02/01/2022 — CV2021019187 FLOYD F GANZER, THE, ESTATE OF 02/01/2022 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/02/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-019187
02/01/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz
Deputy
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
ESTATE OF FLOYD F GANZER, THE, et al.
ESTATE OF FLOYD F GANZER, THE
8437 E VIA DE ENCANTO
SCOTTSDALE AZ 85258
SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
40 N CENTRAL AVE STE 1800
PHOENIX AZ 85004
JUDGE J. SMITH
MINUTE ENTRY
The Court received Plaintiff’s Motion for an Order Allowing Service by Publication (filed
01/27/2022). Plaintiff acknowledged that the property owner, Floyd Ganzer, is deceased. Plaintiff
cannot find any information about a probate case for Mr. Ganzer’s estate, a personal representative,
etc.
Service by publication is appropriate when a plaintiff cannot “determine the person’s
current address . . . .” Ariz. R. Civ. P. 4.1(l)(1). The difficulty here, however, is not a lack of
address for Mr. Ganzer; it is his death and the fact that serving him is impossible. The rule also
requires that “service by publication is the best means practicable in the circumstances for
providing the person with notice of the action's commencement[.]” Those same realities about
Mr. Ganzer’s death make it difficult to apply the rule here. It would stretch the bounds of reason
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-019187
02/01/2022
Docket Code 023
Form V000A
Page 2
to think publishing notice in a newspaper is the best means to notify Mr. Ganzer or a non-existent
personal representative of the action.
Plaintiff framed the action as one against an estate. But the lack of a personal
representative or special administrator seems to preclude such an action. A.R.S. § 14-3104. That
statute lets secured creditors proceed, however, to enforce security “except as to any deficiency
judgment . . . .” See also A.R.S. § 14-3614 (regarding special administrators). The Court would
benefit from additional information from Plaintiff about the propriety of service by publication
here. Plaintiff should file a supplement within 10 days of the Clerk filing this order.
IT IS SO ORDERED.
02/18/2022 — CV2021019187 FLOYD F GANZER, THE, ESTATE OF 02/18/2022 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/22/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-019187
02/18/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz
Deputy
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
ESTATE OF FLOYD F GANZER, THE, et al.
ESTATE OF FLOYD F GANZER, THE
8437 E VIA DE ENCANTO
SCOTTSDALE AZ 85258
SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
40 N CENTRAL AVE STE 1800
PHOENIX AZ 85004
JUDGE J. SMITH
MINUTE ENTRY
The Court received Plaintiff’s Motion for an Order Allowing Service by Publication (filed
01/27/2022) and Supplement to Motion for an Order Allowing Service by Publication (filed
02/14/2022). The Court was not concerned about the propriety of serving the unknown heirs by
publication. Plaintiff met the requirements of Arizona Rules of Civil Procedure 4.1(l) and 4.1(m).
IT IS ORDERED granting Plaintiff’s request to serve the unknown heirs of Floyd F.
Ganzer by publication.
The Court’s concern is Plaintiff’s request to serve the Estate of Floyd F. Ganzer by
publication. An estate is not a jural entity—it is a collection of property and debts. No one seeing
a published notice would be authorized to act for the estate. In sum, we know publication would
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-019187
02/18/2022
Docket Code 023
Form V000A
Page 2
not be reasonably calculated to apprise someone about the litigation. And Plaintiff’s supplement
did not provide any authority allowing service by publication on an estate. It seems Plaintiff’s
path is to have a special administrator appointed. A.R.S. § 14-3614.
IT IS FURTHER ORDERED denying Plaintiff’s request to serve the Estate of Floyd F.
Ganzer by publication.
04/28/2022 — CV2021019187 FLOYD F GANZER, THE, ESTATE OF 04/28/2022 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/29/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-019187
04/28/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz
Deputy
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
ESTATE OF FLOYD F GANZER, THE, et al.
ESTATE OF FLOYD F GANZER, THE
8437 E VIA DE ENCANTO
SCOTTSDALE AZ 85258
NOEL C CAPPS
COMM. CRONIN
JUDGE J. SMITH
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default (filed
04/25/2022), against Defendant Unknown Heirs and Devisees of Floyd F. Ganzer 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
Cronin.
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 2021-019187
04/28/2022
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 also find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/.
