Rodriguez v. Gardens-Gilbert Community Association: CC&Rs as Contract, Negligence, and the Limits of HOA Tort Claims

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.

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: Fair Housing claims and reinstated tort counts

Watch this overview of Rodriguez v. Gardens-Gilbert Community Association, where the Arizona Court of Appeals reinstated negligence and intentional-tort claims and vacated the fee awards, sending the homeowner’s case back for further proceedings.

Procedural timeline

Step 2024-03-21 Complaint filed (CV2024-005940)
Step 2025-08-12 Court of Appeals reinstates negligence/gross-negligence/intentional-tort claims; remands (1 CA-CV 24-0790/25-0040)
Step 2025-09-03 Cases CV2024-005940 and CV2024-013806 consolidated
Step 2026-05-27 Omnibus ruling: claims narrowed; retaliation/discrimination/conspiracy dismissed; plaintiff sanctioned; filing restriction imposed
Step 2026-06-01 Plaintiff files a third notice of appeal; summary-judgment motion pending

Complete uploaded source-document index

This index is generated from every public-facing source file currently present in assets/court_case_downloads/rodriguez-v-gardens-gilbert-community-association/raw/: 219 PDFs. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.

Source 1 2024-10-21

Motion

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Source 2 2024-11-01

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Source 3 2024-11-04

Motion To Dismiss

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Source 4 2024-11-05

Order

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Source 5 2024-11-05

Reply

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Source 6 2024-11-08

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Source 7 2024-11-08

Notice Of Appearance

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Source 8 2024-11-12

Notice Of Appeal

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Source 9 2024-11-13

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Source 10 2024-11-14

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Source 12 2024-11-26

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Source 13 2024-11-26

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Source 14 2024-11-26

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Source 15 2024-11-27

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Source 16 2024-11-27

Motion

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Source 18 2024-12-12

Minute Entry

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Source 19 2024-12-12

Motion To Dismiss

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Source 20 2024-12-13

Nunc Pro Tunc Order

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Source 22 2024-12-17

Affidavit Of Inability To Post Bond

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Source 23 2024-12-17

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Source 24 2024-12-17

Designation Of Record On Appeal

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Source 25 2024-12-17

Notice Of Appeal

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Source 26 2024-12-17

Verified Answer

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Source 28 2024-12-20

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Source 30 2024-12-23

Notice Of Appeal

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Source 31 2024-12-31

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Source 32 2024-12-31

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Source 33 2024-12-31

Notice Of Appeal

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Source 34 2024-12-31

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Source 35 2025-01-09

Response

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Source 36 2025-01-10

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Source 37 2025-01-10

Notice Of Appeal

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Source 39 2025-01-13

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Source 40 2025-01-13

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Source 41 2025-01-15

Notice Of Continuing Fee Waiver

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Source 42 2025-01-15

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Source 43 2025-01-16

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Source 44 2025-01-16

Notice Of Appearance

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Source 45 2025-01-17

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Source 46 2025-01-17

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Source 47 2025-01-20

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Source 49 2025-02-25

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Source 50 2025-02-25

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Source 51 2025-02-25

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Source 52 2025-03-07

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Source 54 2025-05-01

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Source 55 2025-05-01

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Source 56 2025-05-01

Notice Of Filing

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Source 57 2025-05-02

Order

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Source 58 2025-05-19

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Source 59 2025-05-20

Minute Entry

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Source 60 2025-05-21

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Source 61 2025-05-29

Motion

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Source 62 2025-05-30

Notice Of Appearance

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Source 63 2025-06-03

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Source 64 2025-06-11

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Source 65 2025-06-12

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Source 66 2025-07-21

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Source 67 2025-08-12

Memorandum Decision

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Source 68 2025-08-19

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Source 69 2025-08-21

Defendant Motion To Consolidate

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Source 70 2025-08-22

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Source 71 2025-08-23

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Source 74 2025-08-29

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Source 75 2025-09-02

Complaint

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Source 76 2025-09-02

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Source 77 2025-09-02

Order Consolidating Cases

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Source 78 2025-09-02

Order Consolidating Cases

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Source 79 2025-09-05

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Source 80 2025-09-05

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Source 81 2025-09-05

Memorandum Decision

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Source 82 2025-09-05

Memorandum Decision

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Source 83 2025-09-10

Court Document

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Source 84 2025-10-23

Complaint

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Source 85 2025-10-23

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Source 87 2025-10-30

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Source 88 2025-10-30

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Source 90 2025-11-07

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Source 91 2025-11-07

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Source 93 2025-11-13

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Source 94 2025-11-13

Motion For Protective Order

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Source 96 2025-11-13

Verified Answer

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Source 97 2025-11-14

Motion

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Source 99 2025-11-17

Affidavit Of Sandra Rodriguez

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Source 101 2025-11-25

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Source 102 2025-11-25

Motion To Stay

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Source 104 2025-11-26

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Source 106 2025-12-02

Certificate Of Service

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Source 107 2025-12-02

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Source 108 2025-12-02

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Source 109 2025-12-09

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Source 110 2025-12-09

