Case No. 07F-H067012-BFS / 07F-H067013-BFS (consolidated case)

Complaint:

Source of Law:

Discussion:

Holding:

Additional Remarks:
Pre-conference hearing. Either party may request a pre-conference hearing to settle or clarify aspects relating how the hearing will proceed; such as date for exchanging documents and list of witnesses.

In response to a late filing by HOA of a 17-page motion -- with legal memorandum containing HOA arguments -- to limit scope of the hearing, the ALJ said that he would give Petitioner time to respond. HOA attorney said that he just files papers with respect to the topic of the pre-hearing, but ALJ pointed out that he filed a motion, and as such, Petitioner is permitted time to respond. ALJ set a 10-day response period.

HOA attorney subpoenaed documents from Petitioner. Cannot ask other party to prepare new documents, or to do interrogatories (submit written questions to other party) or depositions (ask direct questions of other party).

With respect to a settlement agreement, ALJ properly advised parties that this is a matter outside the OAH.

Tucson case to be heard late in April.