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Maricopa County Superior Court Case CV2021-001865: public docket details, parties, minute entries, documents, and official source links for Val Vista Lakes Community Association, The.

Case Number

CV2021-001865

County

Maricopa

Caption

Not captured

Filed

2/2/2021

Case Type

Civil

Judge

Blaney, Scott

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

02/14/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

02/13/2025

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JUDGE BLANEY

ORDER ENTERED BY COURT

The Court received Plaintiff’s Request for Status Conference, filed February 6, 2025.

IT IS ORDERED holding Plaintiff’s Request for Status Conference in abeyance, pending
the Court’s ruling on the supplemental brief filed December 27, 2024 and response, filed January
14, 2025.

Clerk of the Superior Court

*** Electronically Filed ***

03/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

03/05/2021

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO
JUDGE MAHONEY

ORDER ENTERED BY COURT

This Court has received Plaintiff’s e-filed Application For Entry Of Default, filed 3/3/21,
as to Defendant(s) Susan M. Wellman in the above-captioned case.

IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).

The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
David Garbarino.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

Pursuant to the Maricopa County e-Filing Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the Application

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

03/05/2021

Docket Code 023
Form V000A
Page 2

for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit, and
Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned Commissioner’s Division. A Commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the Division in paper form.

The parties/counsel can find additional information in the form of frequently asked
questions at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp

The parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

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

Clerk of the Superior Court

*** Electronically Filed ***

03/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

03/21/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

CURTIS S EKMARK
SARAH D SLADICK
JUDGE BLANEY

ORDER SIGNED

IT IS ORDERED approving and settling the formal written Scheduling Order as
modified and signed by the Court on March 21, 2023 and entered (filed) by the Clerk on March
21, 2023.

Please note: The Court has signed a paper copy of the Order which was originally
provided electronically. After the Order has been scanned and docketed by the Clerk of Court,
copies of this order will be available through the 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.

Clerk of the Superior Court

*** Electronically Filed ***

03/31/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

03/28/2025

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

RULING

The Court has reviewed and considered Defendant Susan M. Wellman’s Supplemental
Brief in Opposition to Plaintiff’s Application for an Order to Show Cause Re: Contempt, Plaintiff’s
Response to Supplemental Brief, and the record in this case. Defendant did not file a reply in
support of her Supplemental Brief.

The present briefing arose during the November 12, 2024 Evidentiary Hearing combined
with Trial on the Merits on Plaintiff’s Motion for Sanctions and Order to Show Cause Re:
Contempt. Counsel for Defendant made an oral motion for judgment as a matter of law at the
conclusion of Plaintiff’s case, arguing that Plaintiff was not entitled to the relief that it was seeking
because the order on which the Motion for Sanctions was based required Plaintiff to engage in
self-help before seeking judicial relief. The Court therefore ordered supplemental briefing on the
issue. “Self-help” in this case refers to the Association entering onto Plaintiff’s property and
removing all the accumulated trash and other debris and then billing Defendant for the clean-
up. The Association has already engaged in this form of self-help with Defendant multiple times.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

03/28/2025

Docket Code 019
Form V000A
Page 2

Pursuant to Rule 50, Ariz.R.Civ.P., Judgment as a matter of law is appropriate if the Court
finds that a reasonable fact-finder would not have a legally sufficient evidentiary basis to find for
the Plaintiff. When considering Defendant’s motion, the Court will not weigh the credibility of
witnesses or resolve conflicts of evidence and any reasonable inferences that could be drawn
therefrom.

THE COURT FINDS that the underlying order does not mandate that Plaintiff engage in
self-help prior to seeking assistance from the Court. First, nothing in the wording of the order
requires Plaintiffs to attempt self-help prior to asking the Court to enforce its order. The operative
language is permissive – merely recognizing that Plaintiff has the right to engage in self-
help. Moreover, Plaintiff has engaged in self-help multiple times since the Court issued its
order. It appears Defendant inexplicably continues to violate the order after each time that Plaintiff
cleans it up. The Court’s order does not require Plaintiff to serve as Defendant’s provider of bulk
trash collection.

THE COURT THEREFORE FINDS that Defendant has failed to establish that a
reasonable fact-finder would not have a legally sufficient evidentiary basis to find for the Plaintiff.

On a failure to show good cause, and in the Court’s discretion:

IT IS ORDERED denying Defendant’s oral motion for judgment as a matter of law
pursuant to Rule 50, Ariz.R.Civ.P.

IT IS FURTHER ORDERED the Court will schedule the conclusion of the Evidentiary
Hearing combined with Trial on the Merits by separate minute entry.

Clerk of the Superior Court

*** Electronically Filed ***

04/03/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/02/2025

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
A. Hayes

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

HEARING CONTINUED

The Court having denied Defendant’s Motion for Judgment as a Matter of Law;

IT IS ORDERED continuing the remainder of the in-person Evidentiary Hearing
combined with Trial on the Merits on Plaintiff’s Motion for Sanctions and Order to Show Cause
Re: Contempt, filed May 21, 2024, for July 24, 2025 at 9:30 a.m. (time allotted: 2.5 hours) in
this Division before:

Honorable Scott A. Blaney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-1095

Based on the parties time used during the previous hearing on November 12, 2024, the
time allocation for the July 24th hearing shall be as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/02/2025

Docket Code 004
Form V000A
Page 2

Plaintiff: 45 Minutes
Defendant: 75 minutes.

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.

Clerk of the Superior Court

*** Electronically Filed ***

04/19/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/16/2021

Docket Code 025
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO
JUDGE MAHONEY

CASE STATUS MINUTE ENTRY

The Court issues this Minute Entry to memorialize today’s email communication with the
parties. At the Court’s direction, on 4/16/21 at 12:57 p.m., Court staff emailed Plaintiff’s counsel
and Defendant the following:

Good afternoon,

The Court is in receipt of Defendant Susan Wellman’s Motion For More Time, filed
2/26/21 (attached). The Court is also aware that Plaintiff has filed both its
Application For Entry of Default, filed 3/3/21, and its Motion For Entry Of Default
Judgment, filed 3/29/21, both of which will be handled by Commissioner
Garbarino.

The Motion For More Time will be ruled on by Judge Mahoney. However, Judge
Mahoney notes that the Motion For More Time does not reflect that Plaintiff or

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/16/2021

Docket Code 025
Form V000A
Page 2

anyone else was endorsed on the Motion, nor does it identify how long an extension
of time to Answer is being requested.

Mr. Stein – Did you receive the Motion For More Time? It is attached for your
information in case you did not. Do you intend to respond to the Motion? If you
haven’t seen it previously and you want to respond, Plaintiff’s deadline to file a
Response is Friday, April 30, 2021.

Ms. Wellman – You must copy all other parties/attorneys on every filing or other
communication with the Court or the Court cannot entertain your request/inquiry.
How long an extension of time to file your Answer are you seeking? Be specific
please as the Court cannot make assumptions.

**Please forward this email to any party I might be missing and/or correct any
incorrect e-mail address you may see. Much appreciated.

