¶1 After obtaining and executing a search warrant for appellant J. David Franklin, Sr. and his sole proprietorship, Hurricane Motors, the State of Arizona brought an action for forfeiture of certain property seized as a result of the search. Franklin then subsequently moved pursuant to A.R.S. § 13-3922 to controvert the grounds upon which the search warrant had been issued and to recover property he alleged had been seized... ... ... illegally. The state successfully moved to dismiss...  

¶1 This appeal by the defendant Tucson Heart Hospital — Carondelet, L.L.C., arises from a wrongful death action filed by Carol Salica, Louis Salica's widow. After a twelve-day trial, a jury found Tucson Heart and other parties had negligently caused Salica's death. The jury determined Tucson Heart was sixty percent responsible and found it liable for damages totaling $600,000.1 On appeal, Tucson Heart argues there was insufficient evidence that its negligence caused Salica's death...  

¶1 This is the third appeal stemming from a tax lien foreclosure and redemption of real property located in Pinal County. See generally Leveraged Land Co. v. Hodges (Hodges II), No. 2 CA-CV 2009-0057 (memorandum decision filed Sept. 24, 2009); Leveraged Land Co. v. Hodges (Hodges I), No. 2 CA-CV 2006-0210 (memorandum decision filed Aug. 8, 2007).1 After protracted litigation, the trial court granted summary judgment in favor of appellees Michael Hodges and David Cain and... ... ... quieted...  

¶1 In this wrongful death and survival action brought under state law and 42 U.S.C. § 1983, Jennifer Braillard (Braillard) sued Maricopa County (the County), Maricopa County Sheriff Joseph Arpaio, the Maricopa County Sheriff's Office (MCSO), and seven individual MCSO and County employees, for damages arising from the death of her mother, Deborah Braillard (Deborah)... ¶2 On appeal, Braillard argues the trial court erred in granting defendants' motions for summary judgment on her...  

¶1 On a petition for special action, the state asserts the Lake Havasu Consolidated Court (municipal court) erred in dismissing this driving under the influence (DUI) action against John Duncan Graham (defendant) and the Mohave County Superior Court erred in affirming dismissal. For the following reasons, we accept jurisdiction and grant the state relief... ¶2 The underlying facts are stipulated.1 At or around 3:25 a.m. on July 20, 2008, defendant was arrested by an officer of the...  

¶1 This appeal from denial of special action relief arises out of an attempt by George A. Hormel II and Jamie R. Hormel,... ... ... trustees of the George A. Hormel II Trust ("Taxpayer" or "the Trust") to enforce the payment of refunds based on reclassification of property known as the Wrigley Mansion ("the Property") during tax years 2001, 2002, and 2003 pursuant to Arizona Revised Statutes ("A.R.S.") section 42-16254 (Supp. 2009),1 the property tax error...  

¶1 The estate ("Estate") of Maddison Alexis DeSela ("Maddison") appeals from the superior court's dismissal of its claim for medical expenses for Maddison's personal injuries. Even though Maddison's mother hadassigned that claim to Maddison or the Estate before the statute of limitations had run on the claim and Maddison had filed a timely notice of claim, the court held the Estate's claim for those expenses was time-barred. We hold that because the claim was assigned...  

¶ 1 In this dissolution proceeding, David Ramsay ("Husband") appeals from the trial court's division of property and debt concerning real property located in Queen Creek,... ... ... Arizona, and Rocky Point, Mexico, as well as the division of community credit card debt and bank accounts. In addition, Husband appeals from the trial court's award of spousal maintenance to Victoria Wheeler-Ramsay ("Wife")... ¶ 2 We hold that real property acquired during the marriage does...  

¶ 1 In this appeal, we apply the Arizona Revised Statutes (A.R.S.) section 20-259.01 (Supp. 2009) provision requiring an insurer to extend a written notice offering uninsured motorist coverage to an insured in an amount equal to the insured's liability coverage. The superior court held that a recording of a telephone conversation concerning such coverage failed to satisfy the written notice requirement and granted summary judgment to the insured. We affirm... FACTS AND PROCEDURAL...  

¶1 Jason Beck, driving avehicle furnished by his parents, Barbara and Kenneth Beck (the "Becks"), was involved in a car accident resulting in serious injuries to Amy Young. The question presented here is whether the Becks are liable for... ... ... damages allegedly caused by their son's negligence based on the family purpose doctrine. For the following reasons, we hold that the Becks are liable for Jason's negligence, notwithstanding he drove the vehicle contrary toparental...  

