Gonzalez et al v. Artspace Affordable Housing et al

Filing 121

MEMORANDUM DECISION GRANTING 99 Motion to Dismiss; FINDING AS MOOT 99 Motion for Summary Judgment. Signed by Magistrate Judge Evelyn J. Furse on 1/29/2015. (Attachments: # 1 Exhibit 1 - 3rd District Court - West Jordan Minutes, # 2 Exhibit 2 - 3rd District Court - West Jordan Eviction)(lnp)

3RD DIST. COURT - WEST JORDAN
SALT LAKE COUNTY, STATE OF UTAH
ART SPACE AFFORDABLE HOUSING vs. ANARCHY ARTS LLC
CASE NUMBER 080411274 Eviction
________________________________________________________________________________
CURRENT ASSIGNED JUDGE
KARA PETTIT
PARTIES
Plaintiff - ART SPACE AFFORDABLE HOUSING
Represented by: KIRK A CULLIMORE
Defendant - ANARCHY ARTS LLC
Represented by: BRIAN W STEFFENSEN
Doing Business As - CUP OF JOE
ACCOUNT SUMMARY
TOTAL REVENUE

Amount Due:
275.00
Amount Paid:
275.00
Credit:
0.00
Balance:
0.00
BAIL/CASH BONDS
Posted:
19,110.00
Forfeited:
0.00
Refunded:
19,110.00
Balance:
0.00
TRUST TOTALS
Trust Due:
19,110.00
Amount Paid:
19,110.00
Credit:
0.00
Trust Balance Due:
0.00
Balance Payable:
0.00
REVENUE DETAIL - TYPE: COMPLAINT 2K-10K
Amount Due:
95.00
Amount Paid:
95.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: CERTIFIED COPIES
Amount Due:
1.00
Amount Paid:
1.00
Amount Credit:
0.00
Balance:
0.00

Printed: 01/29/15 18:15:43

Page 1 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
REVENUE DETAIL - TYPE: CERTIFICATION
Amount Due:
4.00
Amount Paid:
4.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: COMPLAINT - NO AMT S
Amount Due:
60.00
Amount Paid:
60.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: CERTIFIED COPIES
Amount Due:
3.00
Amount Paid:
3.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: CERTIFICATION
Amount Due:
4.00
Amount Paid:
4.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due:
10.00
Amount Paid:
10.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due:
0.50
Amount Paid:
0.50
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: WRIT OF EXECUTION
Amount Due:
35.00
Amount Paid:
35.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: WRIT OF EXECUTION
Amount Due:
50.00
Amount Paid:
50.00
Amount Credit:
0.00

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Page 2 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Balance:
0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due:
12.50
Amount Paid:
12.50
Amount Credit:
0.00
Balance:
0.00
BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil,
Posted By: KIRK A CULLIMORE
Posted:
9,555.00
Forfeited:
0.00
Refunded:
9,555.00
Balance:
0.00
BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil,
Posted By: CUP OF JOE
Posted:
0.00
Forfeited:
0.00
Refunded:
0.00
Balance:
0.00
BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil,
Posted By: KENT L FILLMORE
Posted:
2,000.00
Forfeited:
0.00
Refunded:
2,000.00
Balance:
0.00
BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil,
Posted By: KENT L FILLMORE
Posted:
5,300.00
Forfeited:
0.00
Refunded:
5,300.00
Balance:
0.00
BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil,
Posted By: KENT L FILLMORE
Posted:
2,255.00
Forfeited:
0.00
Refunded:
2,255.00
Balance:
0.00
TRUST DETAIL
Trust Description: Bail/Bond Refund
Recipient: KENT L FILLMORE

Printed: 01/29/15 18:15:43

Misc.

Misc.

Misc.

Misc.

Misc.

Page 3 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Amount Due:
Paid In:
Paid Out:
TRUST DETAIL
Trust Description:
Recipient:
Amount Due:
Paid In:
Paid Out:
TRUST DETAIL
Trust Description:
Recipient:
Amount Due:
Paid In:
Paid Out:
TRUST DETAIL
Trust Description:
Recipient:
Amount Due:
Paid In:
Paid Out:

9,555.00
9,555.00
9,555.00
Bail/Bond Refund
KIRK A CULLIMORE
2,000.00
2,000.00
2,000.00
Bail/Bond Refund
KIRK A CULLIMORE
5,300.00
5,300.00
5,300.00
Bail/Bond Refund
KIRK A CULLIMORE
2,255.00
2,255.00
2,255.00

CASE NOTE
PROCEEDINGS
06-20-08 Filed: Complaint
06-25-08 Filed: Answer (Anarchy Arts LLC)
ANARCHY ARTS LLC
06-26-08
06-26-08
06-26-08
06-26-08
06-26-08
06-26-08

