Arizona HOA Litigation | PENDING | A.R.S. § 33-1805 | CV2024-005940
Rodriguez is an active, heavily litigated case on remand from the Court of Appeals. The latest substantive ruling narrowed it to negligence and CC&R-based contract claims, dismissed the retaliation, discrimination, and conspiracy theories, and sanctioned the pro se plaintiff. No final judgment has been entered.
Last updated June 19, 2026. Case: Sandra Rodriguez v. Gardens-Gilbert Community Association, et al., Maricopa County Superior Court No. CV2024-005940 (consolidated with CV2024-013806; Hon. Christopher Coury). Status: pending / not final.
Current-status note: This page is published as a litigation record based on the source files available through 2026-06-11. Later filings, appeals, mandates, settlements, or dismissal orders may change the posture; the linked court records control.
Pipeline note: the public raw-source folder contains source files that were not in the last staged NotebookLM source set. The page remains a source-linked record, but generated media should be rebuilt or rechecked after the staged source manifest catches up.
Allegations, settlements, procedural dismissals, and notices are not findings of liability unless a cited court order expressly makes that finding.
Status: PENDING / NOT FINAL (June 2026). This is an active Maricopa County Superior Court case on remand from the Court of Appeals; no final judgment has been entered and rulings may change. This page summarizes the uploaded record and is educational, not legal advice.
The takeaways so far
An HOA’s CC&Rs are the contract between owner and association, so breach-of-contract claims survive only against the association and only as to specific recorded CC&R terms — not against a management company that is not a party to that contract. Arizona recognizes no standalone tort of ‘retaliation,’ and the economic-loss doctrine can bar tort claims that merely restate CC&R breaches. But negligence and gross-negligence claims tied to common-area maintenance and management duties, and records-access claims under A.R.S. § 33-1805, can still proceed.
What the case is about
Sandra Rodriguez, a Gilbert homeowner appearing pro se, sued the Gardens-Gilbert Community Association, its management company (Focus HOA Management, LLC), and three individual agents, alleging they failed to maintain common areas and address health-and-safety hazards, obstructed remediation of water-intrusion damage at her property, denied her access to records and meetings under A.R.S. § 33-1805, and retaliated against her.
After the trial court dismissed several defendants, the Court of Appeals (1 CA-CV 24-0790/25-0040, August 2025 memorandum decision) reinstated her negligence, gross-negligence, and intentional-tort claims and remanded. On remand, Judge Coury’s May 27, 2026 omnibus ruling narrowed the case to surviving negligence and CC&R-based contract claims, dismissed the discrimination, retaliation, and conspiracy theories, sanctioned the plaintiff for a missed deposition, and imposed a filing restriction; a summary-judgment motion remains pending and a third appeal was filed June 1, 2026.
Video overview of the case record
An AI-generated video overview of Sandra Rodriguez v. Gardens-Gilbert Community Association, et al. (Maricopa County Superior Court No. CV2024-005940 (consolidated with CV2024-013806)). On the operative pleading, the court held that an HOA’s CC&Rs are the contract between owner and association, so… This plain-language summary was generated from the court’s filings; the court’s own ruling controls.
Listen: audio deep dive on the case record
An AI-generated audio deep dive walking through the court record and procedural posture in Sandra Rodriguez v. Gardens-Gilbert Community Association, et al.. Generated from the case filings; verify against the linked case records below.
Procedural timeline
Complete source-document index
This index contains 219 PDFs from the reviewed public source packet. Byte-identical copies are listed once. Files are ordered by the date and sequence in the public filename, and party filings or research materials are labeled separately from court rulings.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion To Dismiss
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiff Rule 60 Motion To Quash Judgement
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion In Support To Vacate Judgment
Type: Decision or judgment
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Motion To Dismiss
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Nunc Pro Tunc Order
Type: Court order/minute entry
Nunc pro tunc order amending the December 12, 2024 minute entry to correct the appeal deadline.
