Service by Publication | Default Judgments | LC2024-000143
When Palm Valley Community Association sued homeowners and obtained a default judgment through service by publication in a newspaper, Judge Julie A. LaFave vacated the judgment under Ruffino, establishing that HOAs cannot bypass diligent efforts at personal service.
Last updated September 17, 2026. Case: Palm Valley Community Association v. Cynthia A. McAlister & Mark A. McAlister, Maricopa County Superior Court No. LC2024-000143 (minute entries use LC2024-000143-001 DT); originating White Tank Justice Court No. CC2015-095536; Hon. Julie A. LaFave.
Scope note: This page covers Maricopa County Superior Court No. LC2024-000143, an appeal from White Tank Justice Court. Palm Valley Community Association obtained a default judgment against homeowners Cynthia and Mark McAlister following service by publication. Represented by William Richardson, the homeowners appealed, challenging the lack of due diligence before resorting to newspaper notice. Following the Arizona Court of Appeals decision in Ruffino, Superior Court Judge Julie A. LaFave vacated the default judgment, holding that publication service requires diligent pursuit of all reasonably practicable notice, and remanded the matter to justice court. This page is educational and is not legal advice.
The takeaway
Vacated and remanded. An HOA cannot sustain a default judgment obtained through service by publication without demonstrating strict due diligence in exhausting all reasonably practicable means of providing actual notice under Ariz. R. Civ. P. 4.1 and Ruffino. Defective publication service voids the default judgment, requiring vacatur and remand.
Case Participants
Petitioner Side
- Palm Valley Community Association (Plaintiff/Appellee)
Arizona nonprofit corporation
HOA plaintiff; obtained default judgment via service by publication; judgment vacated on appeal. - Trevor Ash (Counsel)
Maxwell & Morgan, P.C.
Counsel for Plaintiff/Appellee Palm Valley Community Association.
Respondent Side
- Cynthia A. McAlister (Defendant (underlying justice court case))
Named defendant and judgment debtor in the White Tank Justice Court case; per the Superior Court's ruling she was not a party to the appeal, which was prosecuted by Mark A. McAlister. - Mark A. McAlister (Defendant/Appellant)
Goodyear homeowner; sole appellant who challenged service by publication and obtained vacatur of the default judgment. - William Richardson (Counsel)
Richardson & Richardson, P.C.
Counsel for Defendants/Appellants Cynthia and Mark McAlister.
Neutral Parties
- Hon. Julie A. LaFave (Judge)
Maricopa County Superior Court
Superior Court Judge who authored the record appeal rulings vacating default judgment under Ruffino. - White Tank Justice Court (Originating Court)
Trial court (Case No. CC2015-095536) whose default judgment was vacated.
What happened
Palm Valley Community Association, through counsel Trevor Ash of Maxwell & Morgan, filed an assessment collection lawsuit in White Tank Justice Court against homeowners Cynthia and Mark McAlister.
Claiming inability to locate or serve the homeowners personally, the association published a summons in a newspaper and applied for default judgment, which the justice court granted.
Upon learning of the judgment, the McAlisters retained counsel William Richardson and appealed to Maricopa County Superior Court, asserting that the association failed to conduct a diligent search and that publication service was constitutionally deficient.
The appeal was assigned to Judge Julie A. LaFave. On May 14, 2024, she initially reversed the justice court and vacated the default judgment, but on reconsideration (June 21, 2024) she applied the 2015 version of Rule 4.1, affirmed the default judgment for the association, and declined to consider Ruffino. Mark A. McAlister then obtained a mandate from the Arizona Court of Appeals on his special action (issued December 24, 2024; remanded to the Superior Court February 6, 2025) directing the court to evaluate service under Ruffino. On May 27, 2025, applying Ruffino, Judge LaFave issued a ruling vacating the default judgment, finding that the association failed to meet the threshold for service by publication. On July 14, 2025, the court entered a final order remanding the case to White Tank Justice Court.
Video overview of the case record
An AI-generated video overview of Palm Valley Community Association v. Cynthia A. McAlister & Mark A. McAlister (Maricopa County Superior Court No. LC2024-000143). Vacated and remanded. HOA default judgment vacated; service by publication requires strict due diligence under Ruffino. This plain-language summary was generated from the court’s filings; the court’s own records control.
Listen: audio deep dive on the case record
An AI-generated audio deep dive walking through the case record in Palm Valley Community Association v. Cynthia A. McAlister & Mark A. McAlister. Generated from the case filings; verify against the linked records below.
Procedural timeline
Palm Valley Community Association files its complaint in White Tank Justice Court (No. CC2015-095536).
Association serves by publication; notice published Nov 4, 11, 18 and 25, 2015.
Justice court enters default judgment against Mark A. McAlister for $6,241.16.
Mark A. McAlister moves to set aside the default judgment.
Justice court denies the motion to set aside.
Homeowners appeal to Superior Court; matter assigned to Judge Julie A. LaFave (LC2024-000143).
Judge LaFave enters initial ruling reversing justice court judgment.
On reconsideration, court applies the 2015 version of Rule 4.1, affirms the justice court default judgment, and declines to consider Ruffino.
Arizona Court of Appeals issues its mandate on McAlister's special action, directing the Superior Court to consider Ruffino (remanded Feb 6, 2025).
Judge LaFave issues ruling on remand vacating default judgment under Ruffino due diligence standard.
Judge LaFave signs final order remanding matter to White Tank Justice Court for adjudication.
Complete source-document index
This index contains 8 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.
Minute Entry Reassignment To Judge Lafave
Type: Court order/minute entry
Minute entry reassigning lower court appeal to Judge Julie A. LaFave.
