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Maricopa County Superior Court Case CV2023-012489: public docket details, parties, minute entries, documents, and official source links for Safari Drive Condominium Association.

Case Number

CV2023-012489

County

Maricopa

Caption

Not captured

Filed

8/16/2023

Case Type

Civil

Judge

Warner, Randall

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

01/24/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

01/23/2025

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
A. Walker

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

STATUS CONFERENCE SET

Before the Court is the parties' January 17, 2025 Joint Statement of Discovery Dispute.

IT IS ORDERED setting a Status Conference on February 3, 2025 at 1:45 p.m. (time
allotted: 15 minutes) in this division for the purpose of discussing the dispute.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

01/23/2025

Docket Code 028
Form V000A
Page 2

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

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 ***

01/29/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

01/27/2026

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

MINUTE ENTRY

Before the Court is Defendant/Counterclaimant’s January 26, 2026 Joint Motion to
Vacate and Reset the February 12, 2026 Trial Setting Conference and Joint Motion to Extend the
Deadline to File Replies to the Parties’ Motions for Summary Judgment. A jury trial is set in this
matter to begin April 13, 2026. The Court set a trial-setting conference on the parties' requests to
continue the trial. That conference has been continued once at the parties' request and good cause
is not shown to continue it again.

IT IS ORDERED denying the Motion.

Clerk of the Superior Court

*** Electronically Filed ***

02/04/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

02/02/2026

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
Z. Wilhelm/C. Ladden

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

MINUTE ENTRY

Before the Court is the parties’ January 30, 2026 Joint Motion to Reconsider January 27,
2026 Order. Good cause shown,

IT IS ORDERED granting the Motion.

IT IS FURTHER ORDERED vacating the Trial Setting Conference set on February 12,
2026 at 8:45 a.m. in this division.

IT IS FURTHER ORDERED vacating the Final Trial Management Conference set on
March 13, 2026 at 10:00 a.m. and the 4-day Jury Trial on April 13, 2026 at 9:30 a.m. in this
division.

Clerk of the Superior Court

*** Electronically Filed ***

02/06/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

02/03/2025

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
C. Curley

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

STATUS CONFERENCE

Courtroom 712 – East Court Building

1:49 p.m. This is the time set for a virtual Status Conference regarding the parties’ Joint
Statement of Discovery Dispute filed on January 17, 2025. Plaintiff, Safari Drive Condominium
Association, is represented by counsels, Ember Van Vranken and Lori Metcalf. Defendant,
Wuzup Homes, LLC, is represented by counsels, Isaac Gabriel and Sarah Malham.

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

Argument is held regarding the Defendant’s request for Plaintiff to produce its ESI
Documents within 30 days of today’s date.

By agreement of the parties,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

02/03/2025

Docket Code 029
Form V000A
Page 2

The electronically stored information issue has resolved as follows:

IT IS ORDERED that within one week of today’s date, Plaintiff will electronically
produce to Defendant, for attorney’s eyes only review, all 15,000 documents obtained through
the application of electronic search terms. Defendant will within a reasonable time designate
which of those documents it intends to use as evidence in trial. The documents so designated
will then be reviewable by the client. All other documents will remain attorney’s eyes only
unless there is some other designation. Any disputes regarding this process can be brought to the
Court through Rule 26(d).

IT IS FURTHER ORDERED and by agreement of the parties, that the disclosure of
these documents through this process will not constitute a waiver of any privilege and may be
subject to being clawed back.

Discussion is held regarding Plaintiff’s Request for Mr. Wright’s deposition and Defense
counsel’s request to extend the deadline for Mr. Wright’s deposition.

IT IS ORDERED deposition of Mr. Wright take place at a date and time agreed to by
counsel no later than April 11, 2025. No further extensions of the deposition deadline will be
allowed absent an order of the court supported by a motion which must be accompanied by a
medical provider’s opinion that he is unable to participate in a deposition.

Discussion is held regarding Defense counsel’s request to extend the deadline for
Defense’s expert report.

IT IS ORDERED Defense counsel shall file a stipulation or an opposed motion to
extend the deadline.

IT IS FURTHER ORDERED Plaintiff’s counsel shall file a response or an objection to
Defendant’s motion to extend the deadline.

