Maricopa County Superior Court Case CV2020-010651 - Arizona HOA Transparency ProjectArizona HOA Transparency Project

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Maricopa County Superior Court Case CV2020-010651: public docket details, parties, minute entries, documents, and official source links for A A M, L L C.

Case Number: CV2020-010651
County: Maricopa
Caption: Not captured
Filed: 9/2/2020
Case Type: Civil
Judge: Como, Greg
Location: Downtown
Official Court Record: Official Court Record

Parties

Party	Relationship	Attorney
A A M, L L C	Not captured	Not captured
A A M, L L C	Third Party Defendant	Quinten Cupps
Kyrene Justice Court	Originating Court	Pro Per
Lakewood Community Association, The	Third Party Defendant	Christopher Enos
Lakewood Estates Homeowners Association	Plaintiff	Quinten Cupps
Michael A Urbano	Defendant	Ernest Collins
Sandra Smith	Third Party Defendant	Quinten Cupps

Minute Entries

01/23/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/23/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/23/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court previously read and considered Plaintiff Lakewood Estates Homeowners
Association’s (LEHA)Motion for Summary Judgment filed July 1, 2022, Defendant Urbano’s
Response filed August 12, 2022, Plaintiff’s Reply filed September 2, 2022, the accompanying
Statements of Fact, and the argument of counsel. The Court struck Mr. Urbano’s Response and
Statements of Fact in this and two other pending motions, for the reasons set forth in its minute
entry filed November 7, 2022. Notwithstanding the non-compliance, the Court gave Mr. Urbano
another opportunity to file a new Response and Controverting Statement of Fact, and LEHA and
opportunity to file a supplemental Reply.

Compliance with Court Orders

The Court finds that the November 18, 2022 Response and Controverting Statement of
Fact do not comply with prior court orders. First it did not comply with the orders set forth in the
minute entry filed November 7, 2022 minute entry. The Court was not inviting a cut-and-paste of
substantial portions of the stricken pleadings, which the Court found confusing and nonresponsive.
Mr. Urbano filed a “cross-motion” within the body of his Response, which Judge Smith expressly

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/23/2023

Docket Code 019
Form V000A
Page 2

prohibited in his minute entry filed November 6, 2020, in the fourth full paragraph on page 4.
Separate and apart from being prohibited, even if treated as a valid motion, it was untimely and
not filed within the deadline for filing a Motion for Summary Judgment.

Compliance with the Arizona Rules of Civil Procedure

The Court finds that the November 18, 2022 Response and Controverting Statement of
Fact do not comply with the Arizona Rules of Civil Procedure. Specifically, Mr. Urbano failed to
comply with Rule 56(c)(3)(B) of the Arizona Rules of Civil Procedure.

Material Facts that Defendant does not Address or Dispute

Mr. Urbano did not address or dispute the facts set forth in Plaintiff LEHA’s Statement of
Facts. They include: a) Defendant is a member of the Association and is bound by a contract in
the form of the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”), as referenced
in Plaintiff’s SOF ¶1-6; b) The CC&Rs create a a lien obligation and a personal obligation for
Each Owner, as referenced in Plaintiff’s SOF ¶5; c) Defendant is personally and contractually
obligated to pay the Association assessments and other related charges, as referenced in Plaintiff’s
SOF ¶5; d) No owner may be exempt from the payment of Assessments, as referenced in Plaintiff’s
SOF ¶5; and Defendant has failed to pay the Association the Assessments and other related
charges.

Mr. Urbano believes that in spite of the facts set forth above, he has an Order from the
Kyrene Justice Court that relieves him of his obligations under the CC&Rs. The Court sees no
such language that would lead one to reach that conclusion. Even if such language were to be
found in the Order, the Kyrene Justice Court does not have jurisdiction to issue an Order that fits
Mr. Urbano’s interpretation of the Order.

Legal Analysis

Mr. Urbano places weight on a series of orders entered in 2014 in Kyrene Justice Court but
does not address the arguments raised by opposing counsel.

A Justice Court’s jurisdiction is only as affirmatively conferred on them by law, per A.R.S.
§22-201(A). If there is no statute to confer jurisdiction, then the Justice Court’s orders would be
void, not merely voidable. Secure Ventures, LLC v. Gerlach in and for County of Maricopa, 249
Ariz. 97, 466 P.3d 97 (App. 2020). In this case, the applicable statute, A.R.S. §22-201(D) should
have prompted the Justice of the Peace to either limit the orders to monetary damages, or should
have forwarded it to the superior court if the parties were to address liens and assessments. A
judgment or order is void if the court lacked jurisdiction over the subject matter, over the person,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/23/2023

Docket Code 019
Form V000A
Page 3

or over the particular judgment entered. Master Financial Inc. v. Woodburn, 208 Ariz. 70, 90 P.3d
1236(App. 2004). Subject matter jurisdiction, or lack thereof, may be raised at any time to set
aside a void judgment. Secure Ventures LLC v. Gerlach, 249 Ariz. 97, 101, 466 P.3d 874, 878
(App. 2020).

Mr. Urbano references a settlement agreement that allegedly corroborates the excessive
orders erroneously entered at the Kyrene Justice Court, but no such document has ever been
presented. From the record, it is not at all clear whether the Justice of the was trying to track
language from a settlement agreement, or just winging it. In any event, those orders are void.

As to breach of contract, the Court finds that there are disputed issues of fact regarding the
defense of laches. This ruling does not impact present and future obligations under the CC&Rs,
as the void judgments will be set aside.

IT IS ORDERED denying the Motion for Summary Judgment on the Breach of Contract
claim.

IT IS FURTHER ORDERED granting the Motion for Summary Judgment seeking
Declaratory Relief, setting aside the orders entered May 15, 2014 by the Kyrene Justice Court in
CC2013-202252RC, which was transmitted to the Court and is part of the record in this case.

IT IS FURTHER ORDERED striking the Cross-Motion for Summary Judgment.

01/25/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/25/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

01/27/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/25/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
DOCKET CV TX
EDM-QC-CCC
JUDGE RYAN
MEEDS ADMINISTRATOR

MINUTE ENTRY

A clerical error having been made in that an incomplete minute entry was filed,

IT IS ORDERED deleting the Minute Entry with case number CV2020-001651, dated
January 23, 2023 and filed on January 24, 2023, with docket code 926, it its entirety and said
Minute Entry is considered null and void.

IT IS FURTHER ORDERED that EDM-QC shall remove the Minute Entry form the
Clerk’s Office Docket and OnBase System.

IT IS FURTHER ORDERED that that the MEEDS Administrator shall remove the
Minute Entry from the Clerk’s Office minute entry web site.

01/26/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court previously read and considered Third-Party Defendant Lakewood Community
Association’s (LCA)Motion for Summary Judgment filed July 2, 2022, Third-Party Plaintiff
Urbano’s Response filed August 12, 2022, Third Party Defendant’s Reply filed September 1, 2022,
the accompanying Statements of Fact, and the argument of counsel. The Court struck Mr. Urbano’s
Response and Statements of Fact in this and two other pending motions, for the reasons set forth
in its minute entry filed November 7, 2022. Notwithstanding the non-compliance, the Court gave
Mr. Urbano another opportunity to file a new Response and Controverting Statement of Fact, and
an opportunity for LCA to file a supplemental Reply.

Compliance with Court Orders

The Court finds that the November 18, 2022 Response and Controverting Statement of
Facts do not comply with prior court orders. The Court incorporates by reference its findings as to
Plaintiff Lakewood Estate’s Motion for Summary Judgment in the prior minute entry on this issue.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 926
Form V000A
Page 2

Compliance with the Arizona Rules of Civil Procedure

Matter Addressed in LCA’s Motion for Summary Judgment

This litigation stems from a dispute as to whether Mr. Urbano had a valid set of orders that
precluded him from meeting any of his obligations as a member of the Homeowners’ Association.
The Court found in a related summary judgment ruling that the 2014 orders from Kyrene Justice
Court are void.

Legal Analysis

LCA argues that summary judgment is warranted on all the claims in the Third-Party
Complaint. The Court will address them separately.