Thank you,
Jennifer Sommerville (JJ)
Judicial Assistant to the Honorable Margaret R. Mahoney
Maricopa Superior Court
ECB 4th floor, Suite 411
T: 602-506-0387 F: 602-372-8686
[email protected]

Court staff sent this email to Defendant at [email protected] and the-
[email protected]. Both emails were returned as undeliverable. Defendant handwrote her
email on her two filings, which are clearly legible email addresses, except for the unclear
underscore/hyphen character. Court staff called Defendant at 4:40 p.m. today at the phone number
on her filings (480-233-0227) and received her voicemail and left a detailed message, asking for a
prompt call back with a valid email address.

IT IS ORDERED Defendant shall contact the Court promptly upon hearing the voicemail.

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/16/2021

Docket Code 025
Form V000A
Page 3

will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

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

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).

Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.

Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, mail or deliver a copy directly to this
Division (that is, to the Judge, using her specific courtroom address), and mail or deliver a copy to
all opposing parties. In addition, on each document, you must include a signed certificate that says
whether you mailed or hand-delivered each copy, when you did so, and states the specific people
and the specific addresses to which you mailed or hand-delivered each copy. If a party is

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/16/2021

Docket Code 025
Form V000A
Page 4

represented by a lawyer, you must send or deliver the copy to the lawyer, not to the party. All
proposed Orders submitted to this Division in hard copy form must include copies of the Order
with self-addressed, stamped envelopes for all parties/counsel.

Do not mail or send papers for the Clerk or other parties to the Judge.

Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters

Information on eFiling documents with the Clerk of Court can be found at:

https://www.clerkofcourt.maricopa.gov/records/filings

Additionally, information regarding eFiling in civil cases can be found at:

https://www.azcourts.gov/efilinginformation

If you are not represented by a lawyer, you must keep the Court updated regarding your
current address and telephone number. If your address or phone number changes at any time, you
must file a notice of change of address/phone number with the Clerk of Court. That form (general
form – GN91f – Update Information on Address and/or Name with the Court) can be downloaded
at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):

Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

Clerk of the Superior Court

*** Electronically Filed ***

04/24/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

04/23/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
MARCUS R MARTINEZ

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

SEAN JAMES O'HARA
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE BLANEY

ORDER ENTERED BY COURT

Pursuant to the Order Extending Settlement Conference Deadline electronically signed by
the Court on April 23, 2024, and filed (entered) by the Clerk on April 24, 2024,

IT IS ORDERED extending the deadline to conduct a settlement conference to June 3,
2024.

Clerk of the Superior Court

*** Electronically Filed ***

05/05/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

05/04/2022

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT

MINUTE ENTRY

The Court having received Plaintiff’s Motion for Leave to File Supplemental Complaint,

IT IS ORDERED granting Plaintiff’s Motion for Leave to File a First Supplemental
Complaint.

Clerk of the Superior Court

*** Electronically Filed ***

05/12/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

05/11/2021

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
D. Reese

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO

MINUTE ENTRY

IT IS ORDERED approving and settling formal written Order Setting Hearing signed by
the Court on May 7, 2021 and filed (entered) by the Clerk on May 11, 2021.

PLEASE NOTE: When an order is signed by the Court, the Clerk’s office is required to
notify all parties either by mailing a conformed copy, or by minute entry. Not enough copies and/or
envelopes having been submitted, notice is hereby given via minute entry. After the signed order
has been scanned and docketed by the Clerk of Court, copies of this order will be available through
the 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.

Clerk of the Superior Court

*** Electronically Filed ***

05/23/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

05/19/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
J. Holguin

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JUDGE BLANEY

RULING

The Court has reviewed and considered Plaintiff’s Motion to Clarify Court Order
Granting Defendant’s Rule 56(d) Motion. Plaintiff argues that after completion of the Rule
56(d) discovery, Defendant should not be permitted to raise any new issues in her Amended
Response to Plaintiff’s Motion for Summary Judgment that she did not already raise.

The Court does not find good cause to grant Plaintiff’s requested limitation on
Defendant’s anticipated Amended Response to Plaintiff’s Motion for Summary
Judgment. Defendant may raise any issue in her Amended Response that she is able support
with competent evidence. Plaintiff may then rebut those arguments and evidence in its Reply.

IT IS ORDERED denying Plaintiff’s Motion to Clarify Court Order Granting
Defendant’s Rule 56(d) Motion.

IT IS FURTHER ORDERED defendant shall file her Amended Response to Plaintiff’s
Motion for Summary Judgment by June 19, 2023.

Clerk of the Superior Court

*** Electronically Filed ***

05/25/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

05/23/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JUDGE BLANEY

RULING

The Court has reviewed and considered Plaintiff’s Motion for Reconsideration of Denial
of Motion to Clarify Court Order Granting Defendant’s Rule 56(d) Motion, filed May 23, 2023.

IT IS ORDERED denying Plaintiff’s Motion.

Clerk of the Superior Court

*** Electronically Filed ***

06/02/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/01/2021

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO
JUDGE MAHONEY

RULING

The Court has considered:
1. Defendant’s Motion For More Time, filed 2/26/21;
2. Case Status Minute Entry, issued 4/16/21, filed 4/19/21;
3. Email from Plaintiff’s Counsel, Greg Stein, dated 4/18/21;
4. Plaintiff’s Response To Defendant’s Motion For More Time, filed 4/28/21; and
5. Defendant’s second Motion For More Time, filed 4/30/21.

The record reflects that Plaintiff filed its Complaint herein on 2/2/21 and service was
effected on Defendant Susan Wellman (“Defendant”) on 2/6/21. In her filings identified above,
Defendant seeks additional time to answer or otherwise respond to the Complaint, contending
that she has had trouble finding a lawyer to represent her in this matter. Ultimately, Defendant
requests an extension to 5/31/21 to answer or otherwise respond. May 31, 2021 is essentially
four months after Defendant was served. Plaintiff asserts in its Response To Defendant’s Motion
For More Time that “Defendant’s property has been in violation for many years and she has

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/01/2021

Docket Code 019
Form V000A
Page 2

received numerous citations from the Town of Gilbert,” attaching a Town of Gilbert Code
Compliance Report, dating back to at least December of 2018.

Under the circumstances described, the Court finds good cause to grant Defendant’s
request to extend her deadline to no later than 5/31/21 to file her answer or otherwise respond to
Plaintiff’s Complaint. The Court is aware that Commissioner Garbarino has scheduled a default
hearing on 6/2/21.

IT IS ORDERED granting Defendant’s Motion For More Time, such that if Defendant
filed her answer or otherwise responded to the Complaint by 5/31/21, she will have done so
timely.

* * * *

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

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

Clerk of the Superior Court

*** Electronically Filed ***

06/07/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/02/2021

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
D. Reese

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO

MINUTE ENTRY

Courtroom: ECB 813.

1:43 p.m. This is the time set for telephonic Default Hearing. Plaintiff The Val Vista
Lakes Community Association is represented telephonically by counsel, Curtis Ekmark.
Defendant Susan Wellman is present telephonically on her own behalf. No other parties are
present.

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

Discussion is held.

Defendant Susan Wellman is sworn and testifies.

Based upon the information stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/02/2021

Docket Code 005
Form V000A
Page 2

IT IS ORDERED granting Judgment against Susan Wellman all in accordance with the
formal written Judgment signed by the Court on June 2, 2021 and filed (entered) by the Clerk on
June 3, 2021.