2:05 p.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

02/20/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

02/19/2026

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

ORAL ARGUMENT SET

Before the Court are Defendant/Counterclaimant’s November 14, 2026
Defendant/Counterclaimant Wuzup Homes, LLC’s Motion for Summary Judgment and
Plaintiff/Counter-Defendant’s November 14, 2026 Plaintiff/Counterdefendant’s Motion for
Partial Summary Judgement.

Oral argument having been requested,

IT IS ORDERED setting Oral Argument on April 10, 2026 at 2:30 p.m. (time allotted:
1 hour) in this division regarding the two Motions for Summary Judgment.

Oral argument shall be limited to one (1) hour with the time divided equally between the
sides.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

02/19/2026

Docket Code 094
Form V000A
Page 2

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.

Counsel and the parties, if representing themselves, are to appear in person before:

The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Suite 712
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746

Clerk of the Superior Court

*** Electronically Filed ***

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

CV 2023-012489

04/03/2025

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
L. Gilbert

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

LORI A METCALF
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE WARNER

ADR REFERRAL

Pursuant to the Third Amended Scheduling Order electronically signed by the Court on
April 3, 2025 and filed (entered) by the Clerk on April 4, 2025,

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 July 7, 2025.

IT IS FURTHER ORDERED that no later than April 8, 2025 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/03/2025

Docket Code 023
Form V000A
Page 2

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

Clerk of the Superior Court

*** Electronically Filed ***

04/14/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/10/2026

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

MINUTE ENTRY

East Court Building – Courtroom 712

2:25 p.m. This the time set for an in person Oral Argument regarding
Defendant/Counterclaimant’s November 14, 2026 Defendant/Counterclaimant Wuzup Homes,
LLC’s Motion for Summary Judgment and Plaintiff/Counter-Defendant’s November 14, 2026
Plaintiff/Counterdefendant’s Motion for Partial Summary Judgement. The following
parties/counsel are present:

 Plaintiff/Counter-Defendant, Safari Drive Condominium Association, is represented
by counsel, Kyle Banfield, and co-counsel, Eadie Rudder.
 Defendant/Counterclaimant, Wuzup Homes LLC, is represented by counsel, Isaac M.
Gabriel, and by co-counsel, Anne-Grace Reule.
 No one else appears.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/10/2026

Docket Code 020
Form V000A
Page 2

Discussion is held and arguments are presented.

Based upon the matters presented and for the reasons stated on the record,

IT IS ORDERED taking this matter under advisement.

3:18 p.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

04/15/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

MINUTE ENTRY

This is a dispute between a condominium association and an owner/member over past-
due assessments and disability accommodations. Four motions are under advisement following
argument:

1.
Plaintiff/Counter-Defendant’s November 14, 2025 Motion For Partial Summary
Judgment.

2.
Defendant/Counterclaimant Wuzup Homes, LLC’s November 14, 2025 Motion
For Summary Judgment.

3.
Plaintiff/Counter-Defendant’s February 18, 2026 Daubert Motion To Exclude The
Testimony Of Susan Moe.

4.
Plaintiff/Counter-Defendant’s March 9, 2026 Motion To Strike Objection To
Controverting Statement Of Facts.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 2

1.
Background.

Plaintiff Safari Drive Condominium Association is the owner’s association for the Safari
Drive Condominiums, a residential condominium on North Scottsdale Road in Scottsdale.
Defendant Wuzup Homes, LLC owns a unit in the Safari Drive Condominiums, which it rents
out as an investment property.

The Association says Wuzup was behind on its monthly assessments and fees as far back
as 2020, which Wuzup disputes. That year, the monthly assessment increased to $755.46, but
Wuzup kept paying $750 per month. The parties dispute whether Wuzup got notice of the
increase. But regardless, the Association began charging Wuzup a $75.55 late fee—10% of the
entire payment—each month Wuzup underpaid by $5.55.

As of March 16, 2022, the Association’s ledger showed $7,901.23 in past due
assessments, late charges, and penalties.

By the time the Association filed this lawsuit in August 2023, it claimed Wuzup owed
$25,000 in past due assessments and fees. Wuzup countersued, claiming (among other things)
that the Association engaged in housing discrimination by not providing reasonable
accommodations in its communications with Wuzup’s owner, Timothy Wright.

