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Chandler v. Brockbank

Court of Appeals of Arizona, First Division, Department C

October 24, 2013

DAMARIS CHANDLER, Plaintiff/Appellant,
v.
MARIA BROCKBANK; MIKE WASHINGTON; CLIFTON L. BURGENER; THE SYNDICATE, LLC., Defendants/Appellees

Not for Publication -Rule 28 Arizona Rules of Civil Appellate Procedure

Appeal from the Superior Court in Maricopa County Cause No. CV2012-011691 The Honorable Maria del Mar Verdin, Judge

Damaris Chandler Mesa Plaintiff/Appellant in propria persona

Guy P. Wolf Attorney at Law Phoenix Attorney for Defendants/Appellees Washington, Burgener and The Syndicate, LLC

Maria Brockbank Cave Creek Defendant/Appellee in propria persona

MEMORANDUM DECISION

PATRICIA A. OROZCO, Judge

¶1 Damaris Chandler (Chandler) appeals the trial court's order granting Appellees' Motion to Dismiss after she failed to respond to Appellees' motion. For the following reasons, we convert this appeal to a special action. We also accept special action jurisdiction and deny relief.

FACTS AND PROCEDURAL HISTORY

¶2 Chandler is a former residential tenant of Appellee, the Syndicate, LLC (Syndicate). Named Appellee Maria Brockbank acquired the Property through a sheriff's foreclosure deed.[1] Brockbank then transferred her interest in the Property to the Syndicate by special warranty deed. Appellee Clifton L. Burgener is the principal and sole member of the Syndicate, while Appellee Mike Washington is an employee of the Syndicate.[2]

¶3 After acquiring title to the Property, Appellees issued Chandler a five-day notice for non-payment of rent. Appellees then brought an eviction action for non-payment of rent in Encanto Justice Court.

¶4 Following a justice court trial, Appellees prevailed and obtained a judgment against Chandler, thereby rejecting Chandler's presentation of various issues regarding the Property's condition. Chandler filed an appeal to the superior court, which affirmed the eviction action judgment. See City of Phoenix v. Superior Court, 110 Ariz. 155, 157, 515 P.2d 1175, 1177 (1973) ("We take judicial notice of Superior Court records.").

¶5 While the justice court matter was pending, Chandler, appearing in propria persona, filed this civil action against Appellees in the Superior Court on August 17, 2012. Chandler's complaint in this civil action makes similar claims to those litigated in the justice court trial on August 31, 2012. After the justice court trial, Chandler served Appellees on September 10, 2012 with a summons for this separate civil action. Thereafter, Appellees filed a Motion to Dismiss this action pursuant to Arizona Rules of Civil Procedure 12(b)(6) and 12(b)(7). When Chandler did not respond to Appellees' motion, the trial court granted the motion and dismissed this case without prejudice. The trial court also granted Appellees' motion for attorney fees and costs, which Chandler also appeals.

DISCUSSION

A. Jurisdiction


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