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Maricopa County Superior Court Case CV2018-054012: public docket details, parties, minute entries, documents, and official source links for Four Seasons At The Manor Homeowners Association.

Case Number

CV2018-054012

County

Maricopa

Caption

Not captured

Filed

5/21/2018

Case Type

Civil

Judge

Ponce, Adele

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

02/03/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

01/30/2020

Docket Code 377
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
W. Tenoever

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
COURT ADMIN-CIVIL-ARB DESK
JUDGE FLORES

CASE ON DISMISSAL CALENDAR - PARTIAL

The Court has received Defendants Trestle Management Group, LLC and Four Seasons at
The Manor Homeowners Association’s Notice of Settlement, filed January 28, 2020.

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on March
31, 2020 as to Defendants Trestle Management Group, LLC and Four Seasons at The Manor
Homeowners Association, only, without further notice unless prior to said date Judgment is entered
or filed, a Stipulation for Dismissal is presented, or one or both parties make such filing(s) as the
Rules of Civil Procedure may require in order for the action to proceed.

IT IS FURTHER ORDERED vacating the Oral Argument Re: Motion for Summary
Judgment set on February 11, 2020 at 10:00 a.m. before Judge Lisa Daniel Flores.

Clerk of the Superior Court

*** Electronically Filed ***

02/14/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

02/12/2020

Docket Code 377
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
W. Tenoever

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
COURT ADMIN-CIVIL-ARB DESK
JUDGE FLORES

CASE ON DISMISSAL CALENDAR - PARTIAL

The Court has received Defendants’ Notice of Settlement, filed February 10, 2020.

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on March
31, 2020 as to Defendants K. Hovnanian’s Four Seasons at the Manner, LLC and K. Hovnanian’s
Four Seasons at the Manner II, LLC, (collectively “K. Hovnanian”) only, without further notice
unless prior to said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or
one or both parties make such filing(s) as the Rules of Civil Procedure may require in order for the
action to proceed.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

08/28/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

08/24/2018

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. N PATRICK HALL

DENNIS I WILENCHIK
JUDGE BAILEY

MINUTE ENTRY

The Court has received Defendant’s K. Hovnanian’s Four Seasons at the Manor, LLC
and K. Hovnanian’s Four Seasons at the Manor II, LLC’s Motion to Dismiss filed June 11, 2018.

IT IS ORDERED setting Oral Argument on the above-noted Motion(s) for September
25, 2018 at 10:00 a.m. (1 hour allotted). Counsel and any unrepresented parties shall appear in
person for this hearing before:

THE HONORABLE CYNTHIA BAILEY
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH ST., COURTROOM 108
PHOENIX, AZ 85032
PHONE: 602-506-5121

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

08/24/2018

Docket Code 094
Form V000A
Page 2

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.

Clerk of the Superior Court

*** Electronically Filed ***

08/30/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

08/29/2019

Docket Code 066
Form V066A
Page 1

CLERK OF THE COURT
HON. PAMELA GATES
S. Ortega

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
JUDGE BAILEY
JUDGE FLORES

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

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

IT IS ORDERED reassigning this case to Civil Calendar CVJ-06, the Honorable Lisa
Flores, for all further proceedings.

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

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

Chris DeRose, Clerk of Court

*** Electronically Filed ***

09/28/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

09/25/2018

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
JUDGE BAILEY

MINUTE ENTRY

Courtroom 108-NE

10:00 a.m. This is the time set for Oral Argument re: Defendant K. Hovnanian’s Four
Seasons at the Manor, LLC and K. Hovnanian’s Four Seasons at the Manor II, LLC’s Motion to
Dismiss filed June 11, 2018. Counsel Jeffrey Victor is present on behalf of Plaintiff Malin
Cooper, et al. Counsel Michael Obert Jr. is present on behalf of Defendant Trestle Management
Group LLC and Four Seasons at the Manor Homeowners Association. Counsel Dennis
Wilenchik is present on behalf of Defendant K Hovnanian’s Four Seasons at the Manor LLC and
K Hovnanian’s Four Seasons at the Manor II, LLC.

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

Arguments are presented.

IT IS ORDERED taking this matter under advisement, Ruling as a Later.

10:44 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

09/25/2018

Docket Code 005
Form V000A
Page 2

LATER:

On September 25, 2018, the Court heard oral argument on Defendants K. Hovnanian’s
Four Seasons at the Manor, LLC and K. Hovnanian’s Four Seasons at the Manor II, LLC’s
Motion to Dismiss, filed June 11, 2018. The Court has read and reviewed Plaintiff’s Motion,
Defendants, Trestle Management Group, LLC and Four Seasons at the Manor Home Owners
Association, Joinder of the Motion to Dismiss, Plaintiff’s Response and Defendants K.
Hovnanian’s Four Seasons at the Manor, LLC and K. Hovnanian’s Four Seasons at the Manor II,
LLC’s Reply. The Court did not consider the non-publically disclosed documents attached to the
briefings and therefore denies Plaintiff’s request to convert the Motion to Dismiss into a Motion
for Summary Judgment.