Nearly three years of litigation have followed. During that time, the balance the
Association claims has ballooned due to a standoff between the parties.

At some point, the Association told Wuzup it could no longer accept monthly assessment
payments directly or through its electronic portal. Rather, because the matter was in collections,
its policy is that payment must be made to counsel. Despite this, Wuzup has continued trying to
make monthly payments directly to the Association, which the Association has rejected due to its
policy. And while the Association insists monthly assessment payments be made to counsel,
Wuzup refuses to do this.

The pending motions raise several issues.

2.
Fair Housing.

Mr. Wright, who owns Wuzup, is legally blind. He requested the Association provide
him two accommodations: (1) sending critical communications to him in large font, and (2)
communicating the contents of written notices to him over the phone. He claims the Association
violated the Federal and State Fair Housing Acts by failing to provide him those reasonable
accommodations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 3

The Federal Fair Housing Act defines discrimination to include “a refusal to make
reasonable accommodations in rules, policies, practices, or services, when such accommodations
may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” 42
U.S.C.A. § 3604(f)(3)(B). The Arizona Fair Housing Act contains the same definition. A.R.S. §
41-1491.19(E)(2).

Wuzup’s fair housing claim fails as a matter of law. First, there is no evidence the
Association discriminated against Wuzup by treating it differently from other owners because of
Mr. Wright’s disability. Rather, the evidence shows the Association did not provide Wuzup the
accommodations it requested on account of Mr. Wright’s disability. But that failure was not a
fair housing violation because the accommodations were not necessary to afford Mr. Wright the
equal opportunity to use and enjoy a dwelling. They were related to business communications,
not Mr. Wright’s or Wuzup’s use or enjoyment of the dwelling.

Summary judgment is granted on Wuzup’s fair housing counterclaims.

3.
Assessments And Lien Foreclosure.

Both sides seek summary judgment on whether Wuzup owes the Association for unpaid
assessments and, therefore, whether the Association may foreclose its lien. The conflicting
evidence in the record does not permit summary judgment on this issue. Among the fact issues
are:


When and whether certain payments were made.

Whether Wuzup received adequate notice of monthly assessment increases and
other charges.

Whether certain charges (“late fees,” “Self-Help” fee, and “re-bill” fees) were
justified.

Whether the Association “exercise[d] reasonable efforts to communicate with the
member and offer a reasonable payment plan before filing a foreclosure action.”
A.R.S. § 33-1807(A).
In two respects, however, partial summary judgment is granted. First, Wuzup owes past
due monthly assessments, despite claiming to have tendered them to the Association. The
Association may have violated the implied duty of good faith and fair dealing by refusing to
accept Wuzup’s monthly payments except through counsel. Accordingly, fees and interests

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 4

charged on those rejected payment may be improper. But as a matter of law, Wuzup cannot
avoid its duty to pay monthly assessments by (1) continuing to transmit payments in a manner it
knows will be rejected, and (2) refusing to transmit payments in a manner it knows will be
accepted.

Second, at least some of the Association’s late fees are unlawful penalties. A.R.S. § 33-
1242(11) permits the association to “[i]mpose charges for late payment of assessments after the
association has provided notice that the assessment is overdue or provided notice that the
assessment is considered overdue after a certain date.” Accordingly, the Association charges a
10% fee on late payments.

Here, however, the Association in some instances charged a full 10% late fee on
payments that were not late, but rather five dollars short. A 10% fee on a late payment is not an
unlawful penalty. It satisfies the requirements of liquidated damages under Arizona law, and
therefore is appropriate under A.R.S. § 33-1242(11). See Dobson Bay Club II DD, LLC v. La
Sonrisa de Siena, LLC, 242 Ariz. 108, 115 (2017) (where damages may be difficult to determine,
an amount charged for breach of contract that is reasonable in relation to anticipated or actual
loss is proper liquidated damages; if not, it is an unlawful penalty).

But when, as here, a member continues to pay the old assessment instead of an increased
assessment, the payment is not late, it is short. And a $75 fee on a $5 shortfall is not a reasonable
approximation of either anticipated damages or actual damages.

