12/03/2025 — CV2025062973 ASSOCIATION INC, TARA CONDOMINIUMS 12/03/2025 HONORABLE ADELE PONCE View Minute Entry ↑ top
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Clerk of the Superior Court *** Electronically Filed *** 12/04/2025 8:00 AM SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2025-062973 CV 2025-012980 12/03/2025 Docket Code 053 Form V000A Page 1 CLERK OF THE COURT HONORABLE ADELE PONCE L. Gilbert Deputy LISA MARX LISA MARX 13610 N 111TH AVE SUN CITY AZ 85351 v. TARA CONDOMINIUMS ASSOCIATION INC, et al. TARA CONDOMINIUMS ASSOCIATION INC 13621 N NEWCASTLE DR SUN CITY AZ 85351 CHARLES H OLDHAM DOCKET CV TX JUDGE PONCE MINUTE ENTRY Before the Court is the emergency motion for temporary restraining order without notice filed by Plaintiff Lisa Marx (“Plaintiff”) in CV2025-062973. The motion asks the court to enter a lodged temporary restraining order without notice against Tara Condominiums Association Inc. (“Defendant”). Plaintiff, however, did not file a proposed temporary restraining order, and it is unclear what specific order she wishes for the Court to enter at this time. Plaintiff’s complaint and motion outline concerns that the Defendant condominium association, to which Plaintiff belongs, made changes in their policies that now require homeowners to be responsible for obtaining individual insurance that was previously provided by the Defendant association. Plaintiff alleges the changes were made in violation of statutes and the rules and policies concerning policy changes in the condominium association. Plaintiff’s complaint seeks SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2025-062973 CV 2025-012980 12/03/2025 Docket Code 053 Form V000A Page 2 declaratory and injunctive relief including an order stating the policy changes are unlawful and unenforceable, an order enjoining Defendant from enforcing the changes and nullifying the recorded declaration including the changes. The Court denies the motion for a temporary restraining order. Plaintiff’s motion did not include an affidavit, as required pursuant to Rule 65(b)(1)(A) of the Arizona Rules of Civil Procedure. Nor does Plaintiff satisfy the requirements of Rule 65(b)(1)(B) indicating efforts to provide notice and/or explaining why notice should not be required. The substance of Plaintiff’s complaint motion also does not establish “immediate and irreparable injury, loss or damage will likely result,” if the Court fails to enter a temporary restraining order at this time. The Court also notes that Plaintiff has previously raised these issues in another matter CV2025-012980, which is pending before this Court. The Court also notes that the Court has already conducted a preliminary injunction hearing addressing similar matters and denied relief. The Court does not find that another hearing is warranted at this time given the similarity of the issues raised. IT IS THEREFORE ORDERED denying the motion. IT IS FURTHER ORDERED consolidating cause number(s) CV 2025-062973 and CV 2025-012980 under cause number CV2025-012980 for all further proceedings. IT IS FURTHER ORDERED vacating the Trial Setting Conference in CV2025-062973 set for August 6, 2026, and resetting a Trial Setting Conference in CV2025-012980 for August 6, 2026 at 9:00 a.m. in this division. Counsel and any unrepresented parties shall appear by videoconference through Court Connect for this hearing. Information regarding access to Judge Ponce’s virtual courtroom through Court Connect is listed below. Microsoft Teams meeting Join on your computer or mobile app Join Microsoft Teams Meeting tinyurl.com/jbazmc-cvj06 To call into the meeting using your phone: SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2025-062973 CV 2025-012980 12/03/2025 Docket Code 053 Form V000A Page 3 +1 917-781-4590 United States, New York City (Toll) Conference ID: 942 024 389# NOTE: If you are filing a pleading or document that needs the Court’s attention within 48 hours, you must e-mail the pleading document directly to the division at [email protected].