setting Conference on July 1, 2016 at 9:00
a.m. . Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and
contacting this division at 602-506-4164.
At the request of the parties,
IT IS ORDERED this case is referred to the Court’s Alternative Dispute Resolution
Office for the appointment of a Judge Pro Tempore to conduct a settlement conference. Counsel
and/or the parties will receive a minute entry from ADR appointing the Judge Pro Tempore.
Counsel and any “pro per” parties will contact the appointed Judge Pro Tempore to arrange the
date, time and location for the settlement conference. The Judge Pro Tempore is requested to
conduct a settlement conference not later than April 5, 2016. The Office of Alternative Dispute
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
01/06/2016
Docket Code 023
Form V000A
Page 2
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle this case, shall personally appear and participate in good faith in this settlement
conference even if no settlement is expected.
04/12/2017 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 04/12/2017 HON. DANIEL G. MARTIN View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/18/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
04/12/2017
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. DANIEL G. MARTIN
J. Eaton
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
MCDOWELL MOUNTAIN JUSTICE
COURT
JUDGMENT SIGNED
Lower Court Case No. CC2014-179942.
IT IS ORDERED approving and settling formal written Judgment in favor of Plaintiff
and against Defendant signed by the Court on April 11, 2017 and filed (entered) by the Clerk on
April 12, 2017.
06/01/2015 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 06/01/2015 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/03/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
06/01/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
S. Brown
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
MINUTE ENTRY
The Court has considered the Renewed Motion to Strike Defendant Cambridge Estates
Homeowners’ Association’s Answer to Complaint and Counterclaim and in the Alternative
Motion to Dismiss filed March 26, 2015, the Response, filed April 14, 2015, and the Reply, filed
April 27, 2015.
The Management Trust renews its Motion to Strike, previously filed in the Justice Court,
because the Association’s pleadings were not signed by either a licensed attorney or an officer or
director of the Association so authorized. The Court finds this issue to be moot, now that an
attorney is representing the Association in this Court, and has affirmed the statements set forth in
the Answer and Counterclaim. (See Response at 3.)
The Management Trust also seeks dismissal of the Counterclaim for failure to state a
claim upon which relief can be granted. A motion to dismiss for failure to state a claim is
disfavored, and should be granted only when it appears certain that the non-movant would not be
entitled to relief under any state of the facts susceptible to proof. Fid. Sec. Life Ins. Co. v. State
Dep’t of Ins., 191 Ariz. 222, 224, ¶ 4, 954 P.2d 580, 582 (1998). In considering such a motion,
the Court must assume all the material allegations of the complaint to be true. Turley v.
Ethington, 213 Ariz. 640, 642, ¶ 2, 146 P.3d 1282, 1284 (App. 2006). The question presented by
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
06/01/2015
Docket Code 019
Form V000A
Page 2
a motion to dismiss for failure to state a claim is whether facts alleged in a complaint are
sufficient to allow a plaintiff to attempt to prove its case. Coleman v. City of Mesa, 230 Ariz.
352, 363, ¶46, 284 P.3d 863, 874 (2012).
Given the standards cited above, and the allegations set forth in the Complaint, the Court
finds that the Association has alleged facts sufficient to allow it to attempt to prove its case.
For the foregoing reasons,
IT IS ORDERED denying the Motion to Strike.
IT IS FURTHER ORDERED denying the Motion to Dismiss.
07/01/2016 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 07/01/2016 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/08/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
07/01/2016
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
D Arrieta
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
MINUTE ENTRY
Courtroom 412 (ECB)
9:03 a.m. This is the time set for a Telephonic Pre-Trial Status/Scheduling Conference.
Plaintiff/Counterdefendant, Management Trust Inc., is represented telephonically by counsel,
Mark Bainbridge. Defendant/Counterclaimant, Cambridge Estates Homeowners Association is
represented telephonically by counsel, Sean Cannon.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held with the Court regarding the status of the case.
Discussion is held regarding Plaintiff/Counterdefendant's Motion for Summary
Judgment, filed on June 17, 2016. Once the Motion for Summary Judgement is fully briefed, an
oral argument will be set. Trial will be set after the Court rules on the Motion for Summary
Judgment, if necessary.
Note: Judge Daniel Martin will be assuming this calendar beginning on August 1, 2016:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
07/01/2016
Docket Code 029
Form V000A
Page 2
Honorable Daniel Martin
101 W. Jefferson, East Court Building, Suite 412
Phoenix, AZ 85003
(602) 372-2925
9:05 a.m. Matter concludes.
