Joyce Jasper-Burnett v. Chateau De Vie Four Townhouse Association, et al. - CV2017-015815

Joyce Jasper-Burnett v. Chateau De Vie Four Townhouse Association, et al. (Maricopa County Superior Court Case No. CV 2017-015815) involved a dispute between plaintiff Joyce Jasper-Burnett and defendants Chateau De Vie Four Townhouse Association (the "Association") and AAM, LLC ("AAM") [1, 2]. The case resolved through a settlement agreement after navigating major procedural developments, including a critical motion to dismiss and disputes regarding the case's arbitration track [2-4]. The Motion to Dismiss and Core Legal Issues In April 2018, the defendants moved to dismiss several counts of Jasper-Burnett’s complaint for failure to state a claim under Rule 12(b)(6) [1, 5, 6]. Following oral arguments held on June 27, 2018 [6, 7], Superior Court Judge Pamela Gates issued an under-advisement ruling on July 18, 2018, which shaped the surviving issues of the litigation [2, 6]. Specifically, the court ordered the following [8-10]: Negligence (Count Three) and Equitable Estoppel (Count Four) against the Association were permitted to proceed, as the court denied the Association's motion to dismiss these claims [8, 9]. Aiding and Abetting (Count One) against AAM, LLC was also permitted to proceed, with its motion to dismiss denied [9]. Breach of Fiduciary Duty (Count Two) against the Association was dismissed [9]. Negligence (Count Two) against AAM, LLC was dismissed [9, 10]. Alternative Dispute Resolution and Arbitration Conflicts In October 2018, the parties requested a referral to a judicially-administered settlement conference [11, 12]. At a status conference on November 7, 2018, the court referred the case to the Alternative Dispute Resolution Department to appoint a judge pro tempore for a mandatory settlement conference [12, 13]. Additionally, the court noted that the matter was on an arbitration track and placed the case on a dismissal calendar to ensure progress [14]. An emergency status conference was subsequently held on February 27, 2019, to resolve disputes regarding the arbitration process [15-17]. The court formally found that the parties had not knowingly or intentionally waived their right to arbitration and ordered the case to proceed on the arbitration track [3]. However, the court-appointed arbitrator, Nicholas C. Abdo, had filed a Notice of Potential Conflict on February 25, 2019 [18]. Because the plaintiff objected to his continued role, the court excused Abdo as arbitrator and referred the case back to Civil Court Administration to appoint a replacement [18]. To accommodate this transition, the court granted Plaintiff's motion and extended the dismissal calendar deadline to August 27, 2019 [19]. Final Settlement and Case Outcome The litigation concluded shortly after the arbitration dispute was addressed. On March 5, 2019, the parties filed a Notice of Settlement [4]. In response, on March 6, 2019, the court officially vacated the August 27, 2019 dismissal deadline and set a new case dismissal date for May 6, 2019 [20]. The court ordered that all remaining claims and parties would be dismissed on that date unless a stipulated judgment or a stipulation for dismissal was submitted beforehand [20]. Consequently, all other pending motions in the case were deemed moot [21]. Case Details: Case ID: joyce-jasper-burnett-v-chateau-de-vie-four-townhouse-association Docket: CV2017-015815 For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public court, ADRE, OAH, and related public records and may express opinions. Not affiliated with any court, ADRE, or the OAH. Read the full Legal & Terms: https://azhoawatch.org/legal