08/10/2015 — CV2015094412 LAKES COMMUNITY ASSOCIATION INC, VAL VISTA 08/10/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094412
08/10/2015
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
MICHAEL MCMULLEN, et al.
J ROGER WOOD
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC
BETH MULCAHY
ORDER TO SHOW CAUSE HEARING
Courtroom 206 SEF
1:36 p.m. This is the time set for Order to Show Cause Hearing regarding Plaintiffs’
Application for Temporary Restraining Order (without Notice) filed on August 7, 2015. Plaintiff
Michael McMullen is present and is represented by counsel, J. Roger Wood. Defendant is
represented by counsel, Beth Mulcahy and Charlene Cruz.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel for Defendant address the Court.
Counsel for Plaintiffs addresses the Court.
Discussion is held.
Michael McMullen is sworn and testifies.
Plaintiffs’ exhibits 1 and 2 are marked for identification and are received in evidence.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094412
08/10/2015
Docket Code 005
Form V000A
Page 2
Plaintiffs’ exhibit 3 is marked for identification and is received in evidence.
Barbara King is sworn and testifies.
2:41 p.m. Court stands in recess.
2:49 p.m. Court reconvenes, with the parties and respective counsel present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel for Defendant presents avowals to the Court.
Counsel for Plaintiffs presents avowals to the Court.
Based upon the testimony and evidence presented, the Court finds that Plaintiffs have not
met their burden of proof.
IT IS THEREFORE ORDERED denying Plaintiffs’ request for a temporary restraining
order and the election may go forward today as scheduled.
3:11 p.m. Hearing concludes.
FILED: Exhibit Worksheet
09/17/2015 — CV2015094412 LAKES COMMUNITY ASSOCIATION INC, VAL VISTA 09/17/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094412
09/17/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
MICHAEL MCMULLEN, et al.
ERIN SELENE IUNGERICH
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION INC
CHARLENE A CRUZ
RULING
The Court has read the following:
Defendant’s Application for Attorneys’ Fees and Costs electronically filed on August
13, 2015;
Defendant’s Affidavit in Support of Attorneys’ Fees and Costs electronically filed on
August 13, 2015;
Plaintiffs’ Response and Objection to Defendant’s Application for Attorneys’ Fees
and Costs electronically filed on September 3, 2015; and
Reply in Support of Defendant’s Application for Attorneys’ Fees and Costs
electronically filed on September 15, 2015.
Successfully defending claims made at a temporary restraining order evidentiary hearing
makes the Association the prevailing party in a contested action. As to the amount of fees, the
Court has considerable discretion and has considered the relevant factors in determining the
amount of the award.
IT IS ORDERED awarding $5,500.00 in fees against the Plaintiffs.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094412
09/17/2015
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED that Defendant’s counsel shall submit for the Court’s
review and signature an appropriate form of Judgment by October 7, 2015. Any objection
thereto shall be filed 15 days thereafter in accordance with the Arizona Rules of Civil Procedure.