Record Appeal Ruling Reversed And Remanded
Type: Court order/minute entry
Initial record appeal ruling reversing the justice court judgment.
Minute Entry Motion For Reconsideration Filed
Type: Court order/minute entry
Minute entry acknowledging filing of association motion for reconsideration.
Minute Entry Motion To Reconsider Granted Affirming Justice Court
Type: Court order/minute entry
Minute entry granting reconsideration to examine rule versions and appellate authority.
Minute Entry Denying Enlargement Of Time
Type: Court order/minute entry
Minute entry denying motion to enlarge time.
Record Appeal Ruling On Remand Vacating Justice Court Judgment
Type: Decision or judgment
Substantive ruling by Judge Julie A. LaFave vacating default judgment under Ruffino due diligence standard.
Minute Entry Denying Oral Argument
Type: Court order/minute entry
Minute entry denying oral argument following issuance of remand ruling.
Final Order Remanding To White Tank Justice Court
Type: Court order/minute entry
Final formal order remanding matter to White Tank Justice Court for trial on the merits.
FAQ
When is an HOA permitted to serve a homeowner by publication in a newspaper?
Under Arizona Rule of Civil Procedure 4.1(l) and the Court of Appeals holding in Ruffino, service by publication is an extraordinary remedy available only after a plaintiff demonstrates diligent, exhaustive efforts to locate and personally serve the defendant through all reasonably practicable means.
Why did Judge Julie A. LaFave vacate the default judgment in this case?
Judge LaFave held that the association failed to make the required showing of due diligence before publishing notice. Because the association did not exhaust reasonably practicable channels to provide actual notice to the homeowners, service by publication was invalid, rendering the resulting default judgment void.
What was the significance of the Ruffino appellate precedent?
The Arizona Court of Appeals in Ruffino clarified that courts must strictly scrutinize affidavits of due diligence before approving service by publication, ensuring that property owners are not deprived of property or subjected to money judgments without constitutionally sufficient notice.
Who represented the parties in this appeal?
Palm Valley Community Association was represented by Trevor Ash of Maxwell & Morgan P.C., while homeowners Cynthia and Mark McAlister were represented by William Richardson of Richardson & Richardson P.C.
What happened to the justice court collection lawsuit after the appeal?
On July 14, 2025, Judge LaFave entered a final appealable order remanding the lawsuit to White Tank Justice Court, restoring the homeowners’ right to answer the complaint and defend against the association’s assessment claims on the merits.
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. LC2024-000143 |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | May 27, 2025 |
| Judge / panel | Hon. Julie A. LaFave |
| Parties | Palm Valley Community Association (Appellee) v. Mark A. McAlister (Appellant); Cynthia A. McAlister (underlying justice court defendant, not a party to the appeal) |
| Governing law |
|
| Topics | ProcedureAssessmentsForeclosure |
| Outcome / holding | Vacated and remanded. An HOA cannot sustain a default judgment obtained through service by publication without demonstrating strict due diligence in exhausting all reasonably practicable means of providing actual notice under Ariz. R. Civ. P. 4.1 and Ruffino. Defective publication service voids the default judgment, requiring vacatur and remand. |
| Primary public source | View hosted source opinion/order |
Parties, Court, and Research Coverage
| Reviewed source package | 8 PDFs |
|---|---|
| Step-by-step docket roadmap | 11 roadmap entries |
| Video overview | Palm Valley Community Association v. Cynthia A. McAlister & Mark A. McAlister |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Featured download links | 2 download links |
Key Issues & Findings
Palm Valley Community Association sued homeowners Cynthia and Mark McAlister in White Tank Justice Court for unpaid assessments and collection costs. After unsuccessful personal service attempts, the association published notice in a newspaper and secured a default judgment. Represented by William Richardson, Mark McAlister appealed to Maricopa County Superior Court, arguing that the association failed to exercise due diligence to ascertain his whereabouts before resorting to publication notice. Assigned to Judge Julie A. LaFave, the court reviewed the record in light of the Court of Appeals landmark decision in Ruffino regarding alternative service standards. On May 27, 2025, Judge LaFave issued a formal ruling vacating the justice court default judgment. The court held that publication service was defective because the association failed to demonstrate diligent pursuit of reasonably practicable channels for personal service. On July 14, 2025, the court entered a final order remanding the case to justice court for adjudication on the merits.
The Superior Court exercised appellate jurisdiction under A.R.S. §§ 12-124 and 22-261. Service of process is a fundamental prerequisite to personal jurisdiction and due process. Under Arizona Rule of Civil Procedure 4.1, service by publication is an exceptional procedure permitted only upon a showing of due diligence that the defendant cannot be served within the state by ordinary means.
Applying the Arizona Court of Appeals decision in Ruffino, Judge LaFave examined whether the association satisfied the due diligence standard. While due diligence does not require a plaintiff to pursue every conceivable channel of inquiry, it requires a thorough and systematic effort using all practical sources of information reasonably available. Examining the justice court record, the court determined that the association's investigation fell short of constitutional and procedural due diligence standards. Because the association failed to demonstrate that personal service was truly impracticable, service by publication was legally insufficient. Accordingly, the justice court lacked personal jurisdiction to enter default judgment, mandating that the judgment be vacated and the case remanded for proceedings on the merits.
HOA collection firms frequently resort to service by publication when homeowners do not immediately answer the door for process servers, allowing associations to quickly obtain default judgments and proceed toward wage garnishment or lien foreclosure. This ruling confirms that Arizona courts enforce strict constitutional due diligence standards under Ruffino. Associations cannot take shortcuts with newspaper publication, and default judgments obtained through defective service will be vacated on appeal, protecting homeowners from having their property rights compromised without actual notice.