Judge TERRY CHRISTIANSEN assigned.
Filed: Lease Agreement
Filed: Letter from Evergreene Management
Filed: Complaint 2K-10K
Fee Account created
Total Due:
95.00
COMPLAINT 2K-10K
Payment Received:
95.00
Note: Code Description: COMPLAINT 2K-10K
06-26-08 Filed: Three Day Notice to Pay or Vacate
06-26-08 Filed: Judgment and Order (not Signed)
06-27-08 Filed return: Summons & Complaint, served Tiffany Neve, Manager

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Page 4 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Party Served: ANARCHY ARTS LLC
Service Type: Personal
Service Date: June 22, 2008
06-27-08 Filed: Affidavit of Attys Fees & Costs
06-27-08 Filed: Motion for an Order of Restitution
Filed by: CULLIMORE, KIRK A
06-27-08 Filed: Default Certificate
06-27-08 Note: **** File to Judge ****
06-27-08 Filed: Default
07-02-08 Judgment Entered - Amount $11868.26
07-02-08 Filed judgment: Default Judgment @J
Judge ROBERT ADKINS
Signed July 01, 2008
07-02-08 Case Disposition is Judgment
Disposition Judge is TERRY CHRISTIANSEN
07-02-08 Issued: Order of Restitution
Judge ROBERT ADKINS
07-02-08 Note: **** Cullimore's box ****
07-02-08 Case Disposition is Set aside/Withdrawn
Disposition Judge is TERRY CHRISTIANSEN
07-03-08 Filed: Notice of Judgment
07-03-08 Note: Default Judgment, Order of Restitution is set aside on
court's motion (answer received 06-25-08). ATP notified
via phone.
07-03-08 Judgment #1 Modified $ 11868.26 Disposition: Set aside
07-03-08 Fee Account created
Total Due:
1.00
07-03-08 Fee Account created
Total Due:
4.00
07-03-08 CERTIFIED COPIES
Payment Received:
1.00
Note: 20.00 cash tendered.
15 change given.
07-03-08 CERTIFICATION
Payment Received:
4.00
07-07-08 Filed: Notice of Immediate Occupancy
07-07-08 Notice - NOTICE for Case 080411274 ID 11513958
IMMEDIATE OCCUPANCY is scheduled.
Date: 07/15/2008
Time: 08:30 a.m.
Location: WJ Courtroom 33
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088

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Page 5 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Before Judge: STEPHEN ROTH
07-07-08 IMMEDIATE OCCUPANCY scheduled on July 15, 2008 at 08:30 AM in
WJ Courtroom 33 with Judge ROTH.
07-08-08 Filed: Notice of Evidentiary Hearing
07-11-08 IMMEDIATE OCCUPANCY rescheduled on July 15, 2008 at 08:30 AM
Reason: Correct calendar.
07-14-08 Filed: Complaint
No Amount
07-14-08 Fee Account created
Total Due:
60.00
07-14-08 COMPLAINT - NO AMT S
Payment Received:
60.00
Note: Code Description: COMPLAINT - NO AMT S
07-15-08 Filed: Minutes Immediate Occupancy
07-15-08 Filed: Notice of Appearance
07-15-08 Filed: Motion to Quash Summons
Filed by: FILLMORE, KENT L
07-17-08 Filed: Motion to Set Plaintiff's Possession Bond
Filed by: CULLIMORE, KIRK A
07-21-08 Filed: Notice of Pretrial Conference
07-21-08 PRETRIAL CONFERENCE scheduled on August 04, 2008 at 08:30 AM in
WJ Courtroom 37 with Judge CHRISTIANSEN.
07-21-08 Notice - NOTICE for Case 080411274 ID 11529543
PRETRIAL CONFERENCE is scheduled.
Date: 08/04/2008
Time: 08:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
07-22-08 Filed order: Order Setting Possession Bond amount at $9555.00
Judge TERRY CHRISTIANSEN
Signed July 21, 2008
07-22-08 Filed: Defendant's copy of "Notice of Immediate Occupancy"
notice returned by mail. undeliverable.
07-22-08 Filed: Notice of Filing of a Possession Bond
07-22-08 Bond Account created
Total Due:
9555.00
07-22-08 Bond Posted
Payment Received:
9,555.00
07-25-08 Bond Account created
Total Due:
2000.00
07-25-08 Bond Posted
Payment Received:
2,000.00
07-25-08 Bond Posted
Payment Reversal:
-2,000.00

