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Maricopa County Superior Court Case CV2016-095220: public docket details, parties, minute entries, documents, and official source links for Bell West Ranch Homeowners Association Inc.

Case Number

CV2016-095220

County

Maricopa

Caption

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Filed

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Case Type

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Judge

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Location

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Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/18/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

01/17/2017

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
NO ADDRESS ON RECORD

MICHAEL B BERENT
NO ADDRESS ON RECORD

RETURN HEARING RESET

Courtroom 206 SEF

9:46 a.m. This is the time set for Return Hearing regarding Plaintiff’s Application for
Preliminary and Permanent Injunction filed on December 9, 2016. Plaintiff is represented by
counsel Maura A. Abernethy. Defendants Nancy S. Berent and Michael B. Berent are neither
present nor represented by counsel.

A record of the proceedings is made digitally in lieu of a court reporter.

Plaintiff’s counsel advises the Court her process server has been unable to serve
Defendants and a Motion for Alternative Service was filed on Friday, January 13, 2017.

Good cause appearing,

IT IS ORDERED granting Plaintiff’s Motion for Alternative Service.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

01/17/2017

Docket Code 003
Form V000A
Page 2

IT IS FURTHER ORDERED vacating the Order to Show Cause Return Hearing on
this date and resetting same on February 23, 2017, at 9:00 a.m. (15 minutes allotted) regarding
Plaintiff’s Application for Preliminary and Permanent Injunction filed on December 9, 2016.
The hearing is set before:

The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194

THIS HEARING WILL BE A 15-MINUTE PRELIMINARY HEARING
RETURN DATE, WITH NO FORMAL EVIDENCE BEING TAKEN.

IT IS FURTHER ORDERED counsel shall provide the Court with an Order to Show
Cause form today for the Court’s signature.

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.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
that party should also email the pleading to the Court’s judicial assistant at
[email protected]
and
to
the
Court’s
bailiff
at
[email protected].

COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.

9:50 a.m. Hearing concludes.

Clerk of the Superior Court

*** Electronically Filed ***

02/21/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

02/17/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ALISON BACHUS
C. Lett

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE BACHUS

MINUTE ENTRY

The Court is in receipt of Defendant’s filing styled “Copy of Expenses for Copies and
Certifield (sic) Mail Tracking Sent to Maricopa Co. Prosecutors Bench Warrant Packet,” filed
January 27, 2023. A review of the docket shows this case was dismissed in 2017. The appeal
was abandoned, per a letter from the Court of Appeals filed November 27, 2017. The Court will
take no action on the filing, which contains no perceptible request for relief.

It is so ordered.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

02/23/2017

Docket Code 032
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
D&C MATERIALS-CSC
DOCKET-CIVIL-CCC
JUDGE BRNOVICH

RETURN HEARING

CASE TRANSFER TO NORTHEAST REGIONAL COURT CENTER

Courtroom 206 SEF

9:03 a.m. This is the time set for Order to Show Cause Return Hearing regarding
Plaintiff’s Application for Preliminary and Permanent Injunction electronically filed on
December 9, 2016. Plaintiff is represented in person by counsel Maura A. Abernethy.
Defendants Nancy S. Berent and Michael B. Berent are present telephonically on their own
behalves.

A record of the proceedings is made digitally in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

02/23/2017

Docket Code 032
Form V000A
Page 2

The Court has before it Defendant’s pleading entitled Accommodation under Title II
Americans with Disabilities Act filed on February 17, 2017, wherein Defendant Nancy S. Berent
is requesting this case be transferred to a court facility nearer her home.

Discussion is held.

There being no objection and as an accommodation to Defendant Nancy Berent,

IT IS ORDERED granting Defendant’s request and transferring this case to the
Northeast Regional Court Center for all further proceedings.

IT IS FURTHER ORDERED all parties are advised that this case will retain its current
case number.

IT IS FURTHER ORDERED this case will be assigned to the Honorable Susan
Brnovich for all further proceedings.

IT IS FURTHER ORDERED the docket system be amended by Clerk of Court staff to
reflect the transfer of this case to the Northeast Regional Court Center.