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Source 112 2025-12-11

Motion For Protective Order

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Source 113 2025-12-19

Response

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Source 115 2025-12-31

Filing Rejected

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Source 116 2025-12-31

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Source 117 2026-01-05

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Source 118 2026-01-05

Status Conference

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Source 120 2026-01-15

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Source 121 2026-02-03

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Source 122 2026-02-03

Ruling On Motion To Amend

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Source 123 2026-02-13

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Source 124 2026-02-13

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Source 125 2026-02-13

Plaintiff Demand For Jury Trial

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Source 126 2026-02-23

Motion For Protective Order

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Source 128 2026-03-13

Filing Rejected

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Source 129 2026-03-25

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Source 130 2026-03-25

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Source 131 2026-03-25

Motion For Protective Order

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Source 132 2026-03-31

Complaint

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Source 133 2026-03-31

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Source 135 2026-04-10

Motion To Compel

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Source 136 2026-04-15

Motion To Compel

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Source 137 2026-04-17

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Source 142 2026-04-30

Certificate Of Adr Unreadiness

Type: Procedural/service filing

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Source 143 2026-04-30

Certificate Of Adr Unreadiness

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Source 144 2026-04-30

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Source 145 2026-05-04

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Source 146 2026-05-04

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Source 148 2026-05-05

Motion For Protective Order

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Source 149 2026-05-06

Adr Referral Vacated

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Source 150 2026-05-06

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Source 151 2026-05-06

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Source 153 2026-05-06

Recusal

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Source 154 2026-05-08

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Source 155 2026-05-08

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Source 157 2026-05-10

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Source 159 2026-05-11

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Source 160 2026-05-21

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Source 161 2026-05-21

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Source 162 2026-05-21

Motion For Summary Judgment

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Source 163 2026-05-21

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Source 164 2026-05-22

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Source 165 2026-05-22

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Source 166 2026-05-26

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Source 169 2026-05-27

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Source 170 2026-05-27

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Source 171 2026-05-27

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Source 173 2026-05-29

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Source 174 2026-05-29

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Source 175 2026-05-29

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Source 177 2026-06-01

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Source 178 2026-06-01

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Source 179 2026-06-01

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Source 180 2026-06-01

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Source 181 2026-06-01

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Source 184 2026-06-02

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Source 185 2026-06-03

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Source 186 2026-06-03

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Source 188 2026-06-05

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Source 189 2026-06-08

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Source 193 2026-06-11

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.

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Source 194 2026-06-11

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.

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Source 195 Undated

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.

Source 197 Undated

Complaint

Type: Opening pleading

Starts or reframes the case and identifies the claims or relief requested.

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Source 198 Undated

Complaint

Type: Opening pleading

Starts or reframes the case and identifies the claims or relief requested.

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Source 199 Undated

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.

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Source 200 Undated

First Amended Complaint

Type: Opening pleading

Starts or reframes the case and identifies the claims or relief requested.

Source 201 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 202 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 203 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 204 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 205 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 206 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 207 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 208 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 209 Undated

Motion

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 210 Undated

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.

Source 211 Undated

Motion To Compel

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 212 Undated

Motion To Dismiss

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 213 Undated

Motion To Quash

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 214 Undated

Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

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Source 215 Undated

Opposition

Type: Briefing paper

Opposing or responsive paper; compare it to the motion or request filed immediately before it.

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Source 216 Undated

Order

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

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Source 217 Undated

Reply

Type: Briefing paper

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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Source 218 Undated

Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

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Source 219 Undated

Verified Answer

Type: Responsive pleading

Responding party’s first substantive response to the complaint or petition.

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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.

FAQ

Case Dossier

This generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.

Case Summary

Case ID / citationMaricopa County Superior Court No. CV2024-005940 (consolidated with CV2024-013806)
Court / tribunalSuperior Court
Decision / key dateMay 27, 2026
Judge / panelHon. Christopher Coury
PartiesA 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
pending-litigationccrs-as-contractnegligencears-33-1805economic-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

Uploaded source package219 PDFs
Step-by-step docket roadmap5 roadmap entries
Video overviewRodriguez v. Gardens-Gilbert HOA: Fair Housing and Reinstated Tort Claims
Study / briefing material1 section
FAQ / homeowner questions3 questions
Curated download aliases3 download links

Key Issues & Findings

Case Summary

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.

Key Issues & Findings

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.

Why It Matters

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.

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