07/05/2019 — TJ2013006921 COMMUNITY ASSOCIATION, PALM VALLEY 07/05/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top

Source

Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

07/08/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

TJ 2013-006921

07/05/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON

v.

OFELIA SERRANO
OFELIA SERRANO
NO ADDRESS ON RECORD

COMM. GARBARINO

MINUTE ENTRY

The Court received and reviewed Plaintiff’s Application for Amount of Attorneys’ Fees
Incurred Post-Judgment, Pre-Garnishment (the “Application”). In a recent reported decision, the
Arizona Court of Appeals held that attorneys’ fees incurred related to tasks “such as obtaining
the debtor’s employment information” are only recoverable pursuant to A.R.S. § 12-1598.07(E),
which is not applicable at this time in this matter. Ironwood Commons Cmty. Homeowners Ass'n,
Inc. (“Ironwood”) v. Randall, 246 Ariz. 412, ¶ 23, 439 P.3d 1193, 1198 (App. 2019). Plaintiff’s
argument that Ironwood is not applicable unless garnishment proceedings are initiated is not
persuasive. Were the Court to accept such an argument, judgment creditors could simple shift the
timing of fee applications and initiation of garnishment proceedings to avoid application of
Ironwood. The Application filed in this case includes time entries for tasks related to judgment
debtor’s employment. In addition, the Application seeks attorneys’ fees for tasks not yet
completed. Accordingly,
IT IS ORDERED denying the Application without prejudice to be refiled with the
employment-related time entries removed and tasks not yet completed also removed.