04/08/2024 — CV2021014792 HOMEOWNERS ASSOCIATION, SUN GROVES 04/08/2024 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/09/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
04/08/2024
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
SUN GROVES HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
JOHN MORENO
ASHLEY C HILL
JUDGE BLANEY
JUDGMENT SIGNED
IT IS ORDERED approving and settling the formal written Judgment against Plaintiff
Sun Groves Homeowners Association signed by the Court April 4, 2024 and filed (entered) by the
Clerk on April 8, 2024.
Please note: The Court has signed a paper copy of the Judgment which was originally
provided electronically. After the Judgment has been scanned and docketed by the Clerk of Court,
copies
of
this
Judgment
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.
05/13/2023 — CV2021014792 HOMEOWNERS ASSOCIATION, SUN GROVES 05/13/2023 HONORABLE SCOTT BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/16/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
05/13/2023
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley
Deputy
SUN GROVES HOMEOWNERS
ASSOCIATION
ROBERT H WILLIS
v.
JOHN MORENO
ASHLEY C HILL
STEPHEN JOSEPH VAN GOOR
JUDGE BLANEY
RULING
The Court has reviewed and considered the following:
1.
Defendant’s Motion for Summary Judgment;
2.
Defendant’s Separate Statement of Facts in Support of Motion for Summary
Judgment and Supplement;
3.
The Association’s Response to Defendant’s Motion for Summary Judgment;
4.
The Association’s Opposing and Supporting Statement of Facts and related
Declarations; and
5.
Defendant’s Reply in Support of Motion for Summary Judgment.
This case arises from a dispute between a homeowner and the governing homeowner’s
association. The Association brought this lawsuit asking the Court to order the Defendant
homeowner to paint his house. After the initiation of the lawsuit, Defendant painted his house as
requested. The Association then amended its Complaint to assert a breach of contract claim,
seeking to recover its attorney’s fees and costs pursuant to the governing documents. Defendant
moves for summary judgment, arguing that Arizona does not recognize a stand-alone cause of
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
05/13/2023
Docket Code 019
Form V000A
Page 2
action for attorney’s fees. The Association argues in response that it is entitled to recover its fees
and costs pursuant to the Association’s governing documents.
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)). But the Court will not deny a motion for
summary judgment on the speculation “that some slight doubt …, some scintilla of evidence, or
some dispute over irrelevant or immaterial facts might blossom into a real controversy in the midst
of trial.” Orme School, 166 Ariz. at 311.
THE COURT FINDS that genuine issues of material fact preclude summary
judgment. For example, it is for the arbitrator – as finder of fact – to decide whether a failure to
paint one’s home after a certain number of years is a form of “misconduct,” and whether that
requirement is sufficiently clear to homeowners in the governing documents. The arbitrator may
also inquire as to whether the Association has strictly applied the same standard to other
homeowners. The arbitrator must additionally decide whether the Association made reasonable
efforts to contact Defendant before filing the present lawsuit and incurring its attorney’s fees and
costs; put another way, were the “common expenses” for which the Association seeks
reimbursement actually necessary and did the Association reasonably mitigate its damages? And
the arbitrator must weigh the credibility of the witnesses in determining whether the Association
met its due process requirements pursuant to the CC&Rs, something that the Court is not permitted
to do on summary judgment. See Orme School, 166 Ariz. at 309-10.
IT IS THEREFORE ORDERED denying Defendant’s Motion for Summary Judgment.
IT IS FURTHER ORDERED referring this matter back to the arbitrator so that he may
schedule and conduct an arbitration hearing.
10/05/2023 — CV2021014792 HOMEOWNERS ASSOCIATION, SUN GROVES 10/05/2023 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/06/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
10/05/2023
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
SUN GROVES HOMEOWNERS
ASSOCIATION
ROBERT H WILLIS
v.
JOHN MORENO
ASHLEY C HILL
CV ARBITRATION
JUDGE BLANEY
TRIAL SETTING CONFERENCE SET
The Court has reviewed and considered Defendant’s Appeal from Arbitration and Motion
for Trial Setting, file September 22, 2023.
IT IS ORDERED granting Defendant’s Motion.
IT IS FURTHER ORDERED setting this matter for a virtual Trial Setting Conference
on November 17, 2023 at 10:30 a.m. (time allotted: 15 minutes) in this Division.
IT IS FURTHER ORDERED that, no less than 10 days before the Trial Setting
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 parties anticipate the case will be ready for trial; and, 6) how many trial
days the parties estimate will be needed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
10/05/2023
Docket Code 026
Form V000A
Page 2
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.
11/08/2023 — CV2021014792 HOMEOWNERS ASSOCIATION, SUN GROVES 11/08/2023 HONORABLE SCOTT A. BLANEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/09/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
11/08/2023
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT A. BLANEY
P. McKinley
Deputy
SUN GROVES HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
JOHN MORENO
ASHLEY C HILL
JUDGE BLANEY
CONFERENCE VACATED
Based on the parties’ Joint Status Report, filed November 2, 2023,
IT IS ORDERED vacating the Trial Setting Conference set for November 17, 2023 at
10:30 a.m.
This Court desires to set purposeful hearings only. Therefore, the Court will not conduct
a Trial Setting Conference (TSC) until all pretrial activities are completed, all substantive motions
filed and rule upon, and all deadlines in the Scheduling Order have passed.
The parties are obligated to follow these steps:
1. Confirm all deadlines have passed, including those deadlines the parties have
mutually agreed to extend.
2. Confirm that discovery is complete.
3. Confirm the Court has considered and ruled upon all substantive motions.
4. Confirm the parties have exhausted settlement discussions (e.g., ADR).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-014792
11/08/2023
Docket Code 002
Form V000A
Page 2
Upon confirmation of numbers 1-4, above, the parties shall file a Request for TSC and
Joint Report to the Court. The filing shall state:
1. The parties request a TSC and a proposed date (timeframe).
2. A joint report to the Court containing:
a. a brief description of the case;
b. confirmation all deadlines have passed;
c. confirmation no outstanding substantive motions remain;
d. confirmation the parties have exhausted settlement discussions;
e. anticipated trial date; and
f. how many trial days needed.
It is incumbent upon the parties to manage and prepare their case. The Court will track
procedural matters; if the parties have not filed a Request for TSC and Joint Report to the Court
or notified the Court of settlement within 30 days after all expiration of all deadlines in the
Scheduling Order, the Court will place the case on the dismissal calendar and the matter will be
dismissed within two weeks after the Court’s internal review.
The Court anticipates setting a TSC within two weeks of receipt of file a Request for TSC
and Joint Report to the Court. Attorneys and self-represented parties shall have calendars
available for the conference; the Court will then set a firm trial date.
The Court advises the parties that nothing prevents any party from communicating with
division staff requesting a quick-set informal hearing to address an outstanding issue or specific
request. The parties may send an email to division staff at [email protected] and
[email protected].