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Page 6 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Note: The Counter bond was not enough money, reversed the
money and returned to Attorney for Deft. Will not reenter.
07-25-08 Filed: Notice of Hearing
07-25-08 Filed: Notice of Hearing
07-28-08 Filed: ExParte Motion for an Order of Restitution
07-29-08 Filed return: Return "Notice of Filing of Possession Bond"
Party Served: CUP OF JOE (Sean-employee)
Service Type: Personal
Service Date: July 22, 2008
07-29-08 Filed: Memorandum in Opposition to Defendants Motion to Quash
Summons
07-29-08 Filed: Motion for Order of Restitution
Filed by: CULLIMORE, KIRK A
07-29-08 Filed: Notice of Filing of a Possession Bond
07-31-08 Filed: Motion and Memorandum to set aside Order of Restitution
Filed by: FILLMORE, KENT L
07-31-08 Filed: Affidavit in Support of Motion to Set Aside / Order of
Restitution
07-31-08 Bond Account created
Total Due:
07-31-08 Bond Account created
Total Due:
2000.00
07-31-08 Bond Posted
Payment Received:
2,000.00
07-31-08 Bond Account created
Total Due:
5300.00
07-31-08 Bond Posted
Payment Received:
5,300.00
07-31-08 Bond Account created
Total Due:
2255.00
07-31-08 Bond Posted
Payment Received:
2,255.00
08-01-08 Filed: Affidavit in support of Motion to Set aside Order of
Restitution
08-04-08 Note: Submitted: Order to Set Aside Order of Restitution
08-04-08 MOTION TO SET ASIDE RESTITUTI scheduled on August 19, 2008 at
08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN.
08-04-08 Minute Entry - Minutes for Pretrial Conference
Judge:
TERRY CHRISTIANSEN
Clerk:
mindyg
PRESENT
Plaintiff's Attorney(s): DEREK J BARCLAY
Defendant's Attorney(s): KENT L FILLMORE
Audio
Tape Number:
8112
Tape Count: 1025

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Page 7 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
__________________________________________________________________
HEARING
TAPE: 8112
COUNT: 1025
On record, Defts Motion to Quash is denied and deft to file an
amended answer by 8-11-08. Case set for Motion to Set Aside the
Order of Restitution
MOTION TO SET ASIDE RESTITUTI is scheduled.
Date: 08/19/2008
Time: 08:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
08-04-08 Filed: Preliminary Hearing Notice
08-04-08 Filed: Pretrial Conference Minutes
08-08-08 Filed: Affidavit of Kris Montoya
08-08-08 Filed: Memorandum in Opposition to Defendants Motion to Set
Aside Order of Restitution
08-08-08 Filed: Affidavit of Derek Barclay
08-08-08 Fee Account created
Total Due:
3.00
08-08-08 Fee Account created
Total Due:
4.00
08-08-08 CERTIFIED COPIES
Payment Received:
3.00
08-08-08 CERTIFICATION
Payment Received:
4.00
08-08-08 Filed: Certificate of Mailing
08-11-08 Filed: Amended Answer and Counterclaim
08-11-08 Filed: Affidavit in Support of Amended Answer and Counterclaim
08-19-08 Filed order: Order to Return Bond is granted
Judge TERRY CHRISTIANSEN
Signed August 22, 2008
08-19-08 Minute Entry - Minutes for MOTION TO SET ASIDE RESTITUT
Judge:
TERRY CHRISTIANSEN
Clerk:
mindyg
PRESENT
Plaintiff's Attorney(s): DEREK J BARCLAY
Other Parties: KENT L FILLMORE
Audio

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Page 8 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Tape Number:

8113

Tape Count: 1037

__________________________________________________________________
HEARING
TAPE: 8113
COUNT: 1037
On record, Def argument on motion to set aside writ of restitution
COUNT: 1044
Pla argument
COUNT: 1124
Pla wit #1 Kim Muir sworn and DEX
COUNT: 1126
Def XEX
COUNT: 1127
Def argument
COUNT: 1129
Pla argument
COUNT: 1133
Court denies defts motion to set aside the writ of restitution
COUNT: 1135
Court orders posted bond to be returned to the defts. Pla to
prepare order of court hearing
08-19-08 Issued: Minutes Motion to Set Aside Restitution
Judge TERRY CHRISTIANSEN
08-21-08 Filed: Affidavit in SUpport of Motion for Summary Judgment
08-21-08 Filed: Certifiacte of Service
08-21-08 Filed: Memorandum in Support of Motion for Summary Judgment
08-21-08 Filed: Motion for Summary Judgment
Filed by: CULLIMORE, KIRK A
08-22-08 Note: File to Judge
08-25-08 Note: File to Annette
08-26-08 Filed: Plaintiff Art Space Affordable Housing, LP's Answer to
Defendants Counterclaim
08-26-08 Filed: Plaintiffs Objection to Defendants Counterclaim
08-27-08 Trust Account created
Total Due:
9555.00
08-27-08 Bond Transfer/Refund
Payment Received:
-9,555.00
08-27-08 Bail/Bond Refund
Payment Received:
9,555.00
08-27-08 Bail/Bond Refund Check #
11274 Trust Payout:
9,555.00

