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AZAPP Blog Your resource for news and analysis of cases in Arizona's appellate courts.

AZAPP Blog - 2010

Dec
29
2010

In Re Phillips (12/16/2010)

Arizona Supreme Court Shortens Suspension for Disciplined Attorney.

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Dec
15
2010

Sleeth v. Sleeth (12/9/2010)

Arizona Court of Appeals Division One Holds That a Trial Court Must Consider a Number of Factors when Determining Whether to Award Attorneys’ Fees Incurred by a Guardian, Conservator, or Trustee.

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Dec
8
2010

Lee v. State (11/9/2010)

Arizona Court of Appeals Division One Holds That Trier of Fact Must Decide Any Issue of Material Fact Concerning Compliance With Arizona’s Notice of Claim Statute.

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Dec
8
2010

Bither v. Country Mutual Insurance Company (11/30/2010)

Arizona Court of Appeals Division One Holds That Statutory Beneficiaries Who Are Not an “Insured” on the Applicable Policy May Not Recover Uninsured Motorist Benefits for a Wrongful Death Claim.

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Dec
8
2010

McGathy/Waldow v. LaPorta (12/2/2010)

Arizona Supreme Court Holds That In An Unsupervised Probate Administration Final Distribution of the Estate Is Not Required To Appeal a Court Order.

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Dec
8
2010

ESIS/ACE USA v. Industrial Commission (11/30/2010)

Arizona Court of Appeals Division One Holds That Insurers are not Precluded from Relitigating the Continuing Appropriateness of an Otherwise Final Supportive Care Award When the Parties’ Rights and Obligations Relating to the Supportive Care Benefits are Controlled by a Settlement Agreement That Expressly Permits Periodic Review of the Benefits.

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Dec
8
2010

Cristall v. Cristall (12/2/2010)

Arizona Court of Appeals Division One Holds That the Five-Year Period in Which a Judgment Creditor May Renew a Foreign Judgment Under A.R.S. § 12-1612 Runs from the Date the Trial Court Resolves an Objection over Domestication, Not the Date the Foreign Judgment Was Filed by the Judgment Creditor.

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Dec
1
2010

Thompson v. Pima County (11/16/2010)

Arizona Court of Appeals Division Two Holds That “Accrual” under the Notice of Claims Statute Differs From the “Facts Sufficient” to Support the Claim.

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Dec
1
2010

Home Builders Association of Central Arizona v. City of Mesa (11/4/2010)

Arizona Court of Appeals Division One Holds That Before a Municipality is Authorized to Impose a Development Fee Pursuant to A.R.S. § 9-463.05, the Public Service Must be Rationally Related to the Powers Granted to a Municipality, and That the Service Must be One That Traditionally Has Been Provided or Lawfully Forecast Pursuant to Statutes Governing Municipal Planning.

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Dec
1
2010

Arizona Farm Bureau Federation v. Brewer (11/12/2010)

Arizona Court of Appeals Division One Holds That Legislature’s Sweep of Monies from Agricultural Funds Does Not Violate the Arizona Constitution.

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Dec
1
2010

Anderson v. Arizona Game and Fish Department (11/8/2010)

Arizona Court of Appeals Division Two Holds That A.R.S. § 17-340 Does Not Provide the Arizona Game and Fish Commission With the Authority to Impose Consecutive Sanctions.

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Nov
18
2010

Morris v. Giovan (11/15/2010)

Arizona Court of Appeals Division One Holds That 28 U.S.C. § 1367(d) Does Not Toll the Statute of Limitations on Supplemental State Law Claims Where the Federal Action Was Dismissed for Lack of Subject Matter Jurisdiction.

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Nov
18
2010

Arizona Real Estate Inv., Inc. v. Schrader (11/9/2010)

Arizona Court of Appeals Division One Holds That Post and Mail Service of a Summons and Complaint is Improper in a Forcible Detainer Action.

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Nov
18
2010

College Book Centers, Inc. v. Carefree Foothills Homeowners’ Association (10/26/2010)

Arizona Court of Appeals Division One Holds That An HOA’s Approval of Two CC&R Violations Among Seventy-Six Parcels Cannot Constitute Waiver and a CC&R Non-Waiver Clause Is Enforceable Absent a Complete Abandonment of the CC&Rs.

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Nov
18
2010

Elm Retirement Center, LP v. Callaway (11/2/2010)

Arizona Court of Appeals Division One Holds That Real-Estate Sales Contracts May Disclaim Liability For Representations By Sellers Regarding Square Footage.

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Nov
4
2010

Romley v. Daughton (10/28/2010)

Arizona Court of Appeals Division One Holds That County Board of Supervisors May Divest the County Attorney of Authority to Represent the County in Civil Litigation Because of Conflicts of Interests or Strategic Disagreements, but Only on a Case-by-Case Basis.

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Nov
4
2010

Gelb v. Department of Fire, Building and Life Safety (10/28/2010)

Arizona Court of Appeals Division One Holds That the Administrative Hearing Process for Resolving Disputes Between Homeowners and Homeowners’ Associations Violates the Separation of Powers Provision of the Arizona Constitution.

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Nov
4
2010

Little v. State (9/30/2010)

Arizona Court of Appeals Division Two Holds That a Claim Accrues Under the Notice of Claims Statute When the Plaintiff Discovers Enough Facts to Allege an Injury and the Causes of the Injury, Rather Than When an Official Investigation is Completed.

