Stein v. Sonus USA, Inc., 150 P.3d 773 (Ariz. Ct. App. 2007). · Go Syfert
Stein v. Sonus USA, Inc., 150 P.3d 773 (Ariz. Ct. App. 2007). Cases Citing This Book View Copy Cite
96 citation events (96 in the last 25 years) across 2 distinct courts.
Strongest positive: Warfield v. Froemming (azd, 2023-03-24)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
cited Cited as authority (rule) Warfield v. Froemming
D. Ariz. · 2023 · confidence medium
Stein v. Sonus 3 USA, Inc., 150 P.3d 773, 774 (Ariz. Ct. App. 2007) (cleaned up).
cited Cited as authority (rule) Maxwell v. Maguire
Ariz. Ct. App. · 2021 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007). ¶6 Arizona’s wrongful death statute authorizes a surviving “child” of the deceased to bring a wrongful death claim.
discussed Cited as authority (rule) Bsi v. Adot
Ariz. Ct. App. · 2021 · confidence medium
When the language is ambiguous, however, courts “look to the ‘rules of statutory construction’ and ‘consider the statute’s context; its language, subject matter, and historical background; its effects and consequences; and its spirit and purpose.’” Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007) (citations omitted).
cited Cited as authority (rule) Socaa v. Dtt Acc
Ariz. Ct. App. · 2021 · confidence medium
Buckholtz v. Buckholtz, 246 Ariz. 126, 129, ¶ 10 (App. 2019) (contracts); Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007) (statutes).
discussed Cited as authority (rule) Ck Family Irrevocable v. My Home
Ariz. Ct. App. · 2020 · confidence medium
If a statute is ambiguous, however, Arizona courts look “to the rules of statutory construction, and consider the statute’s context; its language, subject matter, and historical background; its effects and consequences; and its spirit and purpose.” See Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007) (internal citations omitted). ¶8 Beginning with the plain language, § 32-2151.01 is titled “Broker requirements; record keeping requirements; definition.” The statute requires a “licensed employing broker” to keep certain records and to exercise specified controls ove…
discussed Cited as authority (rule) Keosha C. v. Dcs
Ariz. Ct. App. · 2017 · confidence medium
Mother contends, however, that under A.R.S. § 8-533(E), the children had been in an out-of-home placement just over four months at the time DCS moved to terminate her rights. ¶9 "The applicability of a statute is an issue of law that we review de novo." Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007).
discussed Cited as authority (rule) Green Cross Medical, Inc. v. Gally
Ariz. Ct. App. · 2017 · confidence medium
Stein v. Sonus USA Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773 (App. 2007) (citation omitted). ¶ 6 The issue presented is whether a contract for the lease of real property to a party applying to operate a medical marijuana dispensary is void for illegality.
examined Cited as authority (rule) McCarthy Integrated System, LLC v. Evoqua Water Technologies, LLC (3×) also: Cited "see"
Ariz. Ct. App. · 2016 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200 , 201 ¶ 3, 150 P.3d 773, 774 (App. 2007); Bentley v. Building Our Future, 217 Ariz. 265 , 270 ¶ 13, 172 P.3d 860, 865 (App. 2007).
discussed Cited as authority (rule) Benevolent & Protective Order of Elks 2656 v. State Department of Liquor Licenses & Control (2×)
Ariz. Ct. App. · 2016 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007) (citation omitted). ¶ 31 Based on the plain meaning of “knowingly” as used in A.R.S. § 4-244(26), the Department was not required to prove the Elks knew the sweepstakes were unlawful.
examined Cited as authority (rule) Hoag v. Hon. french/wells (3×) also: Cited "see, e.g."
Ariz. Ct. App. · 2015 · confidence medium
Stein, 214 Ariz. at 201, ¶3 , 150 P.3d 773 . (citation omitted). ¶ 12 AR.S. § 14-10202(A) states that a trustee submits to the personal jurisdiction of Arizona courts by (1) “accepting the trusteeship of a trust having its principal place of administration in [Arizona],” (2) “by moving the principal place of administration to [Arizona],” or (3) “by declaring that the trust is subject to the jurisdiction of the courts of [Arizona].” ¶ 13 Wells Fargo argues that based on A.R.S. § 14-10202(A), because the Unitrusts were being administered in Arizona prior to IBMC’s appointment,…
discussed Cited as authority (rule) Valencia v. Bp Capital
Ariz. Ct. App. · 2015 · confidence medium
However, the relevant portion of Rule 56(a) simply states, “The court should state reason on the record the reasons for granting or denying the request.” (Emphasis added.). ¶10 “If the statute is clear and unambiguous, we apply the plain meaning of the statute.” Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007) (citation omitted).
discussed Cited as authority (rule) State of Arizona v. Lee L.N.