Counts One, Two and Eight

LCA argued that Count One: Breach of Contract, Count Two: Breach of the Duty of Good
Faith and Fair Dealing, and Count Eight: Accounting warrant entry of summary judgment given
the insufficiency of the evidence supporting those allegations. Mr. Urbano made no responsive
argument or analysis as to Counts One, Two and Eight in his Response filed August 12, 2022, and
the Court did not recall Mr. Urbano’s counsel offering clarification to the Court that these did not
apply to LCA at the time of oral argument. In the November 18, 2022 Response, Mr. Urbano
indicated that Count One, Two and Eight do not apply to LCA. Since they do not apply to LCA
summary judgment is not appropriate.

Count Three: Abuse of Process

Mr. Urbano made a claim that LCA, under the theory of respondeat superior for its agent
Ms. Smith engaged in conduct constituting Abuse of Process when multiple notices were
forwarded to Mr. Urbano that he was in violation of his CC&R responsibilities for nonpayment of
his HOA obligations. Mr. Urbano also alleged that Ms. Smith calling police in response to Mr.
Urbano’s behavior toward Ms. Smith, and when LCA initiated prior litigation against Mr. Urbano.
The conduct complained of occurred in July 2014.

LCA argues summary judgment should be entered on this claim for several reasons: 1) it
is time barred under A.R.S. §12-542, and 2) calling and interacting law enforcement about

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 926
Form V000A
Page 3

disruptive behavior cannot constitute abuse of process, citing Fappani v. Bratton, 243 Ariz. 306,
407 P.3d 78 (App. 2017). Mr. Urbano fails to respond to either argument, fails to explain why the
cited statute and caselaw are distinguishable or otherwise inapplicable, and provides to legal
authority in support of his non-responsive position.

Count Four: Harassment

Mr. Urbano concedes that Count Four cannot stand as an actionable claim.

Count Five: Defamation

Mr. Urbano fails to respond to LCA’s arguments on this count, fails to explain why the
cited caselaw is distinguishable or otherwise applicable, and provides no legal authority to support
his non-responsive position. It appears that Mr. Urbano has conceded that this can no longer stand
as an actionable claim.

Count Six: Negligent Infliction of Emotional Distress

In support of his opposition to entry of summary judgement on this count, Mr. Urbano cites
the RAJI (Civil)5th Negligence 8 in support of his opposition to entry of summary judgment on
this count. The Court agrees with LCA that this instruction would not apply to the allegation found
in Mr. Urbano’s Amended Third Party Complaint, nor to the argument Mr. Urbano makes on this
point. The Court finds no evidence of negligence, no evidence that the actions created an
unreasonable risk of bodily harm, and no medical evidence regarding causation. Mr. Urbano fails
to explain why LCA’s cited case law is distinguishable or otherwise inapplicable and cites an
inapplicable jury instruction in support of his opposition to entry of summary judge on this count.

Count Seven: Intentional Infliction of Emotional Distress

The Court has no evidence that the actions complained of were extreme or outrageous,
lacks any evidence regarding medical causation, fails to explain why LCA’s cited authorities are
distinguishable or otherwise inapplicable.

Count Nine: Punitive Damages

Punitive damages cannot not be a cause of action standing on its own. It is a type of
damages that may attach to a cause of action if warranted by the evidence.

IT IS FURTHER ORDERED granting the Motion for Summary Judgment on Counts
Three, Four Five, Six, Seven, and Nine.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 926
Form V000A
Page 4

IT IS FURTHER ORDERED striking the Cross-Motion for Summary Judgment
contained in Mr. Urbano’s original Response.

01/26/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court previously read and considered Third-Party Defendant Lakewood Estates
Homeowners Association’s (LEHA)Motion for Summary Judgment filed July 1, 2022, Third-
Party Plaintiff Urbano’s Response filed August 16, 2022, Third Party Defendant’s Reply filed
September 2, 2022, the accompanying Statements of Fact, and the argument of counsel. The Court
struck Mr. Urbano’s Response and Statements of Fact in this and two other pending motions, for
the reasons set forth in its minute entry filed November 7, 2022. Notwithstanding the non-
compliance, the Court gave Mr. Urbano another opportunity to file a new Response and
Controverting Statement of Fact, and an opportunity for HELA to file a supplemental Reply.

Compliance with Court Orders

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 019
Form V000A
Page 2

Compliance with the Arizona Rules of Civil Procedure

Matter Addressed in HELA’s Motion for Summary Judgment

Legal Analysis

HELA argues that summary judgment is warranted on all the claims in the Third-Party
Complaint. The Court will address them separately.

Count One: Breach of Contract

Mr. Urbano alleges that the actions complained of violated a “confidential settlement
agreement” but has not provided any credible evidence that such an agreement ever occurred. The
Court will grant summary judgment on this count and wishes to clarify it ruling on HELA’s request
for summary judgment for breach on contract in its complaint.

The Court is not aware of HELA’s specific efforts to enforce Mr. Urbano’s contractual
obligations to pay his fair share of the HOA dues required of every HOA member, and could not
tell the time frame of nonpayment which HELA seeks to enforce. As to monies due and owing
close in time to the void 2014 orders from the Justice Court, laches may occur. As to HELA seeking
contractual recovery and the declaratory relief, the Court opines that the initiation of this action
made obvious Mr. Urbano’s contractual obligations to pay HOA dues, but is not clear on what
happened between the void orders of the Kyrene Justice Court in 2014 and the initiation of these
proceedings. That is the limited significance of referencing laches.

Count Two: Breach of the Duty of Good Faith and Fair Dealing

There is no credible evidence that a confidential settlement agreement ever existed.
Defendant fails to articulate what damages, if any, stem from this allegation. Summary judgment
is appropriate as to Count Two.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/26/2023

Docket Code 019
Form V000A
Page 3

Count Three: Abuse of Process

The Court finds that reasons for entry of judgment in favor of Lakewood Community Association
(LCA) generally apply to HELA sufficient for entry of summary judgment.

Count Four: Harassment

Mr. Urbano fails to articulate an actionable claim factually and legally.

Count Five: Defamation

Mr. Urbano fails to respond to HELA’s arguments on this count, fails to explain why the
cited caselaw is distinguishable or otherwise applicable, and provides no legal authority to support
his non-responsive position.

Count Six: Negligent Infliction of Emotional Distress

The Court finds no evidence of negligence, no evidence that the actions created an
unreasonable risk of bodily harm, and no medical evidence regarding causation. Mr. Urbano fails
to explain why HELA’s cited case law is distinguishable or otherwise inapplicable.

Count Seven: Intentional Infliction of Emotional Distress

The Court has no evidence that the actions complained of were extreme or outrageous,
lacks any evidence regarding medical causation, fails to explain why HELA’s cited authorities are
distinguishable or otherwise inapplicable.

Count Eight: Accounting

The Court has no facts or applicable for Mr. Urbano’s purported cause of action for
“accounting.”

Count Nine: Punitive Damages

Punitive damages cannot not be a cause of action standing on its own. It is a type of
damages that may attach to a cause of action if warranted by the evidence.

IT IS ORDERED granting the Motion for Summary Judgment on Counts One, Two,
Three, Four Five, Six, Seven, Eight and Nine.

01/27/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/27/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

01/27/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
DOCKET CV TX
EDM-QC-CCC
JUDGE RYAN
MEEDS ADMINISTRATOR

MINUTE ENTRY

IT IS ORDERED correcting the minute entry dated January 25, 2023 and filed January
27, 2023, with docket code 023, to indicate the file date of January 25, 2023 instead of January 24,
2023.

To further clarify and specify, the sentence shall read:

IT IS ORDERED deleting the Minute Entry with case number CV2020-001651, dated
January 23, 2023 and filed on January 25, 2023, with docket code 926, it its entirety and said
Minute Entry is considered null and void.

The balance of the minute entry remains unchanged.

The minute entry dated January 25, 2023 is available for viewing at:
http://www.courtminutes.maricopa.gov.

02/06/2024 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/06/2024 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

02/07/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/06/2024

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
A. Hayes

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court has considered Defendant’s Motion for Attorney Fees and Costs, the related
pleadings, and the argument of counsel.

