01/27/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 01/27/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/31/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
01/27/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN
v.
SHIRLEY STRELSKI, et al.
SHIRLEY STRELSKI
22984 W LOMA LINDA BLVD
BUCKEYE AZ 85326
MINUTE ENTRY
Courtroom ECB 811
9:45 a.m. This is the time set for Order to Show Cause Hearing. Plaintiff is represented
by counsel, Gregory A. Stein. Defendants are neither present nor represented by counsel.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding service of Defendant and case status.
IT IS ORDERED finding Defendant Shirley Strelski, Trustee of the Oscar Win
Irrevocable Trust, in contempt of court for failure to adhere to this court’s October 2016 Order.
IT IS FURTHER ORDERED counsel for Plaintiff shall submit a Proposed Order with its
Application for Attorney’s Fees by February 3, 2017.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
01/27/2017
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED setting this matter for Order to Show Cause Hearing to
determine sanctions on March 17, 2017 at 9:00 a.m. (30 minutes) in this division before:
HONORABLE LORI HORN BUSTAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
125 W. WASHINGTON
PHOENIX, AZ 85003
(602) 506-0423
9:51 a.m. Matter concludes.
02/28/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 02/28/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
02/28/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
MINUTE ENTRY
The court has reviewed and considered Plaintiff’s Affidavit in Support of Application for
Attorneys’ Fees and Costs.
IT IS ORDERED granting Plaintiff’s Affidavit in Support of Application for Attorneys’ Fees
and Costs.
03/17/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 03/17/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/20/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
03/17/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
Courtroom ECB 811
8:59 a.m. This is the time set for Order to Show Cause Hearing. Plaintiff is represented
by counsel, Mark K. Sahl. Defendant, Shirley Strelski, is present and represented by counsel,
Jonathan A. Dessaules.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding case status.
IT IS ORDERED continuing the Order to Show Cause Hearing to June 9, 2016 at
2:00 p.m. in this division.
HONORABLE LORI HORN BUSTAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
03/17/2017
Docket Code 005
Form V000A
Page 2
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 506-0423
9:10 a.m. Matter concludes.
04/11/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 04/11/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
04/11/2017
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
On the Court's own motion,
IT IS ORDERED vacating the Order to Show Cause Hearing on June 9, 2017 at
2:00 p.m. and resetting same to June 2, 2017 at 11:00 a.m. in this division.
HONORABLE LORI HORN BUSTAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 506-0423
06/01/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 06/01/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
06/01/2017
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
S. Marx
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
JONATHAN A DESSAULES
TELEPHONIC STATUS CONFERENCE SET
The Court is in receipt of Defendant’s Notice of Compliance with Court Order and
Motion to Vacate June 2, 2017 Show Cause Hearing. The Motion indicates Defendant has
removed the storage shed as required by the Court’s Injunction Order. The Court will therefore
vacate the Order to Show Cause Hearing.
The issue of Plaintiff’s attorney fees and costs and Defendant’s Motion to Set Aside
Orders remain pending. Defendant’s Motion is not fully briefed. The Court will set the hearing
scheduled for Friday as a telephonic Status Conference to discuss a briefing schedule and to set
oral argument.
IT IS ORDERED vacating the Order to Show Cause Hearing and resetting the hearing
as a telephonic Status Conference on June 2, 2017 at 11:00 a.m. in this Division. Plaintiff shall
initiate the conference call and contact the Court at (602) 506-0423 once all of the attorneys are
on the line. The call should be placed from a telephone in an area with no background noise as
this will prevent the parties from hearing the proceedings. The call may not be placed from a
vehicle. Also, the use of cellular telephones and speakerphones is strongly discouraged.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
06/01/2017
Docket Code 003
Form V000A
Page 2
This is a 15 minute proceeding. The Court will determine if more time is needed. If
there is a failure to appear, the Court may make such orders as are just, including granting the
relief requested by the party who does appear.
NOTE: All court proceedings are recorded digitally and not by a court reporter. 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.