Ariz. Ct. App. · 2014 · confidence medium
Stein v. Sonus USA Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App.2007) (employing principles of construction and considering statute’s context, language, spirit, any stated or implicit purpose, and historical background). ¶ 17 Section 13-50RA) and (H)(2) are clear.
discussed Cited as authority (rule) Lewis v. Debord and Nelson-Debord
Ariz. Ct. App. · 2014 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App.2007). ¶ 7 Judgment liens are creations of statute, Rowe v. Schultz, 131 Ariz. 536, 538 , 642 P.2d 881, 883 (App.1982), and thus require strict statutory compliance, Sysco Ariz., Inc. v. Hoskins, 235 Ariz. 164, ¶ 8 , 330 P.3d 354, 355-56 (App.2014).
examined Cited as authority (rule) Arizona State Hospital v. Klein (4×) also: Cited "see"
Ariz. Ct. App. · 2013 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, 204, ¶ 17 , 150 P.3d 773, 777 (App.2007) (citation omitted).
cited Cited as authority (rule) City of Sierra Vista v. Sierra Vista Wards System Voting Project
Ariz. Ct. App. · 2012 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 2 , 150 P.3d 773, 774 (App.2007).
cited Cited as authority (rule) City of Sierra Vista v. Sierra Vista Wards System Voting Project
Ariz. Ct. App. · 2012 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 2 , 150 P.3d 773, 774 (App. 2007).
discussed Cited as authority (rule) City of Tucson v. State (2×)
Ariz. Ct. App. · 2011 · confidence medium
And "comments of individual legislators `are not necessarily determinative of legislative intent.'" State v. Payne, 223 Ariz. 555, n. 4 , 225 P.3d 1131 , 1139 n. 4 (App.2009), quoting Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 13 , 150 P.3d 773, 777 (App.2007).
discussed Cited as authority (rule) City of Tucson v. State of Arizona Southern Arizona Leadership Council Senator Jonathan Paton
Ariz. Ct. App. · 2011 · confidence medium
And “comments of individual legislators „are not necessarily determinative of legislative intent.‟” State v. Payne, 223 Ariz. 555, n.4 , 225 P.3d 1131 , 1139 n.4 (App. 2009), quoting Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 13 , 150 P.3d 773, 777 (App. 2007).
discussed Cited as authority (rule) State ex rel. Arizona Structural Pest Control Commission v. Taylor (2×)
Ariz. Ct. App. · 2010 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007).
discussed Cited as authority (rule) STATE EX REL. AZ. STR. PEST CONT. v. Taylor (2×)
Ariz. Ct. App. · 2010 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007).
discussed Cited as authority (rule) Industrial Commission v. Old Republic Insurance (2×)
Ariz. Ct. App. · 2009 · confidence medium
No. 50, 177 Ariz. at 529 , 869 P.2d at 503 . ¶ 8 If the statutory language is ambiguous, however, “we look to the ‘rules of statutory construction,’ ” Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007) (quoting Lewis v. Ariz. Dep’t of Econ.
discussed Cited as authority (rule) Premiere RV & Mini Storage LLC v. Maricopa County (2×)
Ariz. Ct. App. · 2009 · confidence medium
“A statute is ambiguous ‘if there is uncertainty about the meaning or interpretation of ... [its] terms,’ or if ‘the statute’s text allows for more than one rational interpretation.’ ” Stein v. Sonus U.S.A., Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007) (quoting Hayes v. Continental Insurance Co., 178 Ariz. 264, 268 , 872 P.2d 668, 672 (1994)). 2 1.
discussed Cited as authority (rule) In Re Estate of Newman (2×)
Ariz. Ct. App. · 2008 · confidence medium
See State v. *268 Morse, 127 Ariz. 25, 30 , 617 P.2d 1141, 1146 (1980) (“The elimination of language concerning intent from Arizona’s statute prohibiting receipt of stolen property indicates that the Legislature intended to remove that element from the offense.”); State v. Thomas, 217 Ariz. 413, 419, ¶23 , 175 P.3d 71, 77 (App. 2008) (“The ‘decision to delete language ... is strong evidence that [the] Legislature did not intend [the] omitted matter should be effective.’ ”) (quoting Stein v. Sonus USA, Inc., 214 Ariz. 200, 203, ¶ 11 , 150 P.3d 773, 776 (App.2007)); Gravel Resour…
cited Cited as authority (rule) City of Tucson v. Clear Channel Outdoor, Inc.