4.
Implied Duty of Good Faith and Fair Dealing.

Wuzup claims the Association breached the implied covenant of good faith and fair
dealing in several respects. To the extent this claim is based on the Association’s failure to
provide disability accommodations to Mr. Wright, summary judgment is granted. The implied
covenant of good faith and fair dealing does not impose a duty on the Association to
accommodate disabilities greater than the duty imposed by statute.

To the extent the good faith and fair dealing claim is based on the Association’s
communications with Wuzup, its assessment of certain fees, or its refusal to allow direct
payments once the matter was in litigation, the evidence could (but does not necessarily) support
this contract claim.

5.
Negligence.

In addition to its fair housing claim, Wuzup claims the Association negligently damaged
its property. The evidence does not permit deciding this claim on summary judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 5

6.
Wrongful Lien Claim.

Wuzup also pursues a wrongful lien claim under A.R.S. § 33-420. As discussed above,
Wuzup at the very least owes the Association for past due assessments. The Association’s lien is
therefore proper. But due to disputes about many of the Association’s charges, the Court cannot
determine as a matter of law that the lien does not contain a material misstatement or false claim.

7.
Daubert Motion.

The Association moves to exclude the testimony of Wuzup’s expert, Susan Moe. Ms.
Moe is an architect who opines that the accommodations Mr. Wright requested were reasonable
and that the Association was obligated to grant them.

The Motion is granted because Ms. Moe has no specialized training or expertise that
would help the jury decide whether the accommodations Mr. Wright sought were reasonable.
Whether it is reasonable to require the Association to grant Mr. Wright’s requested
accommodations is a question for the jury. And while the reasonableness of things like structural
changes may be within the expertise of an architect, nothing in Ms. Moe’s reports suggests she
has greater expertise than jurors on the reasonableness of communication accommodations.

8.
Motion to Strike.

The Association moves to strike Wuzup’s February 13, 2026 Evidentiary Objections To
Safari Drive Condominium Association’s Controverting Statement Of Facts. The Motion is
granted because the “Evidentiary Objections” violate Rules 7.1(f)(3), 56(c)(3)(C), and 56(c)(4).

9.
Orders.

IT IS ORDERED granting in part Plaintiff/Counter-Defendant’s November 14, 2025
Motion For Partial Summary Judgment. Summary judgment is granted on Wuzup’s fair housing
claim, and as to the fact that there are past due assessments (though not the amount), and is
denied in all other respects.

IT IS FURTHER ORDERED granting in part Defendant/Counterclaimant Wuzup
Homes, LLC’s November 14, 2025 Motion For Summary Judgment. Summary judgment is
granted as to certain late fees, and denied in all other respects.

IT IS FURTHER ORDERED granting Plaintiff/Counter-Defendant’s February 18,
2026 Daubert Motion To Exclude The Testimony Of Susan Moe.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/13/2026

Docket Code 926
Form V000A
Page 6

IT IS FURTHER ORDERED granting Plaintiff/Counter-Defendant’s March 9, 2026
Motion To Strike Objection To Controverting Statement Of Facts.

Clerk of the Superior Court

*** Electronically Filed ***

04/17/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

04/16/2025

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
L. Gilbert

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE WARNER

MINUTE ENTRY

By minute entry dated April 3, 2025 and in accordance with AO 2023-009, this Court
directed parties to submit their certification as to their readiness to proceed with their ADR
settlement conference by no later than April 8, 2025. The certification has not been submitted.

IT IS THEREFORE ORDERED vacating the ADR referral. The parties may seek a
new ADR referral at such time they can certify their ability to proceed.

Clerk of the Superior Court

*** Electronically Filed ***

06/05/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

06/03/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAY RYAN ADLEMAN
L. Gilbert

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE ADLEMAN

ORDER ENTERED BY COURT

Pursuant to the request of the parties in their Joint Report, filed on May 31, 2024, and the
Scheduling Order electronically signed by the Court on June 3, 2024,
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 November 29, 2024.
IT IS FURTHER ORDERED that no later than December 1, 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

06/03/2024

Docket Code 023
Form V000A
Page 2

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

Clerk of the Superior Court

*** Electronically Filed ***

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

CV 2023-012489

06/05/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAY RYAN ADLEMAN
L. Gilbert

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE ADLEMAN

MINUTE ENTRY

Due to a clerical error,

IT IS ORDERED amending the June 3, 2024 minute entry, page 1, paragraph 3, to
reflect that the parties shall file with the Court a Joint Request and Certification of Readiness for
Setting Settlement Conference no later than September 3, 2024, in place and instead of
December 1, 2024.