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Oct
20
2010

In re MH 2010-00029 (10/6/2010)

Arizona Court of Appeals Division Two Holds That A Physician’s Examination Via A Video-Conferencing System Does Not Qualify As a “Complete Physical Examination” Under A.R.S. §§ 36-501(14) and 533(B).

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Oct
20
2010

Ochser v. Funk (9/28/2010)

Arizona Court of Appeals Division One Holds That Officers Are Entitled to Qualified Immunity When They Arrest Someone Based on a Facially Valid Warrant Even Though Documentary Evidence Showing the Warrant’s Invalidity Is Close at Hand.

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Oct
14
2010

Keefer v. Keefer (9/28/2010)

Arizona Court of Appeals Division One Holds That When the Amount of SSDI Dependency Payments Exceeds the Monthly Child Support Obligation, the Excess May Satisfy the Disabled Parent’s Share of Current Unreimbursed Medical Expenses.

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Oct
14
2010

Ochser v. Funk (9/28/2010)

Arizona Court of Appeals Division One Holds That Officers Are Entitled to Qualified Immunity When They Arrest Someone Based on a Facially Valid Warrant Even Though Documentary Evidence Showing the Warrant’s Invalidity Is Close at Hand.

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Sep
28
2010

Dos Picos Land Limited Partnership v. Pima County (8/31/2010)

Arizona Court of Appeals Division Two Holds That Property Owner Who Sues For a Regulatory Taking Is Not Entitled To Attorney’s Fees Under A.R.S. § 11-972(B), And Holds That Interest On a Judgment In an Inverse-Condemnation Proceeding Is Calculated Using A.R.S. § 11-269.04(1).

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Sep
27
2010

Porter v. Spader (9/21/2010)

Arizona Court of Appeals Division One Holds That Rule 60(c)(1) Does Not Allow Relief From a Judgment Entered Based on a Statute of Limitations.

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Sep
27
2010

Valento v. Valento (9/23/2010)

Arizona Court of Appeals Division One (1) Prescribes the Method for Calculating the Community’s Equitable Lien in Separate Property When Community Funds Have Reduced the Principal or Increased the Market Value of the Property but the Property’s Value Has Depreciated During Marriage, and (2) Concludes That Parol Evidence May Not Contradict the Unambiguous Language of a Deed Conveying Property Jointly to Spouses.


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Sep
22
2010

Nielson v. Hicks (9/21/2010)

Arizona Court of Appeals Division One Holds That When Real Property Is Not the Basis of a Plaintiff’s Claim, but Is Rather Peripheral to the Action, A.R.S. § 12-401(12) Governing Mandatory Venue in Real Property Matters Does Not Apply.

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Sep
21
2010

In re Bond in the Amount of $75,000 (9/10/2010)

Arizona Court of Appeals Division Two Holds That A Trial Court Does Not Lose Jurisdiction over Appearance-Bond-Forfeiture Proceedings After a Criminal Defendant Is Acquitted.

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Sep
21
2010

Cardinal & Stachel, P.C. v. Curtiss (9/3/2010)

Arizona Court of Appeals Division Two Holds that Attorney Fees Incurred for Marriage Dissolution Proceedings Can Be Community Debts if the Dissolution Never Becomes Final.

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Sep
21
2010

Hamill v. Mid-Century Ins. Co (9/3/2010)

Arizona Court of Appeals Division Two Holds That When a Motorist’s Insurance Company States That It Will Pay Any Judgment or Settlement Regardless of the Policy’s Stated Liability Limit, The Motorist Is Not an Underinsured Motorist for Purposes of A.R.S. § 20-259.01.

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Sep
17
2010

Cardinal & Stachel, P.C. v. Curtiss (9/3/2010)

Arizona Court of Appeals Division Two Holds that Attorney Fees Incurred for Marriage Dissolution Proceedings Can Be Community Debts if the Dissolution Never Becomes Final.

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Sep
17
2010

Hamill v. Mid-Century Ins. Co. (9/3/2010)

Arizona Court of Appeals Division Two Holds That When a Motorist’s Insurance Company States That It Will Pay Any Judgment or Settlement Regardless of the Policy’s Stated Liability Limit, The Motorist Is Not an Underinsured Motorist for Purposes of A.R.S. § 20-259.01.

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Sep
14
2010

News Article (9/14/2010)

Commission to Interview 9 Candidates for Arizona Supreme Court Vacancy.

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Sep
10
2010

McLaughlin v. Bennett (9/2/2010)

Arizona Supreme Court Holds That Proposed Constitutional Amendment to Require Voting by Secret Ballot in Elections for Public Office and for Employee Representation Fails to Satisfy the Separate Amendment Requirement of the Arizona Constitution.

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Sep
10
2010

Fred Nackard Land Company v. Flagstaff (9/2/2010)

Arizona Court of Appeals Division One Holds That Article 15, Section 12 of the Arizona Constitution Does Not Apply to Municipal Corporations.

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Sep
10
2010

Clusiau v. Clusiau Enterprises, Inc (7/8/2010)

Arizona Court of Appeals Division One Holds That a Judgment Rendered in a Small Claims Court is Not Entitled to Collateral Estoppel in a Subsequent Action in Superior Court.

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Sep
10
2010

Preston v. Kindred Hospitals West, L.L.C. (8/5/2010)

Arizona Court of Appeals Division One Holds That Rule 17(a) Does Not Require Plaintiffs to Establish That the Proper Plaintiff Was Difficult to Determine or That They Made an Understandable Mistake Before Being Allowed to Join or Substitute the Proper Plaintiff.

