02/01/2017 — CV2016007391 COMMUNITY ASSOCIATION, DOS RIOS 02/01/2017 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
02/01/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
DOS RIOS COMMUNITY ASSOCIATION
EDWARD D OBRIEN
v.
ISABELLE M TRASLAVINA, et al.
ISABELLE M TRASLAVINA
11821 W ELECTRA LN
SUN CITY AZ 85373
COMM. BARTH
MINUTE ENTRY
This case was referred to this division for a ruling on whether the Defendants’ pleading
constitutes a sufficient response to Plaintiff’s Application for Entry of Default to preclude entry
of default.
The court has reviewed Defendants “Responding to this Case” and Plaintiff’s Response to
Motion to Set Aside Judgment Entitled Responding to Case.
“The filing of the application for default constitutes the entry of default. A default is effective 10
days after the application for entry of default is filed.” Ariz. R. Civ. P. 55(a)(4). “A default will
not become effective if the party claimed to be in default pleads or otherwise defends as provided
in these rules within 10 days after the application for entry of default is filed.” Ariz. R. Civ. P.
55(a)(5). “The words ‘otherwise defend’ refer to a response which challenges the sufficiency of
the pleadings to which the response is due, or which challenges whether the pleader has met all
the precedent conditions which are necessary to give standings to the pleader’s claim for
relief.” Suncor Development Co. v. Maricopa County, 788 P.2d 136, 139-40, 163 Ariz. 403,
406-07 (Ariz. Tax, 1990).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
02/01/2017
Docket Code 023
Form V000A
Page 2
Defendants document entitled “Responding to this Case” neither denies any of the allegations in
the Complaint nor states any defense to the allegations asserted in the Complaint. Defendants
failed to “plead or otherwise defend” as required by the Rules.
The court finds Defendants’ pleading does not constitutes a sufficient response to Plaintiff’s
Application for Entry of Default to preclude entry of default. Therefore, Plaintiff is entitled to
entry of default.
IT IS ORDERED referring this matter back to Commissioner Barth to proceed with the entry of
default.
11/28/2016 — CV2016007391 COMMUNITY ASSOCIATION, DOS RIOS 11/28/2016 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
11/28/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker
Deputy
DOS RIOS COMMUNITY ASSOCIATION
EDWARD D OBRIEN
v.
ISABELLE M TRASLAVINA, et al.
ISABELLE M TRASLAVINA
11821 W ELECTRA LN
SUN CITY AZ 85373
T A FINANCIAL L L C
1209 ORANGE ST
WILMINGTON DE 19801
EDWARD D TRASLAVINA
11821 W ELECTRA LN
SUN CITY AZ 85373
COMM. BARTH
MINUTE ENTRY
This division has received an e-filed Notice of Intent to Seek Entry of Default and
Judgment by Default. No action will be taken by this division on the above referenced document.
The parties are advised that commissioners handle Rule 55(b) default judgment proceedings and
that such proceedings in this matter are to be heard by Commissioner Barth.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
11/28/2016
Docket Code 023
Form V000A
Page 2
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED that no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the
commissioner.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
12/01/2016 — CV2016007391 COMMUNITY ASSOCIATION, DOS RIOS 12/01/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
12/01/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
DOS RIOS COMMUNITY ASSOCIATION
EDWARD D OBRIEN
v.
ISABELLE M TRASLAVINA, et al.
ISABELLE M TRASLAVINA
11821 W ELECTRA LANE
SUN CITY AZ 85373
EDWARD D TRASLAVINA
11821 W ELECTRA LANE
SUN CITY AZ 85373
MINUTE ENTRY
On December 1, 2016 this Court received a pleading entitled “Responding to Case,” filed
by Defendant on November 21, 2016. It appears the Defendant is seeking to set aside the default
judgment on basis of representations allegedly made by Plaintiff’s counsel. Accordingly,
IT IS ORDERED treating said pleading as a Motion to Set Aside Judgment.
Plaintiff shall have the time permitted under Rules of Civil Procedure to file its response.
12/20/2016 — CV2016007391 COMMUNITY ASSOCIATION, DOS RIOS 12/20/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
12/20/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
DOS RIOS COMMUNITY ASSOCIATION
EDWARD D OBRIEN
v.
ISABELLE M TRASLAVINA, et al.
ISABELLE M TRASLAVINA
11821 W ELECTRA LN
SUN CITY AZ 85373
EDWARD D TRASLAVINA
11821 W ELECTRA LN
SUN CITY AZ 85373
JUDGE BUSTAMANTE
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Response to Motion to Set Aside Judgment Entitled
Responding to Case, filed December 7, 2016. Upon review of the electronic court docket, the
Court notes that Defendants mistakenly asserted in their pleading, entitled “Responding to Case,”
filed on November 21, 2016, that “Now I just received a default of judgment….” In reliance on
Defendant’s assertion that Default Judgment had been granted, this Court treated the pleading as
a motion to set aside default judgment. However, review of the court record reflects that a
default judgment has never been entered and that the pleading was apparently filed by
Defendants in response to Plaintiff’s Application for Entry of Default, filed on November 17,
2016.1 Accordingly, in view of the foregoing,
1 It appears that Defendant’s pleading did not appear on the court docket and that the assigned trial judge, the
Honorable Judge Bustamante, was unaware of its filing when she issued the minute entry, dated November 28,
2016, referring the matter to Commissioner Barth.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-007391
12/20/2016
Docket Code 023
Form V000A
Page 2
IT IS ORDERED referring the matter back to Judge Bustamante for ruling on whether
the Defendants’ pleading constitutes a sufficient response to Plaintiff’s Application for Entry of
Default to preclude entry of default. Plaintiff contends in its Response to Motion to Set Aside
Judgment, filed December 7, 2016, that Defendant’s pleading does not constitute a sufficient
response and that Plaintiff is entitled to entry of default. Defendants’ deadline for filing a reply
to Plaintiff’s Response was December 19, 2016; that deadline has expired and Defendants have
not filed a reply. The matter is ripe for ruling.
