01/14/2019 — CV2017015022 GRAHAM, MABLE E 01/14/2019 HONORABLE JOSEPH C. WELTY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
01/17/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015022
01/14/2019
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH C. WELTY
S. Ortega
Deputy
AGRITOPIA RESIDENTIAL NEIGHBORHOOD
OWNERS ASSOCIATION INC
PHILIP N BROWN
v.
MABLE E GRAHAM
JONATHAN A DESSAULES
COURT ADMIN-CIVIL-ARB DESK
JUDGE WELTY
DISMISSAL CALENDAR
The Court having received the parties’ Settlement Agreement and Covenant Not to
Compete, filed January 9, 2019,
IT IS ORDERED accepting the Settlement Agreement and placing this matter on the
Dismissal Calendar for dismissal on or after February 28, 2019, without further notice, unless
prior to said date a Judgment is entered or filed, a Stipulation for Dismissal is presented, or a proper
Joint Report and proposed Scheduling Order is filed.
IT IS FURTHER ORDERED deeming any pending motions moot.
04/17/2018 — CV2017015022 GRAHAM, MABLE E 04/17/2018 HONORABLE KERSTIN LEMAIRE View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
04/19/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015022
04/17/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KERSTIN LEMAIRE
D. Charbagi
Deputy
AGRITOPIA RESIDENTIAL NEIGHBORHOOD
OWNERS ASSOCIATION INC
PHILIP N BROWN
v.
MABLE E GRAHAM
MABLE E GRAHAM
2700 E VALENCIA STREET
GILBERT AZ 85296
COMM. GARBARINO
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application/Motion for Default against
Defendant(s) Mable E. Graham in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Garbarino.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015022
04/17/2018
Docket Code 023
Form V000A
Page 2
Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form. Supreme Court
Administrative Order No. 2010-117, default judgment packets are not permitted to be e-filed.
Accordingly, parties are directed to hand-deliver a default coversheet and copies of the necessary
filed documents to the commissioner’s division for the entry of a default judgment.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
DOCKET CODE 023
06/06/2018 — CV2017015022 GRAHAM, MABLE E 06/06/2018 HONORABLE KERSTIN LEMAIRE View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
06/11/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015022
06/06/2018
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KERSTIN LEMAIRE
C. Ramirez
Deputy
AGRITOPIA RESIDENTIAL NEIGHBORHOOD
OWNERS ASSOCIATION INC
PHILIP N BROWN
v.
MABLE E GRAHAM
JONATHAN A DESSAULES
MINUTE ENTRY
The court has considered the fully briefed "Defendant Mable E. Graham's Motion to
Dismiss" filed April 27, 2018. The Court has reviewed the legal file in this matter and has
considered the applicable case law, statutes and rules of court.
Defendant moves to dismiss claiming that she was never properly served as she lives
alone and the process server left the paperwork with someone else in the home. Given that
motions to dismiss are generally disfavored, this court will make all inferences in favor of the
non-moving party. In addition, the court notes that as the return of service wa by a duly
appointed process served, it may only be impeached by clear and convincing evidence. General
Electric Capital Corporation v. Osterkamp, 172 Ariz. 191 (App. 1992). In reviewing the
affidavit of service, the court notes that the process server left the paperwork with someone who
confirmed residing at the home but who refused to give her name. The court will find, for
purposes of this motion only, that alternate service upon someone who resides in the residence
and is of a suitable age was achieved.
IT IS ORDERED denying Defendant Mable E. Graham's Motion to Dismiss.
