“We live in what is widely perceived as a time of great increase in litigation and one in which many meritless cases are filed, vastly increasing the dockets before our trial judges.” (See Orme School v. Reeves (1990) 166 Ariz. 301, 304-05.)
“As a result, the courts of this country have been urged to liberalize the standards so as to permit summary judgment in a larger number of cases.” (See id.)
“The essence of the summary judgment rule is that the judgment sought shall be rendered forthwith if the pleadings, deposition, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (See Rule 56(c), Ariz.R.Civ.P., 16 A.R.S.; Orme School v. Reeves (1990) 166 Ariz. 301, 305.)
“Essentially, the rule was intended as an efficient instrumentality to expedite the business of the court by permitting the summary adjudication of meritless claims without the necessity of trial.” (See Orme School v. Reeves (1990) 166 Ariz. 301, 305.)
“Summary judgment allows the court to dispose of issues that are not in genuine dispute.”(See Morrell v. St. Luke's Medical Center (1976) 27 Ariz. App. 486, 490, 556 P.2d 334, 338; Wersch v. Radnor/Landgrant (1997) 192 Ariz. 99, 102.)
“Summary judgment procedure is not a catchpenny contrivance to take unwary litigants into its toils and deprive them of a trial, it is a liberal measure, liberally designed for arriving at the truth. Its purpose is not to cut litigants off from their right of trial by jury if they really have evidence which they will offer on a trial, it is to carefully test this out, in advance of trial by inquiring and determining whether such evidence exists.” (See Whitaker v. Coleman (1940) 115 F.2d 305, 307; Orme School v. Reeves (1990) 166 Ariz. 301, 305.)
“Clearly, summary judgment should be granted when the evidence presents no genuine issue of material fact.” (See Orme School v. Reeves (1990) 166 Ariz. 301, 305.)
“However, attempts to define and recognize a ‘genuine issue’ continue to cause confusion in our case law. Most Arizona cases have advocated a rather stringent standard for granting summary judgment, in accordance with our decision in Peterson v. Valley National Bank, which held that summary judgment . . . is not a substitute for a trial and litigants are entitled to the right of trial where there is the slightest doubt as to the facts." (See id.)
“Therefore, most courts have declined to grant summary judgment if either the facts are in dispute (or there is the slightest doubt that they are) or the evidence presented could lead ‘reasonable minds; to draw different inferences therefrom.” (See id; Webster v. Culbertson (1988) 158 Ariz. 159, 761 P.2d 1063.)
“We review de novo a grant of summary judgment, viewing the evidence and reasonable inferences in the light most favorable to the party opposing the motion.” (See La Borgata Apartments, L.L.C. v. Retreat at W. Point Multi-Family Ltd., No. 1 CA-CV 18-0763, at *3 (Ariz. Ct. App. Oct. 22, 2019).)
“Summary judgment is appropriate only if no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law.” (See id.)
“Thus, a court should grant summary judgment when the facts produced in support of the [opposing party's] claim or defense have so little probative value, given the quantum of evidence required, that reasonable people could not agree with the conclusion advanced by the proponent of the claim or defense." (See Orme Sch. v. Reeves (1990) 166 Ariz. 301, 309.)
“The Supreme Court held that a party moving for summary judgment need merely point out by specific reference to the relevant discovery that no evidence existed to support an essential element of the claim.” (See Celotex, 477 U.S. at 328, 106 S.Ct. at 2555; Orme School v. Reeves (1990) 166 Ariz. 301, 310.)
“Conclusory statements will not suffice, but the movant need not affirmatively establish the negative of the element.” (See id.)
“If the party with the burden of proof on the claim or defense cannot respond to the motion by showing that there is evidence creating a genuine issue of fact on the element in question, then the motion for summary judgment should be granted.” (See id.)
“When discovery has been completed and the proponent of a claim or defense is unable to produce evidence sufficient to send the claim or defense to the jury, it would effectively abrogate the summary judgment rule to hold that the motion should be denied simply on the speculation that some slight doubt (and few cases have complete certainty), some scintilla of evidence, or some dispute over irrelevant or immaterial facts might blossom into a real controversy in the midst of trial.” (See Orme School v. Reeves (1990) 166 Ariz. 301, 311.)
“The purpose of the summary judgment rule is to enable trial courts to rid the system of claims that are meritless and do not deserve to be tried.” (See Orme School v. Reeves (1990) 166 Ariz. 301, 311.)
It is well settled that “the motions for directed verdict and for summary judgment serve the same purpose of expediting the business of the court by removing meritless claims. Although the two motions occur at different times during the trial process, they share the underlying theory that there is no issue of fact and that the movant is entitled to judgment as a matter of law. Logically, then, the same standards should apply in determining whether to grant either motion” (See Orme School v. Reeves (1990) 166 Ariz. 301, 309.)
It is also well settled that Rule 12(b)(6) “allows a defending party to file a motion to dismiss because the complaint fails to state a claim upon which relief can be granted, and requires that the motion be filed before filing a responsive pleading. If the motion to dismiss presents matters outside the pleadings and the court considers them in its ruling, the court must treat it as a motion for summary judgment.” (See Ariz. R. Civ. P. 12(b); Waltner v. JPMorgan Chase Bank, N.A. (2013) 297 P.3d 176, 180.)