1:59 p.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

06/08/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/07/2022

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT
JUDGE MAHONEY

ORDER ENTERED BY COURT

This Court has received Plaintiff’s e-filed Application For Entry Of Default, filed 6/6/22,
as to Defendant Susan M. Wellman in the above-captioned case.

IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).

The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Richard Albrecht.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

Pursuant to the Maricopa County e-Filing Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the Application

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/07/2022

Docket Code 023
Form V000A
Page 2

for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit, and
Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned Commissioner’s Division. A Commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the Division in paper form.

The parties/counsel can find additional information in the form of frequently asked
questions at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp

The parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

* * * *

IT IS FURTHER ORDERED that when the Court so directs expressly, or when a filing
is time-sensitive, the parties shall also email it contemporaneously to all parties and Court staff,
when eFiling the document due to the processing time in the Clerk’s Office for all e-filed
documents.

Email address for Court staff is as follows:
JA, Jennifer “JJ” Sommerville, [email protected]

IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.

NOTE: Every person should have a face covering in his/her possession because face
masks may be required at the discretion of the Judge.

Clerk of the Superior Court

*** Electronically Filed ***

06/10/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/07/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

SEAN JAMES O'HARA
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE BLANEY

ORDER ENTERED BY COURT

Pursuant to the Order Extending Settlement Conference Deadline electronically signed by
the Court on June 5, 2024, and filed (entered) by the Clerk on June 10, 2024,

IT IS ORDERED extending the deadline to conduct a settlement conference to October
30, 2024.

Clerk of the Superior Court

*** Electronically Filed ***

06/11/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/10/2021

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
D. Reese

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. GARBARINO

MINUTE ENTRY

The Court received and reviewed the document titled “Update and Request” filed by
Defendant Susan Wellman in this matter seeking a thirty day extension of time. The Court
having already entered a default judgment in this matter,

IT IS ORDERED denying the request for an extension of time.

Clerk of the Superior Court

*** Electronically Filed ***

06/28/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/27/2024

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
SEAN JAMES O'HARA
JUDGE BLANEY

HEARING RESET

Due to a conflict with the Court Calendar,

IT IS ORDERED vacating the in-person Order to Show Cause Return Hearing set for July
30, 2024 at 10:00 a.m. and resetting the same for August 9, 2024 at 11:30 a.m. in-person (time
allotted: 30 minutes) before this Division:

Honorable Scott A. Blaney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-1095

Please note: This hearing is a Return Hearing; no evidence will be presented on this date.
However, the Court may grant the requested relief if a party fails to appear for the hearing.

IT IS FURTHER ORDERED that the Plaintiff shall immediately serve a copy of this
Minute Entry and Plaintiff’s Motion for Sanctions and for Order to Show Cause Re: Contempt on
the Defendant.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

06/27/2024

Docket Code 003
Form V000A
Page 2

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.

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.

Clerk of the Superior Court

*** Electronically Filed ***

07/07/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

07/06/2021

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
D. Reese

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT

MINUTE ENTRY

The court is in receipt of the Defendant’s “Motion for Emergency to See the Judge.” The
court interprets the Motion as a Motion for Reconsideration and it is Denied.

Clerk of the Superior Court

*** Electronically Filed ***

08/12/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

08/09/2024

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

ORDER SIGNED

The Court has considered the parties’ Stipulated Motion to Continue Return Hearing on
the Order to Show Cause, filed August 7, 2024.

IT IS ORDERED granting the Motion, all in accordance with the formal written Order
Continuing Return Hearing on Order to Show Cause as modified and signed by the Court on
August 8, 2024 and entered (filed) by the Clerk on August 9, 2024.

Please note: The Court has signed a paper copy of the Order which was originally provided
electronically. After the Order has been scanned and docketed by the Clerk of Court, copies of
this order will be available through the 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.

NOTE: Please allow 4-5 court days for the Order to be processed and available on docket.

Clerk of the Superior Court

*** Electronically Filed ***

08/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

08/21/2023

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JUDGE BLANEY

ORAL ARGUMENT SET

The Court has received:
1. Plaintiff’s Motion for Partial Summary Judgment Against Defendant Susan M.
Wellman on Count II – Lien Foreclosure, filed September 9, 2022;
2. Plaintiff’s Separate Statement of Facts in Support of Motion for Partial Summary
Judgment Against Defendant Susan M. Wellman on Count II – Lien Foreclosure, filed
September 9, 2022;
3. Defendant’s Response to Plaintiff’s Motion for Partial Summary Judgment, filed
October 18, 2022;
4. Defendant Susan Wellman’s Controverting and Separate Statement of Facts in Support
of Response to Motion for Partial Summary Judgment, filed October 18, 2022; and
5. Plaintiff’s Reply in Support of Motion for Partial Summary Judgment Against
Defendant Susan M. Wellman on Count II – Lien Foreclosure, filed November 7, 2022;
and
6. Plaintiff’s Response to Defendant’s Controverting and Separate Statement of Facts in
Support of Response to Motion for Partial Summary Judgment, filed November 7,
2022.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

08/21/2023

Docket Code 094
Form V000A
Page 2

IT IS ORDERED setting virtual Oral Argument on September 15, 2023 at 11:00 a.m.
(time allotted: 30 minutes) on the filings identified above, before this Division.

PLEASE NOTE: The proceeding set above will be held via Court Connect (the Court’s
videoconference/virtual hearing platform). An auto-generated email will or has been sent to
counsel of record and any parties representing themselves who have a valid email address on file
in this matter with information for joining the proceeding virtually. If for some reason you did not
receive the email, you may join the proceeding using the following link: Tiny URL:
https://www.tinyurl.com/jbazmc-cvj09, or you may appear via telephone by calling 1-917-781-
4590, conference ID# 867 494 109#. For further information regarding Court Connect, please visit:
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.

Clerk of the Superior Court

*** Electronically Filed ***

09/26/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/15/2023

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
E. Wolf

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

ARIZONA FEDERAL CREDIT UNION
NO ADDRESS ON RECORD

MARCUS R MARTINEZ

JUDGE BLANEY

MINUTE ENTRY

Courtroom 411 – East Court Building

11:00 a.m. This is the time set for a virtual Oral Argument regarding Plaintiff’s Motion for
Partial Summary Judgment Against Defendant Susan M. Wellman on Count II – Lien Foreclosure
filed on September 9, 2022. Plaintiff The Val Vista Lakes Community Association is represented
by counsel, Marcus R. Martinez, for counsel of record, Gregory A. Stein. Defendant Susan M.
Wellman is represented by counsel of record, Olen V. Lenets. Defendant Arizona Federal Credit
Union is neither present through a statutory representative and/or represented by counsel. All
participants appear virtually.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/15/2023

Docket Code 005
Form V000A
Page 2

Discussion is held regarding settlement, and a continuation of today’s proceedings.

The parties stipulate to continue today’s proceedings.

Based upon the stipulation of the parties, and good cause appearing,

IT IS ORDERED granting the stipulation and holding the Motion in abeyance.

LET THE RECORD REFLECT the counsel for Plaintiff may reach out to this Division
via email by next Friday, September 22, 2023, for rescheduling today’s Oral Argument.

