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Maricopa County Superior Court Case CV2017-008955: public docket details, parties, minute entries, documents, and official source links for Sunrise Desert Vistas Property Owners Association Inc.

Case Number

CV2017-008955

County

Maricopa

Caption

Not captured

Filed

6/15/2017

Case Type

Civil

Judge

Moskowitz, Frank

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

01/28/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK

MINUTE ENTRY

Courtroom 914 - ECB

9:40 a.m. This is the time set for Oral Argument re: Plaintiff/Counterdefendant’s Motion
for Partial Summary Judgment. Plaintiff/Counterdefendant is represented by counsel, Bruce A.
Smidt (appearing in place of Guy W. Bluff.) Defendant/Counterclaimant is represented by
counsel, Daniel R. Sallus.

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

The Court outlines the pleadings which have been reviewed in preparation for the oral
argument.

Oral argument is presented.

The Court outlines its inclinations with regard to the motion.

For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 2

IT IS ORDERED taking the matter under advisement.

The Court inquires if counsel has participated in mediation.

Counsel advises the Court that mediation has not been conducted.

The Court notes that the deadline for mediation was August 1, 2018 and no written
request for an extension of that date was filed with the Court.

Good cause appearing,

IT IS FURTHER ORDERED the Court finds both parties in contempt of Court for
knowingly failing to participate in mediation despite the Court’s express order to do so.

IT IS FURTHER ORDERED assessing a sanctions in the amount of $50.00 per day for
every day from and after February 15, 2019 that the parties do not participate in mediation. The
Court reserves the right to impose additional sanctions against the parties for every day that the
do not participate in mediation in good faith.

IT IS FURTHER ORDERED that the parties shall participate in mediation by March
11, 2019.

IT IS FURTHER ORDERED vacating the Final Trial Management Conference on
April 12, 2019 at 9:00 a.m. and the 4 day Jury Trial on June 4, 2019 at 9:00 a.m. in this
division.

IT IS FURTHER ORDERED placing this matter on the Dismissal Calendar for dismissal
without further notice on March 28, 2019. If the parties have completed the mediation and if the case
needs to be set for trial, the parties shall file a motion to set a Trial Setting Conference by this March
28, 2019 deadline.

10:11 a.m. Matter concludes.

LATER:
ORDER

The Court has reviewed and considered the following:

A. Plaintiff’s Motion for Partial Summary Judgment, filed November 20, 2018;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 3

B. Separate Statement of Facts In Support of Plaintiff’s Motion for Partial
Summary Judgment, filed November 20, 2018;

C. Defendant’s Opposition to Plaintiff’s Motion for Partial Summary Judgment;
Declaration of Dona Lisa Johnson, filed December 21, 2018;

D. Defendant’s Request for Judicial Notice, dated December 21, 2018;

E. Defendant’s Opposing Response to Statement of Facts, dated December 21,
2018; and

F. Reply in Support of Plaintiff’s Motion for Partial Summary Judgment, dated
January 10, 2019; and

G. The authorities and arguments raised during the oral argument of January 24,
2019.
Summary judgment is appropriate only if no genuine issue of material fact exists and the
moving party is entitled to judgment as a matter of law. See Rule 56(a), Arizona Rules of Civil
Procedure; Orme School v. Reeves, 166 Ariz. 301, 305, 802 P.2d 1000, 1004 (1990); Hourani v.
Benson Hosp., 211 Ariz. 427, 432, 122 P.3d 6, 11 (App. 2005). All facts must be viewed in the
light most favorable to the nonmoving party. See Grain Dealers Mutual Insurance Co. v. James,
118 Ariz. 116, 575 P.2d 315 (1978); Farmers Ins. Co. v. Vagnozzi, 138 Ariz. 443, 448, 675 P.2d
703, 708 (1983). The moving party bears the burden of demonstrating through admissible evidence
that no genuine issue of material fact exists. See Nat’l Hous. Indus., Inc. v. E.L. Joes Dev. Co., 118
Ariz. 374, 377, 576 P.2d 1374, 1377 (App. 1978); Sanchez v. City of Tucson, 191 Ariz. 128, 130,
P7, 953 P.2d 168, 170 (1998); Nat'l Bank of Ariz. v. Thurston, 218 Ariz. 112, 180 P.3d 977, 981
(Ariz. App. 2008).
Summary judgment is not appropriate if there is a genuine disputed issue of material fact
or even the “slightest doubt” as to the facts. Vagnozzi, 138 Ariz. at 448, 675 P.2d at 708.
Additionally, “summary judgment is not proper where possible inferences to be drawn from the
circumstances are conflicting.” Executive Towers v. Leonard, 7 Ariz. App. 331, 439 P.2d 303
(App. 1968).

Here, Plaintiff seeks dismissal of the four counterclaims asserted by Defendant, namely:
(1) Nuisance; (2) Breach of Contract; (3) Breach of the Duty of Good Faith and Fair Dealing; and
(4) Easement by Prescription.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 4

THE COURT FINDS as follows:
1. Defendant previously filed two lawsuits against Plaintiff in the Superior Court of
Arizona, in and for Maricopa County, namely: CV 2014-011845 and CV 2014-012173.
Claims included both Nuisance and Breach of Contract.

2. On June 20, 2016, Defendant and Plaintiff resolved their claims. Defendant signed a
Settlement Agreement and Release (the “Release”) which provided, in pertinent part,
that Defendant did “release, acquit, and forever discharge” Plaintiff “from any and all
claims of damage of any sort whatsoever arising out of, or related in any way to, the
claims made” by Defendant in CV 2014-011845 and CV 2014-012173.

3. Defendant’s present counterclaims of Nuisance, Breach of Contract, and Breach of the
Duty of Good Faith and Fair dealing are claims arising out of and/or are related to the
claims made by Defendant in CV 2014-011845 and CV 2014-012173.

4. The Release did not purport to extinguish future liabilities between the parties.
Consequently, Defendant’s counterclaims for Nuisance, Breach of Contract, and
Breach of the Duty of Good Faith and Fair Dealing for acts occurring on and after June
21, 2016 are outside the scope of the Release.

5. Defendant, however, has predicated her Breach of Contract and Breach of the Duty of
Good Faith and Fair Dealing claims on a violation of the terms of Defendant’s
“easement”. There is no evidence of the existence of any contract creating an easement
in favor of Defendant. Moreover, Defendant did not assert a breach of the
Condominium Association’s CC&Rs – which would have legally supported a contract
claim – as she had done in the 2014 lawsuits. Consequently, there is no genuine issue
of material fact requiring a trial on Defendant’s Breach of Contract counterclaim, nor
on Defendant’s Breach of the Duty of Good Faith and Fair Dealing Counterclaim,
based on the written terms of the easement. Counterclaims two and three have no merit,
irrespective of the terms of the Release.

6. Defendant’s counterclaim for Easement by Prescription was not subject to the Release.

7. To prove a claim for Easement by Prescription, the party claiming such easement must
show, by clear and convincing evidence, that the use of the property on which the party
claims a prescriptive easement was actual, open and notorious, hostile, under a claim
of right and continuous for a period of ten (10) years. Inch v. McPherson, 176 Ariz.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 5

132, 859 P.2d 755 (App. 1992); Sabino Town & Country Estate Assoc. v. Carl, 186
Ariz. 146, 920 P.2d 26 (App. 1996).

8. Possession or use of another’s property that is initially permissive does not become
hostile without a clear disclaimer to the property owner by the party claiming a
prescriptive easement. Leon v. Byus, 115 Ariz. 451, 565 P.2d 1312 (App. 1977); see
also Gospel Echo Chapel, Inc. v. Wadsworth, 19 Ariz. App. 382, 507 P.2d 994 (1973)
(Possession of another’s property that at the beginning is permissive cannot
subsequently become hostile without a clear disclaimer of the true owner’s title and the
assertion of an adverse right that is brought home to the owner of the property.)