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Sep
1
2010

Arpaio v. Maricopa County Board of Supervisors (8/19/2010)

Arizona Court of Appeals Division One Holds That Legislature Has Power To Authorize the Transfer of Monies From Statutorily Created Funds Into the State’s General Fund Without Expressly Amending the Statutes Which Created the Funds. In Addition, the Notice-of-Claim Statute, A.R.S. § 12-821.01, Applied When the Sheriff’s Remedies Would Seek the Return of Money from the State, Even Though The Complaint Did Not Request Damages.


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Aug
26
2010

Desert Mountain v. Liberty Mutual (8/3/2010)

Arizona Court of Appeals Division One Holds That Coverage for Sums An Insured Becomes Legally Obligated to Pay as Damages May Be Triggered Even in the Absence of a Civil Lawsuit Against the Insured or a Court Order Requiring the Insured to Make Payment.

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Aug
25
2010

Fidelity Express Network Inc. v. Friedman (8/19/2010)

Arizona Supreme Court Holds That Actions to Enforce a Judgment, to Conduct Discovery of a Judgment Debtor’s Assets, or to Assert New Claims Relating to a Prior Judgment, Do Not Constitute Action “On” a Judgment for Purpose of Judgment Renewal Under Arizona Statutes.

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Aug
25
2010

In re MH 2009-002120 (8/12/2010)

Arizona Court of Appeals Division One Holds That An Involuntarily Committed Mental Health Patient’s Due Process Rights Are Not Violated When A Required Physician Evaluation of the Patient Is Deficient Because the Patient Fails to Cooperate During the Evaluation.

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Aug
25
2010

Griffith v. Baca (8/17/2010)

Arizona Supreme Court Holds That: (1) an Elector Validly Reregistered to Vote By Crossing Out the Address Listed on a Prior Registration Form and Resubmitting the Form Bearing the Same Signature and (2) an Elector Who Has Submitted an Early Ballot in One Precinct May Reregister In Another Before the Election Takes Place.


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Aug
25
2010

In re MH 2008-000867 (8/5/2010)

Arizona Supreme Court Holds That Use of Telephonic Testimony in a Hearing for Court-Ordered Treatment Does Not Violate Due Process.

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Aug
24
2010

News Article (8/24/2010)

13 Applicants Being Considered for Arizona Supreme Court.

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Aug
13
2010

Grand v. Nacchio (8/5/2010)

Arizona Supreme Court Holds That Under A.R.S. § 44-2003(A), One Who Induces the Sale of a Stock Does Not Necessarily Also Participate in the Sale of That Stock.

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Aug
13
2010

El Pacion v. Thomas/Bowie v. Huppenthal (8/2/2010)

Arizona Supreme Court, in Division, Holds That Disqualification of Signatures on an Electoral Candidate’s Nominating Petition is Not the Proper Remedy If Signatures Are Collected When a Candidate Has Established an Exploratory Committee, But Not a Campaign Committee.

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Aug
13
2010

Ruiz v. Lopez (8/3/2010)

Arizona Court of Appeals Division One Holds That Failure to Comply with the Notice Requirements of Rule 55(a)(1)(i) Prevents the Entry of Default From Becoming Effective, Thereby Rendering the Resulting Default Judgment Void.

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Aug
13
2010

Robinson v. Kay (7/30/2010)

Arizona Court of Appeals Division Two Holds That the Court of Appeals Does Not Have Jurisdiction Over a Judgment That Merely Disposes of One of the Two Legal Theories Supporting a Single Claim Despite Rule 54(b) Language Certifying the Judgment as Final.

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Aug
13
2010

McClung v. Bennett (8/6/2010)

Arizona Supreme Court Holds That Nomination Petition Challenger May Not Raise at Hearing New Grounds to Challenge Petition Signatures Without Advance Notice to Other Affected Parties.

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Aug
13
2010

Cardona v. Kreamer (7/30/2010)

Arizona Supreme Court Holds That Service of Foreign Judicial Documents in Mexico Must Be Made Through Mexico’s Ministry of Foreign Affairs Pursuant to the Hague Service Convention.

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Aug
13
2010

Tarron v. Bowen Machine & Fabricating, Inc (8/3/2010)

Arizona Supreme Court Holds that Borrowing Employer Need Not Have Exclusive Control Over Borrowed Employee to be Vicariously Liable for Employee’s Negligent Acts Under Borrowed Servant Doctrine.

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Aug
13
2010

Clusiau v. Clusiau Enterprises, Inc (7/8/2010)

Arizona Court of Appeals Division One Holds That aJudgment Rendered in a Small Claims Court is Not Entitled to Collateral Estoppel in a Subsequent Action in Superior Court.

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Aug
2
2010

Ramsey v. Yavapai Family Advocacy Center (7/13/2010)

Arizona Court of Appeals Division One Holds That A Counselor Treating an Alleged Victim of Abuse Owes No Duty of Care to an Alleged Third-Party Abuser.

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Aug
2
2010

McReynolds v. American Commerce Insurance Company (7/13/2010)

Arizona Court of Appeals Division One Holds That An Insurer Satisfies Its Duty by Promptly, and in Good Faith, Interpleading Its Policy Limits Into Court, Naming All Known Claimants in the Action and Continuing to Provide a Defense To Its Insured.

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Aug
2
2010

Chopin v. Chopin (6/3/2010)

Arizona Court of Appeals Division One Holds That Definition of “Romantic Cohabitation,” As Used in Spousal Maintenance Agreement, Includes a “Physical Living Together.”