11:03 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

09/25/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/20/2024

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

EVIDENTIARY HEARING SET

East Court Building – Courtroom 411

10:00 a.m. This is the time set for a virtual Order to Show Cause Return Hearing on
Plaintiff’s Motion for Sanctions and Order to Show Cause Re: Contempt, filed May 21, 2024.
Plaintiff The Val Vista Lakes Community Association is represented by Counsel Tessa Knueppel
and Joshua M. Bolen. Defendant Susan M. Wellman is not present or represented. All appearances
are virtual and/or telephonic.

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

This is a 15-minute return hearing. No evidence will be received today.

LET THE RECORD REFLECT this matter was scheduled to begin at 10:00 a.m. It is
now 10:02 a.m. and Defendant and Defendant’s counsel have failed to appear or to contact the Court
to request a continuance. The Court will proceed in their absence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/20/2024

Docket Code 056
Form V000A
Page 2

The Court poses questions to Plaintiff’s counsel as how this case should proceed forward.
Discussion is held.

IT IS ORDERED Defendant Susan M. Wellman and Defendant’s counsel, Olen V. Lenets,
shall file no later than September 30, 2024 a written notice informing the Court the reasons for
their absence today and also showing cause as to why they should not be sanctioned pursuant to
Rule 16(h) Ariz. R. Civ. P.

LET THE RECORD REFLECT when this hearing goes into recess, court staff will join
the virtual courtroom to arrange a mutually convenient date and time for a one-half day evidentiary
hearing combined with trial on the merits.

10:08 a.m. Matter concludes.

LATER:

IT IS ORDERED setting an in-person Evidentiary Hearing combined with trial on the
merits on October 1, 2024 at 9:00 a.m. (time allotted: one-half day), before this Division.

Honorable Scott A. Blaney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-1095

The hearing hours will be as follows: 9:00 a.m. to 12:00 p.m.

IT IS FURTHER ORDERED counsel shall file, at least five (5) business days prior to
the hearing, a Joint Hearing Statement signed by all counsel/parties.

EXHIBIT REQUIREMENTS

IT IS ORDERED that the parties submit any proposed hearing exhibits as follows:

1.
Submit Hearing Exhibits through Case Center. This division is using Case Center
(also known as Case Lines), a statewide electronic exhibit portal. Attorneys must
submit exhibits through Case Center; Self-Represented Litigants can request to opt-
out
of
Case
Center
by
contacting
the
judge’s
division
at

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/20/2024

Docket Code 056
Form V000A
Page 3

[email protected]. Unless otherwise ordered, Exhibits must be
submitted at least 5 business days before the hearing as provided below.

2.
Opting Out of Case Center (Self-Represented Litigants only). A Self-Represented
Litigant may opt out of Case Center no less than 10 calendar days before the
trial/evidentiary hearing (or within 24 hours of being served with notice if the party
is served less than 10 calendar days before the evidentiary hearing). The Self-
Represented Litigant must email the other Self-Represented Litigants or counsel and
the assigned judicial division to notify the court that they are opting out and to request
instructions for submitting exhibits. Self-Represented Litigants must comply with the
deadline for submitting Exhibits. Each party must make sure the Court has the party’s
valid current email address. If you do not have an email address, you can obtain a
free one through accounts.google.com. Each party must register for Case Center at
www.azcourts.gov/digitalevidence. The website has links to training resources that
will guide you through uploading exhibits and navigating Case Center. The Clerk of
Court will email each party (or their attorney of record) a case-specific Case Center
link that the party will use to upload exhibits. For assistance with Case Center
invitations only, email the Clerk of Court at [email protected].
The email subject line should include the case number. The body of the email should
include the parties’ names, the assigned judge’s name, and explain that the sender is
requesting help with a Case Center invitation.

3.
Exhibit Format. Case Center accepts most digital formats (including photographs,
PDFs, Word files, audio files, and video files). Case Center automatically numbers
the exhibits. Plaintiff/Petitioner’s exhibits have an A- prefix (Exhibit A1, A2, etc.)
and Defendant/Respondent’s exhibits have a B- prefix (Exhibit B1, B2, etc.). During
the hearing, the parties must refer to exhibits using the Case Center exhibit numbers.
For assistance with Case Center, contact AOC Support Services at (602) 452-3519
(option 5) or [email protected], Monday – Friday 7 AM – 6 PM, excluding
State holidays.

4.
Exhibit Upload Assistance.  Scanners are available at each of the regional court Law
Library Resource Centers. Each scanner has an attached computer and instructions
on how to upload exhibits into Case Center.

5.
Exchange Exhibits. At least 5 business days (not including weekends) before the
hearing, you must give the other party copies of all exhibits you submitted for use at
the hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/20/2024

Docket Code 056
Form V000A
Page 4

6.
Physical Exhibits. The Courtroom Clerk will handle marking physical exhibits for
Self-Represented Litigants who opt out of Case Center. Attorneys who submit
physical exhibits must create a placeholder in Case Center and include “Physical
Exhibit” in the name of the exhibit prior to submitting the physical exhibit(s) to the
judge’s division. The collection of physical exhibits must have a Physical Exhibit
Case Coversheet that includes the following: (1) the name of the party submitting the
exhibit(s); (2) the case number; (3) the date of hearing; and (4) the exhibit number(s)
and description(s). In addition, each individual exhibit must have an Exhibit
Coversheet printed on color paper indicating the physical exhibit’s exhibit number in
Case Center. For Self Represented Litigants, if any individual exhibit is a document
that is longer than ten (10) pages, each page of the exhibit should be numbered.
Division staff will provide the exhibits to the Courtroom Clerk for marking. The
Courtroom Clerk will mark physical exhibit(s) with the same exhibit number used in
Case Center

7.
Devices and WiFi. If needed, hearing participants may request to use a court-
provided devices to view and present exhibits during an evidentiary hearing. All
requests for access to a court-provided device must be submitted to the division via
email 5 calendar days before the Hearing. Hearing participants can connect to the
court’s free MCPUBLIC WiFi for up to 90 minutes. For evidentiary hearings/trials
longer than 90 minutes, WiFi users, the parties may request access to MCSponsored
WiFi which will allow access to WiFi without the need to reconnect after 90 minutes
by emailing the assigned division 10 calendar days in advance of any Hearing. Self-
Represented Litigant access will be valid for 60 days; lawyer and nonlawyer
representative access will be valid for 365 days.
8.
Remote Witnesses. Any party who calls a witness who is appearing remotely (i.e.,
by telephone or videoconference) should either (1) provide the witness with a copy
of all exhibits or (2) ensure that the remote witness has an electronic device available
that allows them to view exhibits displayed on a screen through either Case Center
or Teams.
9.
Exhibit Presentation During Hearings. Unless indicated otherwise in any hearing-
specific court minute entry or order, offerors may, but are not required to, use Case
Center to present (e.g., show to the court, a witness, or the jury) evidence during a
Hearing. Options for presentation of evidence include but are not limited to the
following: (1) use of paper copies of the exhibits that have been uploaded to Case
Center; (2) use of evidence presentation software and/or PDF viewers to display
PDFs of exhibits that have been uploaded to Case Center; (3) screen sharing of Case
Center through Court Connect (Teams); and (4) use of Case Center “Presentation”

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/20/2024

Docket Code 056
Form V000A
Page 5

mode to share exhibits. Parties are strongly encouraged to download PDFs of their
Case Center exhibits and/or have paper copies available in the event there are
technological difficulties in the courtroom.
10. Additional resources. For Case Center related training and questions, the parties
may wish to visit the Thomson Reuters Case Center Home Page at

https://answers.legalprof.thomsonreuters.com/casecenter-us/search. For technical
issues with Case Center, parties may contact AOC Support Services Monday –
Friday from 7:00 AM – 6:00 PM, excluding State holidays, at (602) 452-3519, 1-
800-720-7743 (toll free), or [email protected]. The parties may also wish to
review A.O. 2024-080 at https://superiorcourt.maricopa.gov/media/30ylnjsa/ao2024-
080-re-use-of-case-center-in-the-civil-department.pdf for additional information
regarding Case Center.

