02/23/2015 — TJ2013005494 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 02/23/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source

Minute Source

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

TJ 2013-005494

02/23/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO

v.

JEREMY D SPREITZER

MINUTE ENTRY

This court is in receipt of Judgment Creditor’s Application for Post-Judgment Attorney’s
Fees and Costs of Collection. It is ordered rejecting Judgment Creditor’s request for an award of
attorney’s fees for the reason that the request includes fees incurred in connection with
preparation of garnishment pleadings. The Court of Appeals recently ruled that because
garnishment actions were created by statute, garnishment actions are governed by statute as
opposed to the terms of the contract. Blum v. Cowen, 690 Ariz. Adv. Rep. 4 (Ct. App.
7/3/14). The applicable garnishment statute does not authorize the recovery of attorney’s fees
incurred in connection with a garnishment proceeding unless certain conditions are met. See
A.R.S. § 12-1598.07(E). Those conditions are not present here. Absent a showing of good
cause, attorney’s fees incurred in preparing and filing an amended application for recovery of
attorney’s fees not including attorney’s fees incurred in preparing garnishment pleadings, will
not be granted.