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Jul
16
2010

Johnson v. Arizona (7/8/2010)

Arizona Supreme Court Holds That Evidence of Subsequent Remedial Measures Is Not Admissible to Rebut Defense of Comparative Negligence.

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Jul
16
2010

Roberts v. City of Phoenix (7/1/2010)

Arizona Court of Appeals Division One Holds That Entry of Default Judgment is an Appropriate Sanction For Discovery Violations Committed in Bad Faith if the Party Itself is at Fault and the Court Has Considered, and Rejected, Lesser Sanctions.

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Jul
16
2010

Gutierrez v. ICA (7/8/2010)

Arizona Court of Appeals Division One Holds That Physicians Making Rule 113(B) Determinations of Impairment For Workers' Compensation Should Use the AMA Guide Then In Effect.

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Jul
16
2010

Estate of Braden v. State (6/29/2010)

Arizona Court of Appeals Division One Holds That The State May Be Held Liable for Statutory Abuse and Neglect Pursuant to A.R.S. § 46-455 When the State Contracts With Private Agencies to Provide Development Disability Services

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Jul
16
2010

Simon v. Maricopa Med. Center (7/1/2010)

Arizona Court of Appeals Division One Holds That When a Party Improperly Names a Non-Jural Entity, but Properly Serves the Associated Jural Entity, Dismissal is Not Warranted.

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Jul
9
2010

State Compensation Fund v. Fink (7/1/2010)

Arizona Court of Appeals Division One Holds That the 2007 Amendment to A.R.S. § 23-1023(C) – Which Gives Workers’ Compensation Carriers the Right to Intervene in Certain Actions – Applies to Motions to Intervene Filed After the 2007 Effective Date of the Amendment, Even in Cases Instituted Before the Effective Date.

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Jul
9
2010

Ellsworth Land and Livestock Inc. v. Bush (6/22/2010)

Arizona Court of Appeals Division One Holds That Annuity Payments Are Debt Subject to Garnishment and That a Court May Issue the Writ of Garnishment So Long As It Has Personal Jurisdiction Over the Garnishee.

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Jul
9
2010

Kadlec v. Dorsey (7/2/2010)

Arizona Supreme Court Holds That the Mere Creation of a Roadway Easement Does Not Raise a Presumption That the Road Has Been Dedicated for Public Use.

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Jul
1
2010

Hospital – Carondelet, L.L.C. (5/27/2010)

Arizona Court of Appeals Division Two Holds That Defendants Have the Burden to Apportion Damages Among Themselves When the Plaintiff Proves That Each Contributed to the Final Injury.

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Jul
1
2010

County of La Paz v. Yakima Compost Co (6/22/2010)

Arizona Court of Appeals Division One Holds that a Public Entity Waives a Defense Based on an Insufficient Notice of Claim if the Public Entity Fails to Raise the Defense in a Responsive Pleading or Rule 12(b) Motion, and that the Implied Covenant of Good Faith and Fair Dealing is Violated When a Party Exercises Contractual Discretion in Such a Way so as to Force Termination of an Agreement.


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Jul
1
2010

Sempre Limited Partnership v. Maricopa County (6/22/2010)

Arizona Court of Appeals Division One Holds That A Taxpayer Whose Application That Property Be Classified as Being Used For Agricultural Purpose Has Been Denied Does Not Need to Seek Administrative Review Before Filing a Direct Appeal in Tax Court .

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Jul
1
2010

Braillard v. Maricopa County (5/27/2010)

Arizona Court of Appeals Division Two Holds That the Maricopa County Sheriff’s Office Is a Nonjural Entity Which Cannot Be Sued Separately From the County, That An Adult Child Does Not Have Standing to Bring a Wrongful Death Action Under § 1983, and That Plaintiffs May Claim Punitive Damages Under § 1983.

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Jul
1
2010

Old Republic National Title Insurance Co. v. New Falls Corporation (6/15/2010)

Arizona Court of Appeals Division One Holds That a Garnishment Action May Properly Be Dismissed If an Objection to the Answer is Not Heard Within Ten Days as Required by A.R.S. § 12-1580.B

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Jul
1
2010

Perry v. Hon. Ronan/Bennett (6/22/2010)

Arizona Court of Appeals Division One Holds That an Offer With a Deadline That is Conveyed Late Due to the Offeror’s Fault or the Offeror’s Approved Means of Transmission Can Nevertheless Be Accepted and Enforced If the Offereee Neither Knows Nor Has Reason to Know That There Has Been Delay.

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Jun
23
2010

Ezell v. Quonn (6/17/2010)

Arizona Court of Appeals Division One Holds That Plaintiffs Must Move to Have a Default Judgment Set Aside Before They Can Appeal, That a Pleading Need Only Have a Concise Statement of the Cause of Action Sufficient to Put the Defendant on Notice, That a Claim for Punitive Damages Need Only Contain a General Prayer for Punitive Damages, and That a Request For an Award of Attorney’s Fees Must Cite the Legal Basis For the Request.


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Jun
22
2010

Chopin v. Chopin (6/3/2010)

Arizona Court of Appeals Division One Holds That Definition of “Romantic Cohabitation,” As Used in Spousal Maintenance Agreement, Includes a “Physical Living Together.”

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Jun
22
2010

Yeung v. Maric (6/8/2010)

Arizona Court of Appeals Division One Holds That Statements Made by a Witness in Private Arbitration Are Protected by the Absolute Privilege Afforded to Participants in Judicial Proceedings.