9. Use of another’s property that is initially permissive, will not be deemed to be hostile
to the owner unless it is clearly brought home to the owner that the use going forward
will be under a claim of right and that fact is clearly brought home to the owner.
England v. Ally Ong Hing, 105 Ariz. 65, 72, 459 P.2d 498, 505 (1969) (“Unless notice
of such use, hostile to the owner, is clearly brought home to the true owner, such use
will be deemed permissive.”); Spaulding v. Pouliot, 218 Ariz. 196 181 P.3d 243 (App.
2008).

10. Where one occupying the land of another acknowledges or recognizes the title of the
real owner and does it before the statutory period has run, he thereby shows that his
possession is not adverse. The applicable statute of limitation will not begin to run
against the owner unless and until the claimant of a prescriptive easement repudiates
the owner’s title. Combs v. DuBois, 135 Ariz. 465, 662 P.2d 140 (App. 1982).

11. The mere use of another’s property is insufficient to create a prescriptive easement
without some additional acts or circumstances indicating that the use of the other’s
property is not merely permissive but hostile and adverse to the owner’s rights. Herzog
v. Boykin, 148 Ariz. 131, 713 P.2d 332 (App. 1985).

12. A use acquired merely by consent, permission or indulgence of the owner can never
ripen into a prescriptive easement unless the user expressly abandons and denies his
rights under the license or permission and openly declares his claim to be adverse to
the title of the owner of the property he is using. LaRue v. Kosich, 66 Ariz. 299, 187
P.2d 642 (1947).

13. A use of the property of another that begins permissively cannot ripen into a
prescriptive easement by the mere passage of time. Etz v. Mamerow, 72 Ariz. 228, 233
P.2d 442 (1951).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 6

14. Use of another’s property by consent, permission or indulgence of the owner can never
ripen into a prescriptive easement unless the user of the property expressly abandons
and denies his right under the consent, permission or indulgence and openly declares
his right to be adverse to the owner of the property being used. LaRue v. Kosich, 66
Ariz. 299, 187 P.2d 642 (1947); Spillsbury v. School Dist. No. 19 of Maricopa County,
37 Ariz. 33, 288 P. 1027 (1930).

15. Defendant has failed to provide admissible evidence that a genuine issue of material
fact exists as to her Easement by Prescription claim. Defendant concedes that the
easement was created by the recorded plat. She, consequently, recognizes the
easement. In fact, Defendant has sued Plaintiff previously for nuisance and lack of
compliance with CC&Rs relating to, among other things, the easement. There is no
admissible evidence of repudiation of the easement or of hostile use. Defendant has
not expressly abandoned her right to use the easement property permissively, nor
declared her right to be adverse to all others entitled to use the easement. The record
before the Court fails to identify a genuine issue of material fact on Defendant’s
counterclaim for Easement by Prescription.

16. Additionally, at oral argument, Defendant stated that the action commencing the
prescription period in question was Plaintiff’s installation of landscaping on easement
property in 2011. This occurred less than ten years ago. Moreover, it was Plaintiff’s
possession, not Defendant’s possession, that is being relied upon. If Defendant is
attempting to use Plaintiff’s possession, the period from 2011 to the present is not ten
years. On the other hand, if Defendant is attempting to use her predecessor’s
possession of the easement from 2004 to 2011 (as stated in paragraph 54 of the
Counterclaim), that also does not amount to the necessary ten year period for a
prescriptive easement.
Good cause appearing,
IT IS ORDERED granting Plaintiff’s Motion as to Defendant’s Nuisance, Breach of
Contract and Breach of Duty of Good Faith and Fair Dealing counterclaims that are predicated in
any way on acts occurring before June 21, 2016. Defendant’s First, Second and Third
Counterclaims are dismissed in part to the extent that they assert claims for acts occurring before
June 21, 2016.
IT IS FURTHER ORDERED, in the alternative, granting in part Plaintiff’s Motion as to
Defendant’s Breach of Contract, Breach of the Duty of Good Faith and Fair Dealing, and Easement
by Prescription counterclaims. Defendant’s Second, Third and Fourth Counterclaims are hereby

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/24/2019

Docket Code 375
Form V000A
Page 7

dismissed in their entirety. Attorneys’ fees and costs will abide the final determination of this
matter.

IT IS FURTHER ORDERED denying Plaintiff’s Motion as to Defendant’s Nuisance,
counterclaim to the extent that the act constituting the alleged nuisance on or after June 21, 2016.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

01/30/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID B. GASS
N. Johnson

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

MINUTE ENTRY

The Court has received and considered Plaintiff’s Motion for Leave to Amend Reply to
Counterclaim, filed December 20, 2017.

IT IS ORDERED granting Plaintiff’s Motion for Leave to Amend Reply to
Counterclaim.

IT IS FURTHER ORDERED Plaintiff shall file the amended reply by February 16,
2018.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Gass maintains an online profile that answers many questions about courtroom and
division procedures. Litigants and their attorneys should familiarize themselves with the online
profile. You can find the online profile at the following link:

https://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=2
60&jdgUSID=9111.

Clerk of the Superior Court

*** Electronically Filed ***

03/29/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

03/27/2019

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK

MINUTE ENTRY

The Court has received and reviewed Plaintiff/Counterdefendant’s Motion to Set Trial
Setting Conference filed March 25, 2019.

IT IS ORDERED setting this matter for an in person Status/Trial Setting Conference on
April 11, 2019 at 10:00 a.m. (time allotted: 15 minutes.) The in person Status/Trial Setting
Conference is set before:

Honorable Christopher A. Coury

East Court Building, Courtroom 914

101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

IT IS FURTHER ORDERED directing the parties to bring a copy of the signed
settlement agreement reached with the mediator to Court at the Trial Setting Conference. The
Court desires to review the agreement and to determine whether there were contingencies
expressed in the agreement, or whether the parties agreed upon an alternative method of
resolving disputes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

03/27/2019

Docket Code 376
Form V000A
Page 2

IT IS FURTHER ORDERED continuing the case on the Dismissal Calendar until April
11, 2019.

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. Failure to timely request and/or pay the fee for a court reporter
will be deemed consent to proceed without a court reporter.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

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

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683

Clerk of the Superior Court

*** Electronically Filed ***

04/10/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

04/08/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
K. Cabral/S. Brown

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

JUDGE COURY

MINUTE ENTRY

The Court having read and considered Defendant’s Motion to Appear Telephonically for
Status/Trial Setting Conference on April 11, 2019 (filed Apr. 5, 2019).

IT IS ORDERED granting Defendant’s Motion to Appear Telephonically for Status/Trial
Setting Conference on April 11, 2019.

Clerk of the Superior Court

*** Electronically Filed ***

04/15/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

04/11/2019

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
K. Cabral

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

BARRY C SCHNEIDER
JUDGE COURY
COURT ADMIN-CIVIL-ARB DESK

CONTINUANCE OF DISMISSAL DATE

East Court Building – Courtroom 914

10:02 a.m. This is the time set for Telephonic Trial Setting Conference. Plaintiff, Sunrise
Desert Vistas Property Owners Association, Inc., is represented by counsel, Guy W. Bluff.
Defendant, Donna Lisa Johnson, is represented by counsel, Daniel R. Sallus, who appears
telephonically.

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

Case status is discussed. The Court is advised that the parties participated in a settlement
conference but were unable to fully settle the matter. Settlement negotiations are continuing.

Discussion is held regarding the latest settlement offer.

For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

04/11/2019

Docket Code 376
Form V000A
Page 2

IT IS ORDERED continuing the deadline for dismissal to May 31, 2019. This matter
will be dismissed on or after May 31, 2019 unless a form of final judgment or a stipulation for
dismissal (along with a proposed form of order) is submitted, or the court otherwise extends the
deadline for good cause shown.

IT IS FURTHER ORDERED that the parties must comply with paragraph 7 of their
binding settlement agreement and shall complete mediation with Honorable Judge Barry C.
Schneider (Ret.)

THE COURT FINDS that the parties have agreed that Judge Schneider shall make
binding determinations relating to the settlement agreement previously reached. Allegations that
a party is not participating in good faith, constitute a dispute relating to the terms of Paragraph 10
of the agreement. Judge Schneider is empowered to make a final determination and to issue an
award including, but not limited to, defaulting a party for failure to participate in the mediation in
good faith.