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Page 9 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
08-27-08 Note: bail/bond refund back to Annette per request
08-29-08 Note: Deft. did not show up to pick up check so I mailed check
#11274 for $9555.00 to Kent Fillmore on this date.
09-08-08 Note: File to Judge
09-09-08 Filed order: Defendants Motion to Set Aside Order of
Restitution is denied. The $9,555.00 posted by Defendant is to
be returned to Defendant
Judge TERRY CHRISTIANSEN
Signed September 09, 2008
09-10-08 Filed: Request to Submit for Decision (Summary Judgement)
09-10-08 Filed: Attorney Fees Affidavit and Affidavit of Costs
09-10-08 Filed: Motion and Memo for Enlargement of Time for Response to
Motion for Summary Judgment
Filed by: FILLMORE, KENT L
09-24-08 Note: File to Judge
09-24-08 Filed: Matter before the Court. Judgement.
09-24-08 Filed: Memorandum in opposition to Defendnt's Motion for
enlargement of time from Plaintiff
09-24-08 Filed: Affidavit of Derek J Barclay
09-24-08 Filed: Affidavit of Kirk A Cullimore
09-25-08 Filed: Action Sheet
09-25-08 Filed: Action Sheet
09-29-08 MO FOR JUDGMENT/MO FOR EXTE scheduled on October 14, 2008 at
08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN.
09-29-08 Notice - NOTICE for Case 080411274 ID 11621021
MO FOR JUDGMENT/MO FOR EXTE is scheduled.
Date: 10/14/2008
Time: 08:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
09-29-08 Filed: Minutes for (September 29, 2008)
10-14-08 Minute Entry - Minutes for MO FOR JUDGMENT/MOT FOR EXTE
Judge:
TERRY CHRISTIANSEN
Clerk:
mindyg
PRESENT
Plaintiff's Attorney(s): DEREK J BARCLAY

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Page 10 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Defendant's Attorney(s): KENT L FILLMORE
Audio
Tape Number:
8172
Tape Count: 900
__________________________________________________________________
HEARING
TAPE: 8172
COUNT: 900
On record, Def requests extension to respond to motion for
judgment. Court grants def counsel 1 week to respond. 10-21-08 by
5:00 p.m.
10-14-08 Filed: Minutes (October 14.2008)
10-15-08 Filed: Motion to Release Bond
Filed by: CULLIMORE, KIRK A
10-16-08 Note: File to Judge
10-17-08 Minute Entry - ORDER
Judge: TERRY CHRISTIANSEN
Order not signed. Motion to Release Bond denied until after the
case is final.

Date: ____________________

______________________________
Judge TERRY CHRISTIANSEN

10-17-08 Filed: Order Releasing Bond not signed
10-21-08 Minute Entry - ORDER
Judge: TERRY CHRISTIANSEN
Judgment amount on the Corrected Judgment is different from the
original Judgment. Order for Corrected Judgment is for the SSN
only. The Corrected Judgment needs to be changed so the only
difference is the SSN.