This
is
an
action
arising
out
of
a
purported
contract,
which
entitles
Plaintiff/Counterdefendant to apply for an award of attorney’s fees. Lacer v. Navajo County, 141
Ariz. 392, 394, 687 P.2d 400, 402 (App. 1984) (“A party is entitled to an award of its attorney's
fees under A.R.S. §12–341.01 if judgment in its favor is based upon the absence of the contract
sued upon by the adverse party”). The Court has considered the recent discovery, during the last
oral argument, that it was Mr. Urbano that recommended criminal defense attorney Greg Clark to
represent the Plaintiff/Counterdefendant in his ongoing dispute with Plaintiff’s HOA Board. Mr.
Urbano and Mr. Clark practiced almost exclusively in the criminal defense in the Phoenix
metropolitan area. What good reason can the Court attribute to Mr. Urbano’s offer of a criminal
defense attorney to represent the Board against a fellow criminal defense attorney? The Court now
appreciates why the “settlement” contained such favorable terms for Mr. Urbano, such unfavorable
terms for the Board, and why Mr. Clark violated his ethical and professional responsibilities to his
client, the Plaintiff/Counterdefendant.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/06/2024

Docket Code 926
Form V000A
Page 2

Turning to the Application for Attorney Fees and Costs, the Court finds that the hourly rate
was reasonable, the work expended was reasonably calculated to provide thorough, competent
representation, and the costs were necessary. As to the overall amount, Mr. Urbano complains that
the attorney fees and costs requested are unreasonable excessive considering the original amount
in controversy.

The Court disagrees for several reasons. First, Mr. Urbano’s contention was that he could
extract the benefits of being an HOA resident, but not have to pay one penny toward his HOA
dues, let alone his contractually obligation HOA assessments. Second, the HOA Board could
possibly face other HOA residents deciding not to pay and pointing to Mr. Urbano, saying, “If Mr.
Urbano’s contract means nothing, why should I have to pay?” Third, he was contractually
obligated to pay, notwithstanding the “agreement” worked out between himself and a fellow
criminal defense attorney, disbarred attorney Greg Clark, an agreement that showered benefits on
Mr. Urbano while stripping his own client of the contractually negotiated obligations Mr. Urbano
owed under the HOA agreement.

IT IS ORDERED granting Plaintiff’/Counterdefendant’s Motion for Attorney Fees and
Costs.

IT IS FURTHER ORDERED that Plaintiff/Counterdefendant shall submit a Judgment
for this Court’s review and signature, and shall include the exact amount of Attorney Fees and
Costs in its body, as well as 54(c) language for the Court’s consideration.

02/08/2022 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/08/2022 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

02/09/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/08/2022

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE J. SMITH

MINUTE ENTRY

Pursuant to the parties’ Fourth Scheduling Order granted by the Court,

IT IS ORDERED vacating the telephonic Trial Setting Conference for the purpose of
assigning a trial date, set on March 7, 2022 at 8:30 a.m., and resetting same to July 18, 2022 at
9:00 a.m. (15 minutes reserved) before:

HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
(602) 372-5945

Counsel/parties shall have their trial calendars available for the conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/08/2022

Docket Code 083
Form V000A
Page 2

NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division promptly at the scheduled time.

Counsel shall consider the following in advising the Court how many days are
necessary for trial. Trial is held Monday through Thursday from 9:30 a.m. to 4:30 p.m.,
with a mid-morning and mid-afternoon break. Each trial day is budgeted to be 4.5 hours of
actual in court time, exclusive of breaks and bench conferences. The Court reserves for itself
one day for its portion of voir dire, reading preliminary and final jury instructions, and for
jury deliberations. The parties will split the remaining time for each party's portion of voir
dire, opening statements, witness examinations, and closing arguments. The Court uses a
timer to keep track of your time.

The “further orders” in prior scheduling orders remain in effect.

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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

02/09/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/09/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

02/13/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/09/2023

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court has received and review Plaintiff’s Motion To Reconsider and Plaintiff’s
Request For Status Conference both filed February 3, 2023. Accordingly,

IT IS ORDERED that Defendant file a Response to Plaintiff’s Motion to Reconsider.

IT IS FURTHER ORDERED granting Plaintiff’s Request For Status Conference filed
February 3, 2023 and setting a Status Conference on February 22, 2023 at 9:30 a.m. (time
allotted: 15 minutes) in this division.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet, or smartphone.

Click here to join the meeting
www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/09/2023

Docket Code 028
Form V000A
Page 2

+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

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.

The Arizona Constitution requires the Arizona Commission on Judicial
Performance Review to conduct performance evaluations of superior court judges.
The Commission is asking for your help to evaluate Maricopa County Superior
Court judges currently undergoing performance review. After your hearing, if the
judge you are in front of is undergoing review, a survey will either be given to you
by court staff or will be emailed to you and you can take the survey online. The
survey is conducted by the Docking Institute of Public Affairs at Fort Hays State
University and is anonymous and confidential. Your participation in the review
process is important! More information on Judicial Performance Review can be
found at www.azjudges.info.

La Constitución de Arizona exige que la Comisión de la Evaluación del Desempeño
Judicial realice evaluaciones de desempeño de los jueces de los tribunales
superiores. La comisión pide su ayuda para evaluar a los jueces del Tribunal
Superior del Condado de Maricopa a quienes actualmente se les está evaluando su
desempeño. Después de su audiencia, si el juez frente a usted está siendo revisado,
el personal de la corte le entregará una encuesta o se le enviará por correo
electrónico y usted puede realizar la encuesta en línea. La encuesta es realizada por
el Docking Institute of Public Affairs de la Fort Hays State University y se mantiene
anónima y confidencial. ¡Su participación en el proceso de la evaluación es
importante! Para obtener más información sobre la evaluación del desempeño
judicial, diríjase a www.azjudges.info.

02/22/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/22/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

02/24/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/22/2023

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
K. Chocoj/S. Dickinson

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

East Court Building - Courtroom 814

9:31 a.m. This is the time set for a Status Conference. Plaintiff Lakewood Estates
Homeowners Association is represented by counsel, Quinten Cupps. Defendant/Counterclaimant
Michael Urbano is represented by counsel, Ernest Collins. Third Party Defendant Lakewood
Community Association is represented by counsel, Andrew Apocada. All parties appear virtually
and/or telephonically via Court Connect/Microsoft Teams.

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

Discussion is held regarding the status of the case.

Based on the discussion held,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/22/2023

Docket Code 094
Form V000A
Page 2

Counsel for Plaintiff shall submit a Response to Plaintiff’s Motion to Reconsider and file
a Motion for Consideration to Grant Summary Judgment for Defendant Lakewood Community
Association by March 24, 2023.

Counsel for Michael Urbano shall submit a written response to Motion for
Reconsideration to be filed by April 14, 2023.

IT IS ORDERED setting Oral Argument on April 21, 2023, at 10:00 a.m. (time
allotted: 2 hours) in this division regarding Plaintiff’s Motion to Reconsider, filed February 3,
2023.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

9: 48 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

02/22/2023

Docket Code 094
Form V000A
Page 3

by court staff or will be emailed to you and you can take the survey online. The
survey is conducted by the Docking Institute of Public Affairs at Fort Hays State
University and is anonymous and confidential. Your participation in the review
process is important! More information on Judicial Performance Review can be
found at www.azjudges.info.

La Constitución de Arizona exige que la Comisión de la Evaluación del
Desempeño Judicial realice evaluaciones de desempeño de los jueces de los
tribunales superiores. La comisión pide su ayuda para evaluar a los jueces del
Tribunal Superior del Condado de Maricopa a quienes actualmente se les está
evaluando su desempeño. Después de su audiencia, si el juez frente a usted está
siendo revisado, el personal de la corte le entregará una encuesta o se le enviará por
correo electrónico y usted puede realizar la encuesta en línea. La encuesta es
realizada por el Docking Institute of Public Affairs de la Fort Hays State University
y se mantiene anónima y confidencial. ¡Su participación en el proceso de la
evaluación es importante! Para obtener más información sobre la evaluación del
desempeño judicial, diríjase a www.azjudges.info.

03/27/2024 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 03/27/2024 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

03/28/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

03/27/2024

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
A. Hayes

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court has received and reviewed Plaintiff/Counterdefendant/Third Party Defendants
Notice of Lodging and Proposed Form of Judgments, filed February 8, 2024.

Good cause appearing,

IT IS ORDERED approving and settling the formal written Judgments against
Defendant/Counterclaimant/Third Party Plaintiff, Michael A. Urbano, signed by the Court March
4, 2024, and filed (entered) by the Clerk March 27, 2024.