IT IS FURTHER ORDERED that no trial setting conference will be set unless Judge
Schneider informs the Court that mediation has been completed and both parties have participated
in good faith from and after April 11, 2019.

IT IS FURTHER ORDERED that the Court will not continue this case on the dismissal
past May 31, 2019 unless Judge Schneider informs the Court that the parties have participated in
good faith.

IT IS FURTHER ORDERED that, pursuant to paragraph 10 of the settlement agreement,
Judge Schneider has full authority to make a determination as to whether the parties have
participated in good faith in mediation.

10:14 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

06/04/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

05/31/2019

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK

ORDER

The Court has reviewed and considered Plaintiff’s Motion to Extend Dismissal Deadline,
filed May 23, 2019.

THE COURT FINDS it in the interest of justice to extend the dismissal date of this
action to allow the parties to complete mediation. The new date of dismissal for the calendar
will be set to July 12, 2019.

Good cause appearing,

IT IS ORDERED granting Plaintiff’s Motion to Extend Dismissal Deadline, filed May
23, 2019.

Clerk of the Superior Court

*** Electronically Filed ***

06/15/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

MINUTE ENTRY

Courtroom 914 - ECB

1:28 p.m. This is the time set for a Telephonic Status Conference. Plaintiff is
represented by counsel, Guy W. Bluff. Defendant is represented by counsel, Daniel R. Sallus.
The parties appear telephonically.

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

The Court advises counsel of the current circumstances regarding jury trials.

Discussion is held regarding the pending Motion to Dismiss and if this matter may be
suitable for a Summary Jury Trial.

Good cause appearing,

IT IS ORDERED that Defendant’s Motion to Dismiss will not be considered at issue
until the time of the Final Trial Management Conference on October 16, 2020.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 2

IT IS ORDERED vacating the Final Trial Management Conference set for June 22,
2020 at 9:00 a.m. and resetting same for October 16, 2020 at 9:00 a.m. (allotted time: 60
minutes). All counsel and/or parties representing themselves must appear in person and cannot
appear telephonically.

IT IS FURTHER ORDERED vacating the 4-Day Jury Trial set for August 3-6, 2020
and resetting same for November 16 - 19, 2020 at 9:30 a.m.

The Conference and Trial are scheduled before:

Honorable Christopher A. Coury
East Court Building, Courtroom 914
101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

Scheduled trial days are:

Trial days are normally 9:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m., Monday through
Thursday. Counsel are advised to arrive at 9:00 a.m. the first day of trial.

Counsel/parties shall make note that the Court reserves for itself one (1) day for the
purpose of jury selection and jury deliberations.

NOTE: This is a firm trial setting. Motions to continue based on lack of preparation will
ordinarily not be granted.

Based upon the foregoing trial setting,

PRETRIAL STATEMENT &
DUTIES PRIOR TO FINAL TRIAL MANAGEMENT CONFERENCE

A Joint Pretrial Statement (JPTS) must be filed no later than October 9, 2020. In addition
to the materials required by Ariz.R.Civ.P. 16(f), counsel shall meet prior to the Final Trial
Management Conference in order to discuss and prepare the following, which shall be filed with
or included in the JPTS:

A.
Proposed voir dire questions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 3

B.
A completed Witness Information Form (attached), setting forth a list of all
witnesses each party intends to call at trial in the order in which the party
intends to call the witness, together with the estimated time needed for
direct, cross, and redirect examinations.

C.
A joint set of agreed-upon jury instructions and verdict forms. Each party
shall provide separate sets of any requested instructions that have not been
agreed upon. (Please review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 4th Statement of Purpose and Approach before
requesting
non-RAJI
instructions.)
Recommended
Arizona
Jury
Instructions (RAJI (Civil) 4th) need not be retyped, but may be listed by
name and number, such as:

RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
RAJI Negligence 1 - - Violation of Statute

NON-RAJI INSTRUCTIONS shall be typed in Word Format, numbered
consecutively, one per page, with legal authority in support of the
instruction. A CD of any non-RAJI instructions shall be provided to this
Division. (No CD is required for RAJI instructions.)

D.
A brief statement of the claims for inclusion in RAJI Preliminary 14 –
Claims Made and Issues To Be Proved.

E.
A stipulated brief summary of the case, to be read by the court during voir
dire.

F.
A list, by page and line numbers, of all deposition or other transcribed
testimony that may be offered at trial, other than for impeachment, including
designations of testimony that a party believes ought in fairness to be
introduced pursuant to Ariz.R.Civ.P. 32(a) together with any testimony to
be offered by an opposing/other party. At the Final Trial Management
Conference, counsel shall provide to the Court copies of any deposition
transcripts to be read to the jury. On the copies, those parts of any such
testimony to which objection is made, shall be highlighted by the offering
party, and the opposing party shall highlight any Rule 106 additions. The
testimony objected to and the reasons for such objection shall be clearly
marked in the margin. Any objection not so included is waived. Since

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 4

jurors generally prefer narrative summaries or brief excerpts of questions
and answers, the parties should confer and prepare agreed-upon summaries.

G.
A list of all marked exhibits containing a brief description of each exhibit
and any objections to such exhibits. Any objection not so included is
waived.

H.
Copies of all expert disclosures made pursuant to Ariz.R.Civ.P. 26.1(a)(6).

At the Final Trial Management Conference, counsel who will try the case shall appear
and be prepared to discuss and resolve:

A.
Allocation of trial time among the parties and, if appropriate, time limits
for voir dire, opening statements, witness examinations, and closing
arguments;

B.
Stipulations regarding witnesses testimony and the admission of exhibits;

C.
Jury instructions, juror notebooks, and verdict forms;

D.
Deposition summaries and excerpts from depositions including objections
thereto;

E.
Scheduling, equipment, or interpreter issues;

F.
Status of settlement negotiations;

G.
Use of short-trial or summary jury trial;

H.
Motions in limine; and

I.
Other matters addressed in the JPTS.

One day’s jury fees will be assessed against the parties (evenly divided) unless the Court
is notified of settlement by 2:00 p.m. on the judicial day before trial. Counsel are reminded to
promptly notify the Court of any settlement pursuant to Rule 5.3(d)

Counsel shall present original depositions for filing at the same time they present exhibits.
Original depositions are provided to the clerk for the record and are not marked as exhibits.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 5

DUTIES PRIOR TO TRIAL
PLEASE READ CAREFULLY

I.
Discovery Disputes:

If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Leticia Gauna, at, and all other counsel to advise them of his/her request for a
telephonic hearing. Each party shall thereafter email the Court’s Judicial Assistant a summary of
the dispute in Times New Roman 13 point font, limited to no more than two pages. Please make
certain all parties are copied on the email. The emails will be filed with the Clerk. Once the Court
receives a summary from each party and a certification of compliance with Rule 37, the Judicial
Assistant will email the parties to schedule a telephonic conference with the Judge. These are
generally held within one to three business days.

II.
Motions in Limine:

The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment. Each side is limited to
five motions in limine without leave of Court to file more.

1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.

Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 6

2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.

3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service. No
replies should be filed unless requested.

4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
(602) 372-3876 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.

III.
Daubert Motions:

The deadline for any motion brought for a Daubert hearing or brought under Ariz.R.Evid.
702, is the same as the dispositive motion deadline. Failure to file such a motion by this date shall
constitute a waiver of (1) any objection that the expert is not qualified to render expert testimony,
and/or (2) any objection that any opinion of the expert should be excluded under Ariz.R.Evid. 702.

IV.
Exhibits:

Exhibits are due on November 2, 2020. Counsel shall meet and confer regarding
authenticity, foundation, and admission of exhibits to expedite the process during trial. Counsel
shall also confer to eliminate any duplicate exhibits. During trial, please advise the clerk, on the
record, which exhibits may be marked directly into evidence. Counsel are advised that exhibits
should be received into evidence prior to asking witnesses to testify regarding the substance of
the exhibit.