¶1 This opinion addresses whether Plaintiff City of Chandler (the "City") is required, as the trial court found, to pay the costs of relocating its utility lines under a roadway... ... ... that had been dedicated to the public. The City challenges the entry of summary judgment in favor of Defendant Arizona Department of Transportation ("ADOT"). For the following reasons, we affirm the judgment of the trial court... BACKGROUND AND PROCEDURAL HISTORY... ¶2 The City owns...  

¶1 Raymond F. ("Father") appeals the juvenile court's order terminating his parental relationship with his daughters,... ... ... A.F. and M.F.1 We hold that there was sufficient evidence for the juvenile court to find that: 1) Father was unable to discharge his parental responsibilities because of his history of chronic drug abuse pursuant to Arizona Revised Statutes ("A.R.S.") section 8-533(B)(3) (Supp. 2008); and 2) termination of his parental rights is in the best...  

¶1 Over objection by appellants Mayer Unified School District and Gadsden Elementary School District ("Districts"), the superior court approved a settlement agreement ("settlement") between the Arizona State Land Department ("ASLD"), acting through its Commissioner1 and the Flood Control District of Maricopa County ("FCD"). Through the settlement, the ASLD and the FCD resolved their competing demands and claims concerning an easement over state trust land...  

¶1 Defendant Steve Ward appeals from the entry of partial summary judgment in favor of Plaintiff Taser International. He argues that partial summary judgment should be entered in his favor, or, alternatively, that issues of material fact preclude summary judgment in favor of Taser. For the following reasons, we reverse the entry of partial summary judgment, direct entry of summary judgment in part in favor of Ward, and remand for further proceedings... FACTS AND PROCEDURAL HISTORY......  

¶1 This appeal presents the question whether Arizona has specific personal jurisdiction over California nonresident Defendant Lake Mathews Mineral Properties, LTD ("LMMP") and several related individuals and entities living or acting in California (collectively "Nonresident Defendants"). LMMP entered into an agreement to have The Planning Group of Scottsdale, L.L.C. ("TPG") and Altair, L.L.C. ("Altair") (collectively "Plaintiffs"), both located in...  

¶1 Jack and Leigh Biltis ("Appellants") appeal from the For the following reasons, we affirm... ... ... BACKGROUND... ¶2 Appellants' home is located in the community of Saguaro Highlands. Appellants installed a swing set in the backyard of their lot allegedly in violation of the Declaration of Covenants, Conditions and Restrictions ("CC&Rs") because they failed to obtain prior approval from the Saguaro Highlands Community Association ("the Association"). After...  

¶1 During a routine oil change and service job, did Phoenix Lubrication Service, Inc., dba Jiffy Lube ("Jiffy Lube") owe Plaintiffs a duty to perform a safety inspection of the tires of Plaintiffs' vehicle and to warn of any dangerous tread... ... ... wear? We answer this question in the negative, and we therefore affirm summary judgment in favor of Jiffy Lube... BACKGROUND... ¶2 On October 30, 2004, Plaintiff Joseph Bryant Diaz ("Bryant") took the Volvo owned by his...  

¶1 Defendants-Appellants Hadi and Parisa Mahmoodi appeal from the superior court's summary judgment in favor of Plaintiff-Appellee Comerica Bank on its fraud claim. For the following reasons, we reverse and remand... Factual and Procedural Background... ¶2 This action arises out of a loan transaction between Comerica and Xeba, Inc., a private company started by Hadi Mahmoodi that sold computer systems. Hadi served as President and CEO of Xeba... ¶3 On November 26, 2002, Comerica...  

¶1 We today consider whether to recognize a tort of negligent or intentional third-party spoliation. Spoliation is the destruction or material alteration of evidence. When spoliation is committed by a party to a lawsuit, it is referred to as first-party spoliation; when committed by a non-party, it is called third-party spoliation... ¶2 We decline to recognize a tort of third-party negligent spoliation. We need not decide, however, whether to recognize a tort of third-party...  

¶1 This is a transaction privilege tax case. Brink's Home Security, Inc. ("Taxpayer") appeals the grant of summary judgment requiring it to pay municipal transaction privilege taxes on the revenue it receives from monitoring security systems installed in Phoenix and Peoria households. Finding no genuine dispute of material fact or legal error, we affirm the judgment... Facts and Procedural History... 1. Taxpayer's Business... ¶2 Taxpayer is a Delaware corporation in the...