Gerald A. Williams
Arizona Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85274

The Maricopa County Justice Court bench unanimously recommends the rejection of this rule change petition and notes that, if adopted, the Petitioner’s proposed language will create a conflict between a court rule and a state statute.

Zona Law Group P.C., attorneys for Commenting Party Manufactured Housing Communities of Arizona
7701 E. Indian School Rd.,
Suite J
Scottsdale, AZ 85251
(480) 949-1400
Scott A. Baluha
[email protected]
Bar Number: 029957
Tatianna Dunne
[email protected]
Bar Number: 036776

Charles Lucking
Arizona House of Representatives
1700 W Washington St, Phoenix, AZ 85007
(602) 926-4221
[email protected]
Arizona State Bar: 031964

This proposed change would require plaintiffs to verify if the property at issue is a CARES Act “Covered” property, and if the plaintiff has complied with the 30-day notice provision required by the CARES act. This is information that is vital for judges to understand in order to appropriately determine if proper procedures and due process are being followed, and for defendants to have so that they can fully understand their rights. This is also information that is very difficult and occasionally impossible to obtain except for the Plaintiff themselves who are in a position to understand the status of their properties. Currently the RPEA does not contain safeguards to ensure that plaintiffs are complying with the law or giving courts and defendants notice that the property is subject to the CARES Act. Some judges are already requiring this, and this proposed change would formalize an important safeguard that is being inconsistently and sporadically incorporated in our Justice Courts' processes.