In addition to the documentation listed below, we hope you will take some time to review It’s in the Math, which clearly illustrates the DMMA’s failure to follow its own voting protocol per the CC&Rs.
December 12, 2018
On December 12, 2018, a Desert Mountain Owner filed suit against DMMA in Maricopa County Superior Court. The Verified Complaint claims the amendment to the Desert Mountain CC&R’s, recorded on July 17, 2018, is invalid. The plaintiff has applied for a Preliminary Injunction. The Memo supporting the application has also been made available for review.
January 8, 2019
DMMA’s answer to the December 12, 2018 complaint denies most significant allegations and asks that the case be dismissed.
January 9, 2019
Counsel for DMMA responds to Plaintiff’s demand for a jury trial, denying that a trial is needed and reserving the right to move to strike Plaintiff’s demand.
January 14, 2019
The DMMA files Defense Motion for Summary Judgement. The DMMA offers their best justification for why the Plaintiff’s argument is without merit and request oral arguments be heard. the motion includes 129 pages of exhibits, including 125 pages which are the DMMA’s CC&Rs (not reproduced here) and Association Executive Director Kevin Pollock’s Affidavit Supporting Summary Judgment, provided under penalty of perjury.
January 15, 2019
The initial hearing scheduled in Maricopa County Superior Court to be heard by the Honorable Colleen French, is postponed based on DMMA’s request. In exchange for a new hearing date of February 14, 2019, the DMMA agrees to expedited discovery.
January 17, 2019
The Plaintiff formally submits their first Request for Production of Discovery to DMMA. The Plaintiff’s request is accompanied by their First Set of Non-Uniform Interrogatories to the DMMA with a supplemental request for Discovery.
January 30, 2019
The DMMA submits their first Request for Production of Documentsto the Plaintiff. The DMMA’s request is accompanied by theirFirst Set of Non-Uniform Interrogatories as well as their request to depose the two homeowners. Those depositions were scheduled for February 15, 2019 and were subsequently rescheduled.
February 1, 2019
The DMMA provides 1,668 pages of discovery documents. Discovery is accompanied by their formal Response to the First Request of Production and their Response to the First Set of Non-Uniform Interrogatories and Supplemental Request for Production.
February 4, 2019
Plaintiff respond to DMMA’s discovery requests, denying production of all documents because the requested information is either irrelevant, beyond the scope of discovery, deemed confidential or proprietary to the Plaintiff, or a violation of attorney-client privilege. The Plaintiff’s Response to DMMA’s First Request for Production and The Plaintiff’s Response to DMMA’s First Set of Non-Uniform Interrogatories are posted for review.
February 12, 2019
Plaintiff Files their Verified Initial Disclosure Statement.
February 13, 2019
the DMMA Files their Verified Initial Disclosure Statement.
February 14, 2019
An Order to Show Cause Return Hearing takes place at 8:30am in Maricopa Superior Country Court. Judge Colleen French presides over the hearing and rules that the Plaintiff will no be granted relief under Rule 56(d){Evidence required for an expedited hearing on plaintiff’s request for summary judgment}. Plaintiff is granted until February 22, 2019 to respond to DMMA’s Request for Summary Judgment.
February 19, 2019
A DMMA Resident and Club Member with material information pertaining to the case is subpoenaed to appear on March 6, 2019 for deposition by the Plaintiff.
February 20, 2019
At 2pm, Kevin Pollock, Executive Director, is deposed by the Plaintiff.
February 21, 2019
Plaintiff submits First Supplemental Disclosure Statement, reserving the right to continually modify.
February 22, 2019
Plaintiff meets the Court’s February 22, 2019 Response to Motion for Summary Judgement made by DMMA. Additionally, the Plaintiff provides a Controverting Statement of Facts in Opposition of Defendant’s Motion for Summary Judgment totaling 406 pages of documentation and detailing 66 reasons the DMMA is not entitled to Summary Judgment in this case. The Plaintiff also submits their Response to the DMMA’s Statement of Facts.
The Plaintiffs both provide their executed individual Declarations and receive confirmation they will each be deposed on March 6, 2019.
The case history, as cataloged by the Maricopa County Superior Court, Case Number CV2018-015165, Can be found at CV2018-015165 History
As Documentation becomes available as a matter of public record, the DMHOC will provide on this site. DMHOC also endeavors to protect DMMA Members that largely wish to remain private but takes no responsibility for individual member privacy should their identity become a matter of public record.
A DMMA Resident and Club Member with material information pertaining to the case is subpoenaed to appear on March 6, 2019 for deposition by the Plaintiff.
At 2pm, Kevin Pollock, Executive Director, is deposed by the Plaintiff.
Plaintiff submits First Supplemental Disclosure Statement, reserving the right to continually modify.
Plaintiff meets the Court’s February 22, 2019 Response to Motion for Summary Judgement made by DMMA. Additionally, the Plaintiff provides a Controverting Statement of Facts in Opposition of Defendant’s Motion for Summary Judgment totaling 406 pages of documentation and detailing 66 reasons the DMMA is not entitled to Summary Judgment in this case. The Plaintiff also submits their Response to the DMMA’s Statement of Facts.
Desert Mountain Homeowners Coalition 