It is important that counsel and self-represented parties read the Judgment that the
Court signed. The Court may have made changes to the Judgment that the parties
submitted.

NOTE: The Court has signed a hard-copy version of the Judgment provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. After the Judgment has been scanned and docketed

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

03/27/2024

Docket Code 049
Form V000A
Page 2

by the Clerk of Court, copies of this order may be available through ECR Online at
www.clerkofcourt.maricopa.gov or through www.AZTurboCourt.gov and from the Public Access
Terminals at the Clerk of Court’s offices located throughout Maricopa County.

04/21/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 04/21/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

04/25/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
N. Johnson

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
COLE CUMMINS
ANDREW APODACA
JUDGE RYAN

MINUTE ENTRY

East Court Building – Courtroom 814

10:00 a.m. This is the time set for a virtual Oral Argument via Court Connect regarding
Plaintiff’s Motion for Reconsideration, filed February 3, 2023. Plaintiff/Counterdefendant,
Lakewood Estates Homeowners Association, is represented by counsel, Quinten T. Cupps and
Cole Cummins. Defendant/Counterclaimant/Third Party Plaintiff, Michael A. Urbano, is
represented by counsel, Ernest Collins, Jr. Third Party Defendant, The Lakewood Community
Association, is represented by counsel, Andrew Apocada. The parties appear virtually.

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

Oral argument is presented.

For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 2

IT IS ORDERED taking this matter under advisement.

Discussion is held regarding the status of the case and the setting of a trial date.

For the reasons stated on the record,

IT IS ORDERED setting a Status Conference on July 27, 2023 at 8:30 a.m. (time
allotted: 15 minutes) in this division regarding the Rule 54(b) Judgment.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

IT IS FURTHER ORDERED setting this matter for a 3-Day Trial to a Jury commencing
on April 29, 2024 at 9:00 a.m. in this division before:

HONORABLE TIMOTHY RYAN
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON STREET
8th FLOOR-COURTROOM 814
PHOENIX, AZ 85003
(602) 372-3081

NOTE: This is a firm trial setting. Motions to continue based on lack of preparation will
ordinarily not be granted. Trial will not proceed on Fridays as Fridays are law and motion days
for this division.

The trial days are as follows: April 29, 30 and May 1, 2024.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 3

Trial days are normally Monday through Thursday from 9:30 a.m. to 12:00 p.m. and 1:30
p.m. to 4:30 p.m., with a mid-morning and mid-afternoon break.

Note that the Court reserves for itself one day for jury selection, preliminary and final
instructions, and jury deliberations.

IT IS FURTHER ORDERED setting a Final Trial Management Conference on April
15, 2024 at 8:30 a.m. (time allotted: 30 minutes) in this division.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

10:29 a.m. Matter concludes.

Based upon the foregoing trial setting,

DUTIES PRIOR TO FINAL TRIAL MANAGEMENT CONFERENCE

A Joint Pretrial Statement (“JPTS”) must be filed no later than April 5, 2024. Plaintiff
must deliver its portions of the JPTS to all other parties at least 20 days before the due date;
all other parties must deliver their portions no later than 15 days before the due date. Ariz.
R. Civ. P. 16(f)(1).1 In addition to the materials required by Arizona Rule of Civil Procedure
16(f)(2), counsel shall meet before the Final Trial Management Conference to discuss and prepare
the following, which shall be filed with or included in the JPTS:

A.
Proposed voir dire questions.

1 The Court stresses the importance of the JPTS and the lawyers’/parties’ obligations to cooperate
in preparing it without gamesmanship or delay. If necessary, the Court will hold telephonic or in-
person hearings with lead trial counsel to address delays preparing the JPTS.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 4

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 Statement of Purpose and Approach before
requesting
non-RAJI
instructions.)
Recommended
Arizona
Jury
Instructions (RAJI (Civil)) need not be retyped but you may list them 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 OR MODIFIED RAJI INSTRUCTIONS must be typed in
Word format, numbered consecutively, one per page, with legal authority
in support of the instruction. A thumb drive with, or emailed version of,
any non-RAJI or modified RAJI instructions shall be provided to this
Division.

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

E.
A stipulated summary of the case for the court to read during voir dire. If
the parties cannot agree, then provide separate summaries. The Court
encourages counsel in the strongest terms to agree on a non-evocative
summary.

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 under Arizona Rule of Civil Procedure 32(a), together with any
testimony to be offered by an opposing/other party. Any objection not
included is waived. Jurors generally prefer narrative summaries or brief
excerpts of questions and answers, so the parties should confer and prepare
agreed-upon summaries. The order after the trial management conference

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 5

will include a protocol for providing these deposition transcripts to the
Court.

G.
A sequentially numbered list of all marked exhibits containing a brief
description of each exhibit and any objections. Any objection not included
is waived. Catchall exhibit categories (e.g., “all disclosure statements,” “all
pleadings in this matter”) are improper.

H.
A single list in Word format of the names of the parties, party
representatives, potential witnesses, experts, and any other person the
parties want the Court to determine if potential jurors know. List the names
in alphabetical order. Counsel must cooperate to create the list; do not
provide separate lists. The parties must deliver this list to this division no
later than 8:30 a.m. the morning of the Final Trial Management Conference.
The Court will read this list to the panel during voir dire.

At the Final Trial Management Conference, counsel and any self-represented party
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.
Motions in limine; and

H.
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)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 6

PLEASE READ CAREFULLY THE FOLLOWING DUTIES PRIOR TO TRIAL

Discovery Disputes:

If a discovery dispute needs judicial intervention, the parties must first meet and confer
(telephonically, if not in person). Absent resolution, counsel must jointly call Judicial Assistant,
Brittany Sarracino at 602-372-3801 and obtain a date and time for a telephonic conference. The
JA will try to set a time within the next five judicial days. You must file a statement of the issue
and your position, not to exceed three pages (1.5 pages per side). If a written discovery request is
involved, such as an interrogatory or request for production, provide the discovery request and
response. [This differs from Rule 26(d)(2).] Email this submission to Judicial Assistant, Brittany
Sarracino
at
least
two
judicial
days
before
the
conference
at:
[email protected]

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.” Do not file motions denominated as “in limine” that are
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
five pages, including the caption. Motions in limine must 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 address 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 the Court will grant a
motion in limine. 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. 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: File motions in limine in accordance with Arizona Rule of Civil Procedure
7.2. Before filing any motion in limine, the parties must meet and confer to attempt to resolve the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 7

issues. Motions in limine must include a certification that counsel conferred at least
telephonically, if not in person.

3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. Responses are due 15 days after service (no added mail time), and 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) 372-3801or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.

Trial Exhibits:

This division is piloting Case Center, a state-wide electronic exhibit portal. All exhibits
should be electronically submitted through Case Center. When the case has been initiated by the
Clerk of Court, the attorney of record and any self-represented party will receive an email
invitation to the case created in Case Center. The attorney of record is responsible for inviting
through Case Center any co-counsel or staff who need access to the case.

Counsel and any self-represented party shall upload all trial exhibits to Case Center no
later than 3:00 p.m. on April 12, 2024.

For uploading exhibits to Case Center, please adhere to the following guidelines:

1. Exhibits must be appropriately titled. Any exhibit title containing derogatory or prejudicial
information will be renamed by the Clerk.

2. Do not put exhibit numbers in your exhibit titles. Case Center will assign an exhibit number
to each exhibit upon upload, and will number Plaintiff’s exhibits and Defendant’s exhibits
separately (e.g., Plaintiff’s exhibit 1; Defendant’s exhibit 1, etc.).

3. Do not submit duplicate exhibits. It is essential that the parties confer to avoid
submitting duplicate exhibits.

4. Original Depositions will not be marked as an exhibit. Original depositions to be used for
impeachment purposes shall be provided in paper form to the Clerk on the first day of the
hearing/trial to be hand-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 8

5. If large charts or blow-ups are anticipated to be used, please include a small version (or
photo) which can be marked as the exhibit. The charts and blow-ups are used for
demonstrative purpose only, are not marked as the exhibits, and are returned.

