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Maricopa County Superior Court Case CV2023-095102

Case Header

Maricopa County Superior Court Case CV2023-095102: public docket details, parties, minute entries, documents, and official source links for Bella Vita Condominium Homeowners Association.

Case Number
CV2023-095102
County
Maricopa
Caption
Not captured
Filed
10/20/2023
Case Type
Civil
Judge
Ryan-Touhill, Jennifer
Location
Downtown
Official Court Record
Official Court Record

Parties

Party Relationship Attorney
Bella Vita Condominium Homeowners Association Plaintiff Jeffrey Corben
Bruce E Rosenberg Defendant Pro Per
Lorraine C Rosenberg Defendant Pro Per

Minute Entries

01/14/2025 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/14/2025 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

01/15/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

01/14/2025

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JENNIFER RYAN-TOUHILL
A. Meza

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
NO ADDRESS ON RECORD

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
JUDGE RYAN-TOUHILL

MINUTE ENTRY

On November 1, 2024, Commissioner Cronin found service incomplete, set aside default
judgment and referred the case back to this Division. Plaintiff has provided no new evidence
showing proper service of process upon Defendant(s). On the Court’s own motion,

IT IS ORDERED placing this case on the dismissal calendar for January 27, 2025,
wherein the case will be dismissed for lack of prosecution.

01/18/2024 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/18/2024 HONORABLE DANIELLE J. VIOLA View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

01/19/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

01/18/2024

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
N. Johnson

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
EMILY ELIZABETH COOPER
DOCKET CV TX
JUDGE COFFEY
JUDGE RYAN-TOUHILL
JUDGE VIOLA

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable Rodrick Coffey. A Notice of Change
of Judge has been filed by Plaintiff. The case was transferred to the Civil Presiding Judge for
reassignment.

IT IS ORDERED that this case be reassigned to Civil Calendar CVJ-14, the Honorable
Jennifer Ryan-Touhill, for all further proceedings. If any objections to the Notice of Change of
Judge are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any
objections must be filed and a copy delivered to the noticed judge within 20 days of the date of
this order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

01/18/2024

Docket Code 066
Form V000A
Page 2

IT IS FURTHER ORDERED that the docket system be amended by the Clerk of Court
staff to reflect that this case is assigned to the Central Court Complex.

SUPERIOR COURT OF MARICOPA COUNTY
CENTRAL COURT COMPLEX
201 WEST JEFFERSON
PHOENIX, ARIZONA 85003

IT IS FURTHER ORDERED that any and all hearings set by the noticed judge are
vacated, to be reset by the new division.

IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the date
of this minute entry, a notice with the new division listing any outstanding motions (including
the file dates), whether they are ripe for resolution, and any hearings that need to be reset.

01/30/2024 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/30/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

02/01/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

01/30/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JENNIFER RYAN-TOUHILL
A. Meza

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
COMM. CRONIN
JUDGE RYAN-TOUHILL

MINUTE ENTRY

This Court has received Plaintiff’s e-filed Application/Motion for Default against
Defendant(s), Bruce E. Rosenberg and Lorraine C. Rosenberg, 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 Mary
Cronin.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

01/30/2024

Docket Code 023
Form V000A
Page 2

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/.

02/07/2025 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 02/07/2025 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

02/11/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

02/07/2025

Docket Code 047
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JENNIFER RYAN-TOUHILL
A. Meza

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
NO ADDRESS ON RECORD

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
JUDGE RYAN-TOUHILL

MINUTE ENTRY

On January 14, 2025, the Court placed the case on the dismissal calendar for January 27,
2025. No party has taken further action in the case. On the Court's own motion,

IT IS ORDERED dismissing the case in its entirety for lack of prosecution.

/s/ Jennifer Ryan-Touhill

HONORABLE JENNIFER RYAN-TOUHILL
JUDGE OF THE SUPERIOR COURT

04/24/2024 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 04/24/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

04/26/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

04/24/2024

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JENNIFER RYAN-TOUHILL
A. Meza

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
JUDGE RYAN-TOUHILL

MINUTE ENTRY

On January 30, 2024, the Court referred the parties to a Commissioner for default
proceedings. Nothing further has transpired. On the Court's own motion,

IT IS ORDERED placing this case on the dismissal calendar for May 6, 2024.

06/06/2024 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 06/06/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

06/10/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

06/06/2024

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JENNIFER RYAN-TOUHILL
A. Meza

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
JUDGE RYAN-TOUHILL

MINUTE ENTRY

Before the Court is Plaintiff’s May 28, 2024, Motion to Continue on Dismissal Calendar.

IT IS ORDERED denying as moot Plaintiff’s Motion because default judgment was
entered on May 28, 2024.

11/01/2024 — CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 11/01/2024 HONORABLE MARY C. CRONIN View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

11/04/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

11/01/2024

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Cabral

Deputy

BELLA VITA CONDOMINIUM
HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN

v.

BRUCE E ROSENBERG, et al.
BRUCE E ROSENBERG
585 MOSHER LANE
PRESCOTT AZ 86301

LORRAINE C ROSENBERG
5995 N 78TH ST UNIT 1078
SCOTTSDALE AZ 85250
COMM. CRONIN
JUDGE RYAN-TOUHILL

MINUTE ENTRY

The Court has received and reviewed Defendant’s Motion to Set Aside the Default
Judgment entered in this matter. No response has been received. Based on the arguments
contained in Defendant’s Motion and the accompanying exhibits, the Court finds that service
was not proper since the person served at the Condominium was not Defendant’s wife as
represented in the affidavit of service. Lorraine Rosenberg passed away on 10/24/2017.
Furthermore, the HOA and their counsel knew that Defendant’s permanent address was in
Prescott. Defendant had provided the Prescott address to the HOA in 2014 and to the Law Firm
in 2017. The Application for Entry of Default was not mailed to the Prescott address. Rather all
the pleadings and letters from the HOA were sent to the wrong address in Scottsdale. The Court
finds the Defendant has established by clear and convincing evidence that service was not proper
and pursuant to Rule 60(b)(4) the Default Judgment is void.

IT IS ORDERED granting Defendant’s Motion to Set Aside the Default Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-095102

11/01/2024

Docket Code 019
Form V000A
Page 2

IT IS FURTHER OrDERED referring this matter back to the Honorable Jennifer Ryan-
Touhill for all further proceedings.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/14/2025 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry application/pdf 117.0 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/18/2024 HONORABLE DANIELLE J. VIOLA View Minute Entry application/pdf 14.0 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 01/30/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry application/pdf 121.9 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 02/07/2025 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry application/pdf 9.7 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 04/24/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry application/pdf 9.6 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 06/06/2024 HONORABLE JENNIFER RYAN-TOUHILL View Minute Entry application/pdf 117.6 KB Document Source
minute_entry_pdf CV2023095102 CONDOMINIUM HOMEOWNERS ASSOCIATION, BELLA VITA 11/01/2024 HONORABLE MARY C. CRONIN View Minute Entry application/pdf 119.0 KB Document Source

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