Date: ____________________

Printed: 01/29/15 18:15:43

______________________________
Judge TERRY CHRISTIANSEN

Page 11 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
10-22-08 Filed: Plaintiffs Second Request to Submit for Decision Motion
for Summary Judgment
10-22-08 Filed: Action Sheet Notice to Submit (Summary Judgment)
10-22-08 Filed: Response and Morandum to Motion for Summary Judgement
10-22-08 Filed: Affidavit in Support of Response to Motion and
Memorandum for Summary Judgement
10-22-08 Filed: Response and Memorandum to Motion for Summary Judgment
10-28-08 Filed: Memorandum in Support of Plaintiffs Motion to Strike
Defendants Response to Plaintiffs Motion for Summary Judgment
or in the Alternative Plaintiffs Reply to Defendants Response
to Plaintiffs Motion for Summary Judgment
10-28-08 Filed: Motion to Strike Defendants Response to Plaintiffs
Motion for Summary Judgment or in the Alternative Plaintiffs
Reply to Plaintiffs Motion for Summary Judgment
Filed by: CULLIMORE, KIRK A
11-03-08 Note: File to Judge
11-14-08 Filed: Defendants Response to Plaintiffs Motion to Strike
Defendants Response to Plaintiffs Motion for Summary Judgment
in the Alternative Defendants Response to Plaintiffs Reply to
Defendants Response to Plaintiffs Motion for Summary Judgment
11-14-08 Filed: Affidavit of Kent Fillmore
11-14-08 Filed: Affidavit of Sean Christopher Andre Armstrong
11-17-08 Filed: Minute Entry (11/17/2008)
11-19-08 Fee Account created
Total Due:
10.00
11-19-08 AUDIO TAPE COPY
Payment Received:
10.00
11-20-08 Note: CD requested for hearing of 10-14-08 by Kent Fillmore is
ready for pickup
12-08-08 Filed: Motion to Release Bond
Filed by: CULLIMORE, KIRK A
12-09-08 Note: File to Judge
12-09-08 Filed: Attorney Fees Affidavit and Affidavit of Costs
12-10-08 Filed judgment: Summary Judgment @J (Judgement and Order)
Judge TERRY CHRISTIANSEN
Signed December 10, 2008
12-10-08 Filed order: Release bond to Plaintiffs attorney $9,555.00
Judge TERRY CHRISTIANSEN
Signed December 10, 2008
12-10-08 Judgment #2 Entered $ 43472.84
Debtor:
CUP OF JOE

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Page 12 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________

12-10-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
12-15-08
01-15-09
01-15-09
01-15-09
01-15-09
01-15-09
01-15-09
01-20-09

01-21-09
01-21-09
01-30-09
01-30-09

Debtor:
ANARCHY ARTS LLC
Creditor: ART SPACE AFFORDABLE HOUSING
43,472.84 Total Judgment
43,472.84 Judgment Grand Total
Case Disposition is Judgment
Disposition Judge is TERRY CHRISTIANSEN
Trust Account created
Total Due:
2000.00
Bond Transfer/Refund
Payment Received:
-2,000.00
Bail/Bond Refund
Payment Received:
2,000.00
Trust Account created
Total Due:
2255.00
Bond Transfer/Refund
Payment Received:
-2,255.00
Bail/Bond Refund
Payment Received:
2,255.00
Trust Account created
Total Due:
5300.00
Bond Transfer/Refund
Payment Received:
-5,300.00
Bail/Bond Refund
Payment Received:
5,300.00
Bail/Bond Refund Check #
35092 Trust Payout:
2,000.00
Bail/Bond Refund Check #
35092 Trust Payout:
2,255.00
Bail/Bond Refund Check #
35092 Trust Payout:
5,300.00
Note: RESTITUTION CHECK MAILED
Fee Account created
Total Due:
0.50
COPY FEE
Payment Received:
0.50
Note: 5.00 cash tendered.
4.5 change given.
Filed: Appearance of Counsel of Brian W Steffensen for
Defendant Anarchy Arts dba Cup of Joe
Filed: Memorandum in Support of Motion to Set Aside Judgment
and for Sanctions
Filed: Motion to Set Aside Judgment and for Sanctions
Filed by: STEFFENSEN, BRIAN W
Filed: Memorandum in Support of Motion to Set Aside Judgement
and for Sanctions
Filed: Motion to Quash Service of Writ of Restitution ond Order
of Possession
Filed by: STEFFENSEN, BRIAN W
Filed: Memorandum in opposition to Defendant's Motion to set
aside judgment
Filed: Memorandum in Support of Defendant's Motion to Quash
Service of Writ of Restitution and Order of Possession
Filed: Withdrawl of Counsel by Kent L. Fillmore.
Filed: Withdrawl of Counsel by Kent L Fillmore

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Page 13 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
02-03-09 Filed: Reply Memorandum in Support of Motion to Set aside
Judgment and for Sanctions
02-03-09 Filed: Defendant's Motion for Enlargement of Time to Object to
Plaintiff's Proposed Order
Filed by: STEFFENSEN, BRIAN W
02-03-09 Filed: Reply Memorandum in Support of Motion to Set Aside
Judgment and For Sanctions
02-05-09 Filed: Memorandum in opposition to Defendant's Motion to quash
service of Writ of Restitution and Order of Possession
02-12-09 Filed: Application for Continuing Garnishment
02-20-09 Issued: Writ of Execution
02-20-09 Fee Account created
Total Due:
35.00
02-20-09 WRIT OF EXECUTION
Payment Received:
35.00
Note: Code Description: WRIT OF EXECUTION
05-28-09 Note: Submitted: Order
06-01-09 Filed order: Order to strike defendants response to plaintiffs
motion for summary judgment is granted
Judge TERRY CHRISTIANSEN
Signed June 01, 2009
06-02-09 ALL PENDING MOTIONS scheduled on July 06, 2009 at 08:30 AM in
WJ Courtroom 37 with Judge CHRISTIANSEN.
06-02-09 Notice - NOTICE for Case 080411274 ID 12172656
ALL PENDING MOTIONS is scheduled.
Date: 07/06/2009
Time: 08:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
07-06-09 Minute Entry - Minutes for ALL PENDING MOTIONS
Judge:
TERRY CHRISTIANSEN
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): DEREK J BARCLAY
Defendant's Attorney(s): BRIAN W STEFFENSEN
Audio
__________________________________________________________________