SUPERIOR COURT OF MARICOPA COUNTY
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
PHOENIX, ARIZONA 85032

IT IS FURTHER ORDERED vacating Return Hearing on this date before Judge
Robert Oberbillig and resetting same on March 3, 2017, at 11:00 a.m. (15 minute allotted)
before:

THE HONORABLE SUSAN BRNOVICH
Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th Street
Phoenix, Arizona 85032
(602) 372.2020

IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling the division (602.372.2020) promptly at the scheduled time. All parties

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

02/23/2017

Docket Code 032
Form V000A
Page 3

appearing telephonically must be joined in a single conference call and be prepared to hold until
called upon.

The call should be placed in an area with no background noise and not in a moving
vehicle. Failure to do so may prevent the parties from hearing the proceedings in the courtroom
and/or may prevent the Court from hearing the parties. State your name so there may be a clear
record as to which party is speaking.

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.

9:14 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/03/2017

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
T. McMillian

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MINUTE ENTRY

11:02 a.m. Courtroom 108 NE. This is the time set for Order to Show Cause Return
Hearing. Appearing on behalf of Plaintiff is Ashley Moscarello on behalf of Maura Abernethy.
Appearing on their own behalf are Defendants Nancy Berent and Michael Berent.

A record of the proceedings is made digitally in lieu of a court reporter.

Matters discussed.

Nancy Berent is provided the name of the process server that attempted service, on the
record.

IT IS ORDERED that Plaintiff shall mail to Defendant Nancy Berent a copy of the
affidavit of attempted service signed on January 4, 2017.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/03/2017

Docket Code 005
Form V000A
Page 2

IT IS FURTHER ORDERED deeming Defendant Nancy Berent’s pleading titled
“Process Server Identification Needed,” filed on February 2, 2017, as moot.

IT IS FURTHER ORDERED that Plaintiff’s counsel shall confer with Defendants and
submit a proposed Joint Scheduling Order no later than March 24, 2017.

11:28 a.m. Matters conclude.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/06/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MINUTE ENTRY

The Court has read Defendant Nancy Berent’s document titled “harassment (illegible
word) selective enforcement” filed February 2, 2017. The Court will take no action on the filing
because the document does not ask for specific relief nor does it set for the ground for granting
any requested relief. The Motion does not comply with rule 7.1, Arizona Rules of Civil
Procedure.

IT IS ORDERED rejecting the document titled harassment…selective enforcement, filed
February 2, 2017 and no action will be taken on the motion.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/07/2017

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
COURT ADMIN-CIVIL-CCC
JUDGE BRNOVICH
JUDGE HANNAH

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable Susan Brnovich, who has
disqualified herself. The case was transferred to the Presiding Civil Judge for reassignment.

IT IS ORDERED reassigning this case to Civil Calendar CVJ-16, the Honorable John
Hannah, for all further proceedings.

IT IS FURTHER ORDERED that any and all hearings set by the disqualified judge are
vacated, to be reset by the new division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/07/2017

Docket Code 066
Form V000A
Page 2

IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the
date of this minute entry, a notice with the new division listing any outstanding motions
(including the file dates), whether they are ripe for resolution, and any hearings that need to be
reset.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/07/2017

Docket Code 001
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE WARNER

MINUTE ENTRY

The Court has read and considered Defendants’ Motion to Recuse Conflict of Interest
filed March 6, 2017.

IT IS ORDERED granting the Motion. The Court will recuse itself from this case.
Therefore,

IT IS ORDERED referring this matter to the Civil Presiding Judge for reassignment.

Clerk of the Superior Court

*** Electronically Filed ***

03/17/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/16/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ALISON BACHUS
C. Lett

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE BACHUS

MINUTE ENTRY

The Court is in receipt of Plaintiff’s filings styled “Request New Judge Assigned since
12/2021 sign an order for new trial and request judgement order be voided due to fraud upon
court,” and “Motion to Strike Judge Julians (sic) Minute Entry 2/14/22 Clerk of Superior Court
has no written stipulation filed for arbitration,” filed February 17, 2023, as well as Court of
Appeals order in No. 1 CA-CV 22-0721. The Court of Appeals order lists this case number in its
caption, but the text of the order corresponds to events that occurred in CV 2017-052655.
Plaintiff’s filings referenced above appear to have been intended for other cases, as the case
numbers CV 2017-052655 and LC 2018-000464 appear, and this case number (CV 2016-
095220) was written above.