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Jun
22
2010

Edwards v. Board of Supervisors of Yavapai County (3/30/2010)

Arizona Court of Appeals Division One Holds That A.R.S. § 12-820.03 Does Not Include a “State of the Art” Standard for Establishing Qualified Immunity.

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Jun
22
2010

In re Thomas R (6/17/2010)

Arizona Court of Appeals Division One Holds That Expert Witness Testifying in Sexually Violent Person Civil Commitment Proceeding May Rely on Hearsay Evidence of Sexual Assault for Which Defendant Was Never Prosecuted.

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Jun
22
2010

Leveraged Land Co. v. Hodges (5/27/2010)

Arizona Court of Appeals Division Two Holds That (1) a Tax Lien Purchaser is Not a Bona Fide Purchaser Because the Recorded Default Judgment Provides Constructive Notice of the Land Owner’s Interest in the Land, (2) the Trial Judge Has Discretion to Extend the Time Period for Filing a Motion for Attorneys’ Fees, and (3) Tax Lien Holders are Entitled to Reasonable Attorneys’ Fees in Contesting the Redemption of the Lien Even When the Resistance is Ultimately Unsuccessful.


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Jun
22
2010

Baker v. Dolphin Beach Rental & Management, LLC (6/15/2010)

Arizona Court of Appeals Division One Holds That A Person Need Not Be a Licensed Contractor to Bring Suit for Breach of Contract When the Work Contracted for Was to Be Done in Mexico.

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Jun
3
2010

Scottsdale Memorial Health Systems, Inc. v. Maricopa County (3/30/2010)

Arizona Court of Appeals Division One Holds That Parties May Prove Facts by Statistical Sampling and Extrapolation in an Appropriate Case with Adequate Safeguards of Reliability.

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Jun
3
2010

Hormel v. Maricopa County (5/27/2010)

Arizona Court of Appeals Division One Holds That Once a County Approves a Property Classification Change Without Taking Exception, the County Must Correct the Tax Roll to Reflect the New Classification and Must Refund Any Overpaid Taxes.

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Jun
3
2010

Ramsay v. Wheeler-Ramsay (5/20/2010)

Arizona Court of Appeals Division One Holds That (1) Real Property Acquired During a Marriage Does Not Necessarily Lose Its Community Character When One Spouse Encumbers the Property Without the Other Spouse’s Joinder, (2) a Debt so Incurred May be a Community Debt, and (3) the Maricopa County Spousal Maintenance Guidelines Have No Force of Law, and Cannot be Used to Attack an Otherwise Proper award of Spousal Maintenance.


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Jun
3
2010

City of Chandler v. Arizona Department of Transportation (5/20/2010)

Arizona Court of Appeals Division One Holds That A City Is Responsible for Paying the Expenses to Relocate Its Utility Lines When Necessitated by Road Improvements, Unless the Utility Lines Were in Place Before the Public Acquisition of the Roadway.

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May
26
2010

Young v. Beck (5/20/2010)

Arizona Court of Appeals Division One Holds That Parents May Be Liable for a Car Accident Negligently Caused by Their Child Under the Family Purpose Doctrine Even When the Child Causes the Accident While Violating Parental Restrictions on Use of the Car.

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May
26
2010

Progressive Casualty Insurance Co. v. Estate of Palomera-Ruiz (5/20/2010)

Arizona Court of Appeals Division One Holds That An Electronic Recording of a Telephone Conversation Does Not Comply with the “Written Notice” Requirement in A.R.S. § 20-259.01.

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May
26
2010

Baier v. Mayer Unified School District (5/18/2010)

Arizona Court of Appeals Division One Holds That School Districts are Barred From Challenging the Constitutionality of the State Land Commissioner’s Decision to Honor an Easement Granted Without Compensation.

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May
24
2010

Taser Int’l, Inc. v. Ward (5/13/2010)

Arizona Court of Appeals Division One Holds That Employee May Prepare to Compete Against Employer Without Breaching Fiduciary Duty of Loyalty.

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May
24
2010

Lips v. Scottsdale Healthcare Corporation (5/3/2010)

Arizona Supreme Court Holds That A Third Party May Not Be Held Liable For the Negligent Spoliation of Evidence.

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May
11
2010

Comercia Bank v. Hadi Mahmoodi (5/4/2010)

Arizona Court of Appeals Division One Holds That A Plaintiff May Only Obtain Summary Judgment if it Submits Undisputed Admissible Evidence that Would Compel Any Reasonable Juror to Find in its Favor on Every Element of its Claim.

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May
11
2010

Diaz v. Phoenix Lubrication Services, Inc (5/4/2010)

Arizona Court of Appeals Division One Holds That Defendant’s Limited Undertaking of Performing an Oil Change With Tire Pressure Check Did Not Create a Duty to Inspect Tires for Worn Tread.

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May
11
2010

3502 Lending, LLC v. CTC Real Estate Service (4/29/2010)

Arizona Court of Appeals Division One Holds That A Prior Recorded Deed of Trust Can Create a Valid Senior Lien Even if the Deed Fails to Include a Legal Description of the Real Property.

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May
10
2010

The Planning Group of Scottsdale, L.L.C. v. Lake Mathews Mineral Props., Ltd. (5/6/2010)

Arizona Court of Appeals Division One Holds That Arizona Has Specific Personal Jurisdiction over a Defendant in a Contract Case if the “Purposeful Availment” Standard, Rather Than the “Purposeful Direction” Standard, Is Satisfied.

