02/06/2017 — CV2016054557 BELL, ANITA R 02/06/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
02/06/2017
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
MICHAEL H ORCUTT
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Partial Summary
Judgment and Motion to Continue and Defendant’s Cross-Motion for Judgment on the Pleadings
on the Inactive Calendar on March 10, 2017 at 3:00 p.m. (1 hour allotted) before:
Judge John R. Hannah
Northeast Regional Court
18380 N. 40th St., Courtroom 102
Phoenix, Arizona 85032
(602) 372-0759
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.
03/10/2017 — CV2016054557 BELL, ANITA R 03/10/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/14/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
03/10/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
DAXTON R WATSON
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
RULING
Courtroom 102 - NE
3:02 p.m. This is the time set for Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment and Motion to Continue on the Inactive Calendar and Defendants’ Cross-
Motion for Judgment on the Pleadings. Plaintiffs Anita R. Bell and William M. Brown are
present on their own behalves. Defendant Terravita Country Club, Inc. is represented by
counsel, Dax R. Watson.
A record of the proceedings is made digitally in lieu of a court reporter.
Arguments are heard.
IT IS ORDERED the plaintiff’s motion for partial summary judgment as to the monies
owed as of October 24, 2016 is granted. Summary judgment is granted in plaintiff’s favor as to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
03/10/2017
Docket Code 019
Form V000A
Page 2
his request for a declaratory judgment that no monies were owed to the defendant for late fees,
return check charges, unpaid assessments, etc. as of that date.
The Court finds that the question whether the plaintiff is entitled to include a restrictive
endorsement on the checks going forward is within the scope of the original complaint because
that was at least part of the underlying dispute originally.
As to that, the Court finds and declares that the plaintiff does not have the right to insist
that the defendant accept his tender of payment with a restrictive endorsement.
As to the fine arising from the allegation that Mr. Brown made a threat to somebody,
IT IS ORDERED denying plaintiff’s motion for leave to file amended complaint.
It is within the Court’s discretion to decide whether to allow another claim to be joined
and the Court’s judgment is that should be a separate lawsuit.
There is no clear prevailing party in this lawsuit so neither side will be awarded costs.
Unless there is a mandatory basis for fees, the Court in its discretion would not grant
either side attorneys’ fees.
IT IS ORDERED that if the defendant wishes to file a fee application, the defendant shall
notify the Court in writing not more than 5 business days from today’s date. If no fee award is
requested then the Court will issue a separate order that will adopt the minute entry from this
hearing as the final judgment in this case.
3:58 p.m. Hearing concludes.
03/22/2017 — CV2016054557 BELL, ANITA R 03/22/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
03/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
03/22/2017
Docket Code 901
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
DAXTON R WATSON
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
DOCKET - NE
JUDGMENT
No application for attorneys’ fees having been filed,
IT IS ORDERED adopting the minute entry of the March 10, 2017 hearing as the
judgment of the Court as to all claims in this case.
No further matters are pending, so this is a final judgment. Ariz.R.Civ.P. 54(c).
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
04/07/2017 — CV2016054557 BELL, ANITA R 04/07/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
04/12/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
04/07/2017
Docket Code 901
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
DAXTON R WATSON
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
DOCKET - NE
JUDGMENT
On application of the plaintiffs pursuant to A.R.S. section 12-341,
IT IS ORDERED awarding judgment in favor of plaintiffs Anita R. Bell and William M.
Brown, jointly and severally, and against defendant Terravita County Club, Inc. for taxable costs
in the amount of $361.50.
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
04/17/2017 — CV2016054557 BELL, ANITA R 04/17/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
04/19/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
04/17/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
DAXTON R WATSON
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
RULING
The defendant has filed a timely objection to Plaintiffs’ Statement of Costs. The Court
erroneously ruled on the request before the time for response had run out.
The response correctly points out that the Court, when ruling on the summary judgment
motion, also ruled that there was no “prevailing party” and that neither side, therefore, would be
entitled to an award of costs. The plaintiffs did not mention that ruling when they requested
costs.
The Court has authority to afford the defendant relief from the judgment. Ariz. R. Civ. P.
60(b).
IT IS THEREFORE ORDERED vacating the judgment filed April 12, 2017, awarding
plaintiffs Anita R. Bell and William M. Brown $361.50 in costs against defendant Terravita
Country Club, Inc. The judgment entered on March 24, 2017 stands as entered.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
04/17/2017
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED Plaintiffs’ request for an award of costs is denied.
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
11/02/2016 — CV2016054557 BELL, ANITA R 11/02/2016 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
11/02/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
TERRAVITA COUNTRY CLUB INC
NO ADDRESS ON RECORD
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85206
COMM. REES
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) Terravita Country Club, Inc. in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Rees.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
11/02/2016
Docket Code 023
Form V000A
Page 2
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
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, no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the division.
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/howDoI.asp
11/15/2016 — CV2016054557 BELL, ANITA R 11/15/2016 COMMISSIONER BRIAN S. REES View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
11/15/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
T. Pavia
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
MICHAEL H ORCUTT
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85206
MINUTE ENTRY
The court is in receipt of a packet of documents and a cover sheet for the purposes of
processing a default judgment. The court denies the request for default judgment and returns the
packet of materials to the plaintiffs (Placed in the “out” box at the front of the courthouse). The
court’s file shows that an answer has been filed by the defendant. Therefore the matter must
proceed forward to a pre-trial conference.
The docket also reflects a request to affirm the entry of default based upon a letter from
the defendant stating that the defendant intends not to answer. Nonetheless, the defendant did
answer before the expiration of time pursuant to Rule 55(a). Therefore the entry of default never
became effective.
The court rejects, without reading, the letter directed to the court, contained within the
packet.
12/07/2016 — CV2016054557 BELL, ANITA R 12/07/2016 COMMISSIONER BRIAN S. REES View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/08/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054557
12/07/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
T. Pavia
Deputy
ANITA R BELL, et al.
ANITA R BELL
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC
MICHAEL H ORCUTT
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
MINUTE ENTRY
The Court has received Plaintiffs’ Second Supplemental Statement of Facts in Support of
Plaintiffs’ Application for Entry of Default and Requested Relief filed on December 2, 2016.
This appears to be a Motion for Reconsideration, asking the Court to reverse its orders issued in
the minute entry of November 15, 2016.
The Court denies the Request of the Plaintiffs and affirms its minute entry of November
15, 2016.