Once again, a review of the docket shows this case was dismissed in 2017. The appeal
was abandoned, per a letter from the Court of Appeals filed November 27, 2017. The Court will
take no action on Plaintiff’s filings, which contains no perceptible request for relief in this

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/16/2023

Docket Code 023
Form V000A
Page 2

case. This case has concluded. The Court of Appeals order, which addresses 54(c) language,
concerns the 2017 case and was ordered to be transmitted to the Judge presiding in the 2017
case.

It is so ordered.

Clerk of the Superior Court

*** Electronically Filed ***

03/20/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/19/2024
CV 2017-052655

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
N. Johnson

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
MARIA R KUPILLAS
DEBRA S BROCKWAY
KELSEY P BROPHY
JUDGE GORDON
JUDGE JULIAN
JUDGE VIOLA

MINUTE ENTRY

The Court has reviewed and considered the document titled “Presiding Judge Motion for
Review” filed March 10, 2024. Upon review, the filing does not articulate a specific request for
relief from the Civil Presiding Judge nor has the Court identified any specific relief that would be
appropriate. Further, the Court notes CV2016-095220 is assigned to Judge Gordon and CV2017-
052655 is currently assigned to Judge Julian. Additionally, both cases are under consideration by
the Court of Appeals based on the August 29, 2023 Memorandum.

IT IS ORDERED denying the Presiding Judge Motion for Review filed March 10, 2024.

Clerk of the Superior Court

*** Electronically Filed ***

04/10/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/28/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
C. Curley

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE GORDON

MINUTE ENTRY

The Court has reviewed “Request for Nunc Pro Tunc” (filed 3/18/24). The Court denies
the relief requested.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/31/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

03/29/2017

Docket Code 033
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE HANNAH

REASSIGNMENT REQUEST DENIED – CIVIL PRESIDING JUDGE

Before the court is Defendants’ March 14, 2017 Motion to Recuse, which the court
construes as a motion for change of judge for cause under A.R.S. § 12-409(B)(5) based on an
allegation of bias and prejudice. “Bias and prejudice means a hostile feeling or spirit of ill-will,
or undue friendship or favoritism, towards one of the litigants.” In re Guardianship of Styer, 24
Ariz. App. 148, 151, 536 P.2d 717, 720 (1975). The matters contained in the Motion do not
show bias or prejudice.

IT IS ORDERED denying the Motion.

Clerk of the Superior Court

*** Electronically Filed ***

04/05/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

04/04/2024

Docket Code 025
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
A. Hayes

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE GORDON

MINUTE ENTRY

The Court has reviewed Plaintiff’s filing captioned “Statement of Facts Dated
Disclosures Fraud Upon the Court Judgment is Void New Judge Was Assigned Dec 23, 2021”
(filed 3/29/24). The Court is unable to decipher what, if any, relief is requested, and the Court
will take no action with respect the filing.

Further, Court of Appeals affirmed the final judgments entered in this case in favor of the
Defendants on January 4, 2024. See Berent v. Mroczkowska,1 CA-CV 22 0721 (Ariz. App.
January 4, 2024), 2024 WL 49217 (Ariz. Ct. App. 2024).

Clerk of the Superior Court

*** Electronically Filed ***

04/21/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

04/20/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA NORRIS
C. Lett

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
COMM. PATRICIA NORRIS

MINUTE ENTRY

The Court is in receipt of Plaintiff’s filings styled “Procedural Rules Violations by Judge
Agne 11/02/2021 Plaintiff Objected to Master Rules 72-79 statute of fraud case,” filed March 19,
2023; “Court of Appeals Accepted Assigned 3 Judges to Decide Judge Julians (sic) Negligence
Writ of Mandamus 3/13/2023 Rule Violation,” filed March 20, 2023; “Request Clerk of the
Court Assign My Case to a New Judge in New Venue Per Objection of December 21, 2021 New
Trial,” filed March 20, 2023; and “18 U.S.C. 1506 Altercation (sic) of record CV2016-095220
Since Tuesday 4/4/2023 After Writ of Mandamus Motion Filed 3/30/23,” filed April 5, 2023.

Once again, a review of the docket shows this case was dismissed in 2017. The Court of
Appeals declined to accept jurisdiction of the special action, per an Order filed April 10, 2023.
The Court will take no action on Plaintiff’s filings. The case has concluded.

It is so ordered.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/10/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

05/08/2017

Docket Code 041
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MARIA R KUPILLAS

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
ALTERNATIVE DISPUTE
RESOLUTION - CCC

SCHEDULING CONFERENCE SET

Numerous filings are before the Court. All of them have been read and considered.

