Lux Property Group LLC v. Hughes, 052820 AZAPP1, 1 CA-CV 19-0577

Docket Nº:1 CA-CV 19-0577
Opinion Judge:WINTHROP, Judge:
Party Name:LUX PROPERTY GROUP LLC, Plaintiff/Appellee, v. WILLIAM HUGHES, Defendant/Appellant.
Attorney:Hull, Holliday, & Holliday, PLC, Phoenix By Andrew M. Hull, Denise M. Holliday, Kevin W. Holliday, Matthew Schlabach Counsel for Plaintiff/Appellee Davis Miles McGuire Gardner, PLLC, Tempe By Gregory L. Miles, Brittney Kay Walsh Counsel for Defendant/Appellant
Judge Panel:Presiding Judge Lawrence F. Winthrop delivered the decision of the Court, in which Judge Maria Elena Cruz and Judge David B. Gass joined.
Case Date:May 28, 2020
Court:Court of Appeals of Arizona
 
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LUX PROPERTY GROUP LLC, Plaintiff/Appellee,

v.

WILLIAM HUGHES, Defendant/Appellant.

No. 1 CA-CV 19-0577

Court of Appeals of Arizona, First Division

May 28, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CV2019-053682 The Honorable Steven K. Holding, Judge Pro Tempore (Retired)

Hull, Holliday, & Holliday, PLC, Phoenix By Andrew M. Hull, Denise M. Holliday, Kevin W. Holliday, Matthew Schlabach Counsel for Plaintiff/Appellee

Davis Miles McGuire Gardner, PLLC, Tempe By Gregory L. Miles, Brittney Kay Walsh Counsel for Defendant/Appellant

Presiding Judge Lawrence F. Winthrop delivered the decision of the Court, in which Judge Maria Elena Cruz and Judge David B. Gass joined.

MEMORANDUM DECISION

WINTHROP, Judge:

¶1 William Hughes ("Hughes") appeals the superior court's entry of judgment granting possession of certain rental property in favor of Lux Property Group LLC ("Lux"). Hughes argues the court erred in denying his motion to dismiss and in granting a monetary award in an amount not supported by the record. He also argues the court erred in failing to stay this action until other, related proceedings could be resolved. For the following reasons, we affirm the judgment as modified.

FACTS AND PROCEDURAL HISTORY

¶2 Lux purchased the subject property from Hughes in September of 2018. On October 1, 2018, Hughes entered a written lease agreement with Lux for a month-to-month tenancy of the property; either party could non-renew and terminate the lease on thirty-day notice tied to the periodic rental due date.

¶3 Around April or May 2019, Hughes learned the property had gone into foreclosure1 and stopped making his rental payments. It appears Lux served a notice of non-payment and demand to surrender the premises on Hughes shortly after, although we do not have such notice in the record before us. Lux served a second notice- for non-renewal and termination of the month-to-month tenancy-on May 13, 2019.

¶4 On June 19, 2019, Lux initiated eviction proceedings in justice court against Hughes for nonpayment of rent pursuant to Arizona Revised Statutes ("A.R.S.") section 33-1368(B) (hereinafter, the "first eviction action"). The justice court entered judgment against Hughes and he appealed to the superior court. Hughes posted a bond to the justice court, including rental arrears, and the...

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