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
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.
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
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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
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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
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Court Document
Type: Court/source PDF
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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
Court or agency order; this is usually the document that tells readers what changed next.
Ruling Addressing Flurry Of Motions
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 Inability To Post Bond
Type: Procedural/service filing
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Court Document
Type: Court/source PDF
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Designation Of Record On Appeal
Type: Court/source PDF
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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
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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
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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
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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
Decision document; read it to understand the controlling result before moving to later filings.
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
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Court Document
Type: Court/source PDF
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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
Court or agency order; this is usually the document that tells readers what changed next.
Order Consolidating Cases
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.
Memorandum Decision
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
Memorandum Decision
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
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
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
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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
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Court Document
Type: Court/source PDF
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Ruling Addressing Several Motions And Filings
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
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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: Procedural/service filing
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
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
A request for a specific ruling or procedural action; the next document is often a response or order.
Filing Rejected
Type: Court/source PDF
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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
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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
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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
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.
Plaintiff Demand For Jury Trial
Type: Court/source PDF
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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
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Court Document
Type: Court/source PDF
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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
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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
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Court Document
Type: Court/source PDF
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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
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Court Document
Type: Court/source PDF
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Court Document
Type: Court/source PDF
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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
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Court Document
Type: Court/source PDF
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Court Document
Type: Court/source PDF
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Court Document
Type: Court/source PDF
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Motion For Summary Judgment
Type: Decision or judgment
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.
Court Document
Type: Court/source PDF
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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
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
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Court Document
Type: Court/source PDF
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Court Document
Type: Court/source PDF
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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
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Court Document
Type: Court/source PDF
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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: Procedural/service filing
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Court Document
Type: Court/source PDF
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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: Decision or judgment
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Document
Type: Court/source PDF
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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
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Court Document
Type: Court/source PDF
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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.
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 / 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 | 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 package | 219 PDFs |
|---|---|
| Step-by-step docket roadmap | 5 roadmap entries |
| Video overview | Rodriguez v. Gardens-Gilbert HOA: Fair Housing and Reinstated Tort Claims |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 3 questions |
| Curated download aliases | 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.