IT IS FURTHER ORDERED the remainder of the June 3, 2024 minute entry remains
unchanged.

Clerk of the Superior Court

*** Electronically Filed ***

09/11/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/10/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Eaton

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE WARNER

MINUTE ENTRY

By minute entry dated June 5, 2024 and in accordance with AO 2023-009, this Court
directed parties to submit their certification as to their readiness to proceed with their ADR
settlement conference by no later than September 3, 2024. The certification has not been
submitted.
IT IS THEREFORE ORDERED vacating the ADR referral. The parties may seek a
new ADR referral at such time they can certify their ability to proceed.

Clerk of the Superior Court

*** Electronically Filed ***

09/13/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/12/2024

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
A. Villela/C. Hall

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

STEPHANIE MARIE HOCKRIDGE
NO ADDRESS ON RECORD
NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

MINUTE ENTRY

ORAL ARGUMENT SET

Before the Court is Plaintiff/Counterdefendants Motion to Dismiss Wuzup Homes, LLC’s
Third and Fourth Counterclaims Based on Alleged Violations of 42 U.S.C. §3604 and A.R.S.§41-
1492.02., filed July 19, 2024.

On the Court’s own motion,

IT IS ORDERED setting Oral Argument Plaintiff/Counterdefendants Motion to Dismiss
Wuzup Homes, LLC’s Third and Fourth Counterclaims Based on Alleged Violations of 42 U.S.C.
§3604 and A.R.S.§41-1492.02., filed July 19, 2024, for October 18, 2024 at 11:30 a.m. (time

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/12/2024

Docket Code 094
Form V000A
Page 2

allotted: 30 minutes) in this division. Counsel and the parties, if representing themselves, are to
appear in person before:

The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Suite 712
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746

Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides.

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 ***

09/15/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/12/2025

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
A. Walker

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

TRIAL SETTING CONFERENCE RESET

Before the Court is Defendant’s September 10, 2025 Stipulation to Amend Scheduling
Order Dispositive Motion Deadline.

IT IS ORDERED vacating the virtual Trial Setting Conference set on September 26,
2025 at 9:15 a.m. and resetting same to October 22, 2025 at 9:30 a.m. (time allotted: 15
minutes), in this division for the purpose of setting trial, if the case is ready to set trial. This
matter will be heard by video/audio conference using Court Connect. Court Connect is the
Superior Court in Maricopa County’s video court hearing platform. For more information about
Court Connect, please visit: https://superiorcourt.maricopa.gov/court-connect.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/12/2025

Docket Code 083
Form V000A
Page 2

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

IT IS FURTHER ORDERED that, no less than five (5) 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 parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

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 ***

10/01/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/30/2025

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

TRIAL SETTING CONFERENCE RESET

On the Court’s own motion,

IT IS ORDERED vacating the virtual Trial Setting Conference set on October 22, 2025
at 9:30 a.m. and resetting same to October 15, 2025 at 9:00 a.m. (time allotted: 15 minutes), in
this division for the purpose of setting trial, if the case is ready to set trial. This matter will be
heard by video/audio conference using Court Connect. Court Connect is the Superior Court in
Maricopa County’s video court hearing platform. For more information about Court Connect,
please visit: https://superiorcourt.maricopa.gov/court-connect.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

09/30/2025

Docket Code 083
Form V000A
Page 2

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

IT IS FURTHER ORDERED that, no less than five (5) 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 parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

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 ***

10/17/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

NATHAN REIS
7000 BAHIA BEACH BLVD
RIO GRANDE
PUERTO RICO 00745
JUDGE WARNER

MINUTE ENTRY

East Court Building – Courtroom 712 – VC

9:05 a.m. This is the time set for a virtual Trial Setting Conference. The
following parties/counsel are present:

 Plaintiff/Counter-Defendant, Safari Drive Condominium Association, is
represented by counsel, Kyle Banfield, and co-counsel, Lydia A. Peirce
Linsmeier.
 Defendant/Counterclaimant, Wuzup Homes LLC, is represented by counsel,
Sarah Malham, on behalf of counsel of record, Isaac M. Gabriel.
 No one else appears.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 2

The Court and counsel discuss the status of the case and setting a trial date. Accordingly,

IT IS ORDERED setting this matter for a 4-day jury trial on April 13, 14, 15, and 16,
2026 at 9:30 a.m. in this division before:

The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Suite 712
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746

Trial hours and days are normally 9:30 a.m. to 4:30 p.m. (with a lunch recess from noon
to 1:30 p.m. and two 15-minute recesses, daily), Monday through Thursday.

