AZAPP RSS FeedAZAPP BLOG Articles en-us http://www.azapp.com/ Sat, 31 Jul 2010 10:45:11 EDT Sat, 31 Jul 2010 10:45:11 EDT 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. http://www.azapp.com/post-1847.html Evidence of Subsequent Remedial Measures Is Not Admissible to Rebut Defense of Comparative Negligence http://www.azapp.com/post-1846.html When a Party Improperly Names a Non-Jural Entity, but Properly Serves the Associated Jural Entity, Dismissal is Not Warranted. http://www.azapp.com/post-1845.html 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 http://www.azapp.com/post-1844.html Physicians Making Rule 113(B) Determinations of Impairment For Workers' Compensation Should Use the AMA Guide Then In Effect http://www.azapp.com/post-1843.html 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. http://www.azapp.com/post-1842.html 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. http://www.azapp.com/post-1841.html 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 Effect http://www.azapp.com/post-1840.html 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. http://www.azapp.com/post-1839.html 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 http://www.azapp.com/post-1838.html 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. http://www.azapp.com/post-1837.html 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 . http://www.azapp.com/post-1836.html 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 Ex http://www.azapp.com/post-1835.html Defendants Have the Burden to Apportion Damages Among Themselves When the Plaintiff Proves That Each Contributed to the Final Injury. http://www.azapp.com/post-1834.html 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 Ge http://www.azapp.com/post-1833.html (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 Attorn http://www.azapp.com/post-1832.html Expert Witness Testifying in Sexually Violent Person Civil Commitment Proceeding May Rely on Hearsay Evidence of Sexual Assault for Which Defendant Was Never Prosecuted. http://www.azapp.com/post-1831.html A.R.S. § 12-820.03 Does Not Include a “State of the Art” Standard for Establishing Qualified Immunity. http://www.azapp.com/post-1830.html Statements Made by a Witness in Private Arbitration Are Protected by the Absolute Privilege Afforded to Participants in Judicial Proceedings. http://www.azapp.com/post-1829.html Definition of “Romantic Cohabitation,” As Used in Spousal Maintenance Agreement, Includes a “Physical Living Together.” http://www.azapp.com/post-1828.html 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. http://www.azapp.com/post-1827.html 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. http://www.azapp.com/post-1826.html (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 M http://www.azapp.com/post-1825.html 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. http://www.azapp.com/post-1824.html Parties May Prove Facts by Statistical Sampling and Extrapolation in an Appropriate Case with Adequate Safeguards of Reliability. http://www.azapp.com/post-1823.html School Districts are Barred From Challenging the Constitutionality of the State Land Commissioner’s Decision to Honor an Easement Granted Without Compensation. http://www.azapp.com/post-1822.html Electronic Recording of a Telephone Conversation Does Not Comply with the “Written Notice” Requirement in A.R.S. § 20-259.01. http://www.azapp.com/post-1821.html 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. http://www.azapp.com/post-1820.html Employee May Prepare to Compete Against Employer Without Breaching Fiduciary Duty of Loyalty. http://www.azapp.com/post-1819.html Third Party May Not Be Held Liable For the Negligent Spoliation of Evidence http://www.azapp.com/post-1818.html 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. http://www.azapp.com/post-1817.html Defendant’s Limited Undertaking of Performing an Oil Change With Tire Pressure Check Did Not Create a Duty to Inspect Tires for Worn Tread. http://www.azapp.com/post-1816.html 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. http://www.azapp.com/post-1815.html 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). http://www.azapp.com/post-1814.html 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. http://www.azapp.com/post-1813.html Arbitration Clause in CC&Rs Does Not Apply When a Homeowner Fails to Obtain Proper Approval for a Structure. http://www.azapp.com/post-1812.html 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. http://www.azapp.com/post-1811.html 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. http://www.azapp.com/post-1810.html 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. http://www.azapp.com/post-1809.html 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. http://www.azapp.com/post-1808.html Arizona Revised Statutes Section 25-320(B) Does Not Require a Party to Separately Request Retroactive Child Support http://www.azapp.com/post-1807.html 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. http://www.azapp.com/post-1806.html Corporation That Does Not Appear in Court Through Counsel Effectively Does Not Appear at All. http://www.azapp.com/post-1805.html 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 http://www.azapp.com/post-1804.html 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. http://www.azapp.com/post-1803.html 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 http://www.azapp.com/post-1802.html 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. http://www.azapp.com/post-1801.html 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 http://www.azapp.com/post-1800.html 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). http://www.azapp.com/post-1799.html 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. http://www.azapp.com/post-1798.html