Procedures for Submitting Exhibits to be Marked for Trial

Please provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, scheduled trial date and the party (Plaintiff/Defendant)
submitting the exhibits.
 Counsel should confer and do the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 7

 indicate on the exhibit list which exhibits have been stipulated in evidence
 insure that there are NO duplicate exhibits submitted.
 Exhibits will be marked numerically and consecutively.
 For electronic and in-person exhibit submission, please visit,
https://www.clerkofcourt.maricopa.gov/services/exhibits-submission. The webpage will
provide instructions and guidance for electronic submission as well as locations for in-
person submission of exhibits. Pages of exhibits which are 5 pages or longer shall be
bates stamped for ease of identification.

 Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that they provide their exhibits. ORIGINAL
depositions are filed in by the division Clerk.
 Poster boards and large items may only be used for demonstrative purpose. Counsel shall
advise opposing/other counsel of any demonstrative poster boards at least three (3) judicial
days prior to trial. Counsel may bring poster boards and large items to Court to use during
trial. However, if counsel intends any poster boards or large items to be marked as an exhibit,
they must provide the clerk with an 8 ½ by 11 photograph/copy of the item and include the
photograph/copy in the submitted list of exhibits.

 You may contact the court staff 7 days prior to the beginning of trial to make an
appointment to familiarize yourself with the technology available in the courtroom.

V.
Miscellaneous Issues:

A.
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.

B.
Requests for interpreters, court reporters or video conference must be made at least
two weeks prior to your hearing date.

C.
Trial time will be divided between Plaintiff and Defendant. “When you are out of
time, you are out of words.”

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 8

D.
If you are not familiar with this division’s electronic equipment, please make an
appointment with this division’s bailiff, Steven Conolly, via email at, to test the equipment at least
one week prior to your hearing.

E.
Preferred communication with this division is via email to the judicial assistant,
Leticia Gauna, at [email protected]. We are able to respond much quicker
to an email. Please make sure you endorse all parties involved in the case.

F.
One day’s jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before trial. Counsel are reminded to promptly notify the court of
any settlement pursuant to Rule 5.1(c), of the Arizona Rules of Civil Procedure.

G.
The dates set forth in this Order are FIRM dates and will not be extended or
modified by the Court absent good cause. Lack of preparation will not ordinarily be considered
good cause.

H.
If/when a party files a pleading within 48 hours of a scheduled event, the party
should
also
e-mail
the
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDER IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

1:42 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 9

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

DEFENDANT’S TOTAL WITNESS TIME ESTIMATE: _________________________

TIME ESTIMATE FOR:
PLAINTIFF(S)
DEFENDANT(S)
VOIR DIRE

OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

PLAINTIFF’S TOTAL TIME ESTIMATE: ________________________

DEFENDANT’S TOTAL TIME ESTIMATE: _______________________

NOTE: if there are multiple parties on the same side who are represented by different
attorneys, then each party being represented by different attorneys shall fill out his/her own time
estimates.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

06/10/2020

Docket Code 064
Form V000A
Page 10

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

“Due to the spread of COVID-19, the Arizona Supreme Court Administrative Order 2020-
79 requires all individuals entering a court facility to wear a mask or face covering at all
times they are in the court facility. With limited exceptions, the court will not provide
masks or face coverings. Therefore, any individual attempting to enter the court facility
must have an appropriate mask or face covering to be allowed entry to the court
facility. Any person who refuses to wear a mask or face covering as directed will be denied
entrance to the court facility or asked to leave. In addition, all individuals entering a court
facility will be subject to a health screening protocol. Any person who does not pass the
health screening protocol will be denied entrance to the court facility.”

Clerk of the Superior Court

*** Electronically Filed ***

07/18/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

07/16/2019

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK
JUDGE COURY

MINUTE ENTRY

The Court has received and reviewed Plaintiff/Counterdefendant’s Motion to Extend
Dismissal Deadline filed July 12, 2019.

IT IS ORDERED granting Plaintiff/Counterdefendant’s motion.

IT IS FURTHER ORDERED continuing the deadline for dismissal to September 20,
2019. This matter will be dismissed on or after September 20, 2019 unless a form of final
judgment or a stipulation for dismissal (along with a proposed form of order) is submitted, or the
court otherwise extends the deadline for good cause shown.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

08/25/2017

Docket Code 025
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID B. GASS
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

MINUTE ENTRY

The court has reviewed Defendant’s Notice of Withdrawal of Objection to Plaintiff’s
Notice of Deposition filed August 8, 2017. Accordingly,

IT IS ORDERED approving the notice. The court considers the same moot with no
further action being taken by the court.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Gass maintains an online profile that answers many questions about courtroom and
division procedures. Litigants and their attorneys should familiarize themselves with the online
profile. You can find the online profile at the following link:

https://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=2
60&jdgUSID=9111.

Clerk of the Superior Court

*** Electronically Filed ***

09/23/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

09/20/2019

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK

MINUTE ENTRY

The Court has received and reviewed Plaintiff/Counterdefendant’s Motion to Extend
Dismissal Deadline and Request for Rule 16(d) Scheduling Conference filed September 17,
2019.

IT IS ORDERED setting a Rule 16(d) Telephonic Scheduling Conference on November
18, 2019 at 9:15 a.m. (time allotted: 15 minutes) in this division.

Honorable Christopher A. Coury
East Court Building, Courtroom 914
101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

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 this division (602-372-3876) promptly at the scheduled time. All parties

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

09/20/2019

Docket Code 376
Form V000A
Page 2

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

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 in the courtroom. The call may not be
placed from a moving vehicle or while in traffic. State your name so there may be a clear record
as to which party is speaking.

IT IS FURTHER ORDERED that, no less than five days before the conference set above,
the parties shall file a joint status report containing (1) a very brief description of the case; (2) a
statement of the status of discovery and other pertinent matters; (3) a list of pending motions or
other matters, whether at issue or not; (4) the status of alternative dispute resolution; (5) when the
parties anticipate the case will be ready for trial; and (6) how many trial days the parties estimate
will be needed.

IT IS FURTHER ORDERED granting the Motion to Extend Dismissal Deadline and
continuing the deadline for dismissal to January 10, 2020. This matter will be dismissed on or
after January 10, 2020 unless a form of final judgment or a stipulation for dismissal (along with
a proposed form of order) is submitted.

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. Failure to timely request and/or pay the fee for a court reporter
will be deemed consent to proceed without a court reporter.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

09/20/2019

Docket Code 376
Form V000A
Page 3

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

Clerk of the Superior Court

*** Electronically Filed ***

10/09/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/08/2020

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

RULING RE: MOTION IN LIMINE #1

The Court has reviewed and considered the following:

A. Defendant’s Motion in Limine Number One RE: Excluding Correspondence Between
Plaintiff’s Counsel With Prior Attorney for Defendant In Different Case, filed May 26,
2020; and

B. Plaintiff’s Response to Defendant’s Motion Number One, filed June 9, 2020.
Oral argument would not be helpful.

Defendant seeks to exclude correspondence with her prior counsel pursuant to the attorney-
client privilege. Defendant contends that the statements are protected pursuant to Rules 408,
inadmissible hearsay pursuant to Rule 801, not relevant pursuant to Rule 402, and outweighed by
the dangers set forth in Rule 403. Plaintiff disagrees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/08/2020

Docket Code 019
Form V000A
Page 2

THE COURT FINDS as follows:

1. The correspondence is relevant pursuant to Rule 402, Arizona Rules of Evidence,
insofar as it provides evidence that Defendant (a) had notice of encroachments within
the easement prior to the commencement of this action, (b) received a demand from
Plaintiff to remove the encroachments prior to the commencement of this action, and
(c) was threatened with litigation in the event that Plaintiff had to remove the
encroachments.

2. The out of court statements of prior counsel are not being offered for the truth of the
matter asserted. Rather, they are merely being offered for the purpose of proving that
Defendant was aware that Plaintiff had given notice of alleged encroachments, and
that Plaintiff had made demands and threats of litigation. Therefore, the statements of
prior counsel do not meet the definition of hearsay pursuant to Rule 801(c)(2),
Arizona Rules of Evidence.