09/13/2016 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 09/13/2016 HON. DANIEL G. MARTIN View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
09/13/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. DANIEL G. MARTIN
T. DeRaddo
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
ORAL ARGUMENT SET
The Court has received and considered the briefing on Plaintiff/Counterdefendant’s
Motion for Summary Judgment, filed on June 17, 2016.
IT IS ORDERED setting Oral Argument on November 18, 2016 at 10 a.m. (Time
allotted: 45 minutes) in this division.
Honorable Daniel G. Martin
101 W. Jefferson, East Court Building, Suite 412
Phoenix, 85003
(602) 372-2925
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Should you want an unofficial copy of the proceedings, the parties or counsel
may request a videotape or CD of the proceedings for a $30.00 charge. If a CD or videotape is
requested, please obtain a form from the Self Service Center to request a daily copy of a court
hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service Center.
Attach the receipt showing payment of the fee and present both the receipt and the form to the
courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
09/13/2016
Docket Code 094
Form V000A
Page 2
please call Electronic Records Services at 602-506-7100. Should an official transcript be
required, you may request that the court prepare it. The party ordering the transcript must pay
for it. To request a transcript, call 602-506-7100 and provide the date of the proceeding, the case
number, the case caption, if the transcript is for an appeal, and your name, address, and telephone
number.
NOTE: Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the
party must submit a written request to the assigned judicial officer at least ten (10) judicial days
in advance of the hearing, and must pay the authorized fee to the Clerk of the Court at least two
(2) judicial days before the proceeding. The fee is $140 for a half-day and $280 for a full day.
Failure to timely request a court reporter will be deemed consent to proceed without a
court reporter.
IF ANY ISSUES IN THE MOTION RELATE TO DISCOVERY PROBLEMS,
COUNSEL SHALL CONFER TO ATTEMPT TO RESOLVE THEIR DIFFERENCES OR TO
REDUCE THE AREAS OF DISPUTE. COUNSEL ARE REMINDED THAT THE COURT
WILL LIKELY IMPOSE SANCTIONS AGAINST THE LOSING PARTY IN ACCORDANCE
WITH RULE 37(a)(4), RULES OF CIVIL PROCEDURE.
IT IS FURTHER ORDERED:
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1 (b), A.R.C.P.
No agreement by the parties to modify the pleading schedule will be honored by the
Court unless the Court is notified and approves the parties’ agreement. Any such agreement
will not change the argument date without a court Order and will, in any event, require that all
motions are fully briefed and at issue not later than one full week before the argument date.
11/18/2016 — CV2015002581 HOMEOWNERS ASSOCIATION, CAMBRIDGE ESTATES 11/18/2016 HON. DANIEL G. MARTIN View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
11/18/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. DANIEL G. MARTIN
J. Eaton
Deputy
MANAGEMENT TRUST INC, THE
MARK BAINBRIDGE
v.
CAMBRIDGE ESTATES HOMEOWNERS
ASSOCIATION
SEAN CANNON
MCDOWELL MOUNTAIN JUSTICE
COURT
MINUTE ENTRY
East Court Building – Courtroom 412
Lower Court Case No. CC2014–179942
10:01 a.m. This is the time set for oral argument on Plaintiff/Counterdefendant’s Motion
for Summary Judgment, filed June 17, 2016. Plaintiff is represented by Mark Bainbridge.
Defendant is represented by Sean Cannon.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
Arguments are presented to the Court.
10:34 a.m. Court stands at recess.
10:48 a.m. Court reconvenes with counsel present.
A record of the proceedings is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-002581
11/18/2016
Docket Code 005
Form V000A
Page 2
The Court has considered the arguments presented by counsel, and makes its findings on
the record.
Regarding Plaintiff/Counterdefendant’s Motion for Summary Judgment,
The Court makes its findings and states its reasons on the record.
IT IS ORDERED granting Plaintiff/Counterdefendant’s Motion for Summary Judgment.
The Court finds that Plaintiff/Counterdefendant is the prevailing party and is entitled to
an award of reasonable attorneys’ fees and costs.
IT IS ORDERED that Plaintiff/Counterdefendant shall file an application for attorneys’
fees and costs not later than December 23, 2016, with a proposed form of judgment.
In the exercise of the Court’s discretion,
IT IS ORDERED denying Plaintiff/Counterdefendant’s claim for damages, pursuant to
A.R.S. § 12–349(a).
10:54 a.m. Matter concludes.