IT IS FURTHER ORDERED setting a Final Trial Management Conference for March
13, 2026 at 10:00 a.m. (time allotted: 1 hour) in this division. All counsel (and any self-
represented party) shall appear in person unless otherwise ordered.

9:11 a.m. Matter concludes.

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.

Based on the trial setting, the Court sets the following deadlines and makes the following
orders. The dates set forth in this order are firm dates and will not be extended or modified by
this Court absent good cause. Lack of preparation will not ordinarily be considered good cause.

DUTIES BEFORE THE FINAL TRIAL MANAGEMENT CONFERENCE

MOTIONS IN LIMINE. All motions in limine shall be filed no later than 5:00 p.m. on
February 23, 2026. Written responses to motions in limine may be filed no later than 10 calendar
days after service of the motion. No replies shall be filed. The Court may hear argument at the final
trial management conference or may rule without oral argument. The parties must comply with

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 3

Ariz. R. Civ. P. Rule 7.2(a) before filing any motion in limine. Each side will be limited to filing
no more than 5 motions in limine. However, either side may file a brief of unlimited length
addressing evidentiary issues anticipated to arise at trial.

JOINT PRETRIAL STATEMENT. The parties shall file with the Court no later than
5:00 p.m. on March 6, 2026, a Joint Pretrial Statement, signed by all counsel (and any self-
represented party) and containing the following. This order modifies the requirements of Ariz. R.
Civ. P. 16(f).

1. List of Claims. The Joint Pretrial Statement must contain a list of all claims or causes of
action on which a verdict is sought by any party. Such list shall specify (1) the cause of
action (e.g., breach of contract, negligence, etc.), (2) each party asserting that cause of
action, and (3) each party against whom that cause of action is asserted.

2. No List of Issues. The requirements of Ariz. R. Civ. P. 16(f)(2)(A), (B) and (C) are
waived. The parties need not prepare a list of stipulations, agreed contested issues or
other issues considered material. Disputes over what issues are properly in the case will
be decided under Rule 26.1. The parties may, if they wish, submit one or more separate
stipulations regarding facts, evidence or other matters.

3. Summary of the Case for Jury Selection. The Joint Pretrial Statement must include an
agreed-upon brief (generally less than 200 words) summary of the case for jury selection
purposes. If the parties cannot agree, they must submit separate proposed summaries.

4. Final Trial Witnesses. The Joint Pretrial Statement must include an exhibit entitled
Final Trial Witness List, which must list each witness a party expects to call at trial (in
person or by deposition) and the day on which they expect to call that witness. If the
Court finds that a party unreasonably included witnesses not likely to be called at trial, it
may consider appropriate sanctions.

5. Trial Exhibits. As required by Rule 16(f)(E), all trial exhibits must be listed in the Joint
Pretrial Statement along with objections. The Court typically resolves objections to
exhibits at trial, but objections must be listed in the Joint Pretrial Statement to be
preserved. If the Court finds that a party unreasonably included exhibits not likely to be
used at trial, it may consider appropriate sanctions.

6. Deposition Designations. Deposition designations and objections should not be
included in the Joint Pretrial Statement, but must be submitted to the Court three judicial
days before the start of trial. The Court will resolve deposition designations as follows:
By 4:00 p.m. the day before a party plans to read deposition testimony, that party must

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 4

provide the Court a hard copy of the deposition transcript with (1) the portions to be read
highlighted, (2) any counter-designations highlighted in a different color, and (3) any
objections written in the margin. The Court will rule on any objections by the next day.
If the party plans to play a video deposition, the transcript must be provided by 4:00 p.m.
two days before the deposition will be played.