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Page 14 of 23

CASE NUMBER 080411274 Eviction
________________________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 915
On record-ATD argues
COUNT: 921
ATP responds
COUNT: 925
ATD argues
COUNT: 925
ATP responds. Case is taken under advisement.
07-30-09 Filed order: Ruling and Order
Judge TERRY CHRISTIANSEN
Signed July 30, 2009
07-31-09 Minute Entry - RULING AND ORDER
Judge: TERRY CHRISTIANSEN
Ruling and order by Judge Christiansen All Motions are denied.
(mailed cooy to Attorneys)
08-04-09 Issued: Writ of Execution
08-04-09 Fee Account created
Total Due:
50.00
08-04-09 WRIT OF EXECUTION
Payment Received:
50.00
Note: Code Description: WRIT OF EXECUTION
08-05-09 Filed: App for Writ of Execution
08-17-09 Filed: Request for hearing
08-17-09 Filed: Certificate of mailing
08-20-09 WRIT OF EXEC HEARING scheduled on August 31, 2009 at 08:30 AM
in WJ Courtroom 37 with Judge CHRISTIANSEN.
08-20-09 Notice - NOTICE for Case 080411274 ID 12352663
WRIT OF EXEC HEARING is scheduled.
Date: 08/31/2009
Time: 08:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
08-28-09 Filed: Defendant's suplemental Memorandum in Support of its
Objection to Writ of Execution
08-31-09 Minute Entry - Minutes for HEARING ON WRIT EXECUTION
Judge:
ROYAL I HANSEN

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): KIRK A CULLIMORE
Defendant's Attorney(s): BRIAN W STEFFENSEN
Audio
__________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 912
On record-Mr. Steffensen presents testimony
COUNT: 915
Mr. Cullimore argues.
COUNT: 919
Mr. Steffensen rebuts
COUNT: 919
Mr. Cullimore redirects.
COUNT: 920
Mr. Steffensen argues.
COUNT: 929
Mr. Cullimore rebuts.
COUNT: 934
Mr. Steffensen redirects. Court orders an Evidentiary Hearing be
set on 09-28-09 at 9:30 a.m. Attorneys noticed in open court.
Attorneys to provide responses by 09-14-09.
EVIDENTIARY HEARING is scheduled.
Date: 09/28/2009
Time: 09:30 a.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
08-31-09 EVIDENTIARY HEARING scheduled on September 28, 2009 at 09:30 AM
in WJ Courtroom 37 with Judge CHRISTIANSEN.
08-31-09 Filed: Affidavit of Derek J. Barclay
09-15-09 Filed: Courtesy Copies (exhibit)
09-15-09 Filed: Plaintiff's Memorandum in Opposition to Defendant's

