04/04/2023 — CV2022010131 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 04/04/2023 HONORABLE DANIELLE J. VIOLA View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/05/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
04/04/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
N. Johnson
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
THERON L SIMS JR., et al.
THERON L SIMS JR.
6446 E TRAILRIDGE CIR # 78
MESA AZ 85215
CAPITAL ONE BANK U S A, N A
1600 CAPITAL ONE DR
MC LEAN VA 22102
DAVINA DANA BRESSLER
CARISA R SIMS
3632 SW HOLLY LN
TOPEKA KS 66604
SCOTT QUINLAN WILLARD BARNES
& KEESHAN L L C
3101 N CENTRAL AVE STE 1030
PHOENIX AZ 85012
COMM. RICHARD ALBRECHT
JUDGE VIOLA
JAMES WILLARD
SCOTT, QUINLAN, BARNES AND
KEESHAN, LLC
1613 SW 37TH ST
TOPEKA KS 6611-2627
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
04/04/2023
Docket Code 023
Form V000A
Page 2
This Court has received Plaintiff’s e-filed Application/Motion for Default against defendants,
Capital One Bank (USA) NA and Scott, Quinlan, Willard, Barnes & Keeshan, LLC, 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 eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the Application for
Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit, and Application for
Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a default judgment packet
required by the Court, including the documents identified on the default judgment packet coversheet
in paper to the assigned commissioner’s division. A commissioner will not act upon a Motion for Entry
of Default Judgment until the default judgment packet with all the required documents has been
received by the division in paper form.
The parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
05/09/2023 — CV2022010131 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 05/09/2023 HONORABLE RICHARD ALBRECHT View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/10/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
05/09/2023
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
THERON L SIMS JR., et al.
THERON L SIMS JR.
6446 E TRAILRIDGE CIR # 78
MESA AZ 85215
CAPITAL ONE BANK U S A, N A
1600 CAPITAL ONE DR
MC LEAN VA 22102
DAVINA DANA BRESSLER
CARISA R SIMS
3632 SW HOLLY LN
TOPEKA KS 66604
SCOTT QUINLAN WILLARD BARNES
& KEESHAN L L C
3101 N CENTRAL AVE STE 1030
PHOENIX AZ 85012
COMM. RICHARD ALBRECHT
MINUTE ENTRY
IT IS ORDERED approving and settling formal written Order Regarding Lien Priority and
Entry of Judgment Against Defendant Carisa S. Sims signed by the Court on May 9, 2023 and
filed (entered) by the Clerk on May 9, 2023.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
05/09/2023
Docket Code 022
Form V000A
Page 2
PLEASE NOTE: Either the court has signed a paper copy of the order which was originally
provided electronically or not enough copies and/or envelopes have been provided by the
submitting party. 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. Notice is hereby given via minute
entry. After the order has been scanned and docketed by the Clerk of Court, copies will be available
through the ECR online at: www.clerkofcourt.maricopa.gov or through the Public Access
Terminals at the Clerk of Court’s offices located throughout Maricopa County.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
05/10/2023 — CV2022010131 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 05/10/2023 HONORABLE RICHARD ALBRECHT View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/11/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
05/10/2023
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RICHARD ALBRECHT
J. Lizardi
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
THERON L SIMS JR., et al.
THERON L SIMS JR.
6446 E TRAILRIDGE CIR # 78
MESA AZ 85215
CAPITAL ONE BANK U S A, N A
1600 CAPITAL ONE DR
MC LEAN VA 22102
DAVINA DANA BRESSLER
CARISA R SIMS
3632 SW HOLLY LN
TOPEKA KS 66604
SCOTT QUINLAN WILLARD BARNES
& KEESHAN L L C
3101 N CENTRAL AVE STE 1030
PHOENIX AZ 85012
COMM. RICHARD ALBRECHT
JUDGMENT SIGNED
IT IS ORDERED approving and settling formal written Order Entering Default Judgment
Against Defendant(s) Scott, Quinlan, Willard, Barnes, Kesshan, LLC. and Capital One Bank
(USA) NA signed by the Court on May 10, 2023 and filed (entered) by the Clerk on May 10, 2023.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
05/10/2023
Docket Code 049
Form V000A
Page 2
PLEASE NOTE: Either the Court has signed a paper copy of the judgment which was
originally provided electronically or not enough copies and/or envelopes have been provided by
the submitting party. When a judgment 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. Notice is hereby given
via minute entry. After the order has been scanned and docketed by the Clerk of Court, copies will
be available through the ECR online at:
www.clerkofcourt.maricopa.gov or through www.AZTurboCourt.gov.
Copies may also be accessed from the Public Access Terminals at the Clerk of Court’s
offices located throughout Maricopa County.
10/25/2022 — CV2022010131 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 10/25/2022 HONORABLE DANIELLE J. VIOLA View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/26/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
10/25/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
K. Cabral
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
THERON L SIMS JR., et al.
THERON L SIMS JR.
6446 E TRAILRIDGE CIR # 78
MESA AZ 85215
CAPITAL ONE BANK U S A, N A
1600 CAPITAL ONE DR
MCLEAN VA 22102
DAVINA DANA BRESSLER
CARISA R SIMS
3632 SW HOLLY LN
TOPEKA KS 66604
SCOTT QUINLAN WILLARD BARNES
& KEESHAN L L C
3101 N CENTRAL AVE STE 1030
PHOENIX AZ 85012
COURT ADMIN-CIVIL-ARB DESK
JUDGE VIOLA
Controverting Certificates of Arbitration
The Court has received Defendant’s Certificate of Compulsory Arbitration filed on
September 23, 2022 which appears to controvert Plaintiff’s Certificate of Compulsory Arbitration
filed on August 5, 2022. To resolve this dispute, the following procedures must be followed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010131
10/25/2022
Docket Code 023
Form V000A
Page 2
IT IS ORDERED Plaintiff shall, within 20 calendar days of the date of entry of this order,
serve a comprehensive disclosure statement that addresses the issue of Plaintiff’s claimed
damages. In addition to what otherwise may suffice as compliance with Rule 26.1,
“comprehensive” should be understood to include an itemized list of each element of
compensatory and consequential damages that Plaintiff seeks together with a detailed description
that would allow one to understand how each such amount of claimed damages was calculated (i.e.
merely reciting a number will not be sufficient). If Plaintiff is serious about seeking recovery for
any damages that do not lend themselves to more than an approximate calculation, then Plaintiff
must disclose the approximate amount or range that Plaintiff anticipates requesting as an award at
trial and a detailed explanation showing that the amount or range is reasonable. In addition, with
that disclosure, Plaintiff must attach all documents that in any way support the claimed damages.
IT IS FURTHER ORDERED if, after receipt of the disclosure (or, in the event of
Plaintiff’s failure to comply with the requirements of the preceding paragraph), Defendant
continues to maintain that the case is subject to compulsory arbitration, then Defendant should file
a request with this division to refer the case to Civil Court Administration-Arbitration Desk,
attaching a copy of the disclosure. It is not anticipated that such a motion will require more than
2-3 pages, including the caption and signature block.
IT IS FURTHER ORDERED if, after receipt of the disclosure, Defendant concludes that
it would be pointless to request a referral to arbitration at this time, Defendant should notify
Plaintiff, and in that event, the parties should comply immediately with Rule 16(c), failing which,
this case will be dismissed.
