Arizona, February, 2003, State Case law

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State Courts - Arizona - February 18 - February 24, 2003

Garden Lakes Cmty. Ass'n v. Madigan, 1 CA-CV 00-0570, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 18, 2003, Filed
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Overview: Trial court did not err when it held that a homeowners association's restrictions governing solar energy devices (SEDs) on homes "effectively prohibited" them from installing them, and the court correctly considered cost in reaching its conclusions.

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London v. Broderick, 1 CA-CV 01-0605, 1 CA-SA 02-0037 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, February 18, 2003, Filed
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Overview: Trial court erred when it held that probation department did not have duty to disclose investigative file of probation officer; officer's public records request constituted waiver of protections of supreme court rule and authorized file's release.

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Scruggs v. State Farm Mut. Auto. Ins. Co., 1 CA-CV 02-0166, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 18, 2003, Filed
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Overview: Trial court erred when it referred the question of insured's corroboration after a "miss and run" accident to arbitration, insured could not obligate his insurer to have arbitrated question of compliance with statutory corroboration requirements.

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State v. Zamora, 1 CA-CR 01-0469, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 18, 2003, Filed
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Overview: Definition of premeditation was constitutionally applied in defendant's first-degree murder trial, where problematic "instantaneous as successive thoughts" concept had not been present in case at bar and defendant had ample time to reflect.

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Twin City Fire Ins. Co. v. Burke, Arizona Supreme Court No. CV-01-0262-PR, SUPREME COURT OF ARIZONA, February 18, 2003, Filed
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Overview: Excess insurer did not waive its attorney-client privilege in its bad faith action against the primary carrier where there was no evidence that the excess insurer affirmatively put counsel's views in issues when it failed the bad faith action.

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Hullett v. Cousin, Arizona Supreme Court No. CV-01-0407-PR, SUPREME COURT OF ARIZONA, February 24, 2003, Filed
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Overview: Partnership asset's purchaser's fraudulent transfer action was based on a time-barred claim because it was not filed within two years of the transfer; thus, he had not had a valid right to payment when the partnership was dissolved.

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