Rule 8, Ariz. R. Civ. P. requires all legal conclusions be supported by factual allegations.
A complaint that states only legal conclusions without supporting factual allegations does not
satisfy Arizona’s notice pleading standard. See Cullen v. Auto-Owners, Ins. Co., 218 Ariz. 417,
189 P.3d 344 (2008). (A complaint that states only legal conclusions without any supporting
factual allegations does not satisfy Arizona’s notice pleading standard; failure to comply with
Rule 8 is a ground to dismiss the action for failure to state a claim under Rule 12(b)(6). Rule 8
does not permit a trial court to speculate about hypothetical facts that might entitle the Plaintiff to
relief).
For the reasons stated in the Motion to Dismiss, as supplemented by the findings on the
record, the Court finds that the Complaint failed to state facts to support the legal claims and
allegations made and thus does not state claims upon which relief can be granted.

Plaintiff may amend the complaint to allege facts supporting the legal claims contained in
the complaint and to address the defects raised in the Motion to Dismiss and the oral argument.

IT IS THEREFORE ORDERED granting the Motion to Dismiss filed June 11, 2018,
unless Plaintiff files an amended complaint no later than October 18, 2018 to cure the defects
raised.

Clerk of the Superior Court

*** Electronically Filed ***

10/18/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

10/16/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
G. Chavez

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
JUDGE FLORES

MINUTE ENTRY

The Court received Plaintiffs’ Motion to Continue Disclosure Deadlines Re: Expert
Opinions/Lay Witnesses, filed August 5, 2019. Responses were filed by defendants, and replies
were filed to each response. Oral argument was requested but is not necessary to resolve the
matter.

Plaintiff requested an order directing Defendant Hovnanian to identify, by a date certain,
“who was in charge/working in the area where plaintiff fell that day.” Defendant Hovnanian
responded that Plaintiff’s fall occurred on January 7, 2017 -- a Saturday, and the records have
been diligently searched and no one was working at the construction site on that day. The Court
confirmed that January 7, 2017 was, indeed, a Saturday. If Defendant has already gone on record
that no one was at work at the construction site on the day of the injury, and if Plaintiff has no
other evidence (such as photographs, statements of witnesses, etc.) that there were, in fact,
workers on the job site that day, the Court fails to see what there is to be disclosed.

The deadline for disclosing the identity and opinions of expert witnesses was August 5,
2019 -- the same date that Plaintiffs filed the instant motion. According to Plaintiffs, they already
disclosed their medical experts, but wanted additional time to disclose a “liability expert” after
Defendant Hovnanian discloses the individuals responsible for conditions in the area of

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

10/16/2019

Docket Code 023
Form V000A
Page 2

Plaintiff’s fall. It is not clear to the Court that there is any additional information for Defendant
Hovnanian to disclose, but it appears from the record that depositions were scheduled while this
motion was pending. Because of the possibility that the additional depositions were necessary for
experts to review before rendering opinions, the Court will give Plaintiff an extension until
November 15, 2019 to disclose the identity and opinions of additional expert witnesses.

IT IS ORDERED granting, as limited, Plaintiffs’ Motion to Continue Disclosure
Deadlines Re: Expert Opinions/Lay Witnesses, filed August 5, 2019. The deadline for Plaintiffs
to disclose the identities and opinions of expert witnesses is now November 15, 2019.

To the extent that the extension of time for Plaintiffs to disclose expert opinions requires
amendments of other deadlines in the scheduling order, the parties are directed to file a
stipulated amended scheduling order.

Clerk of the Superior Court

*** Electronically Filed ***

12/19/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

12/16/2019

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
G. Chavez

Deputy

MALIN COOPER, et al.
JEFFREY L VICTOR

v.

TRESTLE MANAGEMENT GROUP L L C, et al. MICHAEL P OBERT JR.

DENNIS I WILENCHIK
JUDGE FLORES

MINUTE ENTRY

The Court received Defendants Trestle Management Group, LLC and Four Seasons at the
Manor Homeowners Association’s Rule 56 Motion for Summary Judgment, filed October 4,
2019, response and reply.

IT IS ORDERED setting Oral Argument of Defendants’ Motion for Summary Judgment
on February 11, 2020 at 10:00 a.m. (30 minutes allotted) before:

Judge Lisa D. Flores
Northeast Regional Court
18380 N. 40th St., Courtroom 112
Phoenix, Arizona 85032
(602) 372-0825

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-054012

12/16/2019

Docket Code 094
Form V000A
Page 2

NOTE: A record of the proceedings is made by audio and CD in lieu of 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.

Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $20.00 charge. If a CD is requested, please obtain a form from the
Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-
7100. Should an official transcript be required, you may request that the Court prepare it. The
party ordering the transcript must pay for it. To request a transcript, call 602-506-7100 and provide
the date of the proceeding, the case number, the case caption, if the transcript is for an appeal, and
your name, address, and telephone number.

Documents