3. The narrow basis for the correspondence is not protected by Rule 408, Arizona Rules
of Evidence.

4. The Court is unable to conduct a Rule 403 balancing at this time. The documents will
be precluded as cumulative pursuant to Rule 403 if Defendant does not dispute that
she had notice of the encroachment, that she received a demand to remove the
encroachment, and that she was threatened with litigation if Plaintiff had to remove
the encroachment. However, if Defendant denies any of these facts, the documents
may not be precluded pursuant to Rule 403.

5. It does not violate the attorney-client privilege for counsel for Plaintiff to ask
Defendant if she had notice in generic terms, without indicating that the notice came
from her lawyer. No reference that correspondence came from counsel shall be made
without first obtaining permission from the Court.

6. The attorney-client privileged documents may be used to refresh Defendant’s
recollection, but shall not be offered in evidence in front of the jury until counsel and
the Court consider this issue again, if it becomes necessary to do so in light of the
prior findings. If such documents are admitted in evidence, they will need to be
substantially redacted.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/08/2020

Docket Code 019
Form V000A
Page 3

7. Perhaps the best way to navigate this area expeditiously is for the parties to prepare a
stipulation of fact in advance, and have the stipulation read to the jury.
Good cause appearing,

IT IS ORDERED denying Defendant’s Motion in Limine Number One RE: Excluding
Correspondence Between Plaintiff’s Counsel With Prior Attorney for Defendant In Different
Case, filed May 26, 2020. The denial is without prejudice as to the grounds raised pursuant to
Rule 403, Arizona Rules of Evidence.

IT IS FURTHER ORDERED affirming the Final Pretrial Conference for October 16,
2020, at 9:00 a.m. in this division. This hearing will be an in-person hearing. The in-person
appearance of counsel is necessary and required because, in addition to handling the regular
matters resolved at a pretrial conference, counsel need to observe and understand the physical
and procedural Covid-19 precautions and adjustments made by the Maricopa County Superior
Court, and to plan for trial accordingly.

Due to the spread of COVID-19, the Arizona Supreme Court Administrative Order 2020-
79 requires all individuals entering a court facility to wear a mask or face covering at all times
they are in the court facility. With limited exceptions, the court will not provide masks or face
coverings. Therefore, any individual attempting to enter the court facility must have an
appropriate mask or face covering to be allowed entry to the court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the court facility or
asked to leave. In addition, all individuals entering a court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the court facility.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

Clerk of the Superior Court

*** Electronically Filed ***

10/20/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/16/2020

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
N. Johnson

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

JUDGE COURY

MINUTE ENTRY

East Court Building – Courtroom 914

10:38 a.m. This is the time set for a Final Trial Management Conference.
Plaintiff/Counterdefendant, Sunrise Desert Vistas Property Owners Association, Inc., is
represented by counsel, Guy W. Bluff. Defendant/Counterclaimant, Dona Lisa Johnson, is present
and is represented by counsel, Daniel R. Sallus.

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

The Court informs counsel that they will have to file a certification that they have read and
understood the various Orders regarding Covid-19.

Discussion is held regarding witnesses testifying via video conference. The Court updates
counsel regarding new technology platforms. The Court informs counsel that it will accommodate
witnesses testifying via video conference to reduce the number of people in the courtroom.

Discussion is held regarding the setting of a status conference and the testing of the Court’s
electronic equipment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/16/2020

Docket Code 027
Form V000A
Page 2

The Court encourages counsel to consider seating a smaller jury panel.

Brief discussion is held regarding whether the case will proceed as a jury trial or may be
tried to the Court. Counsel for defendant informs the Court that he would like to proceed with a
jury trial.

Discussion continues regarding seating a smaller jury panel. Counsel for plaintiff informs
the Court that they are amenable to having a smaller jury panel. Counsel for defendant informs the
Court that he will notify the Court of his decision by next week.

The Court advises counsel that each side will have 2 peremptory strikes.

Jury selection is discussed. The Court addresses the parties regarding court operations and
protocol for jury selection during the Coronavirus (Covid-19) outbreak.

Discussion is held regarding the length of the trial and the parties’ Amended Joint Pretrial
Statement, filed October 12, 2020. Case status and the scope of the trial are discussed with respect
to the claims in the case.

For the reasons stated on the record,

IT IS ORDERED setting a Status Conference on November 12, 2020 at 10:30 a.m.
(time allotted: 15 minutes) before:

Honorable Christopher A. Coury
East Court Building, Courtroom 914
101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

IT IS FURTHER ORDERED that the parties shall appear for the Status Conference via
GoToMeeting. The Court will provide the contact information to counsel prior to the conference.

Discussion is held regarding exhibits and witness exhibit books. The Court encourages
counsel to confer regarding the same.

The Court informs counsel that division staff will provide them a set of the Court’s
preliminary jury instructions. With respect to the final jury instructions, the Court informs counsel
that it will be emailed. The Court continues to address the parties regarding court operations and
protocols with respect to Covid-19.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/16/2020

Docket Code 027
Form V000A
Page 3

The parties invoke the Rule of Exclusion of Witnesses.

Logistical matters and protocols for masks in the courtroom are discussed.

Argument is presented regarding Defendant’s Motion to Dismiss for Failure to Prosecute,
filed May 6, 2020.

For the reasons stated on the record,

IT IS ORDERED granting in part and denying in part Defendant’s Motion to Dismiss for
Failure to Prosecute. The Court specifically Orders that trial will proceed on the matters and claims
set forth in the parties’ Amended Joint Pretrial Statement as outlined on the record.

Discussion is held regarding Defendant’s Motion to Dismiss for Failure to Prosecute with
respect to Michael Smith and Larry Morden.

For the reasons stated on the record, and good cause appearing,

IT IS ORDERED that Michael Smith and Larry Morden shall not be permitted to testify.

IT IS FURTHER ORDERED that the Defendant, Dona Lisa Johnson, will not be raising
the defense that permits are required to remove the alleged obstruction to the easement.

Discussion is held regarding allowing the Court to conduct a Settlement Conference in this
matter. The Court addresses counsel regarding the same.

Court and counsel discuss the contested issues of fact in the parties’ Amended Joint Pretrial
Statement.

Brief discussion is held regarding the setting of a Settlement Conference.

For the reasons stated on the record,

IT IS ORDERED setting a GoToMeeting Settlement Conference on October 20, 2020
at 9:30 a.m. with plaintiff and 1:00 p.m. with defendant before:

Honorable Christopher A. Coury
East Court Building, Courtroom 914
101 West Jefferson Street
Phoenix, AZ 85003

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/16/2020

Docket Code 027
Form V000A
Page 4

(602) 372-3876

IT IS FURTHER ORDERED that counsel, the clients, and non-lawyer
representatives, who have full authority to settle this case, shall appear via GoToMeeting.

Counsel will be provided with the GoToMeeting contact information prior to the
conference.

LET THE RECORD REFLECT that on the record, all counsel agree to the Court
conducting ex-parte communications in connection with the settlement conference, as permitted
by and pursuant to Rule 16.1, Arizona Rules of Civil Procedure.

IT IS FURTHER ORDERED that each party shall prepare a detailed description of prior
negotiations and an assessment of what the barriers of prior settlement negotiations have been by
October 19, 2020. Counsel shall e-mail same to the Court’s Judicial Assistant:
[email protected].

IT IS FURTHER ORDERED directing all parties to participate in the Settlement
Conference in good faith.

NOTE: Pursuant to Rule 16.1(h), Arizona Rules of Civil Procedure, failure to comply
with this Order may result in the Court imposing sanctions.

11:28 a.m. Matter concludes.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

Due to the spread of COVID-19, the Arizona Supreme Court Administrative Order 2020-
79 requires all individuals entering a court facility to wear a mask or face covering at all times
they are in the court facility. With limited exceptions, the court will not provide masks or face
coverings. Therefore, any individual attempting to enter the court facility must have an
appropriate mask or face covering to be allowed entry to the court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the court facility or
asked to leave. In addition, all individuals entering a court facility will be subject to a health

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/16/2020

Docket Code 027
Form V000A
Page 5

screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the court facility.

