06/13/2019 — CV2019094017 DE LA TORRE, MOISES 06/13/2019 HONORABLE TRACEY WESTERHAUSEN View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/14/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
06/13/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE TRACEY WESTERHAUSEN
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
ASHLEY N MOSCARELLO
v.
MOISES DE LA TORRE
MOISES DE LA TORRE
11605 W WETHERSFIELD RD
EL MIRAGE AZ 85335
COMM. LYNCH
JUDGE WESTERHAUSEN
MINUTE ENTRY
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) MOISES DE LA TORRE 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
Steven Lynch.
IT IS ORDERED that all documents necessary to support the entry of a Default
Judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
06/13/2019
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.
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 regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
08/30/2019 — CV2019094017 DE LA TORRE, MOISES 08/30/2019 HONORABLE TRACEY WESTERHAUSEN View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/03/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
08/30/2019
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE TRACEY WESTERHAUSEN
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
ASHLEY N MOSCARELLO
v.
MOISES DE LA TORRE
MOISES DE LA TORRE
11605 W WETHERSFIELD RD
EL MIRAGE AZ 85335
JUDGE WESTERHAUSEN
HEARING SET
The Court has received and reviewed Defendant’s Motion for a Hearing filed on August
20, 2019 along with Plaintiff’s Response thereto.
IT IS ORDERED setting this matter for an Evidentiary Hearing on October 1, 2019 at
9:00 a.m. (30 minutes allotted) in this Division at:
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210
IT IS FURTHER ORDERED that the parties shall deliver to the Clerk of this Division
all exhibits they will be introducing at the hearing, no later than noon on September 24, 2019.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Exhibits shall not be placed in a notebook unless they are voluminous. Each exhibit shall be
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
08/30/2019
Docket Code 056
Form V000A
Page 2
clipped or bound if too large to be stapled. Exhibits are to be separated by a colored sheet of
paper or by a tabbed divider sheet. An enlargement may be used for demonstrative purposes;
however an 8 ½ x 11 size copy of the enlargement must be submitted with the other exhibits and
will be marked for demonstrative purposes only. (Enlargements will be released to the party
using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits marked first; Defendant’s exhibits marked second.
Exhibits are assigned numbers in a serial fashion. Placeholders will not be accepted and exhibit
numbers will not be reserved for exhibits not presented at this time. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits may
result in the exclusion of that party’s exhibits at the hearing.
NOTE: All court proceedings are recorded by audio and video method 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.
09/17/2019 — CV2019094017 DE LA TORRE, MOISES 09/17/2019 HONORABLE TRACEY WESTERHAUSEN View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/20/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
09/17/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE TRACEY WESTERHAUSEN
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
ASHLEY N MOSCARELLO
v.
MOISES DE LA TORRE
MOISES DE LA TORRE
11605 W WETHERSFIELD RD
EL MIRAGE AZ 85335
JUDGE WESTERHAUSEN
COURT’S RESPONSE TO PLAINTIFF’S MOTION FOR CLARIFICATION
On July 30, 2019, Plaintiff Woodmar IV Association, Inc., filed a Motion for Summary
Judgment and accompanying Statement of Facts. At the conclusion of the Motion, Plaintiff
requested “the Court to enter summary judgment in its favor and against Defendant for all
assessments owing as alleged in the Complaint, plus accruing interest, attorney fees and costs
incurred herein . . . .”
On August 20, 2019, Defendant Moises De La Torre filed a Request for a Hearing,
writing that he “would like the amounts owed to be reviewed as they are excessive and
duplicated. . . . I have attempted to resolve and pay for what I owe multiple times including
coming up with a payment plan. The HOA has denied my payment attempts to resolve this
matter.”
On August 27, 2019, Plaintiff filed “Plaintiff’s Motion for Clarification and Response to
Defendant’s Request for a Hearing.”
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
09/17/2019
Docket Code 023
Form V000A
Page 2
The Court does not read Defendant’s Motion for a Hearing as a response to the Motion
for Summary Judgment, but rather a request to be heard on the relief requested by Plaintiff. That
is the scope of the Hearing set for October 1, 2019 at 9:00 a.m., thirty minutes, in-person
appearance.
10/04/2019 — CV2019094017 DE LA TORRE, MOISES 10/04/2019 HONORABLE TRACEY WESTERHAUSEN View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/07/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-094017
10/04/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE TRACEY WESTERHAUSEN
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
ASHLEY N MOSCARELLO
v.
MOISES DE LA TORRE
MOISES DE LA TORRE
11605 W WETHERSFIELD RD
EL MIRAGE AZ 85335
JUDGE WESTERHAUSEN
ORDER OF THE COURT
With regard to Plaintiff’s Motion for Clarification filed August 27, 2019,
IT IS ORDERED denying the Motion as moot for two reasons: The Court ruled on the
Motion on September 17, 2019 (Item 17) and the parties reached a settlement of the case (Item
18).
IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (filed July
30, 2019) is also denied as moot.