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May
10
2010

Saguaro Highlands Cmty. Ass’n v. Biltis (5/6/2010)

Arizona Court of Appeals Division One Holds That An Arbitration Clause in CC&Rs Does Not Apply When a Homeowner Fails to Obtain Proper Approval for a Structure.

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May
10
2010

In re MH 2009-001264 (4/27/2010)

Arizona Court of Appeals Division One Holds That A Judge Is Not Required to Engage in a Personal Colloquy With Mental Health Patient To Determine Whether He Knowingly Waived Having Examining Physicians Testify in Person.

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May
10
2010

Peoria v. Brink’s Home Security, Inc (4/29/2010)

Arizona Court of Appeals Division One Holds That The Cities of Phoenix and Peoria May Impose Transaction Privilege Taxes on the Income Received From a Home Security Monitoring Company Pursuant to Phoenix City Code § 14-470(a)(2)(D) and Peoria City Code § 12-470(a)(2)(D).

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May
4
2010

Hosea v. City of Phoenix Fire Pension Bd. (4/29/2010)

Arizona Court of Appeals Division One Holds That A Local Pension Board May Reject an Application for Accidental Disability Benefits Under the Public Safety Personnel Retirement System Without Appointing a Medical Board if the Disability Was Not a Cause of the Retirement.

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May
4
2010

State of Arizona v. Arizona Navigable Stream Adjudication Commission (4/27/2010)

Arizona Court of Appeals Division One Holds That Stream Adjudication Commission Must Consider What River Flow Would Have Been at Time of Statehood Without Man-Made Dams or Diversions in Determining River Navigability to Resolve Dispute Over Ownership of Arizona River Beds.

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May
4
2010

Simpson v. Simpson (4/22/2010)

Arizona Court of Appeals Division One Holds That Arizona Revised Statutes Section 25-320(B) Does Not Require a Party to Separately Request Retroactive Child Support.

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May
4
2010

Loiselle v. Cosas Management Group, LLC (4/20/2009)

Arizona Court of Appeals Division One Holds That A Person Need Not Pay Restitution to Another for the Unjust Receipt of Funds Where a Subsequent Change of Circumstance Would Cause the Recipient to Suffer Entire or Partial Loss.

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Apr
27
2010

Pima County v. McCarville (4/20/2010)

Arizona Court of Appeals Division Two Holds That Money Judgments in Inverse-Condemnation Actions Against the State or an Agency or Political Subdivision Thereof Are Stayed on Appeal Under Arizona Rule of Civil Procedure 62(g).

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Apr
27
2010

State v. Ochoa (4/20/2010)

Arizona Court of Appeals Division One Holds That Prisoner Mailbox Rule” Cannot Apply To a Prisoner Who Has an Attorney and That Trial Court Lacks Discretion To Extend Time for Filing a Claim of Legal Ownership in State Forfeiture Action.

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Apr
27
2010

Wilshire Ins. Co. v. S.A (3/23/2010)

Arizona Court of Appeals Division One Holds That Criminal-Act Exclusions in Insurance Policies Must be Read Narrowly so as to Bar Coverage of Intentionally Wrongful Acts but not Acts Intentionally Committed that Unintentionally Result in Wrongful Conduct.

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Apr
27
2010

Heavy Haul, Inc. v. Trail King Industries, Inc (4/20/2010)

Arizona Court Of Appeals Division One Holds That Damages Are Liquidated, and That a Plaintiff Is Thus Entitled to Prejudgment Interest, Where the Amount of Damages Is Certain, or Capable of Straightforward Calculation, Even if a Defendant Argues Comparative Negligence.

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Apr
27
2010

Estate of Desela v. Prescott Unified School District (4/20/2010)

Arizona Court of Appeals Division One Holds That Statute of Limitations Is Tolled For Assigned Claim During Period In Which Claim Assignee Is a Minor If Assignment Occurs Before Limitations Period Expires Against Assignor.

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Apr
27
2010

Stoddard v. Donahoe (4/6/2010)

Arizona Court of Appeals Division One Vacates a Civil Contempt Sanction Requiring Petitioner to Publicly Apologize for Secretly Taking and Copying Defense Counsel’s Documents During a Sentencing Hearing Because an Apology Will Not Remedy the Disruption Caused During the Hearing and Will Not Ensure That Petitioner Will Not Repeat Illegal Acts.

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Apr
27
2010

State v. Eazy Bail Bonds (4/22/2010)

Arizona Court of Appeals Division One Holds That A Corporation That Does Not Appear in Court Through Counsel Effectively Does Not Appear at All.

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Apr
27
2010

State ex rel. Indus. Comm’n of Ariz. v. Galloway (4/15/2010)

Arizona Court of Appeals Division One Holds That Arizona Division of Occupational Safety and Health Citation and Notification of Penalty Can Constitute an Enforceable Civil Penalty Under A.R.S. § 23-418(J) and Is an Enforceable Lien for Eight Years.

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Apr
27
2010

Arizona City Sanitary District v. Olson (4/16/2010)

Arizona Court of Appeals Division Two Holds that There Need Not Be a Finding That the First Recall Election was Valid Before a Party Seeking a Subsequent Recall Election of the Same Directors May be Required to Pay the Cost of the First One, as Required by Article VIII, part 1, § 5 of the Arizona Constitution and A.R.S § 19-202(B).