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Memorandum in Support of Its Objection to Writ of Execution
09-15-09 Filed: Exhibit A
09-23-09 Filed: Notice of URCP 30B6 Deposition of Art Space Affordable
Housing LP
09-25-09 Filed: Defendant's Memorandum in Reply to Plaintiff's
Opposition / Response to Defendant's Supplemental Memorandum in
Support of it's Objection to Writ of Execution
09-25-09 Filed: Defendant's Memorandum in Reply to Plaintiff's
Opposition/Response to Defendant's Supplemental Memorandum in
Support of its Objection to Writ of Execution.
09-28-09 Filed: Minutes Evidentiary Hearing (September 28, 2009)
09-28-09 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge:
TERRY CHRISTIANSEN
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): KIRK A CULLIMORE
Defendant's Attorney(s): BRIAN W STEFFENSEN
Audio
__________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 1141
On record-Court orders the hearing continued to 11-10-09 at 1:30
p.m.. ATP has until 10-13-09 to file his responsive pleadings and
ATD will have until 10-23-09 to respond. Each side to provide
Affidavits of Testimony for any witnesses that will be
testifying. Witnesses will also need to be present for cross
examination at the hearing. A deposition will take place on
10-14-09 at 10:00 a.m.
EVIDENTIARY, ETC. HEARING is scheduled.
Date: 11/10/2009
Time: 01:30 p.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
09-28-09 EVIDENTIARY, ETC. HEARING scheduled on November 10, 2009 at
01:30 PM in WJ Courtroom 37 with Judge CHRISTIANSEN.
10-15-09 Filed: Plaintiff's Second Memorandum in Opposition to
Defendant's Memorandum in Support of Its Objection to Writ of
Execution.
10-28-09 Filed: Declaration of Kristy Gonzalez
10-28-09 Filed: Defendant's reply to plaintiff's second memorandum in
opposition to defendant's supplemental memorandum in support of
its objection to writ of execution
10-30-09 Filed: Plaintiff's Reply to Defendant's Repy to Plaintiff's
Second Memorandum in Opposition to Defendant's Memorandum in
Support of its objection to Writ of Execution
11-10-09 Filed: Supplemental declaration of Kristy Gonzalez
11-10-09 Filed: Minutes Evidentiary Hearing
11-10-09 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge:
TERRY CHRISTIANSEN
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): KIRK A CULLIMORE
Defendant's Attorney(s): BRIAN W STEFFENSEN
Audio
__________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 140
On record-This case is on for an Evidentiary Hearing.
COUNT: 141
Mr. Steffensen argues.
COUNT: 148
Mr. Cullimore responds. Court is in recess to allow Mr. Cullimore
to review pleadings.
COUNT: 202
Parties stipulate to a continuance to allow attorneys more time to
review pleadings. Mr. Cullimore is given until 11-18-09 at 5:00
p.m. to respond (via fax and filing). Mr. Steffensen is given
until 11-25-09 at 5:00 p.m. to respond (via fax and filing).
Hearing is set for 12-04-09 at 9:30 a.m. Parties are noticed in

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
open court.
11-10-09 EVIDENTIARY HEARING scheduled on December 04, 2009 at 09:30 AM
in WJ Courtroom 37 with Judge CHRISTIANSEN.
11-19-09 Filed: Plaintiff's Supplemental Reply to Defendant's Reply to
Plaintiff's Second Memorandum in Opposition to Defendant's
Memorandum Opposition to Defendant's Memorandum in Support of
its Objection to Writ of Execution
12-01-09 Filed: Defendant's Final Reply Memorandum in Support of Its
Objection to Writ of Execution
12-01-09 Filed: Defendant's Final Reply Memorandum in Support of Its
Objection to Writ of Execution (Exhibits to this doucument)
12-02-09 EVIDENTIARY HEARING rescheduled on December 04, 2009 at 10:30
AM
Reason: Stipulation of parties.
12-04-09 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge:
TERRY CHRISTIANSEN
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): KIRK A CULLIMORE
Defendant's Attorney(s): BRIAN W STEFFENSEN
Audio
__________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 1035
On record-This matter came on for an Evidentiary Hearing. Mr.
Steffensen argues. The Deposition of Mr. Wood is accepted by
Court.
COUNT: 1101
Mr. Cullimore responds.
COUNT: 1129
Court addresses the parties.
COUNT: 1133
Mr. Steffensen argues.
COUNT: 1135
Mr. Cullimore responds.
COUNT: 1148
Mr. Steffensen argues.

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
COUNT: 1201
Court orders the Evidentiary Hearing be continued to 12-08-09 at
2:00 p.m. Both attorneys noticed in open court.
EVIDENTIARY HEARING.
Date: 12/08/2009
Time: 02:00 p.m.
Location: WJ Courtroom 37
8080 S REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: TERRY CHRISTIANSEN
12-04-09 EVIDENTIARY HEARING scheduled on December 08, 2009 at 02:00 PM
in WJ Courtroom 37 with Judge CHRISTIANSEN.
12-08-09 Filed: Minutes Evidentiary Hearing
12-08-09 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge:
TERRY CHRISTIANSEN
Clerk:
deborahz
PRESENT
Plaintiff's Attorney(s): KIRK A CULLIMORE
Defendant's Attorney(s): BRIAN W STEFFENSEN
Other Parties: CHRISTY GONZALES
MR. WOOD
MS. MONTOYA
Audio
__________________________________________________________________
HEARING
TAPE: crt 37
COUNT: 202
On record-This matter came on for hearing for an Evidentiary
hearing.
COUNT: 203
Mr. Steffensen argues.
COUNT: 204
Ms. Gonzales is sworn. Mr. Steffensen questions Ms. Gonzales.
COUNT: 223
Mr. Cullimore re-directs.
COUNT: 238

