08/31/2023 — CV2023092054 GUTIERREZ, DENISE 08/31/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/01/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
08/31/2023
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
EL CIDRO HOMEOWNERS ASSOCIATION
CHARLES B SELLERS
v.
DENISE GUTIERREZ
DENISE GUTIERREZ
17394 W VICTORY ST
GOODYEAR AZ 85338
JUDGE COFFEY
MINUTE ENTRY
Plaintiff has requested service by alternative means pursuant to Rule 4.1 of the Arizona
Rules of Civil Procedure. Rule 4.1 (k) provides as follows:
Alternative Means of Service.
(1) Generally.
If a party shows that the means of service provided in Rule 4.1(c) through Rule 4.1(j) are
impracticable, the court may--on motion and without notice to the person to be served--
order that service may be accomplished in another manner.
(2) Notice and Mailing. If the court allows an alternative means of service, the serving
party must make a reasonable effort to provide the person being served with actual notice
of the action's commencement. In any event, the serving party must mail the summons, the
pleading being served, and any court order authorizing an alternative means of service to
the last-known business or residential address of the person being served.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
08/31/2023
Docket Code 019
Form V000A
Page 2
(3) Service by Publication. A party may serve by publication only if the requirements of
Rule 4.1(l), 4.1(m), 4.2(f), or 4.2(g) are met and the procedures provided in those rules are
followed.
Whether traditional service is “impractical,” defined as “extremely difficult or
inconvenient” is a fact specific inquiry. See Blair v. Burgener, 226 Ariz. 213, 245 P.3d 898 (App.
2010). Plaintiff has not demonstrated that service is impractical in this case. Only a few attempts
to serve Defendant were made over a short period of time. Plaintiff must demonstrate multiple
additional unsuccessful attempts at varying times before the Court will authorize alternative
service. Accordingly,
IT IS ORDERED denying Plaintiff’s request for service by alternative means, without
prejudice to Plaintiff filing a renewed motion if further efforts at personal service are unsuccessful.
11/02/2023 — CV2023092054 GUTIERREZ, DENISE 11/02/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/07/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
11/02/2023
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
V. Felix
Deputy
EL CIDRO HOMEOWNERS ASSOCIATION
CHARLES B SELLERS
v.
DENISE GUTIERREZ
DENISE GUTIERREZ
17394 W VICTORY ST
GOODYEAR AZ 85338
JUDGE COFFEY
TIME FOR SERVICE
METHOD OF SERVICE
In accordance with the Order Granting Extension of Service of Process Deadline and
Order Authorizing Alternative Service signed by the Court on October 26, 2023,
IT IS ORDERED the service deadline is extended to January 5, 2024.
IT IS FURTHER ORDERED authorizing Plaintiff to serve defendant by alternative
means as outlined in the signed order.
FILED: Order Granting Extension of Service of Process Deadline, Order Authorizing
Alternative Service1
1 The proposed form of order signed by the Court may contain additional orders not expressly stated herein.
12/11/2023 — CV2023092054 GUTIERREZ, DENISE 12/11/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/13/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
12/11/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney
Deputy
EL CIDRO HOMEOWNERS ASSOCIATION
CHARLES B SELLERS
v.
DENISE GUTIERREZ
DENISE GUTIERREZ
17394 W VICTORY ST
GOODYEAR AZ 85338
COMM. KAISER
JUDGE COFFEY
ORDER ENTERED BY THE COURT
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application/Affidavit for Entry of Default
against Defendant(s), [party] 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 Brian
Kaiser.
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 2023-092054
12/11/2023
Docket Code 023
Form V000A
Page 2
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 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/.
12/13/2023 — CV2023092054 GUTIERREZ, DENISE 12/13/2023 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
12/13/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
V. Felix
Deputy
EL CIDRO HOMEOWNERS ASSOCIATION
CHARLES B SELLERS
v.
DENISE GUTIERREZ
DENISE GUTIERREZ
17394 W VICTORY ST
GOODYEAR AZ 85338
COMM. KAISER
JUDGE COFFEY
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application/Motion for Default against
defendant(s), Denise Gutierrez and Doe Spouse Gutierrez, 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 Brian
Kaiser.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-092054
12/13/2023
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 and
https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