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.

Clerk of the Superior Court

*** Electronically Filed ***

09/26/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/25/2023

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

MARCUS R MARTINEZ
JUDGE BLANEY

ORAL ARGUMENT SET

Pursuant to the Court’s Minute Entry, dated September 15, 2023, and counsel’s subsequent
email exchange with Court staff,

IT IS ORDERED setting virtual Oral Argument on October 27, 2023 at 11:00 a.m. (time
allotted: 30 minutes) before this Division, on Plaintiff’s Motion for Partial Summary Judgment
Against Defendant Susan M. Wellman on Count II – Lien Foreclosure, filed September 9, 2022.

IT IS FURTHER ORDERED vacating the virtual Trial Setting Conference set for
October 27, 2023 at 9:30 a.m. and resetting same to October 27, 2023 at 11:00 a.m. (time
allotted: 15 minutes) to be heard in conjunction with the Oral Argument set above.

IT IS FURTHER ORDERED that, no less than 10 days before the conference set above,
the parties shall file a joint status report containing (1) a very brief description of the case; (2) a
statement of the status of discovery and other pertinent matters; (3) a list of pending motions or
other matters, whether at issue or not; (4) the status of alternative dispute resolution; (5) when the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

09/25/2023

Docket Code 094
Form V000A
Page 2

parties anticipate the case will be ready for trial; and (6) how many trial days the parties estimate
will be needed.

PLEASE NOTE: The proceedings set above will be held via Court Connect (the Court’s
videoconference/virtual hearing platform). An auto-generated email will or has been sent to
counsel of record and any parties representing themselves who have a valid email address on file
in this matter with information for joining the proceeding virtually. If for some reason you did not
receive the email, you may join the proceeding using the following link: Tiny URL:
https://www.tinyurl.com/jbazmc-cvj09, or you may appear via telephone by calling 1-917-781-
4590, conference ID# 867 494 109#. For further information regarding Court Connect, please visit:
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.

Clerk of the Superior Court

*** Electronically Filed ***

10/02/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/01/2024

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

HEARING RESET

The Court has received Defendant’s Motion to Vacate October 1 Evidentiary Hearing and
Plaintiff’s Response to Motion to Vacate Evidentiary Hearing, both filed on September 27, 2024.

IT IS ORDERED granting Defendant’s Motion to Vacate October 1 Evidentiary Hearing.

IT IS FURTHER ORDERED vacating the in-person Evidentiary Hearing combined
with trial on the merits set for October 1, 2024 at 9:00 a.m., and resetting same to November 12,
2024 at 9:00 a.m. (time allotted: one-half day) in this Division.

Honorable Scott A. Blaney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-1095

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/01/2024

Docket Code 003
Form V000A
Page 2

The hearing hours will be as follows: 9:00 a.m. to 12:00 p.m.

IT IS FURTHER ORDERED counsel shall file, at least five (5) business days prior to
the hearing, a Joint Hearing Statement signed by all counsel/parties.

EXHIBIT REQUIREMENTS

IT IS FURTHER ORDERED that the parties submit any proposed hearing exhibits as
follows:

1.
Submit Hearing Exhibits through Case Center. This division is using Case Center
(also known as Case Lines), a statewide electronic exhibit portal. Attorneys must
submit exhibits through Case Center; Self-Represented Litigants can request to opt-
out
of
Case
Center
by
contacting
the
judge’s
division
at
[email protected]. Unless otherwise ordered, Exhibits must be
submitted at least 5 business days before the hearing as provided below.

2.
Opting Out of Case Center (Self-Represented Litigants only). A Self-Represented
Litigant may opt out of Case Center no less than 10 calendar days before the
trial/evidentiary hearing (or within 24 hours of being served with notice if the party
is served less than 10 calendar days before the evidentiary hearing). The Self-
Represented Litigant must email the other Self-Represented Litigants or counsel and
the assigned judicial division to notify the court that they are opting out and to request
instructions for submitting exhibits. Self-Represented Litigants must comply with the
deadline for submitting Exhibits. Each party must make sure the Court has the party’s
valid current email address. If you do not have an email address, you can obtain a
free one through accounts.google.com. Each party must register for Case Center at
www.azcourts.gov/digitalevidence. The website has links to training resources that
will guide you through uploading exhibits and navigating Case Center. The Clerk of
Court will email each party (or their attorney of record) a case-specific Case Center
link that the party will use to upload exhibits. For assistance with Case Center
invitations only, email the Clerk of Court at [email protected].
The email subject line should include the case number. The body of the email should
include the parties’ names, the assigned judge’s name, and explain that the sender is
requesting help with a Case Center invitation.

3.
Exhibit Format. Case Center accepts most digital formats (including photographs,
PDFs, Word files, audio files, and video files). Case Center automatically numbers
the exhibits. Plaintiff/Petitioner’s exhibits have an A- prefix (Exhibit A1, A2, etc.)
and Defendant/Respondent’s exhibits have a B- prefix (Exhibit B1, B2, etc.). During

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/01/2024

Docket Code 003
Form V000A
Page 3

the hearing, the parties must refer to exhibits using the Case Center exhibit numbers.
For assistance with Case Center, contact AOC Support Services at (602) 452-3519
(option 5) or [email protected], Monday – Friday 7 AM – 6 PM, excluding
State holidays.

4.
Exhibit Upload Assistance.  Scanners are available at each of the regional court Law
Library Resource Centers. Each scanner has an attached computer and instructions
on how to upload exhibits into Case Center.

5.
Exchange Exhibits. At least 5 business days (not including weekends) before the
hearing, you must give the other party copies of all exhibits you submitted for use at
the hearing.