Ruling Addressing Flurry Of Motions
Type: Court order/minute entry
Ruling reopening the time to appeal the August 2024 judgment, denying several post-judgment motions, and denying the HOA defendants’ partial motion to dismiss.
Affidavit Of Inability To Post Bond
Type: Declaration or affidavit
Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Designation Of Record On Appeal
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Verified Answer
Type: Responsive pleading
Responding party's first substantive response to the complaint or petition.
Motion For Default Judgement Pursuant Rule 55
Type: Motion/application
Shows the filer trying to move the case forward because the opposing party had not timely appeared.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Filing Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Response
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Minute Entry Pre Trial Rule 16 Comprehensive Conference
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Continuing Fee Waiver
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry Status Conference Regarding Stay
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Emergency Motion To Compel Compliance And Request For Relief
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Filing
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Memorandum Decision
Type: Decision or judgment
Memorandum decision affirming in part, reversing in part, vacating fee awards, and remanding Rodriguez’s HOA-management and agent-liability claims.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Defendant Motion To Consolidate
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Combined Motion For Contempt Sanctions And Leave To Amend
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Combined Motion For Contempt Sanctions And Leave To Amend
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Order Consolidating Cases
Type: Court order/minute entry
Order consolidating CV2024-013806 and CV2024-005940 under the Gardens/Gilbert case number and transferring the consolidated case to Judge David McDowell.
Order Consolidating Cases
Type: Court order/minute entry
Order granting consolidation of CV2024-013806 and CV2024-005940 and transferring the consolidated case to Judge David McDowell.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Memorandum Decision
Type: Decision or judgment
Mandate transmitting the Court of Appeals memorandum decision that affirmed in part, reversed in part, vacated fee awards, and remanded.
Memorandum Decision
Type: Decision or judgment
Memorandum decision affirming in part, reversing in part, vacating fee awards, and remanding Rodriguez’s HOA-management and agent-liability claims.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Ruling On Several Motions For Relief
Type: Court order/minute entry
Ruling denying contempt sanctions and renewed stay relief, lifting the stay, and requiring a joint report and proposed scheduling order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiff Response To Rule 16 Report And Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Ruling Addressing Several Motions And Filings
Type: Court order/minute entry
Ruling setting a new scheduling framework and denying requests to strike the Rule 16 report, join another defendant, or invalidate the defendants’ answer.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Extend Deadlines And Temporarily Pause Discovery
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Verified Answer
Type: Responsive pleading
Responding party's first substantive response to the complaint or petition.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Response To Motion Of Protective Order And Objection To
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Affidavit Of Sandra Rodriguez
Type: Declaration or affidavit
Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.
Motion To Amend Complaint And Pause Discovery
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion To Stay
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Change Of Firm Address
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Certificate Of Good Faith Consultation
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Response To Plaintiff Amended Motion Of Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Response
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Ruling On Motions Filed Between Nov 7 And Dec
Type: Court order/minute entry
Ruling denying multiple discovery, amendment, deadline-extension, and protective-order requests while enforcing deposition and discovery procedures.