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
Mr. Steffensen argues.
COUNT: 239
Mr. Cullimore responds.
COUNT: 240
Ms. Gonzales is excused. Mr. Wood, Property Manager is sworn and
is questioned by Mr. Steffensen.
COUNT: 309
Mr. Wood returns to witness stand. Mr. Steffensen continues.
COUNT: 332
Mr. Wood excused. Mr. Steffensen recalls Ms. Gonzales.
COUNT: 334
Mr. Cullimore crosses.
COUNT: 336
Ms. Gonzales is excused.
COUNT: 337
Ms. Montoya, former Property Manager of Art Space is sworn. Mr.
Cullimore questions Ms. Montoya.
COUNT: 354
Mr. Steffensen redirects.
COUNT: 357
Ms. Montoya is excused.
COUNT: 358
Ms. Gonzales is recalled. Mr. Steffensen questions Ms. Gonzales.
COUNT: 401
Ms. Gonzales is excused.
COUNT: 402
Court orders closing arguments may be made in writing to the
Court. Mr. Steffensen's is due by 01-01-10 and Mr. Cullimore's by
01-08-10. Mr. Stefensen has until 01-15-10 to reply.
COUNT: 242
Mr. Cullimore crosses. The court is in recess for five minutes.
01-04-10 Filed: Defendant's First Post-Hearing Memorandum,
01-04-10 Filed: Exhibit A (Defendant's First Post-Hearing Memorandum)
01-08-10 Filed: Plaintiff's Closing Arguments
01-19-10 Filed: Findings of Fact/Conclusions of Law
Judge TERRY CHRISTIANSEN
Signed January 19, 2010
01-20-10 Filed: Defendant's Final Post-Hearing Memorandum
05-10-10 Filed: Notice of Change of Address--Steffensen Law Office

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
08-20-13 Filed: Motion for Summary Judgment on Defendant's Amended
Counterclaim
Filed by: ART SPACE AFFORDABLE HOUSING,
08-20-13 Filed: Memorandum in Support of Motion for Summary Judgment on
Defendant's Amended Counterclaim
08-20-13 Filed: Certificate of Mailing/Service
08-20-13 Filed: Return of Electronic Notification
09-04-13 Filed: Motion -- For Enlargement of Time to File a Response to
Plaintiff's Motion for Summary Judgment
Filed by: ANARCHY ARTS LLC,
09-04-13 Filed: Return of Electronic Notification
09-13-13 Filed: Request/Notice to Submit Motion for Summary Judgment
09-13-13 Filed: Certificate of Mailing/Service of Request to Submit
Motion for Summary Judgment
09-13-13 Filed: Memorandum in Opposition to Motion for Enlargment of
Time
09-13-13 Filed: Certificate of Mailing/Service of Memorandum in
Opposition to Motion for Enlargment of Time
09-13-13 Filed: Return of Electronic Notification
09-20-13 Filed: Motion -- Second For Enlargement Due to Family Health
Emergency
Filed by: ANARCHY ARTS LLC,
09-20-13 Filed: Return of Electronic Notification
09-23-13 Filed: Memorandum in Opposition to 2nd Motion for Enlargment of
Time
09-23-13 Filed: Certificate of Mailing/Service
09-23-13 Filed: Return of Electronic Notification
09-27-13 Fee Account created
Total Due:
12.50
09-27-13 COPY FEE
Payment Received:
12.50
09-27-13 Filed: Motion -- for an Additional Extension of One Day to File
an Opposition to the Motion for Summary Judgment
Filed by: ANARCHY ARTS LLC,
09-27-13 Filed: Motion -- for an Additional Extension of One Day to File
an Opposition to the Motion for Summary Judgment
Filed by: ANARCHY ARTS LLC,
09-28-13 Filed: Return of Electronic Notification
09-28-13 Filed: Memorandum in Opposition to Artspaces Motion for Summary
Judgment
09-28-13 Filed: Return of Electronic Notification

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CASE NUMBER 080411274 Eviction
________________________________________________________________________________
09-29-13 Filed: Return of Electronic Notification
10-04-13 Filed: Order Releasing Bond (not signed)
10-09-13 Filed: Memorandum In Reply to Defendants Memorandum in
Opposition to Motion for Summary Judgment
10-09-13 Filed: Exhibit List A
10-09-13 Filed: Exhibit List B
10-09-13 Filed: Certificate of Mailing/Service Memorandum in Reply to
Defendants Opposition to Motion for Summary Judgment
10-09-13 Filed: Request/Notice to Submit Motion for Summary Judgment
10-09-13 Filed: Certificate of Mailing/Service Request to Submit Motion
for Summary Judgment
10-10-13 Filed: Return of Electronic Notification
10-10-13 Filed: Return of Electronic Notification
10-28-13 Note: RTS on Plaintiff's MSJ ( counterclaim) to TLC for review
12-03-13 Filed order: Ruling and Order
Judge TERRY CHRISTIANSEN
Signed December 02, 2013
10-27-14 Judge KARA PETTIT assigned.

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