Zwicky, et al. v Diamond Resorts International, et al., 2024 WL 1717553 (D. Ariz. Apr. 22, 2024
Apr 22, 2024OUTCOME: Class certified and class settlment approved
Scottsdale, AZ
Class action Lawyer at Scottsdale, AZ
Practice Areas: Class Action, General Practice
OUTCOME: Class certified and class settlment approved
OUTCOME: Affirmed in part, reversed in part
Timeshare interest owner's request for timeshare association documents was made in good faith and for a proper purpose; Timeshare interest owner's action seeking timeshare association records was not ... moot; Timeshare association would be allowed an opportunity on remand to establish why the protective order should continue to apply; and Superior Court erred in requiring timeshare association to send notice to timeshare interest owners.
OUTCOME: JURISDICTION ACCEPTED, RELIEF GRANTED
After significant written negotiations between counsel, Father's counsel accepted the settlement offer proposed by Mother's counsel in an email. Father then refused to acknowledge the settlement agreem ... ent. After a motion to enforce the settlement agreement was denied by the trial court, Mother's counsel filed a petition for special action to the Arizona Court of Appeals to seek enforcement of the settlement agreement. The Arizona Court of Appeals accepted jurisdiction of the Petition for Special Action and Granted directed the trial court to hold a hearing to determine if an enforceable settlement agreement had been reached between the parties. Ultimately, the trial court ruled that the parties had reached a settlement agreement and enforced the settlement agreement.
OUTCOME: JURISDICTION ACCEPTED, RELIEF GRANTED
Defendant filed a motion for a protective order because Plaintiff's discovery request sought records protected by the physician-patient privilege. The trial court denied the protective order and ordere ... d that Defendant produce privileged communications and records. To protect the privileged communications and records, a Petition for Special Action was filed with the Arizona Court of Appeals. The Arizona Court of Appeals accepted jurisdiction of the Petition for Special Action and determined that the communications and records were protected by the physician-patient privilege and there had not been a waiver of the privilege so the communications and records were not subject to discovery.