The Court, Clerk, and all counsel and self-represented parties will have access to the
exhibits through Case Center. The Court will not have paper copies of exhibits available for
witnesses. Counsel may use the Case Center presentation software or may use their own trial
presentation software to present exhibits to witnesses and the jury, as long as counsel can avow
that the exhibits they present are true and accurate copies of the Court’s exhibits. These matters
will be discussed further at the Final Trial Management Conference.

Further information about Case Center and training materials can be found at:
https://www.azcourts.gov/digitalevidence/Digital-Evidence-Information
For additional assistance in preparation of exhibits contact the Courtroom Clerk at: (602)
372-1153.

Miscellaneous Issues:

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

If you ever email this division, you must copy all parties involved in the case.

NOTE: The Arizona Constitution requires the Arizona Commission on Judicial
Performance Review to conduct performance evaluations of superior court judges. The
Commission is asking for your help to evaluate Maricopa County Superior Court judges currently
undergoing performance review. After your hearing, if the judge you are in front of is undergoing
review, a survey will either be given to you by court staff or will be emailed to you and you can
take the survey online. The survey is conducted by the Docking Institute of Public Affairs at Fort
Hays State University and is anonymous and confidential. Your participation in the review process
is important! More information on Judicial Performance Review can be found at
www.azjudges.info.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 9

NOTE: La Constitución de Arizona exige que la Comisión de la Evaluación del
Desempeño Judicial realice evaluaciones de desempeño de los jueces de los tribunales superiores.
La comisión pide su ayuda para evaluar a los jueces del Tribunal Superior del Condado de
Maricopa a quienes actualmente se les está evaluando su desempeño. Después de su audiencia, si
el juez frente a usted está siendo revisado, el personal de la corte le entregará una encuesta o se le
enviará por correo electrónico y usted puede realizar la encuesta en línea. La encuesta es realizada
por el Docking Institute of Public Affairs de la Fort Hays State University y se mantiene anónima
y confidencial. ¡Su participación en el proceso de la evaluación es importante! Para obtener más
información sobre la evaluación del desempeño judicial, diríjase a www.azjudges.info.

ATTACHED: Witness Information Form

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

04/21/2023

Docket Code 089
Form V000A
Page 10

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

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.

05/03/2021 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/03/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

05/05/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

JUDGE J. SMITH

MINUTE ENTRY

Pursuant to the parties’ Second Scheduling Order granted by the Court,

IT IS ORDERED vacating the telephonic Trial Setting Conference for the purpose of
assigning a trial date, set on May 4, 2021 at 8:30 a.m., and resetting same to December 16, 2021
at 8:45 a.m. (15 minutes reserved) before:

HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
(602) 372-5945

Counsel/parties shall have their trial calendars available for the conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 083
Form V000A
Page 2

PRETRIAL ORDERS

Discovery Disputes:

If a discovery dispute needs judicial intervention, the parties must first meet and confer
telephonically, if not in person. Counsel (or a self-represented litigant) must together call my
Judicial Assistant (“JA”), and obtain a date and time for a telephonic conference. My JA will try
to set a time within the next five judicial days. You must file a statement of the issue and your
position, not to exceed three pages (1.5 pages per side). If a written discovery request is involved,
such as an interrogatory or request for production, provide the discovery request and response.
[This differs from Rule 26(d)(2).] Email this submission to my JA at least two judicial days before
the conference at: ([email protected]).

Motion Practice:

Do not combine requests for relief. (Responses, replies, cross motions, etc., must be filed
separately).

A proposed order/judgment must be attached as a Word doc. using the proper turbo court
code. All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a
proposed order. If your system is not allowing you to attach a Word order, you must email a copy
to my JA.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 083
Form V000A
Page 3

are asking for a shortened briefing schedule and when you need a ruling. 4. The Court will review
your request and email all parties with a briefing schedule if necessary.

If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.

Unless another order in this case establishes an earlier deadline, the deadline for filing a
summary judgment motion is approximately 150 days before trial. No modification, including a
stipulated modification, of this deadline will be honored absent a motion explaining why the 150-
day deadline is impractical in the circumstances.

Daubert Motions:

The deadline for any motion brought for a Daubert hearing or brought under Arizona Rule
of Evidence 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
Arizona Rule of Evidence 702.

Disclosure Motions:

All motions to exclude untimely- or improperly-disclosed information or arguments are
due 28 days after that untimely or improper disclosure. See Ariz. R. Civ. P. 37(c). Motions to
exclude an expert as violating the one-expert-per-issue rule are due 28 days after the allegedly-
duplicative opinion is disclosed (whether in a disclosure statement, deposition, etc.). See Ariz. R.
Civ. P. 26(b)(4)(F). You must meet and confer before filing such motions.

Motions for Summary Judgment:

Follow Arizona Rule of Civil Procedure 5.2(B)(1)(b), which requires 13 point font in text
and footnotes. The Court rarely grants motions to exceed page limits as well. Separate statements
of fact under Arizona Rule of Civil Procedure 56(c)(3) cannot exceed 12 pages, excluding exhibits.

The Court presumptively limits each party to one motion for summary judgment. That
party must include all arguments regarding summary judgment regarding a claim or defense (or
part of a claim or defense) in that motion. If a party believes that he/she/it cannot address all issues
in the 17-page limit, then he/she/it must seek leave to file an oversize brief before filing the motion
for summary judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 083
Form V000A
Page 4

The parties must exchange letters of two pages or fewer at least 30 days before filing a
motion for summary judgment. Those letters will describe any anticipated motions for summary
judgment and responses, identifying the issues and claims on which a party will seek summary
judgment. The purpose is to narrow issues, focus briefing, and perhaps eliminate the need for
separate statements of fact. If a party does not anticipate filing such a motion, then he/she/it will
send correspondence noting that fact.

The Court prohibits “cross-motions” or “counter-motions” for summary judgment. [See
above regarding the prohibition on combining requests for relief.] If a party believes that he/she/it
is entitled to judgment as a matter of law, then he/she/it must file a motion for summary judgment
on the claim or defense (or part of a claim or defense) by the dispositive motion deadline. Raising
the request for relief in a response to the opponent’s motion is an untimely motion for summary
judgment. Although this order appears under the heading of motions for summary judgment, it
applies equally to other motions (e.g., do not file a “cross-motion” to compel in response to your
opponent’s motion for protective order).

Miscellaneous Issues:

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

If you ever email this division, you must copy all parties involved in the case.

NOTE: The Arizona Constitution requires the Arizona Commission on Judicial
Performance Review to conduct performance evaluations of superior court judges. The
Commission is asking for your help to evaluate Maricopa County Superior Court judges currently
undergoing performance review. After your hearing, if the judge you are in front of is undergoing
review, a survey will be emailed to you and you can take the survey online. The survey is
conducted by the Docking Institute of Public Affairs at Fort Hays State University and is
anonymous and confidential. Your participation in the review process is important! More
information on Judicial Performance Review can be found at www.azjudges.info.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 083
Form V000A
Page 5

La Constitución de Arizona exige que la Comisión de la Evaluación del Desempeño
Judicial realice evaluaciones de desempeño de los jueces de los tribunales superiores. La comisión
pide su ayuda para evaluar a los jueces del Tribunal Superior del Condado de Maricopa a quienes
actualmente se les está evaluando su desempeño. Después de su audiencia, si el juez ante el cual
comparece está sometido a una evaluación se le enviará por correo electrónico una encuesta que
usted podrá tomar por Internet. La encuesta es realizada por el Docking Institute of Public Affairs
de la Fort Hays State University y se mantiene anónima y confidencial. ¡Su participación en el
proceso de la evaluación es importante! Para obtener más información sobre la evaluación del
desempeño judicial, diríjase a www.azjudges.info.

05/03/2021 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/03/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

05/04/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/03/2021

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

JUDGE J. SMITH

MINUTE ENTRY

The Court received Defendant/Counterclaimant’s Motion for Leave to File First Amended
Verified Counterclaim and Third Party Complaint (filed 04/05/2021). Plaintiff did not
respond. Defendant’s counsel did not provide a proposed form of order.

IT IS ORDERED granting the Motion. Defendant/Counterclaimant must file his
amended pleading within 10 days of the Clerk entering this order. Any existing party that has
appeared will have 10 days after service to respond to the amended pleading. Any newly added
party will have the time the rules allow to respond following service.