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Apr
27
2010

Aqua Management, Inc. v. Abdeen (3/23/2010)

Arizona Court of Appeals Division One Holds That in Performing a Rule 77(f) Analysis , Trial Courts Should Consider Attorneys’ Fees Included in an Arbitration Award and Prejudgment Interest Included in the Trial Court’s Judgment, But Not Post-Judgment Interest on the Arbitration Award.

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Apr
13
2010

Dreamland Villa Community Club, Inc. v. Raimey (3/16/2010)

Arizona Court of Appeals Division One Holds That Deed Restrictions for a Community with No Common Areas May Not Be Amended By Majority Vote to Require Membership in a New Homeowners’ Association When No Similar Covenant Existed Before.

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Apr
13
2010

McCloud v. Kimbro (3/23/2010)

Arizona Court of Appeals Division Two Holds that Employee on Out-of-Town Work Assignment Is Within the Course and Scope of Employment While Traveling To and From a Restaurant for a Regular Meal.

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Apr
12
2010

Solimeno v. Yonan (3/18/2010)

Arizona Court of Appeals Division One Holds that A Medical Malpractice Defendant Who Testifies as a Standard of Care Expert is Subject to Expert Disclosure Requirements, and a Party Who Causes a Mistrial May be Assessed Monetary Sanctions Under A.R.S. § 12-349(A)(3).

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Mar
24
2010

Flower v. Flower (2/25/2010)

Arizona Court of Appeals Division One Holds that the Family Court May Order a Substantially Unequal Distribution of Marital Assets and Debts Based On, Among Other Factors, the Relative Contributions Made By Each Spouse to the Community, the Division of Other Marital Assets and Debts, and the Length of the Marriage.

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Mar
24
2010

Aksamit v. Krahm (3/18/2010)

Arizona Court of Appeals Division One Holds That A “Best Interests” Attorney May Not Make Reports to the Court.

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Mar
24
2010

Strategic Development and Construction, Inc. v. 7th & Roosevelt Partners, LLC (3/18/2010)

Arizona Court of Appeals Division One Holds That, In Connection with a Motion to Dismiss, a Trial Court Has Discretion to Consider Documents That Are a Matter of Public Record or Central to the Complaint Without Converting it to a Motion for Summary Judgment.

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Mar
24
2010

Dreamland Villa Community Club, Inc. v. Raimey (3/16/2010)

Arizona Court of Appeals Division One Holds That Deed Restrictions for a Community with No Common Areas May Not Be Amended By Majority Vote to Require Membership in a New Homeowners’ Association When No Similar Covenant Existed Before.

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Mar
8
2010

Riendeau v. Wal-Mart Stores, Inc. (2/25/2010)

Arizona Court of Appeals Division One Holds that the Tardy Filing of a Cost Bond on Appeal from Compulsory Arbitration Does Not Render the Appeal to Superior Court Jurisdictionally Defective.

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Mar
8
2010

Inboden v. Inboden (2/25/2010)

Arizona Court of Appeals Division One Holds That Upon Dissolution of a Marriage, an Unequal Division of Jointly Held Property Cannot be Made Solely to Reimburse Each Spouse for Separate Funds That Were Used to Purchase the Jointly Held Property.

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Mar
2
2010

In re the General Adjudication of All Rights to Use Water in the Gila River System & Source (2/19/2010)

Arizona Supreme Court Holds That Its 1991 Special Order Governing the Adjudication of Water Rights Is Constitutional and Appropriately Limits the Scope of Review of Settlements Concerning Water Rights.

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Mar
2
2010

Ad Hoc v. Reiss / Schmuki v. Our Lady of the Sun (2/23/2010)

Arizona Court of Appeals Division One Holds That, Under the Ecclesiastical Abstention Doctrine, Courts Lack Jurisdiction to Resolve Disputes That Require an Inquiry Into Church Doctrine or Belief and that the Ecclesiastical Abstention Doctrine Applies Equally to Congregational and Hierarchical Churches.

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Feb
25
2010

Strait v. Strait (2/11/2010)

Arizona Court of Appeals Division One Holds Although the Family Court Can Consider a One-Time Insurance Settlement as Income When Modifying Child Support, It Cannot Do So Without Determining Whether the Settlement Represented a Recoupment of Lost Capital or an Offset of Litigation Expenses Incurred.

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Feb
17
2010

Flagstaff Affordable Housing Ltd. P’ship v. Design Alliance, Inc (2/2/2010)

Arizona Supreme Court Holds That Economic Loss Doctrine Prohibits a Plaintiff From Recovering in Tort for Purely Economic Loss under a Construction Contract, Unless the Contract Otherwise Provides.

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Feb
17
2010

LetBennett v. Baxter Group, Inc. (2/10/2010)

Arizona Court of Appeals Division Two Holds That The Unauthorized Recording of a Valid Real Estate Purchase/Sale Agreement Does Not Constitute Grounds For Slander of Title Under A.R.S. § 33-420.

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Feb
17
2010

Indus. Comm’n of Ariz. v. Word (2/8/2010)

Arizona Supreme Court Holds That the Eight-Year Limitations Period In A.R.S. § 23-907(E) For the Industrial Commission of Arizona to Recover Payments From Employers Runs From the Date of the Initial Award Giving Benefits to the Injured Worker, But That Each Payment Made to the Injured Employee by the Commission Qualifies as a Separate Judgment.