The February 2, 2017 filing by defendant Nancy Berent is Ms. Berent’s response to the
Application for Preliminary and Permanent Injunction filed December 9, 2016. No action is
taken on this filing at this time. The Application will be addressed in future proceedings.

IT IS ORDERED the plaintiff’s motion to strike is denied as to the February 2, 2017
filing.

The defendants’ motion to dismiss filed February 24, 2017 argues that the plaintiffs are
not entitled to prevail in this case because the facts do not support their claims, and because other

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

05/08/2017

Docket Code 041
Form V000A
Page 2

facts create defenses to the claims. On a motion to dismiss, however, the court can decide only
whether the law allows the plaintiff’s claims. For that purpose (and only that purpose) the law
requires the court to assume that the facts alleged by the plaintiff are true. Disputes about the
facts cannot be resolved at the beginning of the case on a motion to dismiss.

IT IS ORDERED the defendants’ February 24, 2017 motion to dismiss is denied.

The plaintiff’s cross-motion to dismiss, filed March 6, 2017, asserts that the counter-
claims contain “only conclusory statements, completely devoid of any factual detail.” That is not
an accurate description. The pleading alleges numerous facts. Whether those facts are true is a
separate question that (as noted above) is not yet before the court.

The plaintiff also complains that the counterclaims are “vague and [do] not put the
Association on notice.” It does not follow that dismissal is required, especially not dismissal
without leave to amend as the plaintiff requests. “Pleadings must be construed so as to do
justice.” Ariz. R. Civ. P. 8(f). It would be unjust to dismiss the counterclaims summarily
without giving the defendants an opportunity to be heard.

The plaintiff could have asked for a more definite statement pursuant to Rule 9(e), but it
chose not to do so. The plaintiff therefore must answer the counterclaims as best it can. The
details will have to be hashed out through discovery.

Nothing in the counterclaims will be construed as an attempt to state a claim against any
party other than Bell West Ranch Homeowners’ Association, Inc. The references to non-parties
(including Mr. Sewald) will be construed only as allegations relating to the claims against the
HOA. Mr. Sewald can be called as a witness if necessary, by either party.

For those reasons,

IT IS ORDERED the Cross-Motion to Dismiss Defendants’ Counterclaims is denied.

The filing by defendant Nancy Berent on February 8, 2017 entitled “malfeasance
harassment, duress, coercion . . . .,” the March 14, 2017 filing entitled “Harrassement” and the
March 15, 2017 filing entitled “Breach of Contract” do not comply with Civil Rule 7.1(a)
because these filings do not clearly set forth the relief sought and the grounds for that specific
request for relief. Instead the filings are narratives that mention different forms of relief along
the way. They are also repetitive. Future filings of this nature are likely to be rejected, but for
now the Court will address the issues raised as guidance to the parties going forward.

IT IS ORDERED the plaintiffs’ motion to strike these pleadings is denied.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

05/08/2017

Docket Code 041
Form V000A
Page 3

One of the forms of relief requested in the March 14 filing – a restraining order to keep
the HOA from contacting the defendants – is available only in a different kind of lawsuit than
this one. Other forms of requested relief – civil penalties, damages in the form of monetary
compensation for “irreparable harm caused by the intentional ongoing retaliation,” payment of
future medical expenses – are remedies that can be awarded only when the party requesting them
prevails on a claim in the lawsuit, and then only if permitted or required by the law on that kind
of claim. Accordingly, no action will be taken on any of those requests at this time.

Some of the filings also request dismissal of the plaintiff’s claims. For the reasons stated
in connection with the February 24, 2017 motion to dismiss,

IT IS ORDERED the defendants’ requests for dismissal are denied.

The filing entitled “Harrassement” also includes a request for an order requiring the
plaintiff to pay for a forensic psychiatric evaluation for Ms. Berent. No supporting law is cited
in the motion.

IT IS ORDERED the request to require the plaintiff to pay for an evaluation is denied.

Finally, the plaintiff and the defendants have filed separate Rule 16 reports.