05/12/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/12/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

05/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

05/12/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
Y. Rodriguez

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
ELECTRONIC RECORD SERVICES
JUDGE RYAN

MINUTE ENTRY

IT IS ORDERED requesting the DVD and transcript of the hearing held on April 21,
2023, at 10:00 a.m., in Judge Timothy Ryan’s courtroom, East Court Building, Suite 814 and
directing that the cost of the transcript be paid out of the Superior Court’s budget.

06/07/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 06/07/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

06/08/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

06/07/2023

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
B. Lopez-Mori

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

UNDER ADVISEMENT RULING

The Court has considered Defendant’s Motion for Reconsiderations, the responses, and the
argument of counsel.

Motions for reconsideration are disfavored. See e.g., Motorola, Inc. v. J.B. Rodgers Mech.
Contractors, Inc, 215 F.R.D. 581, 582 (D. Ariz. 2003). They are to be granted only in highly
unusual circumstances. See e.g., Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). A motion
for reconsideration will be denied unless there is a showing of new facts or legal authority that,
despite reasonable diligence, could not have been brought to the court’s attention before its
decision. Motorola, 215 F.R.D. at 586; see generally Lemons v. Superior Court, 141 Ariz. 502,
504, 687 P.2d 1257, 1259 (1984) (stating that the reconsideration of a ruling is warranted only if
“new circumstances are demonstrated”). Motions for reconsideration are not to be used to make
new arguments or to present new evidence. Carroll, 342 F.3d at 945; Motorola, 215 F.R.D. at
582; Brookover v. Roberts Enters., Inc., 215 Ariz. 52, 57 n.2, ¶17, 156 P.3d 1157, 1162 n.2 (App.
2007). Nor is a motion for reconsideration to be used to ask the court merely to rethink what it
has already thought through, rightly or wrongly. United States v. Rezzonico, 32 F.Supp.2d 1112,
1116 (D. Ariz. 1998); Bryan v. Murphy, 246 F. Supp. 2d 1256, 1259 (N.D. Ga. 2003) (stating that

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

06/07/2023

Docket Code 926
Form V000A
Page 2

a motion for reconsideration should not be used “to present the court with arguments already heard
and dismissed or to repackage familiar arguments to test whether the court will change its mind”).
Arguments that the court committed error should be directed to the court of appeals. See e.g.,
Defenders of Wildlife v. Browner, 909 F.Supp. 1342, 1351 (D. Ariz. 1995); see also Pres.
Endangered Areas of Cobb’s History, Inc. v. U.S. Army Corps of Eng’rs, 916 F. Supp. 1557, 1560
(N.D. Ga. 1995) (recognizing that “[a] motion for reconsideration is not an opportunity for the
moving party . . . to instruct the court on how the court ‘could have done it better’ the first time”),
aff’d, 87 F.3d 1242 (11th Cir. 1996). No circumstances warranting reconsideration exist in this
case.

Mere disagreement with a previous order is an insufficient basis for reconsideration. See
Leong v. Hilton Hotels Corp., 689 F.Supp. 1572, 1573 (D.Haw.1988).

A motion for reconsideration should not be used merely to ask the Court to rethink its
analysis. See N.W. Acceptance Corp. v. Lynnwood Equip., Inc., 841 F.2d 918, 925–26 (9th Cir.
1988); United States v. Rezzonico Hotels Corp., 32 F.Supp.2d 1112, 1116 (D. Ariz. 1998).

Defendants’ arguments are the same arguments this Court has already considered but did
not find to be persuasive, given the requirements of what it takes for Plaintiff to overcome the
Motions for Summary Judgment. At the end of the analysis the fact remains that the judgment is
void. The Court was under the mistaken belief that Plaintiff was seeking a claw back of monies
over the entirety of Defendant’s relationship with Plaintiff as a homeowner. The Court
understands that is not the case.

IT IS ORDERED denying Defendants’ Motion for Reconsideration.

IT IS FURTHER ORDERED setting aside the Court’s prior ruling that a triable issue of
fact exists on the issue of laches, and granting summary judgment in full.

07/18/2022 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 07/18/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

07/22/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
ANDREW APODACA
JUDGE RYAN

MINUTE ENTRY

PLEASE NOTE: There is a “LATER” attached to this minute entry.

9:08 a.m. This is the time set for a Trial Setting Conference. Plaintiff, Lakewood Estates
Homeowners Association is represented by counsel, Quinten T. Cupps. Defendant/Third-Party
Plaintiff, Michael A. Urbano is represented by counsel, Ernest Collins. Third-Party Defendants,
AAM, LLC, Lakewood Community Association, and Sandra Smith is represented by Andre
Apodaca. All parties appear virtually and/or telephonically via Court Connect/Microsoft Teams.

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

Discussion is held.

Based on the matters presented,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 2

IT IS ORDERED that all responses to the pending motions shall be filed, no later than
August 12, 2022. All replies are due by September 2, 2022.

IT IS FURTHER ORDERED setting a virtual Oral Argument Hearing on September
9, 2022 at 10:15 a.m. (time allotted: 1 hour) in this division regarding the pending motions.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

IT IS FURTHER ORDERED setting this matter for a 4-Day Trial to a Jury commencing
on March 27, 2023 at 9:00 a.m. in this division before:

HONORABLE TIMOTHY RYAN
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON STREET
8th FLOOR-COURTROOM 814
PHOENIX, AZ 85003
(602) 372-3801

The trial days are: March 27, 28, 29 and 30, 2023.

Trial days are normally Monday through Thursday from 9:30 a.m. to 12:00 p.m. and 1:30
p.m. to 4:30 p.m., with a mid-morning and mid-afternoon break.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 3

Note that the Court reserves for itself one day for jury selection, preliminary and final
instructions, and jury deliberations.

IT IS FURTHER ORDERED setting a Final Trial Management Conference on March
3, 2023 at 8:30 a.m. (time allotted: 15 minutes) in this division.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

IT IS FURTHER ORDERED all Exhibits to be offered at trial shall be delivered before
3:00
p.m.,
on
March
14,
2023.
For
exhibit
submission,
please
visit,
https://www.clerkofcourt.maricopa.gov/services/exhibits-submission. The webpage will provide
instructions and guidance as well as locations for in-person submission of exhibits. Exhibit
Guidelines for this division are attached herein.

NOTICE: Exhibits Marked But Not Offered: Exhibits submitted to the court for an
evidentiary hearing/trial, whether through hard copy or submitted electronically, that are marked
as exhibits but are not offered into evidence at the evidentiary hearing will be destroyed following
the hearing/trial, unless a party requests that the evidence be returned at the conclusion of the
hearing. Such requests must be filed with the Court and served on all parties in advance of the
hearing or by no later than the conclusion of the hearing.

9:25 a.m. Matter concludes.

LATER:

Due to a conflict with the Court’s calendar,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 4

IT IS ORDERED vacating the Final Trial Management Conference set on
March 3, 2023 at 8:30 a.m. and resetting same to March 3, 2023 at 8:45 a.m. (time allotted: 15
minutes) in this division.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

Based upon the foregoing trial setting,

DUTIES PRIOR TO FINAL TRIAL MANAGEMENT CONFERENCE

A Joint Pretrial Statement (“JPTS”) must be filed no later than February 21, 2023.
Plaintiff must deliver its portions of the JPTS to all other parties at least 20 days before the
due date; all other parties must deliver their portions no later than 15 days before the due
date. Ariz. R. Civ. P. 16(f)(1).1 In addition to the materials required by Arizona Rule of Civil
Procedure 16(f)(2), counsel shall meet before the Final Trial Management Conference 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 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 5

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

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

G.
A sequentially numbered list of all marked exhibits containing a brief
description of each exhibit and any objections. Any objection not included

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 6

is waived. Catchall exhibit categories (e.g., “all disclosure statements,” “all
pleadings in this matter”) are improper.

At the Final Trial Management Conference, counsel and any self-represented party
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.
Motions in limine; and

H.
Other matters addressed in the JPTS.

PLEASE READ CAREFULLY THE FOLLOWING DUTIES PRIOR TO TRIAL

Discovery Disputes:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 7

Motions in Limine:

2. Rule 7.2: File motions in limine in accordance with Arizona Rule of Civil Procedure
7.2. Before filing any motion in limine, the parties must meet and confer to attempt to resolve the
issues. Motions in limine must include a certification that counsel conferred at least
telephonically, if not in person.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 8

Miscellaneous Issues:

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

If you ever email this division, you must copy all parties involved in the case.