Feb 29, 2024
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Feb 28, 2024
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 18, 2024
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Jan 17, 2024
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
110 - Tort Non
Dec 20, 2023
01 - New Case
Superior
Maricopa County, AZ
140 - Appl/Rev
Dec 12, 2023
01 - New Case
Maricopa County Superior
Maricopa County, AZ
CV
Oct 25, 2023
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Oct 04, 2023
Judgment of Divorce,Annulment,Separation
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jul 19, 2023
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Family Court Without Children
Family
General Family
Jun 23, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jun 15, 2023
Other
Hon. O'Donnell-Smith, Colleen
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 31, 2023
Active
Hon. THOMAS KELLY
Yavapai County Superior
Yavapai County, AZ
CO
May 25, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 24, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 19, 2023
Other
Hon. O'Donnell-Smith, Colleen
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 17, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 05, 2023
Other
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
May 02, 2023
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
150-210 - Other
Apr 26, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Apr 25, 2023
33 - Joint Scheduling Order Signed
Superior
Maricopa County, AZ
130 - Contracts
Commercial
Breach of Contract
Apr 05, 2023
Other
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Apr 03, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Mar 24, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Mar 10, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Mar 02, 2023
Other
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Mar 02, 2023
Other
Hon. O'Donnell-Smith, Colleen
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Feb 24, 2023
Other
Maricopa County
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Family Court With Children
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General Family
Family Court With Children
Feb 22, 2023
Dismissal
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Family Court Without Children
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General Family
Feb 17, 2023
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Maricopa County
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Family Court With Children
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General Family
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Feb 03, 2023
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Maricopa County
Maricopa County, AZ
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General Family
Feb 02, 2023
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Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 27, 2023
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Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 19, 2023
Other
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 18, 2023
Other
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 12, 2023
Hon. O'Donnell-Smith, Colleen
Maricopa County
Maricopa County, AZ
Family Court With Children
Jan 04, 2023
Other
Hon. Knapp, James
Maricopa County
Maricopa County, AZ
Family Court With Children
Family
General Family
Jan 01, 2023
01 - New Case
Maricopa County Superior
Maricopa County, AZ
CV
Dec 30, 2022
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Superior
Maricopa County, AZ
110 - Tort Non
Dec 20, 2022
Judgment (Other)
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Maricopa County, AZ
Dec 15, 2022
20 - Arbitration
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Dec 14, 2022
33 - Joint Scheduling Order Signed
Superior
Maricopa County, AZ
150-210 - Other
Dec 01, 2022
Settlement
Coconino County Superior
Coconino County, AZ
CO
Nov 14, 2022
21 - Subject to ARB
Maricopa County Superior
Maricopa County, AZ
Nov 08, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Nov 01, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Oct 21, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
CV
Oct 20, 2022
21 - Subject to ARB
Maricopa County Superior
Maricopa County, AZ
CV
Oct 18, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Oct 14, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Oct 13, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Oct 04, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
CV
Sep 29, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Sep 28, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Sep 28, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
Sep 26, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
CV
Sep 23, 2022
Judgment (Other)
Maricopa County Superior
Maricopa County, AZ
Sep 23, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Sep 22, 2022
Dismissal
Pinal County Superior
Pinal County, AZ
Sep 16, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
CV
Sep 15, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Sep 14, 2022
Summary Judgment
Maricopa County Superior
Maricopa County, AZ
Sep 13, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Sep 12, 2022
01 - New Case
Maricopa County Superior
Maricopa County, AZ
CV
Sep 09, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
Sep 07, 2022
Settlement
Maricopa County Superior
Maricopa County, AZ
Aug 31, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Aug 30, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Aug 26, 2022
27 - ARB Reappoint
Maricopa County Superior
Maricopa County, AZ
CV
Aug 23, 2022
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
CV
Aug 22, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Aug 19, 2022
21 - Subject to ARB
Maricopa County Superior
Maricopa County, AZ
CV
Aug 18, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Aug 17, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Aug 15, 2022
80 - Commissioner Term
Maricopa County Superior
Maricopa County, AZ
Aug 11, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Aug 10, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Aug 09, 2022
Dismissal
Superior
Maricopa County, AZ
130 - Contracts
Commercial
Breach of Contract
Aug 09, 2022
Active
Mohave County Superior
Mohave County, AZ
RPI
Aug 09, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Aug 08, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
Aug 04, 2022
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
CV
Aug 03, 2022
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
CV
Jul 27, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Jul 26, 2022
20 - Arbitration
Maricopa County Superior
Maricopa County, AZ
Jul 26, 2022
Active
Pinal County Superior
Pinal County, AZ
CV
Jul 22, 2022
33 - Joint Scheduling Order Signed
Maricopa County Superior
Maricopa County, AZ
CV
Jul 20, 2022
Judgment (Other)
Maricopa County Superior
Maricopa County, AZ
Jul 20, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Jul 19, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
CV
Jul 15, 2022
Settlement
Maricopa County Superior
Maricopa County, AZ
Jul 14, 2022
Dismissal
Pinal County
Pinal County, AZ
Jul 14, 2022
22 - Not Subject to ARB - 22
Maricopa County Superior
Maricopa County, AZ
Jul 14, 2022
Active
Hon. HONORABLE CHRISTOPHER J ONEIL
Pinal County Superior
Pinal County, AZ
CV
Jul 13, 2022
Yuma County
Yuma County, AZ
Jul 13, 2022
Dismissal
Maricopa County Superior
Maricopa County, AZ
Jul 13, 2022
Judgment (Other)
Maricopa County Superior
Maricopa County, AZ
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