Filing Rejected
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Status Conference
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Order Rejecting Motion For Injunction Against Harassment
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Ruling On Motion To Amend
Type: Court order/minute entry
Ruling permitting a limited amended complaint, lifting the discovery stay, and setting updated case deadlines.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiff Demand For Jury Trial
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Order Authorizing Filing Of Physical Exhibits
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Filing Rejected
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Plaintiff Response To Rule 26 Statement Of Discovery Dispute
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Motion To Compel
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Compel
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Response
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Response To Plaintiff Certificate Of Good Faith Consultation
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Certificate Of Good Faith Consultation
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Motion To Declare Defendant And Counsel Vexatious Litigants
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Compel And For Sanctions
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Adr Unreadiness
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Adr Unreadiness
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Ruling On Joint Statement Of Discovery Dispute
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Adr Referral Vacated
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion For Leave To Request Subpoenas
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Recusal
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiff Response And Objection To Court S Deposition Order
Type: Court order/minute entry
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Case Reassignment Civil Presiding Judge
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion For Summary Judgment
Type: Motion/application
Party motion asking the court to decide specified claims before trial; it is not a ruling.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Stay Pending Tro And Injunction Against Harassment
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Order Denying Motion For Leave To Request Subpoenas
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Court Orders Partial Motion To Dismiss And Sanctions
Type: Court order/minute entry
Ruling granting in part the HOA defendants’ partial motion to dismiss, imposing a 75% deposition-cost sanction, and identifying the claims that remain.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Application For Deferral Or Waiver Of Court Fees Or
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Order Regarding Deferral Or Waiver Of Court Fees And
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Plaintiff Opposition To Defendant Good Faith Consultation Certificate
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Affidavit
Type: Declaration or affidavit
Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Motion For Entry Of Final Signed Appealable Orders And
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion For Summary Judgment
Type: Motion/application
Party motion asking the court to decide specified claims before trial; it is not a ruling.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry Virtual Status Conference
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Ruling Denying Request For Change Of Judge For Cause
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Filing Petition For Special Action And Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Application For Fee Deferral
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Compulsory Arbitration
Type: Procedural/service filing
Shows how the filer addressed Arizona's compulsory-arbitration screening requirement.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Court Document
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
First Amended Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion For Protective Order
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Compel
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Dismiss
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion To Quash
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Opposition
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Summons
Type: Procedural/service filing
Service document used to notify a defendant or respondent that the case has been filed.
Verified Answer
Type: Responsive pleading
Responding party's first substantive response to the complaint or petition.
Key holdings (so far)
- Breach-of-contract claims run against the association, limited to recorded CC&R terms.
- A management company is not a party to that contract.
- Arizona recognizes no standalone HOA retaliation tort.
- The economic-loss doctrine bars tort claims that merely restate CC&R breaches.
- Negligence and gross negligence tied to common-area maintenance.
- Records-access theory under A.R.S. § 33-1805.
Case Participants
Petitioner Side
- Sandra Rodriguez (Plaintiff)
Self-represented homeowner plaintiff.
Respondent Side
- Gardens-Gilbert Community Association (Defendant/Appellee)
Association party named in Rodriguez’s complaint and appeal. - Focus HOA Management, LLC (Defendant/Appellee)
Management-company defendant in the case record. - Harman Cadis (Defendant)
Focus HOA Management
Individual defendant named in the verified partial answer. - Brooke Sortor (Defendant)
Focus HOA Management
Individual defendant named in the verified partial answer. - Anna Schultz (Defendant)
Focus HOA Management
Individual defendant named in the verified partial answer. - Augustus H. Shaw IV (Counsel)
Counsel for defendants in the verified partial answer. - Dominick D. Detente (Counsel)
Counsel for defendants in the verified partial answer.
Neutral Parties
- Rodrick Coffey (Judge)
Superior Court judge listed in one order. - David McDowell (Judge)
Superior Court judge assigned in later pleadings. - Christopher Coury (Judge)
Superior Court judge addressed in later notices.
FAQ
Is this case final?
No. It is active and pending on remand, with a summary-judgment motion outstanding and a third appeal filed June 1, 2026. Nothing here is a final ruling and the outcome may change.
Can I sue my HOA's management company for breach of contract?
Generally not on the CC&Rs alone. This ruling holds the CC&Rs are the contract between the owner and the association; a management company that is not a party to that contract is not liable for breach of it.
Does Arizona recognize an HOA 'retaliation' claim?
This ruling holds it does not as a standalone tort, and that the economic-loss doctrine can bar tort claims that simply restate CC&R breaches.
Case Dossier
This dossier combines the case metadata, linked court sources, and the explanatory sections below. It distinguishes court rulings from party filings, allegations, and requested relief.