If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at (602) 372-3082.

ATTACHED: Witness Information Form

Exhibit Guidelines

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 9

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

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 2020-010651

07/18/2022

Docket Code 089
Form V000A
Page 10

EXHIBITS GUIDELINES

1. Exhibits will be marked consecutively. The Clerk cannot reserve numbers for exhibits that will
be provided at a later date. Any missing Exhibits will not be considered and the numbers of
all following Exhibits will be moved up. If Defendant’s Exhibits are received prior to
Plaintiff’s Exhibits, the Clerk may mark them first.

2. Original Depositions will not be marked as an Exhibit. Original depositions to be used for
impeachment purposes shall be provided to the Clerk on the first day of trial to be hand-filed.

3. Do not submit duplicate Exhibits, it is essential that counsel confer to avoid submitting
duplicate Exhibits.

4. If large charts or blow-ups are anticipated to be used, please include a small version (or photo)
which can be marked as the Exhibit. The charts and blow-ups are used for demonstrative
purpose only, are not marked, and are returned to counsel.

5. Each multiple page exhibit MUST be securely stapled, binder clipped (only if staple does not
hold), or secured with a paper file fastener. Binders are acceptable only if none of the above
can securely hold the Exhibit. DO NOT use paper clips or submit loose sheets of paper.

6. Do not put numbers on the Exhibits themselves; instead, use a Number Tab Divider. Place
the divider in front of each Exhibit, however, DO NOT staple or paper-clip it to the Exhibit
itself (this should be the only loose item).

7. Counsel are to provide a workable list of Exhibits. The list should include a title or description
of each Exhibit. (See blank sample of the following table as a reference).

Exhibit
No.
Identified
By
Description
Should be verifiable when viewing the first page of the exhibit

8. A bench copy of the Exhibits shall also be provided for the Court’s use during trial.

9. The parties are strongly discouraged from marking Exhibits they do not anticipate
offering during trial.

For additional assistance in preparation of Exhibits contact the courtroom clerk at: (602) 372-1153.

07/27/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 07/27/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

07/31/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/27/2023

Docket Code 081
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
E. Wong/T. Aird

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
ANDREW APODACA
JUDGE RYAN
KYRENE JUSTICE COURT

MINUTE ENTRY

Courtroom 814 – East Court Building

8:38 a.m. This is the time set for a virtual Status Conference. Plaintiff/ Counter Defendant,
Lakewood Estates Homeowners Association, is represented by counsel, Quinten T. Cupps.
Defendant/ Third Party Claimant/ Counter Claimant, Michael A. Urbano, is represented by
counsel, Ernest Collins Jr. Third Party Defendants, A. A. M., L. L. C. and Sandra Smith, are
represented by counsel, Quinten T. Cupps. Defendant, Lakewood Community Association, is
represented by counsel, Christopher L. Enos.

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

LET THE RECORD REFLECT the continuance of this hearing with the absence of
counsel, Quinten T. Cupps.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

07/27/2023

Docket Code 081
Form V000A
Page 2

Discussion is held.

Based upon the matters presented,

LET THE RECORD REFLECT the Court is concerned about an application for fees
given the Kyrene Justice Court order that would give a reasonable person a belief that their actions
were warranted.

IT IS ORDERED Counsel, Ernest Collins Jr., to respond to the motion by August 11,
2023. Along with this response, to request an Oral Argument in the caption.

IT IS FURTHER ORDERED vacating the Trial Management Conference set on April
15, 2024 and trial set on April 29, 2024.

8:44 a.m. Matter concludes.

8:53 a.m. Counsel, Quinten T. Cupps appears virtually.

The Court summarized the hearing to counsel and to talk to Counsel, Ernest Collins Jr.
about responses and deadlines.

8:55 a.m. Matter concludes.

08/18/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 08/18/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

08/23/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

08/18/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
E. Wong/C. Hall

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court has received and reviewed the Stipulation to Extend Response and Reply Times,
filed August 15, 2023.

IT IS ORDERED granting the Stipulation to Extend Response and Rely Times, pursuant
to Order to Extend Response and Reply Times, signed by the Court and filed by the clerk, August
17, 2023.

08/24/2021 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 08/24/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

08/25/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

08/24/2021

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

JOHN T CROTTY
JUDGE J. SMITH

MINUTE ENTRY

Pursuant to the parties’ Third Scheduling Order granted by the Court,

IT IS ORDERED vacating the telephonic Trial Setting Conference for the purpose of
assigning a trial date, set on December 16, 2021 at 8:45 a.m., and resetting same to March 7, 2022
at 8:30 a.m. (15 minutes reserved) before:

HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
(602) 372-5945

Counsel/parties shall have their trial calendars available for the conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

08/24/2021

Docket Code 083
Form V000A
Page 2

The “further orders” in prior scheduling orders remain in effect.

09/09/2022 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 09/09/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

09/12/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

09/09/2022

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
ANDREW APODACA
JUDGE RYAN

MINUTE ENTRY

East Court Building – Courtroom 814

10:14 a.m. This is the time set for Oral Argument regarding Plaintiff’s Motion for
Summary Judgment filed July 1, 2022, Counterdefendants’ and Third-Party Defendants’ Motion
for Summary Judgment filed July 1, 2022, and Third-Party Defendant Lakewood Community
Association’s Motion for Summary Judgment filed July 2, 2022. Plaintiff, Lakewood Estates
Homeowners Association is represented by counsel, Quinten T. Cupps. Counterdefendants/Third-
Party Defendants AAM, LLC and Sandra Smith are represented by counsel, Quinten T. Cupps.
Defendant/Counterclaimant/Third-Party Plaintiff, Michael A. Urbano is represented by counsel,
Ernest Collins. Third-Party Defendant, Lakewood Community Association is represented by
Andrew Apodaca. All parties appear virtually and/or telephonically via Court Connect/Microsoft
Teams.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

09/09/2022

Docket Code 020
Form V000A
Page 2

Oral argument is presented.

Based upon the matters presented to the Court,

IT IS ORDERED taking this matter under advisement.

IT IS FURTHER ORDERED affirming the Final Trial Management Conference set on
March 3, 2023 and Trial to a jury set to commence on March 27, 2023.

10:47 a.m. Matter concludes.

10/20/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 10/20/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

10/23/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

10/20/2023

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
L. Gilbert

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

IT IS ORDERED setting Oral Argument on December 14, 2023 at 9:00 a.m. (time
allotted: 90 minutes) in this division regarding (1) Plaintiff’s Motion and Application for Award
of Attorney Fees, filed June 26, 2023; and (2) Defendant’s Application for Award of Attorney’s
Fees, filed August 17, 2023.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

10/20/2023

Docket Code 094
Form V000A
Page 2

Virtual appearances should be made from an area with no background noise as this will
prevent the parties from hearing the proceedings in the courtroom. Additionally, appearances may
not be made from a vehicle. Lastly, all parties/counsel appearing virtually are encouraged to utilize
headphones; speakerphone usage is discouraged.

10/26/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 10/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

10/31/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

10/26/2023

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
C. Lockhart

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

STATUS CONFERENCE SET

IT IS ORDERED setting a Status Conference on November 7, 2023 at 9:00 a.m. (time
allotted: 15 minutes) in this division regarding the status of the case.

The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join the meeting from your computer, tablet or smartphone. Parties may also appear in
person.

Click here to join the meeting

www.tinyurl.com/jbazmc-cvj10

You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 803 526 856#

More information regarding Court Connect can be found at:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

10/26/2023

Docket Code 028
Form V000A
Page 2

https://superiorcourt.maricopa.gov/court-connect/

11/02/2022 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/02/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

11/07/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/02/2022

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
D. Charbagi

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

The Court has read and considered Plaintiff’s Motion for Summary Judgment filed July 1,
2022, Defendant’s Response filed August 16, 2022, the Reply filed September 2, 2022, and the
associated Statements of Fact. Defendant did not file his Response within the original deadline
ordered by the Court.

Mr. Urbano’s pleadings are confusing, nonresponsive, not in compliance with the Arizona
Rules of Civil Procedure, and in at least one instance, was untimely. The Court will give Mr.
Urbano one opportunity to correct these deficiencies.