06/02/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 06/02/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
06/02/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
C. Avena/A. Quintana
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
Courtroom 811 (ECB)
10:58 a.m. This is the time set for a Telephonic Status Conference. Plaintiff, Sundance
Residential Homeowners Association Inc. is represented telephonically by counsel, Greg Stein
on behalf of Mark K. Sahl. Defendant, Shirley Strelski is represented by counsel, Jonathon A.
Dessaules.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
For the reasons stated on the record,
IT IS ORDERED that defendants shall reply to the Motion to Set Aside Orders Entered
On March 3, 2017 and October 6, 2016 filed on May 16, 2017 by June 14, 2017.
11:02 a.m. Matter concludes.
06/20/2017 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 06/20/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/21/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
06/20/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
MARK K SAHL
v.
SHIRLEY STRELSKI, et al.
JONATHAN A DESSAULES
MINUTE ENTRY
The court has reviewed and considered the following pleadings:
Motion to Set Aside Orders Entered on March 3, 2017 and October 6, 2016
Plaintiff’s Response to Defendant’s Motion to Set Aside Orders Entered on March 3,
2017 and October 6, 2016
Reply in Support of Motion to Set Aside Orders Entered on March 3, 2017 and October
6, 2016
Arizona Civil Rule 60(b) provides what a party must do in order to seek relief from default:
On motion and just terms, the court may relieve a party . . . from a final judgment, order
or proceeding for the following reasons: . . . (6) any other reason justifying relief.
Ariz. R. Civ. P. 60(b)(6). “A motion under Rule 60(b) must be made within a reasonable time . .
. .” Ariz. R. Civ. P. 60(c)(1).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
06/20/2017
Docket Code 019
Form V000A
Page 2
Plaintiff does not object to the elimination of the general injunctive relief restraining Defendant
from any violation of the Declaration from the Court’s October 6, 2016 Order so that request will
be granted.
However, Plaintiff failed to demonstrate she was entitled to relief from the attorney fees. It is
unfortunate that she had health issues and issues with previous counsel; however, these issues do
not rise to the level of demonstrating extraordinary circumstances, hardship or injustice.
Defendant failed to appear for more than one court appearance, failed to object to the
Association’s Attorney Fee Applications and failed to file a Motion under Rule 60(b) within a
“reasonable time.”
IT IS ORDERED granting, in part, and denying in part Motion to Set Aside Orders Entered on
March 3, 2017 and October 6, 2016.
IT IS FURTHER ORDERED granting the request to alter the language of the injunction.
IT IS FURTHER ORDERED denying the request to eliminate or reduce the attorney fees
awarded.
IT IS FURTHER ORDERED denying the Association’s request for an award of attorney fees
in responding to Defendant’s Motion.
07/15/2016 — CV2016006552 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 07/15/2016 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
07/15/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
CHARLENE A CRUZ
v.
SHIRLEY STRELSKI
SHIRLEY STRELSKI
22984 W LOMA LINDA
BUCKEYE AZ 85326
MINUTE ENTRY
Courtroom OCH 202
10:34 a.m. This is the time set for Order to Show Cause Hearing. Plaintiff is represented
by counsel, Charlene A. Cruz. Defendant, Shirley Strelski, is present on her own behalf. Brian
Strelski is also present.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding case status.
Defendant requests that this matter be dismissed.
IT IS ORDERED denying Defendant’s request.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-006552
07/15/2016
Docket Code 005
Form V000A
Page 2
IT IS FURTEHR ORDERED setting this matter for Hearing on October 7, 2016 at
1:30 p.m. (3 hours) in this division before:
HONORABLE LORI HORN BUSTAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 506-0423
IT IS FURTHER ORDERED counsel and the parties shall deliver their exhibits along
with a description of each exhibit to the division’s clerk for marking no later than October 3,
2016. Exhibits should be separated by a colored or tabbed sheet of paper with the exhibit number
written on front. Each exhibit shall be clipped or bound if too large to be stapled. Counsel may
also submit exhibits in a three-ring binder, each separated by a tabbed numbered divider. Please
provide a separate copy of exhibits to the court to be referenced by the Judge during the hearing.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. 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.
10:45 a.m. Matter concludes.