IT IS ORDERED setting a Rule 16(d) Scheduling Conference on June 8, 2017 at 9:00
a.m. before:

Hon. John R. Hannah
Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th St
Courtroom 102
Phoenix, AZ 85032
(602) 372-0759

IT IS FURTHER ORDERED that the parties shall participate in a mandatory Settlement
Conference. 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 as soon as practicable but in no event later than September 8, 2017. The

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

05/08/2017

Docket Code 041
Form V000A
Page 4

Office of Alternative Dispute Resolution will not do the scheduling of the settlement conference
so please do not contact that office.

IT IS FURTHER ORDERED the plaintiff’s request for a settlement conference by the
end of June is denied because the ADR office requires a minimum of 120 days’ notice.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/10/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220
CV 2017-052655

05/08/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MARIA R KUPILLAS

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
LORI N BROWN
DEBRA S BROCKWAY

ORDER ENTERED BY COURT

The Court has before it a fax dated April 30, 2017 from Nancy Berent which the Court
cannot consider for the following reasons:

The Court cannot act on a mailed or faxed pleading unless the original document has been
filed with the Clerk of the Court in accordance with Rule 5(a), (g) & (h), Arizona Rules of Civil
Procedure and Local Rules 2.1(b) & 2.19.

There is no indication on the document that a copy has been mailed to the opposing side as
required by Rules 5 and 7.1(a), Arizona Rules of Civil Procedure. The Court cannot consider an ex
parte communication of this nature, nor can it give legal advice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220
CV 2017-052655

05/08/2017

Docket Code 023
Form V000A
Page 2

The document does not contain a proper caption setting forth the name of the court, title of
the action, file number and proper designation of a Motion or request for relief as required by Rule
10(a), Arizona Rules of Civil Procedure. It is unclear which case number this document relates to.

For the foregoing reasons,

IT IS ORDERED rejecting the fax dated April 30, 2017 from Nancy Berent with no action
taken.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/12/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

06/08/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
MARIA R KUPILLAS
ALTERNATIVE DISPUTE
RESOLUTION - CCC

STATUS CONFERENCE SET

Courtroom 102 - NE

9:07 a.m. This is the time set for Scheduling Conference. Plaintiff/Counterdefendant
Bell West Ranch HOA is represented by counsel, Maura A. Abernethy. Counterdefendant Bell
West Ranch HOA is represented by counsel, Maria R. Kupillas. Defendants Nancy S. Berent
and Michael B. Berent are present on their own behalves.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the parties’ efforts to resolve this case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

06/08/2017

Docket Code 028
Form V000A
Page 2

The Court enters the following scheduling order:

 Rule 26.1 initial disclosure statements shall be exchanged by July 7, 2017.
 Depositions shall be completed by October 13, 2017.
 The parties shall simultaneously disclose any experts and their proposed
testimony by Nov. 27, 2017.
 Rebuttal disclosure will be due by December 22, 2017.
 Depositions shall be completed by January 26, 2018.
 The final discovery cut-off date is February 23, 2018.
 All written discovery is to be propounded by December 1, 2017.

IT IS FURTHER ORDERED that a settlement conference through the Court’s
Alternative Dispute Resolution Office shall be completed by September 15, 2017.

IT IS FURTHER ORDERED however, that in the event that the parties are able to agree
to an effort at mediation or alternative dispute resolution that encompasses both this case and the
other case (between these same parties), then the parties may schedule the mediation or ADR to
accommodate that, even if that date is after the deadline set in this case.

IT IS FURTHER ORDERED setting a Trial Setting/Status Conference on September 27,
2017, at 8:30 for 30 minutes. Parties may appear by telephone or in person.

Defendant is admonished regarding her personal attacks on counsel for the Plaintiff.

10:00 a.m. Matter concludes.

LATER:

IT IS ORDERED denying defendants’ pleadings entitled “arbitration hearing motion to
dismiss charges damages settlement with state farm insurance” and “Ethics Violations Clint G.
Goodman Bar No. 024188 Maura A. Abernathy Bar No. 020754.”

Clerk of the Superior Court

*** Electronically Filed ***

07/25/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

07/23/2024

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
C. Ladden

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE GORDON

MINUTE ENTRY

The Court has reviewed: (1) Formal Complaint with Superior Court Arbitration
Department Mr. Ken Fields Conducted a Fraud Arbitration (filed 5/8/24); (2) Request Clerk of
Superior Court Submit an Errata Correction of December 2, 2022 Written Statement to Court
(filed 6/27/24); (3) Motion to Continue Supplemental Authority Per Clerk of Superior Court This
is Not a Arbitration Case Request a New Trial (filed 7/3/24); and (4) Motion to Disqualify Debra
Brockway (filed 7/11/24).