IT IS ORDERED striking Mr. Ubano’s Responses to the three pending Motions for
Summary Judgment.

IT IS FURTHER ORDERED striking Mr. Urbano’s Statements of Fact filed in
connection with his Responses to the three pending Motions for Summary Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/02/2022

Docket Code 926
Form V000A
Page 2

IT IS FURTHER ORDERED that Mr. Urbano shall file New Responses no later than
November 18, 2022, along with controverting Statements of Fact.

IT IS FURTHER ORDERED that the movants of the three pending Motions for
Summary Judgment may file their Replies and correlating Statements of Fact on December 2,
2022.

If the Responses and correlating Statements of Fact are non-responsive, not in compliance
with the Arizona Rules of Civil Procedure, or in violation of Court orders, grants of summary
judgment can be expected.

IT IS FURTHER ORDERED, based on this revised briefing schedule, that the matter
will be deemed as taken under advisement effective December 2, 2022.

11/05/2020 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/05/2020 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

11/06/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/05/2020

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
D. Tapia

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE J. SMITH

MINUTE ENTRY

Pursuant to the parties’ First Scheduling Order granted by the Court,

IT IS ORDERED referring this case to the Court’s Alternative Dispute Resolution Office
to appoint a Judge Pro Tempore to conduct a settlement conference. Counsel and/or the parties
will receive a minute entry from ADR appointing the Judge Pro Tempore. Counsel and any “pro
per” parties will contact the appointed Judge Pro Tempore to arrange the date, time and location
for the settlement conference. The Judge Pro Tempore is requested to conduct a settlement
conference not later than March 22, 2021. The Office of Alternative Dispute Resolution will not
do the scheduling of the settlement conference so please do not contact that office.

All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in good faith
in this settlement conference even if no settlement is expected.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/05/2020

Docket Code 026
Form V000A
Page 2

IT IS FURTHER ORDERED setting a telephonic Trial Setting Conference for the
purpose of setting a trial date, on May 4, 2021, at 8:30 a.m. (15 minutes reserved) before:

HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
(602) 372-5945

Counsel/parties shall have their trial calendars available for the conference.

PRETRIAL ORDERS

Discovery Disputes:

Motion Practice:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/05/2020

Docket Code 026
Form V000A
Page 3

Do not combine requests for relief. (Responses, replies, cross motions, etc., must be filed
separately).

ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
determine if they object. If they do not object, file a stipulation. 2. E-file the motion and email the
filed document in Word format to the judicial assistant and opposing counsel. 3. Indicate that you
are asking for a shortened briefing schedule and when you need a ruling. 4. The Court will review
your request and email all parties with a briefing schedule if necessary.

Daubert Motions:

Disclosure Motions:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/05/2020

Docket Code 026
Form V000A
Page 4

Motions for Summary Judgment:

Miscellaneous Issues:

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

If you ever email this division, you must copy all parties involved in the case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/05/2020

Docket Code 026
Form V000A
Page 5

authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

Should you want an unofficial copy (CD) of the proceedings, please email Electronic
Records Services at [email protected] or call (602) 506-7100. Please note that
there is a $30.00 fee. To obtain a copy of a hearing on the day it is conducted, you must first fill
out a “Request for Daily Copy” form and pay the fee at the Court’s Law Library Resource Center.
Forms are available at the Law Library Resource Center. To order transcripts of digitally recorded
court proceedings, call Electronic Records Services for instructions.

11/07/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/07/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

11/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/07/2023

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
M. R. Diaz

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
ANDREW APODACA
JUDGE RYAN

MINUTE ENTRY

East Court Building – Courtroom 814

9:00 a.m. This is the time set for a Status Conference regarding the status of the case.
Plaintiff/Counter-defendant, Lakewood Estates Homeowners Association, is represented by
counsel of record, Quinten T. Cupps. Counter-defendant/Third-Party Defendants AAM, LLC and
Sandra
Smith
are
represented
by
counsel
of
record,
Quinten
T.
Cupps.
Defendant/Counterclaimant/Third Party Plaintiff, Michael A. Urbano, is represented by counsel,
Ernest Collins, Jr. Third Party Defendant, The Lakewood Community Association, is represented
by counsel, Andrew Apodaca, for counsel of record, Christopher L. Enos. All participants appear
virtually.

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

Discussion is held regarding the scheduled Oral Argument.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

11/07/2023

Docket Code 029
Form V000A
Page 2

Based on the matters discussed on the record,

IT IS ORDERED affirming the Oral Argument regarding Plaintiff’s Motion and
Application for Award of Attorney Fees, filed June 26, 2023; and Defendant’s Application for
Award of Attorney’s Fees, filed August 17, 2023; scheduled on December 14, 2023, at 9:00 a.m.
(time allotted: 90 minutes) in this division.

9:03 a.m. Matter concludes.

12/14/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 12/14/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

12/18/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

12/14/2023

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
A. Walker

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

East Court Building – Courtroom 814

9:01 a.m. This is the time set for a virtual Oral Argument regarding Plaintiff’s Motion and
Application for Award of Attorney’s Fees, filed June 26, 2023 and Defendant’s Application for
Award of Attorney’s Fees, filed August 17, 2023. Plaintiff/Counterdefendant, Lakewood Estates
Homeowners Association, and Counterdefendants/Third-Party Defendants, AAM, LLC and
Sandra Smith, are represented by counsel, Quinten T. Cupps. Defendant, Michael A. Urbano, is
represented by counsel, Ernest Collins, Jr. All parties appear virtually.

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

Argument is presented.

For the reasons as stated on the record,

IT IS ORDERED taking this matter under advisement.

9:29 a.m. Matter concludes.

12/18/2023 — CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 12/18/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

12/21/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2020-010651

12/18/2023

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE TIMOTHY J. RYAN
S. Motzer

Deputy

LAKEWOOD ESTATES HOMEOWNERS
ASSOCIATION
QUINTEN T CUPPS

v.

MICHAEL A URBANO
ERNEST COLLINS JR.

CHRISTOPHER L ENOS
JUDGE RYAN

MINUTE ENTRY

This matter came before the Court pursuant to the Defendant The Lakewood Association.

IT IS ORDERED approving and settling the formal written Rule 54(b) Final Judgment as
to Third Party Defendant The Lakewood Community Association signed by the Court December
15, 2023, and filed (entered) by the Clerk December 18, 2023.

It is important that counsel and self-represented parties read the Judgment that the
Court signed. The Court may have made changes to the Judgment that the parties
submitted.

NOTE: The Court has signed a hard-copy version of the Judgment provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. After the Judgment has been scanned and docketed
by the Clerk of Court, copies of this order may be available through ECR Online at
www.clerkofcourt.maricopa.gov or through www.AZTurboCourt.gov and from the Public Access
Terminals at the Clerk of Court’s offices located throughout Maricopa County.

Documents

Type	Title	Content Type	Size	Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/23/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	132.7 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/25/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	117.7 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	293.4 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	290.3 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 01/27/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	11.1 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/06/2024 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	126.3 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/08/2022 HONORABLE JAMES D. SMITH View Minute Entry	application/pdf	124.6 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/09/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	418.7 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 02/22/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	215.9 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 03/27/2024 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	120.0 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 04/21/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	339.6 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/03/2021 HONORABLE JAMES D. SMITH View Minute Entry	application/pdf	143.5 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/03/2021 HONORABLE JAMES D. SMITH View Minute Entry	application/pdf	116.3 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 05/12/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	115.0 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 06/07/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	214.1 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 07/18/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	437.0 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 07/27/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	120.7 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 08/18/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	10.1 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 08/24/2021 HONORABLE JAMES D. SMITH View Minute Entry	application/pdf	123.8 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 09/09/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	119.8 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 10/20/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	207.6 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 10/26/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	167.4 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/02/2022 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	120.8 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/05/2020 HONORABLE JAMES D. SMITH View Minute Entry	application/pdf	142.3 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 11/07/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	191.1 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 12/14/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	117.1 KB	Document Source
minute_entry_pdf	CV2020010651 HOMEOWNERS ASSOCIATION, LAKEWOOD ESTATES 12/18/2023 HONORABLE TIMOTHY J. RYAN View Minute Entry	application/pdf	118.4 KB	Document Source