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Feb
10
2010

Aztar Corporation v. U.S. Fire Insurance Co. et al. (1/28/2010)

Arizona Court of Appeals Division One Holds That Hotel and Casino Cannot Recover Under Business Interruption Insurance Policy When an Expansion Building Collapses During Construction.

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Feb
10
2010

Arizona Tile, LLC v. Berger (2/2/2010)

Arizona Court of Appeals Division One Holds That A.R.S § 33-1005 Creates a Trust Obligation and that Directors of a Corporation May be Held Personally Liable if they Cause a Corporation to Breach that Trust Obligation.

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Feb
10
2010

Gamboa v. Metzler (2/2/2010)

Arizona Court of Appeals Division One Holds That Time Limitations Imposed by a Trial Court on a Party’s Examination of a Witness Are Not Unreasonable if the Time Constraints Encountered Are “Solely Attributable” to the Party.

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Feb
10
2010

Federico v. Maric (1/28/2010)

Arizona Court of Appeals Division One Rules That An Aiding and Abetting Bad Faith Claim Made Against a Doctor Performing an Independent Medical Exam for an Insurer Must Include Evidence That the Physician Knew of the Insurer’s Tort and Substantially Assisted or Encouraged the Insurer.

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Feb
10
2010

State v. Taylor (2/2/2010)

Arizona Court of Appeals Division One Holds That An Administrative Penalty Does Not Accrue Prejudgment Interest in the Absence of an Explicit Statutory Mandate.

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Jan
28
2010

In re MH 2008-002659 (1/21/2010)

Arizona Court of Appeal Division One Holds That A Mental Health Patient’s Right to a Hearing to Challenge Involuntary Hospitalization During a Mental Health Evaluation Does Not Include the Right to Challenge the Evaluation Itself.

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Jan
28
2010

Special Fund Division v. Industrial Commission of Arizona (1/21/2010)

Arizona Court of Appeals Division One Holds That When A When a Worker Suffers Two Injuries in a Single Industrial Accident, His Employer May Be Entitled to Reimbursement from the Industrial Commission Special Fund, Even If Either of the Injuries Alone Would Not Entitle the Employer to Reimbursement.

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Jan
26
2010

Ritchie v. Salvatore Gatto Partners, L.P. (1/5/2010)

Arizona Court of Appeals Division One Holds That A Party Who Redeems a Tax Lien Before Completion of Service of Process by Publication in a Foreclosure Action Is Not Liable for Plaintiff’s Costs and Fees.

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Jan
26
2010

Kaufman v. Langhofer (12/22/2009)

Arizona Court of Appeals Division One Holds That Pet Owners Are Not Entitled to Recover Emotional Distress Damages for the Death of a Pet in Negligence Actions.

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Jan
26
2010

Turken v. NPP CityNorth, L.L.C. (1/25/2010)

Arizona Supreme Court Holds that Courts May Not Consider Indirect, Non-Contractual Public Benefits in Determining Whether the Public Benefit to be Obtained from a Private Entity Under a Public Contract Is So Far Exceeded by the Consideration Paid by the Public that the Agreement Violates the Arizona Constitution’s Gift Clause.

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Jan
26
2010

Beck v. Deem (1/14/2010)

Arizona Court of Appeals Division One Holds That A.R.S. §§ 14-3910 and 14-3972(C) Protect a Third-Party Purchaser of a Beneficial Interest in a Deed of Trust Even When the Original Transferor Wrongly Obtained Title Through a Fraudulent Affidavit for Transfer of Real Property.

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Jan
26
2010

Kadlec v. Dorsey (12/24/2009)

Arizona Court of Appeals Division Two Holds that When Land is Sold Subject to a Roadway Easement, Courts are to Presume an Intent to Dedicate the Roadway to Public Use.

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Jan
8
2010

T.P. Racing, L.L.L.P. dba Turf Paradise Race Track v. Arizona Department of Racing (12/22/2009)

Arizona Court of Appeals Holds Division One That, Pursuant to A.R.S. § 5-107.01, the Department of Racing May Pass on to License Applicants the Full Cost of a Thorough Background Investigation.

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Jan
8
2010

Romer-Pollis v. Ada (12/24/2009)

Arizona Court of Appeals Division One Affirms Dismissal of Plaintiff’s Appeal of Arbitration Award When Plaintiff Failed to Comply with Arbiter’s Order To Submit a Pre-Hearing Written Statement and To Appear at Arbitration Hearing.

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Jan
8
2010

Ballestros v. American Standard Insurance Company of Wisconsin (12/23/2009)

Arizona Court of Appeals Division Two Holds That A.R.S. § 20-259.01 Does Not Provide an Automatic Safe Harbor From Suit When a Department of Insurance Form is Used to Convey an offer of UM/UIM Coverage When an Insurer Knows or Should Know That Merely Providing the Form Would be Insufficient to Reasonably Convey the Offer to the Potential Insured.


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Jan
8
2010

In re Marriage of Pullen v. Pullen (12/24/2009)

Arizona Court of Appeals Division One Holds that Courts Should Apply a Balancing Test to Determine Whether to Use Actual Income or Earning Capacity to Calculate Spousal Maintenance when Voluntary Reduction of Income Issues are Raised.

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Jan
8
2010

Trombi v. Hon. Donahoe/Alvarez-Miranda (12/22/2009)

Arizona Court of Appeals Division One Holds That Superior Courts Have the Authority to Conduct Contempt Proceedings Against the Sheriff's Office for Failure to Timely Transport Prisoners and That Civil Contempt Sanctions Must Serve a Compensating or Coercive Function.

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