6.
Physical Exhibits. The Courtroom Clerk will handle marking physical exhibits for
Self-Represented Litigants who opt out of Case Center. Attorneys who submit
physical exhibits must create a placeholder in Case Center and include “Physical
Exhibit” in the name of the exhibit prior to submitting the physical exhibit(s) to the
judge’s division. The collection of physical exhibits must have a Physical Exhibit
Case Coversheet that includes the following: (1) the name of the party submitting the
exhibit(s); (2) the case number; (3) the date of hearing; and (4) the exhibit number(s)
and description(s). In addition, each individual exhibit must have an Exhibit
Coversheet printed on color paper indicating the physical exhibit’s exhibit number in
Case Center. For Self Represented Litigants, if any individual exhibit is a document
that is longer than ten (10) pages, each page of the exhibit should be numbered.
Division staff will provide the exhibits to the Courtroom Clerk for marking. The
Courtroom Clerk will mark physical exhibit(s) with the same exhibit number used in
Case Center

7.
Devices and WiFi. If needed, hearing participants may request to use a court-
provided devices to view and present exhibits during an evidentiary hearing. All
requests for access to a court-provided device must be submitted to the division via
email 5 calendar days before the Hearing. Hearing participants can connect to the
court’s free MCPUBLIC WiFi for up to 90 minutes. For evidentiary hearings/trials
longer than 90 minutes, WiFi users, the parties may request access to MCSponsored
WiFi which will allow access to WiFi without the need to reconnect after 90 minutes
by emailing the assigned division 10 calendar days in advance of any Hearing. Self-
Represented Litigant access will be valid for 60 days; lawyer and nonlawyer
representative access will be valid for 365 days.
8.
Remote Witnesses. Any party who calls a witness who is appearing remotely (i.e.,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/01/2024

Docket Code 003
Form V000A
Page 4

by telephone or videoconference) should either (1) provide the witness with a copy
of all exhibits or (2) ensure that the remote witness has an electronic device available
that allows them to view exhibits displayed on a screen through either Case Center
or Teams.
9.
Exhibit Presentation During Hearings. Unless indicated otherwise in any hearing-
specific court minute entry or order, offerors may, but are not required to, use Case
Center to present (e.g., show to the court, a witness, or the jury) evidence during a
Hearing. Options for presentation of evidence include but are not limited to the
following: (1) use of paper copies of the exhibits that have been uploaded to Case
Center; (2) use of evidence presentation software and/or PDF viewers to display
PDFs of exhibits that have been uploaded to Case Center; (3) screen sharing of Case
Center through Court Connect (Teams); and (4) use of Case Center “Presentation”
mode to share exhibits. Parties are strongly encouraged to download PDFs of their
Case Center exhibits and/or have paper copies available in the event there are
technological difficulties in the courtroom.
10. Additional resources. For Case Center related training and questions, the parties
may wish to visit the Thomson Reuters Case Center Home Page at

https://answers.legalprof.thomsonreuters.com/casecenter-us/search. For technical
issues with Case Center, parties may contact AOC Support Services Monday –
Friday from 7:00 AM – 6:00 PM, excluding State holidays, at (602) 452-3519, 1-
800-720-7743 (toll free), or [email protected]. The parties may also wish to
review A.O. 2024-080 at https://superiorcourt.maricopa.gov/media/30ylnjsa/ao2024-
080-re-use-of-case-center-in-the-civil-department.pdf for additional information
regarding Case Center.

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.

Clerk of the Superior Court

*** Electronically Filed ***

10/03/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/02/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

ORDER ENTERED BY COURT

The Court has reviewed and considered Defense counsel’s Notice Re: September 20, 2024,
Order to Show Cause Return Hearing, in which counsel explains that a calendaring error resulted
in both Defendant and counsel inadvertently failing to appear at the hearing. The Court appreciates
counsel’s explanation and willingness to accept responsibility for the oversight.

IT IS THEREFORE ORDERED considering this matter resolved and taking no further
action on counsel’s and Defendant’s failure to appear at the hearing.

Clerk of the Superior Court

*** Electronically Filed ***

10/12/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/11/2023

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

MARCUS R MARTINEZ
JUDGE BLANEY

ORAL ARGUMENT RESET

On the Court’s own motion due to a calendar conflict,

IT IS ORDERED vacating the virtual Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment Against Defendant Susan M. Wellman on Court II – Lien Foreclosure set for
October 27, 2023 at 11:00 a.m. and resetting same to November 1, 2023 at 9:00 a.m. (time
allotted: 30 minutes) in this Division.

IT IS FURTHER ORDERED vacating the virtual Trial Setting Conference set for
October 27, 2023 at 11:00 a.m. and resetting same to November 1, 2023 at 9:00 a.m. (time
allotted: 15 minutes) to be heard in conjunction with the Oral Argument set above.

PLEASE NOTE: The proceeding set above will be held via Court Connect (the Court’s
videoconference/virtual hearing platform). An auto-generated email will or has been sent to
counsel of record and any parties representing themselves who have a valid email address on file
in this matter with information for joining the proceeding virtually. If for some reason you did not
receive the email, you may join the proceeding using the following link: Tiny URL:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/11/2023

Docket Code 095
Form V000A
Page 2

https://www.tinyurl.com/jbazmc-cvj09, or you may appear via telephone by calling 1-917-781-
4590, conference ID# 867 494 109#. For further information regarding Court Connect, please visit:
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.

Clerk of the Superior Court

*** Electronically Filed ***

10/14/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/13/2022

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

ARIZONA FEDERAL CREDIT UNION
333 N 44TH ST
PHOENIX AZ 85008
MARK A KIRKORSKY
COMM. RICHARD ALBRECHT
JUDGE BLANEY

ORDER ENTERED BY COURT

This Court has received Plaintiff’s e-filed Application for Entry of Default, filed October
4, 2022, as to Defendant Arizona Federal Credit Union in the above-captioned case.

IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).

The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Richard Albrecht.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

10/13/2022

Docket Code 023
Form V000A
Page 2

Pursuant to the Maricopa County e-Filing Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned Commissioner’s Division. A Commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the Division in paper form.

The parties/counsel can find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

Clerk of the Superior Court

*** Electronically Filed ***

11/03/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/01/2023

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
M. R. Diaz

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

ARIZONA FEDERAL CREDIT UNION
NO ADDRESS ON RECORD
JUDGE BLANEY

MINUTE ENTRY

East Court Building – Courtroom 411

9:00 a.m. This is the time set for a virtual Trial Setting Conference and Oral Argument
regarding Plaintiff’s Motion for Partial Summary Judgment Against Defendant Susan M. Wellman
on Count II – Lien Foreclosure, filed September 9, 2022. Plaintiff The Val Vista Lakes Community
Association is represented by counsel, Marcus R. Martinez, for counsel of record, Gregory A.
Stein. Defendant Susan M. Wellman is represented by counsel of record, Olen V. Lenets.
Defendant Arizona Federal Credit Union is neither present through a statutory representative
and/or represented by counsel. All participants appear virtually.

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

Discussion is held regarding the Joint Status Report.

Based on the discussion held on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/01/2023

Docket Code 020
Form V000A
Page 2

IT IS ORDERED the Parties shall meet and confer in-person or virtually by November
15, 2023, to discuss the status of the case and whether ADR is possible.

IT IS FURTHER ORDERED vacating the Trial Setting Conference set for today’s date,
November 1, 2023.

Discussion is held regarding Plaintiff’s Motion for Partial Summary Judgment Against
Defendant Susan M. Wellman on Count II – Lien Foreclosure, filed September 9, 2022.

Argument is presented.

Defendant’s counsel makes an oral Motion to the Court to strike Plaintiffs’ statement.

IT IS ORDERED denying Defendant’s Motion to Strike Plaintiff’s statement made on the
record; however, the Court will disregard the comment.

Based upon the argument presented on the record,

IT IS ORDERED taking Plaintiff’s Motion for Partial Summary Judgment under
advisement.

Discussion is held regarding attorney fees.

Discussion is held regarding settlement. The Court advises the Parties to inform the
Division if a settlement conference is necessary.

