02/29/2012 — LC2011000543 ASSOCIATION, CORTESSA COMMUNITY 02/29/2012 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2011-000543-001 DT
02/29/2012
Docket Code 023
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
K. Waldner
Deputy
CORTESSA COMMUNITY ASSOCIATION
JEREMY M GOODMAN
v.
ANGELA LINNER (001)
ANGELA LINNER
18005 W HATCHER RD
WADDELL AZ 85355
REMAND DESK-LCA-CCC
UNIVERSITY LAKES JUSTICE COURT
MINUTE ENTRY
On November 9, 2011, this Court issued its ruling.
Plaintiff-Appellant Cortessa Community Association has filed a Motion for Re-Hearing.
IT IS ORDERED DENYING Plaintiff-Appellant’s Motion for Re-Hearing.
09/26/2011 — LC2011000543 ASSOCIATION, CORTESSA COMMUNITY 09/26/2011 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/27/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2011-000543-001 DT
09/26/2011
Docket Code 504
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
H. Beal
Deputy
CORTESSA COMMUNITY ASSOCIATION
JEREMY M GOODMAN
v.
ANGELA LINNER (001)
ANGELA LINNER
18005 W HATCHER RD
WADDELL AZ 85355
REMAND DESK-LCA-CCC
UNIVERSITY LAKES JUSTICE COURT
CIVIL
RECORD APPEAL ASSIGNMENT--ORAL ARGUMENT REQUESTED
Lower Court Case No: CC2010456416RC
Memoranda having been filed in the above-mentioned appeal,
IT IS ORDERED assigning this appeal on September 26, 2011, to the Hon. Crane
McClennen for determination of the appeal based upon the transcript of the proceedings and the
parties' memoranda, pursuant to Local Rule 9.9., Maricopa County Superior Court Local Rules of
Practice, within sixty (60) days from this date.
Oral argument is requested and this matter is referred to the Hon. Crane McClennen for
determination, pursuant to Rules of Procedure in Civil Cases.
IT IS ORDERED denying request for oral argument.
11/09/2011 — LC2011000543 ASSOCIATION, CORTESSA COMMUNITY 11/09/2011 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
11/18/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2011-000543-001 DT
11/09/2011
Docket Code 512
Form L512
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
H. Beal
Deputy
CORTESSA COMMUNITY ASSOCIATION
JEREMY M GOODMAN
v.
ANGELA LINNER (001)
ANGELA LINNER
18005 W HATCHER RD
WADDELL AZ 85355
REMAND DESK-LCA-CCC
UNIVERSITY LAKES JUSTICE COURT
RECORD APPEAL RULING / REMAND
Lower Court Case Number CC2010456416RC
The University Lakes Justice Court entered a judgment against Defendant-Appellee
Angela Linner (Defendant). The trial court awarded Plaintiff-Appellant Cortessa Community
Association (Plaintiff) $400.00 in attorney’s fees. Plaintiff contends the trial court abused its
discretion by reducing the amount of attorney’s fees requested. For the reasons stated below, this
Court affirms the judgment imposed.
I. FACTUAL BACKGROUND.
In July 2010, Plaintiff filed a civil complaint against Defendant, wherein it sought
$3,120.72 for unpaid homeowner association fees and late fees. This complaint did not include a
request for attorney’s fees. On December 3, 2010, Plaintiff, though its counsel, filed a First
Amended Complaint, wherein it sought $2,000.00 in attorney’s fees. After Defendant failed to
answer or appear, the trial court entered a default judgment against Defendant on April 28, 2011,
wherein it awarded Plaintiff $400.00 in attorney’s fees and $294.00 in costs. Notably, the default
judgment form prepared by Plaintiff requested $1,701.90 in attorney’s fees and $366.93 in costs.
On May 11, 2011, Plaintiff filed a timely notice of appeal. This Court has jurisdiction pursuant to
ARIZONA CONSTITUTION Art. 6, § 16, and A.R.S. § 12–124(A).
II. ISSUE: DID THE TRIAL COURT ABUSE ITS DISCRETION WHEN IT REDUCED PLAINTIFF’S AWARD
OF ATTORNEY’S FEES AND COSTS.
There is nothing in the record to explain why the trial court reduced the requested attor-
ney’s fees and costs. An award of attorneys’ fees is within the sound discretion of the trial court
and will not be disturbed absent an abuse of that discretion. Orfaly v. Tucson Symphony Society,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2011-000543-001 DT
11/09/2011
Docket Code 512
Form L512
Page 2
209 Ariz. 260, 99 P.3d 1030, ¶ 18 (Ct. App. 2004). “While preferably a better practice, it is not
necessary for the trial court to state the reasons for its denial of attorneys’ fees on the record.”
Associated Indemnity Corp. v. Warner, 143 Ariz. 567, 571, 694 P.2d 1181, 1185 (1985). When a
trial court gives no reasons for denying a request for fees, “we uphold a decision on attorneys’
fees under A.R.S. § 12–341.01 if it has any reasonable basis.” Uyleman v. D.S. Rentco, 194 Ariz.
300, 305, 981 P.2d 1081, 1086 (Ct. App. 1999). Ostensibly, the trial court found the requested
attorney’s fees and costs to be unreasonable. In light of the uncomplicated legal efforts to file a
four-page amended complaint, motions for alternative service, and forms associated with the
default judgment, this Court finds no abuse of discretion by the trial court.
III. CONCLUSION.
Based on the foregoing, this Court concludes that the trial court did not abuse its discre-
tion when it reduced Plaintiff’s award of attorney’s fees and costs.
IT IS THEREFORE ORDERED affirming the judgment of the University Lakes Jus-
tice Court.
IT IS FURTHER ORDERED remanding this matter to the University Lakes Justice
Court for all further appropriate proceedings.
IT IS FURTHER ORDERED signing this minute entry as a formal Order of the Court.
/s/ Crane McClennen
THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT
110920111652