7. Other Matters. The Joint Pretrial Statement must include the matters in Ariz. R. Civ. P.
16(f)(2)(H), (I), (J) and (K).

JURY INSTRUCTIONS; VOIR DIRE. The parties shall meet and agree on as many
proposed jury instructions as possible. The parties shall file with the Court, with their Joint Pretrial
Statement, copies of:

1. Proposed voir dire questions.

2. Agreed-upon preliminary and final jury instructions and proposed forms of verdicts.

3. Separate sets of requested instructions that have not been agreed upon. Recommended
Arizona Jury Instructions (“RAJI”) may be referred to by name without reprinting, but if
the RAJI contains options for the Court the party should indicate which options it is
requesting.

Jury instructions not requested by the final trial management conference will be deemed
waived unless good cause exists for the untimely request.

SETTLEMENT. The parties are reminded to promptly notify the Court of any settlement
pursuant to Ariz. R. Civ. P. 5.3(d). One day’s jury fees will be assessed unless the Court is notified
of settlement before 2:00 p.m. on the judicial day before the trial.

DUTIES AT TRIAL MANAGEMENT CONFERENCE

At the final trial management conference, the parties shall be prepared to discuss:

1. The claims and parties as to which a verdict is sought.

2. The length of the trial and any time limits to complete the trial in the allotted time.

3. Any scheduling or equipment issues.

4. Voir dire.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 5

5. Any special issues regarding exhibits or deposition designations.

6. Preliminary jury instructions.

7. The case summary for jury selection purposes.

8. Motions in limine.

9. The potential for settlement before trial.
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 [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
https://digitalevidence.azcourts.gov/?tlang=en-US. The website has links to training resources
that will guide you through uploading exhibits and navigating Case Center. The Clerk of Court
will send an email invitation to each party (or their attorney of record) with a case-specific Case
Center link for uploading exhibits before the first hearing. For subsequent hearings in the same
case, parties will not receive another email and should access the case on the Case List page. For
instructions, See AccessPortalAndSearchForCase.pdf (azcourts.gov) 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 6

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 a P- prefix (Exhibit P1, P2, etc.) and Defendant/Respondent’s
exhibits have a D- prefix (Exhibit D1, D2, 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.
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/15/2025

Docket Code 089
Form V000A
Page 7

(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/departments/superior-court/civil/case-center/ for additional
information regarding Case Center.

Clerk of the Superior Court

*** Electronically Filed ***

10/21/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/18/2024

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
L. Gilbert

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
MONYA N COHEN

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

LORI A METCALF
JUDGE WARNER

MINUTE ENTRY

East Court Building – Courtroom 712

11:32 a.m. This is the time set for Oral Argument on Counterdefendant Safari Drive
Condominium Association’s Amended Partial Motion to Dismiss Wuzup Homes, LLC’s Third
and Fourth Counterclaims Based on Alleged Violations of 42 U.S.C.§3604 and A.R.S.§41-1492-
02 Pursuant to Rule 12(C), Arizona Rules of Civil Procedure. Counterdefendant Safari Drive
Condominium Association is represented by counsel, Lori Metcalf. Counterclaimant Wuzup
Homes, LLC is represented by counsel, Isaac M. Gabriel and Sarah D. Malham.

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

Argument is presented.

IT IS ORDERED taking this matter under advisement.

11:53 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

10/18/2024

Docket Code 005
Form V000A
Page 2

LATER:

In this action to foreclose a lien for unpaid condominium association assessments,
Plaintiff Safari Drive Condominium Association (“the Association”) seeks dismissal of
counterclaims brought by Plaintiff Wuzup Homes, LLC (“Wuzup”) under the Arizona and
Federal Fair Housing Acts. The Association argues that any damages for Fair Housing Act
violations cannot be offset against its claim and lien so as to prevent foreclosure.

Wuzup responds by disclaiming any intent to offset its damages. See Response at 5
(“Wuzup Homes is not seeking to ‘offset’ any debts owed to Safari HOA”). Rather, it claims
that, because the Association failed to accommodate Wuzup’s owner’s disability, Wuzup did not
receive proper notice of assessments and therefore is not liable for them. Yet at oral argument,
Wuzup acknowledged its counterclaims seek damages.