9:28 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/06/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/03/2023

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JUDGE BLANEY

UNDER ADVISEMENT RULING

The Court has reviewed and considered the following:

1.
Plaintiff’s Motion for Partial Summary Judgment Against Defendant Susan M.
Wellman on Count II – Lien Foreclosure;
2.
Plaintiff’s Separate Statement of Facts in Support of Motion for Partial Summary
Judgment Against Defendant Susan M. Wellman on Count II – Lien Foreclosure;
3.
Defendant Susan Wellman’s Response to Plaintiff’s Motion for Partial Summary
Judgment;
4.
Defendant Susan Wellman’s Controverting and Separate Statement of Facts in
Support of Response to Motion for Partial Summary Judgment;
5.
Plaintiff’s Reply in Support of Motion for Partial Summary Judgment Against
Defendant Susan M. Wellman on Count II – Lien Foreclosure;
6.
Plaintiff’s Response to Defendant’s Controverting and Separate Statement of Facts
in Support of Response to Motion for Partial Summary Judgment; and
7.
The arguments received at the November 1, 2023 oral argument.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/03/2023

Docket Code 926
Form V000A
Page 2

This case arises from a dispute between a homeowner and the governing homeowner’s
association. Plaintiff HOA alleged that Defendant was in violation of the HOA’s declaration and
other governing documents because she maintained a large quantity of trash on her property, had
unauthorized structures in her backyard in which various transient individuals were living,
inoperable vehicles, and other violations that constituted a nuisance. Plaintiff obtained a default
judgment against Defendant, along with a permanent injunction ordering that Defendant
permanently abate the nuisance. The injunction also contained a self-help provision, pursuant to
which Plaintiff could enter the property to abate the nuisance after providing notice if Defendant
failed to comply with the injunction.

Defendant failed to comply with the injunction and Plaintiff therefore exercised the self-
help provision. Plaintiff’s contractors cleared the property of over 220,000 pounds of trash and
other unauthorized items. The total cost to Plaintiff for the removal, not including attorney’s fees
and costs, was $38,960.99, which Plaintiff charged to Defendant’s account ledger pursuant to the
default judgment and Plaintiff’s governing documents. Defendant subsequently began including
with her monthly assessment an extra amount toward the $38,960.99. When she had paid
approximately $2,665.54 toward the total, Plaintiff filed a Supplemental Complaint to foreclose
upon the remaining $36,295.45.

After the initiation of this action, Defendant paid the remaining $36,295.45 in full. Plaintiff
seeks its reasonable attorney’s fees and costs arising from the foreclosure action.

Summary judgment is appropriate only if no genuine issue of material fact exists and the
moving party is entitled to judgment as a matter of law. See Rule 56(a), Arizona Rules of Civil
Procedure; Orme School v. Reeves, 166 Ariz. 301, 305 (1990); Hourani v. Benson Hosp., 211
Ariz. 427, 432 (App. 2005). All facts must be viewed in the light most favorable to the nonmoving
party. See Grain Dealers Mutual Insurance Co. v. James, 118 Ariz. 116 (1978); Farmers Ins. Co.
v. Vagnozzi, 138 Ariz. 443, 448 (1983). “Credibility determinations, the weighing of the evidence,
and the drawing of legitimate inferences from the facts” are not proper on summary
judgment. Orme School, 166 Ariz. at 309-10 (citing Anderson v. Liberty Lobby, 477 U.S. 242,
255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986)).

THE COURT FINDS that Plaintiff’s costs incurred while exercising self-help were
properly charged to Defendant’s account ledger and secured by Plaintiff’s assessment lien, subject
to foreclosure by Plaintiff.

THE COURT FURTHER FINDS that on the date that Plaintiff initiated this action,
Plaintiff was entitled to foreclose on the remaining $36,295.45 because Defendant was “delinquent
in the payment of monies secured by the lien … in the amount of $1,200 or more.” A.R.S. § 33-
1807(A); Laveen Meadows Homeowners Association v. Mejia, 249 Ariz. 81, 84-86 (App. 2020).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/03/2023

Docket Code 926
Form V000A
Page 3

THE COURT FURTHER FINDS that Defendant’s arguments in opposition lack
merit. Specifically, Defendant’s argument that Plaintiff failed to comply with the notice provision
A.R.S. § 33-1807(K) before filing its foreclosure action fails to recognize that Defendant had
sufficient notice that Plaintiff was initiating collection activities. The parties were already
involved in legal proceedings regarding this issue and the Court had already issued the default
judgment.

THE COURT FURTHER FINDS that there are no genuine issues of material fact
precluding summary judgment and Plaintiff has established its entitlement to judgment as a matter
of law.

IT IS THEREFORE ORDERED granting Plaintiff’s Motion for Partial Summary
Judgment Against Defendant Susan M. Wellman on Count II – Lien Foreclosure.

IT IS FURTHER ORDERED directing Plaintiff to prepare and lodge a form of Judgment
on or before November 13, 2023. Plaintiff shall file any application for attorney’s fees and
statements of taxable costs by this deadline as well. Defendant shall file any objections or
responses to the form of judgment or to the request for attorney’s fees and costs within ten (10)
days thereafter.

IT IS FURTHER ORDERED the Judgment shall contain Rule 54(c) language as upon
resolving attorney’s fees and costs, no further matters will remain pending.

Clerk of the Superior Court

*** Electronically Filed ***

11/12/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/08/2021

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi/S. Brown

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT

MINUTE ENTRY

Courtroom: ECB 813.

9:17 a.m. This is the time set for an Order to Show Cause Hearing. Plaintiff, Val Vista
Lakes Community Association is represented telephonically by counsel, Curtis Ekmark on behalf
of Gregory A. Stein. Defendant, Susan M. Wellman is present telephonically on her own behalf.
All participants are appearing via Microsoft Teams/Court Connect. No other parties are present.

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

Susan M. Wellman is sworn and testifies.

Discussion is held regarding Defendant’s failure to comply with the June 2, 2021 Default
Judgment.

Based upon matters, testimony and evidence presented to the Court,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/08/2021

Docket Code 005
Form V000A
Page 2

IT IS ORDERED that Plaintiff shall provide Defendant with two (2) weeks’ notice to
remove all unproved sheds or structures on the property pursuant to the June 2, 2021 Default
Judgment.

IT IS FURTHER ORDERED Defendant shall utilize the two (2) week notice to remove
any unapproved sheds and trash and debris that has accumulated in the backyard of her property.

IT IS FURTHER ORDERED that Defendant or any other individuals shall interfere
with Plaintiff or its authorized agents with the removal of the unapproved sheds or structures
located on the property.

IT IS FURTHER ORDERED affirming the injunction which states that trash and debris
are not to accumulate in the yard in the future and that any trash and debris can be removed by
Plaintiff.

9:32 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/13/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/12/2024

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
TESSA KNUEPPEL

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

JOSHUA M BOLEN
JUDGE BLANEY

HEARING

Prior to the commencement of today’s proceedings, Plaintiff’s exhibits 1 through 16 are
marked for identification. Defendant’s exhibits 1 through 11 are submitted electronically.

East Court Building – Courtroom 411

9:01 a.m. This is the time set for Evidentiary Hearing combined with Trial on the Merits
on Plaintiff’s Motion for Sanctions and Order to Show Cause Re: Contempt, filed May 21, 2024.
Plaintiff The Val Vista Lakes Community Association is represented by Counsel Tessa Knueppel
and Joshua M. Bolen. Defendant Susan M. Wellman, who is not present, is represented by Counsel
Olen V. Lenets.