Clerk of the Superior Court

*** Electronically Filed ***

10/22/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/20/2020

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

COURT ADMIN-CIVIL-ARB DESK
D&C MATERIALS-CSC

SETTLEMENT CONFERENCE

9:00 a.m. This is the time set for a Settlement Conference. A representative of Plaintiff,
Grace Violette, is present and represented by counsel, Guy W. Bluff. Defendant Dona Lisa
Johnson is present and represented by counsel, Daniel R. Sallus.

LET THE RECORD REFLECT that all parties express their consented to the Court
proceeding in an ex parte fashion prior to the commencement of the conference.

9:03 a.m. Settlement discussions commence, off the record.

The Court notes the parties have reached a settlement in this matter.

All parties acknowledge that they have read and understood the Settlement Terms.

THE COURT FINDS that the parties have knowingly, voluntarily and intelligently
entered into the Settlement Terms without duress or coercion, and they are fully informed as to the
contents of the Settlement Terms.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

10/20/2020

Docket Code 375
Form V000A
Page 2

IT IS ORDERED approving and adopting the Settlement Terms of the parties as a binding
agreement pursuant to Rule 80(a), Arizona Rules of Civil Procedure.

IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for November
12, 2020 at 10:30 a.m. in this division.

IT IS FURTHER ORDERED vacating the 4-Day Jury Trial set to commence on
November 16, 2020 at 9:00 a.m. in this division.

IT IS FURTHER ORDERED deeming any pending motions as denied as moot without
prejudice.

IT IS FURTHER ORDERED placing this matter on the Dismissal Calendar for dismissal
by January 31, 2021.

IT IS FURTHER ORDERED filing the Settlement Terms under seal pursuant to A.R.S.
§ 12-2238, not to be opened without further Order of the Court.

Clerk of the Superior Court

*** Electronically Filed ***

11/21/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

MINUTE ENTRY

Courtroom 914 - ECB

9:14 a.m. This is the time set for a Telephonic Pre-Trial Conference.
Plaintiff/Counterdefendant is represented by counsel, Guy W. Bluff. Defendant/Counterclaimant
is represented by counsel, Daniel R. Sallus. The parties appear telephonically.

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

Case status is discussed.

For the reasons stated on the record,

IT IS ORDERED setting this matter for a 4 day Trial to a Jury on August 3, 2020 at
9:30 a.m. in this division before:

HONORABLE CHRISTOPHER A. COURY
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON STREET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 2

9th FLOOR-COURTROOM 914
PHOENIX, AZ 85003
PHONE: 602-372-3876

Scheduled trial days are: August 3-6, 2020

Trial days are normally 9:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m., Monday through
Thursday. Counsel are advised to arrive at 9:00 a.m. the first day of trial.

Counsel/parties shall make note that the Court reserves for itself one (1) day for the
purpose of jury selection and jury deliberations.

NOTE: This is a firm trial setting. Motions to continue based on lack of preparation will
ordinarily not be granted.

IT IS FURTHER ORDERED setting a Final Trial Management Conference on June
22, 2020 at 9:00 a.m. (time allotted: 1 hour). Trial counsel shall appear in person for the
conference. Any self-represented party shall appear in person for the conference. This minute
entry order sets forth tasks that must be completed by trial counsel. Any party that is self-
represented is advised that all tasks imposed upon “counsel” in this minute entry Order apply to
self-represented litigants.

Based upon the foregoing trial setting,

PRETRIAL STATEMENT &
DUTIES PRIOR TO FINAL TRIAL MANAGEMENT CONFERENCE

A Joint Pretrial Statement (JPTS) must be filed no later than June 15, 2020. In addition to
the materials required by Ariz.R.Civ.P. 16(f), counsel shall meet prior to the Final Trial
Management Conference in order to discuss and prepare the following, which shall be filed with
or included in the JPTS:

A.
Proposed voir dire questions.

B.
A completed Witness Information Form (attached), setting forth a list of all
witnesses each party intends to call at trial in the order in which the party
intends to call the witness, together with the estimated time needed for
direct, cross, and redirect examinations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 3

C.
A joint set of agreed-upon jury instructions and verdict forms. Each party
shall provide separate sets of any requested instructions that have not been
agreed upon. (Please review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 6th Statement of Purpose and Approach before
requesting
non-RAJI
instructions.)
Recommended
Arizona
Jury
Instructions (RAJI (Civil) 6th) need not be retyped, but may be listed by
name and number, such as:

RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
RAJI Negligence 1 - - Violation of Statute

NON-RAJI INSTRUCTIONS shall be typed in Word Format, numbered
consecutively, one per page, with legal authority in support of the
instruction. A CD of any non-RAJI instructions shall be provided to this
Division. (No CD is required for RAJI instructions.)

D.
A brief statement of the claims for inclusion in RAJI Preliminary 14 –
Claims Made and Issues To Be Proved.

E.
A stipulated brief summary of the case, to be read by the court during voir
dire.

F.
A list, by page and line numbers, of all deposition or other transcribed
testimony that may be offered at trial, other than for impeachment, including
designations of testimony that a party believes ought in fairness to be
introduced pursuant to Ariz.R.Civ.P. 32(a) together with any testimony to
be offered by an opposing/other party. At the Final Trial Management
Conference, counsel shall provide to the Court copies of any deposition
transcripts to be read to the jury. On the copies, those parts of any such
testimony to which objection is made, shall be highlighted by the offering
party, and the opposing party shall highlight any Rule 106 additions. The
testimony objected to and the reasons for such objection shall be clearly
marked in the margin. Any objection not so included is waived. Since
jurors generally prefer narrative summaries or brief excerpts of questions
and answers, the parties should confer and prepare agreed-upon summaries.

G.
A list of all marked exhibits containing a brief description of each exhibit
and any objections to such exhibits. Any objection not so included is
waived.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 4

H.
Copies of all expert disclosures made pursuant to Ariz.R.Civ.P. 26.1(a)(6).

At the Final Trial Management Conference, counsel who will try the case shall appear
and be prepared to discuss and resolve:

A.
Allocation of trial time among the parties and, if appropriate, time limits
for voir dire, opening statements, witness examinations, and closing
arguments;

B.
Stipulations regarding witnesses testimony and the admission of exhibits;

C.
Jury instructions, juror notebooks, and verdict forms;

D.
Deposition summaries and excerpts from depositions including objections
thereto;

E.
Scheduling, equipment, or interpreter issues;

F.
Status of settlement negotiations;

G.
Use of short-trial or summary jury trial;

H.
Motions in limine; and

I.
Other matters addressed in the JPTS.

One day’s jury fees will be assessed against the parties (evenly divided) unless the Court
is notified of settlement by 2:00 p.m. on the judicial day before trial. Counsel are reminded to
promptly notify the Court of any settlement pursuant to Rule 5.3(d)

Counsel shall present original depositions for filing at the same time they present exhibits.
Original depositions are provided to the clerk for the record and are not marked as exhibits.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 5

DUTIES PRIOR TO TRIAL
PLEASE READ CAREFULLY

I.
Discovery Disputes:

If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Leticia Gauna, at [email protected], and all other counsel to
advise them of his/her request for a telephonic hearing. Each party shall thereafter email the
Court’s Judicial Assistant a summary of the dispute in Times New Roman 13 point font, limited
to no more than two pages. Please make certain all parties are copied on the email. The emails
will be filed with the Clerk. Once the Court receives a summary from each party and a certification
of compliance with Rule 37, the Judicial Assistant will email the parties to schedule a telephonic
conference with the Judge. These are generally held within one to three business days.

II.
Motions in Limine:

The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment. Each side is limited to
five motions in limine without leave of Court to file more.

1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.

Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 6

2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.

3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service. No
replies should be filed unless requested.

4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
(602) 372-3876 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.

III.
Daubert Motions:

The deadline for any motion brought for a Daubert hearing or brought under Ariz.R.Evid.
702, is the same as the dispositive motion deadline. Failure to file such a motion by this date shall
constitute a waiver of (1) any objection that the expert is not qualified to render expert testimony,
and/or (2) any objection that any opinion of the expert should be excluded under Ariz.R.Evid. 702.