As a matter of law, any damages Wuzup might be awarded under either the Arizona or
Federal Fair Housing Acts cannot be offset against the Association’s lien so as to prevent lien
foreclosure. Nutter v. Occidental Petroleum Land & Dev. Corp., 117 Ariz. 458, 460-61 (App.
1977). But this does not preclude Wuzup from raising an alleged failure to provide proper notice
in violation of the Fair Housing Act as a defense to assessments. Nor does it prevent Wuzup
from pleading its Fair Housing Act claims as counterclaims for damages in this action.

IT IS ORDERED denying the Association’s July 29, 2024 Amended Partial Motion To
Dismiss Wuzup Homes, LLC’S Third And Fourth Counterclaims.

Clerk of the Superior Court

*** Electronically Filed ***

11/24/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

11/20/2025

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

TRIAL SETTING CONFERENCE SET

Before the Court is Defendant/Counterclaimant’s November 18, 2025 Stipulated Motion
to Reset Trial.

IT IS ORDERED setting a Trial Setting Conference on December 5, 2025 at 10:30
a.m. (time allotted: 15 minutes) in this division for the purpose of setting trial, if the case is
ready to set trial. This matter will be heard by video/audio conference using Court Connect.
Court Connect is the Superior Court in Maricopa County’s video court hearing platform. For
more information about Court Connect, please visit: https://superiorcourt.maricopa.gov/court-
connect.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

11/20/2025

Docket Code 026
Form V000A
Page 2

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

IT IS FURTHER ORDERED that, no less than five (5) 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 parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

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 ***

12/03/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

12/02/2025

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

TRIAL SETTING CONFERENCE RESET

On the Court’s own motion,

IT IS ORDERED vacating the virtual Trial Setting Conference set on December 5, 2025
at 10:30 a.m. and resetting same to December 10, 2025 at 9:45 a.m. (time allotted: 15
minutes), in this division for the purpose of setting trial, if the case is ready to set trial. This
matter will be heard by video/audio conference using Court Connect. Court Connect is the
Superior Court in Maricopa County’s video court hearing platform. For more information about
Court Connect, please visit: https://superiorcourt.maricopa.gov/court-connect.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

12/02/2025

Docket Code 083
Form V000A
Page 2

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

IT IS FURTHER ORDERED that, no less than five (5) 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 parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

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 ***

12/12/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

12/10/2025

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
J. Zinkowich

Deputy

SAFARI DRIVE CONDOMINIUM
ASSOCIATION
KYLE BANFIELD

v.

WUZUP HOMES L L C, et al.
ISAAC M GABRIEL

JACOB A MASKOVICH
JUDGE WARNER

TRIAL SETTING CONFERENCE RESET

East Court Building – Courtroom 712 – VC

9:48 a.m. This is the time set for a virtual Trial Setting Conference. The
following parties/counsel are present:

 Plaintiff/Counter-Defendant, Safari Drive Condominium Association, is
represented by counsel, Kyle Banfield.
 Defendant/Counterclaimant, Wuzup Homes LLC, is represented by counsel,
Sarah Malham, on behalf of counsel of record, Isaac M. Gabriel.
 Defendants, Nathan Reis and Stephanie Marie Hockridge, are represented by
counsel, Jacob A. Maskovich.

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

The Court and counsel discuss the status of the case and setting a trial date. Accordingly,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012489

12/10/2025

Docket Code 083
Form V000A
Page 2

IT IS ORDERED vacating today’s virtual Trial Setting Conference and resetting same
to February 12, 2026 at 8:45 a.m. (time allotted: 15 minutes), in this division for the purpose
of setting trial, if the case is ready to set trial. This matter will be heard by video/audio
conference using Court Connect. Court Connect is the Superior Court in Maricopa County’s
video court hearing platform. For more information about Court Connect, please visit:
https://superiorcourt.maricopa.gov/court-connect.

Counsel and any unrepresented parties shall appear by videoconference through Court
Connect for this hearing.

Information regarding access to Judge Warner’s virtual courtroom through Court Connect
is listed below.

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
tinyurl.com/jbazmc-cvj18b
Or call in (audio only) +1 917-781-4590
Phone Conference ID: 146 905 558#

IT IS FURTHER ORDERED that, no less than five (5) 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 parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

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.

9:50 a.m. Matter concludes.

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