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

The Court inquires as to the status of any settlement negotiations.

Discussion is held as to steps forward.

Discussion is also held as to a possible sale of the property.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/12/2024

Docket Code 005
Form V000A
Page 2

Defendant makes an oral motion for summary adjudication.

Argument is presented.

For the reasons stated on the record,

IT IS ORDERED denying Defendant’s oral motion for summary adjudication.

Opening statements are presented.

Plaintiff’s case:

Jeffrey R. Sloan is sworn and testifies.

Plaintiff’s Exhibits 3, 4, 5, 10, 11, 13, 14, 15 and 16 are received in evidence.

9:42 a.m. LET THE RECORD REFLECT Defendant Susan M. Wellman is now present.

The witness is excused subject to possible recall.

Plaintiff rests.

Defendant makes an oral Rule 50 Motion for Judgment as a Matter of Law.

Argument is presented.

The Court shares its preliminary analysis.

IT IS ORDERED Defendant shall file her Rule 50 Motion for Judgment as a Matter of
Law, limited to ten (10) pages, no later than November 29, 2024. Plaintiff’s response to
Defendant’s motion, limited to ten (10) pages, shall be filed no later than December 6, 2024.
Defendant’s reply, limited to five (5) pages, shall be filed five days thereafter.

IT IS ORDERED staying this Evidentiary Hearing/Trial on the Merits pending the Court’s
ruling on Defendant’s motion.

10:09 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/16/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

11/15/2021

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi/S. Brown

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT

MINUTE ENTRY

A clerical error having been made,
IT IS ORDERED correcting the Order to Show Cause Hearing minute entry dated
November 8, 2021 and filed November 12, 2021 page 2 paragraph 3 to read as follows:
“IT IS FURTHER ORDERED that Defendant or any other individuals shall not
interfere with Plaintiff or its authorized agents with the removal of the unapproved sheds or
structures located on the property.”
IT IS FURTHER ORDERED affirming the remainder of the Orders.
The minute entry dated November 8, 2021 is available for viewing
at: http://www.courtminutes.maricopa.gov.

Clerk of the Superior Court

*** Electronically Filed ***

12/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/07/2021

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN
SUSAN M WELLMAN
2313 E CORTEZ DR
GILBERT AZ 85234

COMM. RICHARD ALBRECHT

MINUTE ENTRY

The Court having received Defendant’s Request for Extension of Time filed on
November 5, 2021,

IT IS ORDERED denying the request as untimely and moot. The hearing was held on
November 8, 2021.

Clerk of the Superior Court

*** Electronically Filed ***

12/13/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/12/2022

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

CURTIS S EKMARK
SARAH D SLADICK
JUDGE BLANEY

STATUS CONFERENCE SET

The Court has reviewed and considered Defendant Susan Wellman’s Request for Rule
56(d) Relief and for Expedited Hearing, filed October 18, 2022.

For good cause shown,

IT IS ORDERED setting a virtual 30-minute hearing to consider Defendant’s Request
on December 14, 2022 at 1:30 p.m. The parties are not required to submit exhibits or a
prehearing memorandum prior to the hearing.

LET THE RECORD REFLECT counsel have been notified of the foregoing via email
from Court staff on December 12, 2022.

PLEASE NOTE: The proceeding set above will be held via Court Connect (the Court’s
videoconference/virtual hearing platform). An auto-generated email will or has been sent to
counsel of record and any parties representing themselves who have a valid email address on file

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/12/2022

Docket Code 028
Form V000A
Page 2

in this matter with information for joining the proceeding virtually. If for some reason you did
not receive the email, you may join the proceeding using the following link: Tiny URL:
https://www.tinyurl.com/jbazmc-cvj09, or you may appear via telephone by calling 1-917-781-
4590, conference ID# 867 494 109#. For further information regarding Court Connect, please
visit: 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.

Clerk of the Superior Court

*** Electronically Filed ***

12/16/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/14/2022

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
GREGORY A STEIN

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

CURTIS S EKMARK
SARAH D SLADICK
JUDGE BLANEY

STATUS CONFERENCE

East Court Building – Courtroom 411

1:33 p.m. This is the time set for a virtual Status Conference on Defendant Susan
Wellman’s Request for Rule 56(d) Relief and for Expedited Hearing, filed October 18, 2022.
Plaintiff The Val Vista Lakes Community Association is represented by Counsel Gregory A.
Stein. Defendant Susan M. Wellman is represented by Counsel Sarah D. Sladick for counsel of
record Olen V. Lenets. All appearances are virtual and/or telephonic via Court Connect/
Microsoft Teams.

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

The Court has reviewed Defendant’s Request.

Argument is presented and discussion is held.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/14/2022

Docket Code 029
Form V000A
Page 2

LET THE RECORD REFLECT the Court finds good cause to grant Defendant’s Rule
56(d) Motion.

IT IS ORDERED the parties are granted 45 days from the date of this Minute Entry to
complete the discovery requested for purposes of Defendant’s Rule 56(d) Motion.

IT IS FURTHER ORDERED at the end of the 45-day period, counsel shall meet and
confer at least telephonically to discuss the status of the case and whether Plaintiff will file an
amended motion for summary judgment. If Plaintiff chooses to file an amended motion, the
parties shall follow the normal briefing schedule in Rule 56(c). If Plaintiff does not elect to file
an amended motion, Defendant shall file an amended response to Plaintiff’s original summary
judgment motion within thirty (30) days after the meet-and-confer. Plaintiff may then file a
reply within fifteen (15) days thereafter.

1:46 p.m. Matter concludes.

PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No
filing will be accepted if filed in combination with another. Additionally, all filings shall be
fully self-contained and shall not “incorporate by reference” other separate filings for
review and consideration as part of the pending filing.

Clerk of the Superior Court

*** Electronically Filed ***

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

CV 2021-001865

12/20/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley

Deputy

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
MARCUS R MARTINEZ

v.

SUSAN M WELLMAN, et al.
OLEN V LENETS

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE BLANEY

ORDER ENTERED BY COURT

Pursuant to the parties’ Joint Status Report, filed November 13, 2023,
IT IS ORDERED that the parties participate in a mandatory settlement conference. This
case is referred to the Court’s Alternative Dispute Resolution (ADR) Department for the
appointment of a judge pro tempore to conduct a settlement conference. The judge pro tempore is
requested to conduct the settlement conference no later than April 18, 2024.
IT IS FURTHER ORDERED that no later than January 19, 2024 the parties file with
the Court a Joint Request and Certification of Readiness for Setting Settlement Conference Under
Rule 16(i), Ariz. R. Civ. P. The Joint Request and Certification of Readiness for Setting
Settlement Conference Under Rule 16(i), Ariz. R. Civ. P. is available through the Law Library
Resource
Center
website: https://tinyurl.com/CV-JointReq-English; https://tinyurl.com/CV-
JointReq-Spanish

IT IS FURTHER ORDERED that failure to file a Joint Request and Certification of
Readiness for Setting Settlement Conference will result in the Court vacating the ADR referral for

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001865

12/20/2023

Docket Code 023
Form V000A
Page 2

appointment of a judge pro tempore, with leave for the parties to seek another ADR referral upon
completion of the certification process.

Documents