IV.
Exhibits:

Exhibits are due to this division’s clerk by 12:00 p.m. July 20, 2020. Counsel shall meet
and confer regarding authenticity, foundation, and admission of exhibits to expedite the process
during trial. Counsel shall also confer to eliminate any duplicate exhibits. During trial, please
advise the clerk, on the record, which exhibits may be marked directly into evidence. Counsel are
advised that exhibits should be received into evidence prior to asking witnesses to testify
regarding the substance of the exhibit.

Procedures for Submitting Exhibits to be Marked for Trial

Please provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, scheduled trial date and the party (Plaintiff/Defendant)
submitting the exhibits.
 Counsel should confer and do the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 7

 indicate on the exhibit list which exhibits have been stipulated in evidence
 insure that there are NO duplicate exhibits submitted
 Exhibits will be marked numerically and consecutively.
 Plaintiff’s exhibits are marked first followed by Defendant’s.
 Do NOT use subsections of exhibits (ex: 4a or 4.001). If subsections are used,
each subsection will be marked as the next consecutive number and your exhibit
list numbers will not match the Court’s exhibit list numbers. Please use only the
next consecutive number for each exhibit.
 Do not leave blank spaces as we will not hold numbers. If there is a blank, the next
exhibit shall be marked consecutively to the previously numbered exhibit.
 If any exhibit is longer than 5 pages, it must contain consecutive bates stamped
numbers for ease of identification.
 Exhibits should be submitted in 3-Ring binders (only if there are less than 100 total
exhibits i.e., Plaintiff’s and Defendant’s exhibits) and separated by a numbered
tabbed divider sheet. 3-Ring binders should not be 100% full. Exhibits shall be either
stapled together or secured with an Acco type binder. The tabbed divider shall reflect the
number of the exhibit and should be placed on top of the exhibit. DO NOT STAPLE
THE DIVIDER TO THE EXHIBIT.
 If there are more than 100 total exhibits: Each exhibit shall be stapled together (or fastened
with a two-pronged type binder at the top) with a colored sheet of paper between each
exhibit with the corresponding exhibit number thereon and contained in a Banker’s box.
 Blow-ups and large items may only be used for demonstrative purposes during trial. If
you would like them to be marked as an exhibit, you must provide/submit an 8 ½ x 11
photo of the item to be marked.
 Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that they provide their exhibits. ORIGINAL
depositions are filed in by the division Clerk.
 Poster boards and large items may only be used for demonstrative purpose. Counsel shall
advise opposing/other counsel of any demonstrative poster boards at least three (3)
judicial days prior to trial. Counsel may bring poster boards and large items to Court to
use during trial. However, if counsel intends any poster boards or large items to be marked
as an exhibit, they must provide the clerk with an 8 ½ by 11 photograph/copy of the item
and include the photograph/copy in the submitted list of exhibits.
 You may contact the court staff 7 days prior to the beginning of trial to make an
appointment to familiarize yourself with the technology available in the courtroom.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 8

V.
Miscellaneous Issues:

A.
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.

B.
Requests for interpreters, court reporters or video conference must be made at least
two weeks prior to your hearing date.

C.
Trial time will be divided between Plaintiff and Defendant. “When you are out of
time, you are out of words.”

D.
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Steven
Conolly,
via
email
at
[email protected], to test the equipment at least one week prior to your
hearing.

E.
Preferred communication with this division is via email to the judicial assistant,
Leticia Gauna, at [email protected]. We are able to respond much quicker to
an email. Please make sure you endorse all parties involved in the case.

F.
One day’s jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before trial. Counsel are reminded to promptly notify the court of
any settlement pursuant to Rule 5.1(c), of the Arizona Rules of Civil Procedure.

G.
The dates set forth in this Order are FIRM dates and will not be extended or
modified by the Court absent good cause. Lack of preparation will not ordinarily be considered
good cause.

H.
If/when a party files a pleading within 48 hours of a scheduled event, the party
should
also
e-mail
the
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDER IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 9

9:18 Matter concludes.

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

DEFENDANT’S TOTAL WITNESS TIME ESTIMATE: _________________________

TIME ESTIMATE FOR:
PLAINTIFF(S)
DEFENDANT(S)
VOIR DIRE

OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

PLAINTIFF’S TOTAL TIME ESTIMATE: ________________________

DEFENDANT’S TOTAL TIME ESTIMATE: _______________________

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

11/18/2019

Docket Code 089
Form V000A
Page 10

NOTE: if there are multiple parties on the same side who are represented by different
attorneys, then each party being represented by different attorneys shall fill out his/her own time
estimates.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

12/17/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

SUNRISE DESERT VISTAS PROPERTY
OWNERS ASSOCIATION INC
GUY W BLUFF

v.

DONA LISA JOHNSON
DANIEL R SALLUS

MINUTE ENTRY

Courtroom 914 - ECB

9: 03 a.m. This is the time set for a Telephonic Status Conference.
Plaintiff/Counterdefendant is represented by counsel, Guy W. Bluff. Defendant/Counterclaimant
is represented by counsel, Daniel R. Sallus. The parties appear telephonically.

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

Case status is discussed. Counsel advises the Court that the matter is ready to be set for
trial.

The Court notes the pending Motion for Summary Judgment which is not yet fully
briefed.

For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 2

IT IS ORDERED setting Oral Argument re: Plaintiff/Counterdefendant’s Motion for
Partial Summary Judgment on January 24, 2019 at 9:30 a.m. (time allotted: 30 minutes) in this
division.

Counsel and the parties, if representing themselves, are to appear in person before:

Honorable Christopher A. Coury
East Court Building, Courtroom 914
101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

The parties/attorneys are advised that the failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil
Procedure.

IT IS FURTHER ORDERED setting this matter for a 4 day Trial to a Jury on June 4,
2019 at 9:30 a.m. in this division before:

HONORABLE CHRISTOPHER A. COURY
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON STREET
9th FLOOR-COURTROOM 914
PHOENIX, AZ 85003
PHONE: 602-372-3876

Scheduled trial days are: June 4-7, 2019

Trial days are normally 9:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m., Monday through
Thursday. Counsel are advised to arrive at 9:00 a.m. the first day of trial.

Counsel/parties shall make note that the Court reserves for itself one (1) day for the
purpose of jury selection and jury deliberations.

NOTE: This is a firm trial setting. Motions to continue based on lack of preparation will
ordinarily not be granted.

IT IS FURTHER ORDERED setting a Final Trial Management Conference on April
12, 2019 at 8:45 a.m. (time allotted: 30 minutes). Trial counsel shall appear in person for the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 3

conference. Any self-represented party shall appear in person for the conference. This minute
entry order sets forth tasks that must be completed by trial counsel. Any party that is self-
represented is advised that all tasks imposed upon “counsel” in this minute entry Order apply to
self-represented litigants.

Based upon the foregoing trial setting,

Counsel agree on one alternate juror who will deliberate. 6 of 8 jurors or 7 of 9 jurors
will be required for verdict.

PRETRIAL STATEMENT &
DUTIES PRIOR TO FINAL TRIAL MANAGEMENT CONFERENCE

A Joint Pretrial Statement (JPTS) must be filed no later than March 29, 2019. In addition
to the materials required by Ariz.R.Civ.P. 16(f), counsel shall meet prior to the Final Trial
Management Conference in order to discuss and prepare the following, which shall be filed with
or included in the JPTS:

A.
Proposed voir dire questions.

B.
A completed Witness Information Form (attached), setting forth a list of all
witnesses each party intends to call at trial in the order in which the party
intends to call the witness, together with the estimated time needed for
direct, cross, and redirect examinations.

C.
A joint set of agreed-upon jury instructions and verdict forms. Each party
shall provide separate sets of any requested instructions that have not been
agreed upon. (Please review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 4th Statement of Purpose and Approach before
requesting
non-RAJI
instructions.)
Recommended
Arizona
Jury
Instructions (RAJI (Civil) 4th) need not be retyped, but may be listed by
name and number, such as:

RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
RAJI Negligence 1 - - Violation of Statute

NON-RAJI INSTRUCTIONS shall be typed in Word Format, numbered
consecutively, one per page, with legal authority in support of the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 4

instruction. A CD of any non-RAJI instructions shall be provided to this
Division. (No CD is required for RAJI instructions.)