Having reviewed those filings, the Court denies the relief requested as they state
inadequate bases for relief.

Clerk of the Superior Court

*** Electronically Filed ***

08/13/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

08/09/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
Y. Rodriguez

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
JUDGE GORDON

MINUTE ENTRY

The Court has Ms. Berent’s filing captioned, “Rule 60(b) tax CLERK VERIFIED THIS
NOT ARBITRATION CASE. REQUST FOR NUN PRO TUNC MOTION TO CONTINUE”
filed, July 23, 2024 (“Request”).

The request is hereby denied.

Clerk of the Superior Court

*** Electronically Filed ***

08/22/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

08/16/2024

Docket Code 901
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. Dern

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
DOCKET CV TX
JUDGE GORDON

MINUTE ENTRY

The Court has reviewed Defendant Nancy Berent’s newest filing captioned “Superior
Court Administration Rule 91 e Violation Rule 93 b Violation since Dec 21 2021 Motion is Still
Pending” (filed 8/6/24). Plaintiff apparently believes that a motion filed on December 21, 2021
remains pending and asks Court Administration to prepare a list and report.

This case with dismissed with prejudice on November 7, 2017 because the Court received
notice that the matter had settled and the parties and complied with the terms of the settlement
agreement. The Court denied all pending motions including a motion to enforce a settlement
agreement as moot. The Court entered a final judgment of pursuant to Rule 54(c) of the Arizona
Rules of Civil Procedure.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

08/16/2024

Docket Code 901
Form V000A
Page 2

Prior to dismissal, on October 17, 2017, Defendant filed a Notice of Appeal (NOA) in
this cause number. The NOA was jointly filed in cause numbers CV2017-052655, LC2018-
000464-001, and LC2021-000100-001.

On January 24, 2024, the Court of Appeals issued a memorandum decision in the
appeal. See Berent v. Mroczkowska, 2024 WL 492177, n. 3 (January 4, 2024). The Court of
Appeals affirmed the trial court and expressly noted that the parties raised issues only in CV
2017- 052665 which, of course, is not this case. Id. at n. 3. Thus, Defendant’s inclusion of
this cause number in the NOA was a ministerial error.

On July 22, 2024, the Court of Appeals issued its mandate.

Having reviewed this file, the Court finds that this case has been completed since
2017. Further, the docket does not reflect any motion was filed on December 21, 2021.
Accordingly, the Court will take no action on Defendant Nancy Berent’s filing captioned
“Superior Court Administration Rule 91 e Violation Rule 93 b Violation since Dec 21 2021
Motion is Still Pending” (filed 8/6/24).

IT IS SO ORDERED.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/22/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

09/20/2017

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374
MARIA R KUPILLAS

CASE ON DISMISSAL CALENDAR

A Notice of Settlement has been received.

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on
November 20, 2017 without further notice unless prior to said date Judgment is entered or filed,
a Stipulation for Dismissal is presented, or one or both parties make such filing(s) as the Rules of
Civil Procedure may require in order for the action to proceed.

IT IS FURTHER ORDERED vacating the Telephonic Status Conference set on
September 27, 2017 at 8:30 a.m. in this division.

Michael K. Jeanes, Clerk of Court

*** Filed ***

11/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-095220

11/07/2017

Docket Code 042
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever

Deputy

BELL WEST RANCH HOMEOWNERS
ASSOCIATION INC
MAURA A ABERNETHY

v.

NANCY S BERENT, et al.
NANCY S BERENT
17974 N 167TH DR
SURPRISE AZ 85374

MICHAEL B BERENT
17974 N 167TH DR
SURPRISE AZ 85374

CASE DISMISSED - FULL

The plaintiff having filed a Notice of Compliance stating that the defendants have
complied with the settlement agreement.

IT IS ORDERED the plaintiff's motion to enforce the settlement agreement and the
defendants' motions directed at the validity of the settlement agreement are denied as moot.

IT IS FURTHER ORDERED dismissing this case with prejudice, each party to bear that
party's own costs and attorneys' fees.

No further matters are pending in this case. Judgment is entered pursuant to Civil Rule
54(c).

/s/ John R. Hannah

________________________

John R. Hannah

Judge of the Superior Court

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