02/22/2016 — TJ2014001810 ANDERSEN SPRINGS HOMEOWNERS ASSOCIATION INC, LAKESHORE AT 02/22/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/23/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
02/22/2016
Docket Code 062
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LAKESHORE AT ANDERSEN SPRINGS
HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
STEFAN J MARTINEZ, et al.
MINUTE ENTRY
Pursuant to request of Plaintiff,
IT IS ORDERED vacating the Hearing on Order to Show Cause set February 22, 2016 at
1:30 p.m. in this Division and quashing the Order to Show Cause at issue.
04/24/2017 — TJ2014001810 ANDERSEN SPRINGS HOMEOWNERS ASSOCIATION INC, LAKESHORE AT 04/24/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/25/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
04/24/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LAKESHORE AT ANDERSEN SPRINGS
HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
STEFAN J MARTINEZ, et al.
BANK OF AMERICA N A
800 SAMOSET DR ATTN: CUSTOMER
SERVICE
NEWARK DE 19713
KENNETH L MANN
MINUTE ENTRY
As a result of receiving Motion of Kenneth L. Mann to Withdraw Attorney, filed April
20, 2017, on April 24, 2017 and review of the court record in response thereto on that same date
this Court became aware that pleadings had been filed by the parties (Supplement to Motion to
Set Aside Judgment, filed December 1, 2016;1 Response thereto, filed December 14, 2016;2 and
Reply, filed December 29, 2016) notice of which Commissioner Barth’s Division, according to
iCIS (the internal court record), never received.
Having considered Defendant’s Motion to Set Aside Default Judgment, the Supplement
thereto, Plaintiff’s Response, and Defendant’s Reply,
1 No Certificate of Service showing delivery or mailing to Commissioner Barth’s Division.
2 Certificate of Service does not reflect manner of service on Commissioner Barth’s Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
04/24/2017
Docket Code 023
Form V000A
Page 2
IT IS ORDERED denying said motion without prejudice to re-file with the justice court
entering the default judgment for the reason it is without jurisdiction to set aside the judgment
entered in the justice court. This Court is bound by precedent and Marquez v. Perez, 14 Ariz.
App. 451, 484 P. 2d 220 (1971) is still controlling precedent. The conflict between the affidavit
of service and the anticipated testimony of Defendant and supporting documents creates an issue
of fact requiring an evidentiary hearing. Accordingly, because the judgment does not, on its
face, show that it is void for want of jurisdiction, jurisdiction for determining whether the
judgment is void lies with the justice court that rendered the judgment.
06/15/2015 — TJ2014001810 ANDERSEN SPRINGS HOMEOWNERS ASSOCIATION INC, LAKESHORE AT 06/15/2015 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
06/15/2015
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
FOR HONORABLE BENJAMIN E. VATZ
Deputy
LAKESHORE AT ANDERSEN SPRINGS
HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
STEFAN J MARTINEZ, et al.
MINUTE ENTRY
Courtroom: OCH 002.
9:00 a.m. This is the time set for Order to Show Cause Hearing Re: Garnishee to Appear
and Answer. No one appears.
A court reporter is neither present nor are the proceedings electronically recorded.
No one appearing,
IT IS ORDERED vacating today’s Order to Show Cause Hearing.
Matter concludes.
10/25/2016 — TJ2014001810 ANDERSEN SPRINGS HOMEOWNERS ASSOCIATION INC, LAKESHORE AT 10/25/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
10/25/2016
Docket Code 046
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LAKESHORE AT ANDERSEN SPRINGS
HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
STEFAN J MARTINEZ, et al.
BANK OF AMERICA N A
800 SAMOSET DR ATTN: CUSTOMER
SERVICE
NEWARK DE 19713
KENNETH L MANN
MINUTE ENTRY
IT IS ORDERED setting Hearing on Objection to Garnishment filed by the Judgment
Debtor Stefan Martinez, on November 2, 2016 at 3:30 p.m. in this Division:
Maricopa County Superior Court
East Court Building
101 W. Jefferson
Courtroom 812
Phoenix, AZ 85003
LET THE RECORD REFLECT that notification of the above hearing is given to:
Judgment Creditor via: Email and minute entry.
Judgment Debtor via: Email and minute entry.
Garnishee/Defendant via: Minute entry.
11/02/2016 — TJ2014001810 ANDERSEN SPRINGS HOMEOWNERS ASSOCIATION INC, LAKESHORE AT 11/02/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
11/02/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LAKESHORE AT ANDERSEN SPRINGS
HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
STEFAN J MARTINEZ, et al.
BANK OF AMERICA N A
800 SAMOSET DR ATTN: CUSTOMER
SERVICE
NEWARK DE 19713
KENNETH L MANN
MINUTE ENTRY
Courtroom: ECB 812.
3:41 p.m. This is the time set for Garnishment Objection Hearing. Plaintiff/Judgment
Creditor is represented by counsel, Emily Cooper. Defendant/Judgment Debtor, Stefan
Martinez, is present and represented by counsel, Ken Mann.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
LET THE RECORD REFLECT the Court treats Judgment Debtor’s Objection to
Garnishment as a Motion to Set Aside Judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2014-001810
11/02/2016
Docket Code 005
Form V000A
Page 2
3:50 p.m. The Court stands at recess to allow the parties to confer outside the presence of
the Court.
3:57 p.m. Court reconvenes with the party and respective counsel present.
A record of the proceedings is made digitally in lieu of a court reporter.
Per agreement of the parties,
IT IS ORDERED quashing the garnishment.
Counsel for Judgment Debtor may supplement his Motion to Set Aside Judgment by
close of business, December 1, 2016. Counsel for Judgment Creditor will have the time
permitted under Arizona Rules of Civil Procedure to file a response thereto.
Counsel for Judgment Debtor makes an oral motion for award of attorney’s fees and
costs.
IT IS FURTHER ORDERED denying Judgment Debtor’s motion for award of attorney’s
fees and costs without prejudice.
4:05 p.m. Matter concludes.