D.
A brief statement of the claims for inclusion in RAJI Preliminary 14 –
Claims Made and Issues To Be Proved.

E.
A stipulated brief summary of the case, to be read by the court during voir
dire.

F.
A list, by page and line numbers, of all deposition or other transcribed
testimony that may be offered at trial, other than for impeachment, including
designations of testimony that a party believes ought in fairness to be
introduced pursuant to Ariz.R.Civ.P. 32(a) together with any testimony to
be offered by an opposing/other party. At the Final Trial Management
Conference, counsel shall provide to the Court copies of any deposition
transcripts to be read to the jury. On the copies, those parts of any such
testimony to which objection is made, shall be highlighted by the offering
party, and the opposing party shall highlight any Rule 106 additions. The
testimony objected to and the reasons for such objection shall be clearly
marked in the margin. Any objection not so included is waived. Since
jurors generally prefer narrative summaries or brief excerpts of questions
and answers, the parties should confer and prepare agreed-upon summaries.

G.
A list of all marked exhibits containing a brief description of each exhibit
and any objections to such exhibits. Any objection not so included is
waived.

H.
Copies of all expert disclosures made pursuant to Ariz.R.Civ.P. 26.1(a)(6).

At the Final Trial Management Conference, counsel who will try the case shall appear
and be prepared to discuss and resolve:

A.
Allocation of trial time among the parties and, if appropriate, time limits
for voir dire, opening statements, witness examinations, and closing
arguments;

B.
Stipulations regarding witnesses testimony and the admission of exhibits;

C.
Jury instructions, juror notebooks, and verdict forms;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 5

D.
Deposition summaries and excerpts from depositions including objections
thereto;

E.
Scheduling, equipment, or interpreter issues;

F.
Status of settlement negotiations;

G.
Use of short-trial or summary jury trial;

H.
Motions in limine; and

I.
Other matters addressed in the JPTS.

One day’s jury fees will be assessed against the parties (evenly divided) unless the Court
is notified of settlement by 2:00 p.m. on the judicial day before trial. Counsel are reminded to
promptly notify the Court of any settlement pursuant to Rule 5.3(d)

Counsel shall present original depositions for filing at the same time they present exhibits.
Original depositions are provided to the clerk for the record and are not marked as exhibits.

DUTIES PRIOR TO TRIAL
PLEASE READ CAREFULLY

I.
Discovery Disputes:

If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Leticia Gauna, at [email protected], and all other counsel to
advise them of his/her request for a telephonic hearing. Each party shall thereafter email the
Court’s Judicial Assistant a summary of the dispute in Times New Roman 13 point font, limited
to no more than two pages. Please make certain all parties are copied on the email. The emails
will be filed with the Clerk. Once the Court receives a summary from each party and a certification
of compliance with Rule 37, the Judicial Assistant will email the parties to schedule a telephonic
conference with the Judge. These are generally held within one to three business days.

II.
Motions in Limine:

The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 6

a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment.

1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.

Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.

2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.

3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service. No
replies should be filed unless requested.

4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
(602) 372-3876 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 7

III.
Daubert Motions:

The deadline for any motion brought for a Daubert hearing or brought under Ariz.R.Evid.
702, is the same as the dispositive motion deadline. Failure to file such a motion by this date shall
constitute a waiver of (1) any objection that the expert is not qualified to render expert testimony,
and/or (2) any objection that any opinion of the expert should be excluded under Ariz.R.Evid. 702.

IV.
Exhibits:

Exhibits are due to this division’s clerk by 12:00 p.m. May 21, 2019. Counsel shall
meet and confer regarding authenticity, foundation, and admission of exhibits to expedite the
process during trial. Counsel shall also confer to eliminate any duplicate exhibits. During trial,
please advise the clerk, on the record, which exhibits may be marked directly into evidence.
Counsel are advised that exhibits should be received into evidence prior to asking witnesses to
testify regarding the substance of the exhibit.

Procedures for Submitting Exhibits to be Marked for Trial

Please provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, scheduled trial date and the party (Plaintiff/Defendant)
submitting the exhibits.
 Counsel should confer and do the following:
 indicate on the exhibit list which exhibits have been stipulated in evidence
 insure that there are NO duplicate exhibits submitted
 Exhibits will be marked numerically and consecutively.
 Plaintiff’s exhibits are marked first followed by Defendant’s.
 Do NOT use subsections of exhibits (ex: 4a or 4.001). If subsections are used,
each subsection will be marked as the next consecutive number and your exhibit
list numbers will not match the Court’s exhibit list numbers. Please use only the
next consecutive number for each exhibit.
 Do not leave blank spaces as we will not hold numbers. If there is a blank, the next
exhibit shall be marked consecutively to the previously numbered exhibit.
 If any exhibit is longer than 5 pages, it must contain consecutive bates stamped
numbers for ease of identification.
 Exhibits should be submitted in 3-Ring binders (only if there are less than 100 total
exhibits i.e., Plaintiff’s and Defendant’s exhibits) and separated by a numbered
tabbed divider sheet. 3-Ring binders should not be 100% full. Exhibits shall be either
stapled together or secured with an Acco type binder. The tabbed divider shall reflect the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 8

number of the exhibit and should be placed on top of the exhibit. DO NOT STAPLE
THE DIVIDER TO THE EXHIBIT.
 If there are more than 100 total exhibits: Each exhibit shall be stapled together (or fastened
with a two-pronged type binder at the top) with a colored sheet of paper between each
exhibit with the corresponding exhibit number thereon and contained in a Banker’s box.
 Blow-ups and large items may only be used for demonstrative purposes during trial. If
you would like them to be marked as an exhibit, you must provide/submit an 8 ½ x 11
photo of the item to be marked.
 Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that they provide their exhibits. ORIGINAL
depositions are filed in by the division Clerk.
 Poster boards and large items may only be used for demonstrative purpose. Counsel shall
advise opposing/other counsel of any demonstrative poster boards at least three (3)
judicial days prior to trial. Counsel may bring poster boards and large items to Court to
use during trial. However, if counsel intends any poster boards or large items to be marked
as an exhibit, they must provide the clerk with an 8 ½ by 11 photograph/copy of the item
and include the photograph/copy in the submitted list of exhibits.
 You may contact the court staff 7 days prior to the beginning of trial to make an
appointment to familiarize yourself with the technology available in the courtroom.

V.
Miscellaneous Issues:

A.
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.

B.
Requests for interpreters, court reporters or video conference must be made at least
two weeks prior to your hearing date.

C.
Trial time will be divided between Plaintiff and Defendant. “When you are out of
time, you are out of words.”

D.
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Steven
Conolly,
via
email
at

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 9

[email protected], to test the equipment at least one week prior to your
hearing.

E.
Preferred communication with this division is via email to the judicial assistant,
Leticia Gauna, at [email protected]. We are able to respond much quicker to
an email. Please make sure you endorse all parties involved in the case.

F.
One day’s jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before trial. Counsel are reminded to promptly notify the court of
any settlement pursuant to Rule 5.1(c), of the Arizona Rules of Civil Procedure.

G.
The dates set forth in this Order are FIRM dates and will not be extended or
modified by the Court absent good cause. Lack of preparation will not ordinarily be considered
good cause.

H.
If/when a party files a pleading within 48 hours of a scheduled event, the party
should
also
e-mail
the
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDER IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

9:25 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-008955

12/12/2018

Docket Code 089
Form V000A
Page 10

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

DEFENDANT’S TOTAL WITNESS TIME ESTIMATE: _________________________

TIME ESTIMATE FOR:
PLAINTIFF(S)
DEFENDANT(S)
VOIR DIRE

OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

PLAINTIFF’S TOTAL TIME ESTIMATE: ________________________

DEFENDANT’S TOTAL TIME ESTIMATE: _______________________

NOTE: if there are multiple parties on the same side who are represented by different
attorneys, then each party being represented by different attorneys shall fill out his/her own time
estimates.

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