Case Summary
| Case ID / citation | Maricopa County Superior Court No. CV2024-005940 (consolidated with CV2024-013806) |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | May 27, 2026 |
| Judge / panel | Hon. Christopher Coury |
| Parties | A Gilbert homeowner, appearing pro se, sued her HOA, its management company, and three individual agents over common-area maintenance, records access, and alleged retaliation; the case is active on remand from the Court of Appeals. |
| Governing law |
|
| Topics | ProcedureCC&RsNegligenceRecords RequestsEconomic Loss DoctrinePro Se Litigant |
| Outcome / holding | On the operative pleading, the court held that an HOA's CC&Rs are the contract between owner and association, so breach-of-contract claims survive only against the association and only as to specific recorded CC&R terms (not against the non-contracting management company); the implied covenant of good faith and fair dealing requires a contract; Arizona recognizes no standalone tort of 'retaliation' and the economic-loss doctrine bars tort claims that merely restate CC&R breaches; but the plaintiff's negligence and gross-negligence claims tied to common-area maintenance and management duties, and her § 33-1805 records theory, survive for further litigation. |
Parties, Court, and Research Coverage
| Reviewed source package | 219 PDFs |
|---|---|
| Step-by-step docket roadmap | 5 roadmap entries |
| Video overview | Sandra Rodriguez v. Gardens-Gilbert Community Association, et al. |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 3 questions |
| Featured download links | 3 download links |
Key Issues & Findings
CURRENT STATUS (June 2026): NOT FINAL — this is an active, heavily litigated Maricopa County Superior Court case on remand from the Court of Appeals; no final judgment has been entered. Sandra Rodriguez, a homeowner in the Gardens-Gilbert community, sued the association, its management company (Focus HOA Management, LLC), and three individual agents, alleging the defendants failed to maintain common areas and address health-and-safety hazards, obstructed remediation of water-intrusion damage at her property, denied her access to records and meetings under A.R.S. § 33-1805, and retaliated against her. The trial court initially dismissed several defendants, but in August 2025 the Court of Appeals (1 CA-CV 24-0790/25-0040, memorandum decision) reinstated her negligence, gross-negligence, and intentional-tort claims and remanded. On remand, the latest substantive ruling is Judge Coury's May 27, 2026 omnibus order, which narrowed the case to surviving negligence and CC&R-based contract claims, dismissed the discrimination, retaliation, and conspiracy theories, sanctioned the plaintiff for a missed deposition, and imposed a filing restriction; a summary-judgment motion remains pending and a third appeal was filed June 1, 2026.
Taking the well-pleaded allegations as admitted, the court held that several counts failed as a matter of law: breach of contract requires a contract, so claims against the management entity and individuals failed and the association claim was limited to the recorded CC&Rs; the implied covenant cannot exist without a contract; Arizona does not recognize a tort of retaliation, and to the extent the retaliation theory rested on CC&R duties the economic-loss doctrine barred it; and the discrimination count failed for lack of any protected-characteristic facts. The court rejected the defendants' argument that the appellate remand was narrow, reviewing each claim de novo because the earlier dismissal had been without prejudice. Applying the four-factor injunction test, it denied the plaintiff's request for a temporary restraining order and harassment injunction, finding no likelihood of success or irreparable harm and noting the request appeared aimed at avoiding a deposition; it also denied her motion to declare defense counsel vexatious, imposed an intermediate sanction for the missed deposition, and restricted further motion practice pending decision on summary judgment.
For Arizona HOA disputes, the case reinforces that CC&Rs are the contract between owner and association — breach-of-contract claims are confined to specific recorded CC&R terms and generally cannot be brought against a management company that is not a party to that contract. It confirms that Arizona recognizes no standalone tort of HOA 'retaliation' and that the economic-loss doctrine can bar tort claims that simply restate CC&R breaches, while showing that records-access claims under A.R.S. § 33-1805 and common-area maintenance failures can still proceed as negligence theories. It is also a cautionary example of how a sprawling pro se HOA case can draw sanctions, filing restrictions, and repeated appeals. Because the case is ongoing, nothing here is a final ruling.