Ariz. Ct. App. · 2008 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 18 , 150 P.3d 773, 778 (App.2007).
cited Cited as authority (rule) City of Tucson v. Clear Channel Outdoor, Inc.
Ariz. Ct. App. · 2008 · confidence medium
Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 18 , 150 P.3d 773, 778 (App. 2007).
examined Cited as authority (rule) State v. Thomas (4×)
Ariz. Ct. App. · 2008 · confidence medium
The "decision to delete language . . . is strong evidence that [the] Legislature did not intend [the] omitted matter should be effective." Stein v. Sonus USA, Inc., 214 Ariz. 200, 203, ¶ 11 , 150 P.3d 773, 776 (App.2007) (internal quotations omitted).
discussed Cited as authority (rule) Gravel Resources of Arizona v. Hills (2×)
Ariz. Ct. App. · 2007 · confidence medium
In revising the statute, however, the Legislature deleted that language. ¶ 11 The “decision to delete language ... is strong evidence that [the] Legislature did not intend [the] omitted matter should be effective.” Stein v. Sonus USA, Inc., 214 Ariz. 200, 203, ¶ 11 , 150 P.3d 773, 776 (App.2007) (internal citations omitted); see also 2 Ariz. Practice 2d § 4.6 (2007) (“This statutory elimination of the ‘no other adequate remedy at law’ requirement would appear to broaden the universe of cases in which a receiver may be appointed.”).
cited Cited "see" Cavness v. wilson/engstrand
Ariz. Ct. App. · 2020 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 (App. 2007) (a court applies the plain meaning of a statute).
cited Cited "see" Shook v. Renewcare
Ariz. Ct. App. · 2020 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, 203 , ¶ 13 n. 3 (App. 2007). 4 SHOOK v. RENEWCARE, et al.
discussed Cited "see" Lagerman v. Asrs
Ariz. Ct. App. · 2019 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200 , 202 ¶ 8 (App. 2007). ¶15 The history of A.R.S. § 38–764 shows that the legislature did not intend by adding subpart (I) to eliminate the requirement in subpart (A) that a member’s retirement cannot begin before the member submits a completed retirement application.
discussed Cited "see" County of Cochise v. Faria
Ariz. Ct. App. · 2009 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d *624 773, 774 (App.2007) (court applies rules of statutory construction to ambiguous statute). ¶ 15 Because “commercial feedlots” are uses of an agricultural nature of some kind, their inclusion in § 11-821.01 means that both § 11-821.01 and § 11-830(A)(2) relate to the same subject.
discussed Cited "see" COUNTY OF COCHISE v. SEBASTIAO FARIA and MARIA FARI Dba FARIA DAIRY (2×)
Ariz. Ct. App. · 2009 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App. 2007) (court applies rules of statutory construction to ambiguous statute). ¶15 Because “commercial feedlots” are uses of an agricultural nature of some kind, their inclusion in § 11-821.01 means that both § 11-821.01 and § 11-830(A)(2) relate to the same subject.
examined Cited "see" Hernandez v. Lynch (4×)
Ariz. Ct. App. · 2007 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007) (statute is ambiguous if there is uncertainty about meaning or interpretation of its terms or if its text allows for more than one rational interpretation). ¶ 13 Although the phrase “entered or remained in the United States illegally,” if taken literally, could include persons who entered the country illegally but who have since acquired lawful residency status or citizenship, we “must reject a literal statutory construction that would result in an absurdity and defeat the purpose of the statute to be …
discussed Cited "see" Robson Ranch Quail Creek, LLC v. Pima County (2×)
Ariz. Ct. App. · 2007 · signal: see · confidence high
See Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App.2007) (applicability of statute reviewed de novo); Bothell v. Two Point Acres, Inc., 192 Ariz. 313, ¶ 8 , 965 P.2d 47, 50 (App.1998) (propriety of summary judgment reviewed de novo). ¶ 10 The parties dispute the standard by which the validity of the ordinance must be measured.
discussed Cited "see, e.g." State of Arizona v. Payne Nelson Daniels (2×)
Ariz. Ct. App. · 2009 · signal: see also · confidence low
Under “‘fundamental principles of statutory construction, . . . 10 the best and most reliable index of a statute’s meaning is its language and, when the language is clear and unequivocal, it is determinative of the statute’s construction.’” State v. Aguilar, 209 Ariz. 40, ¶ 26 , 97 P.3d 865, 873 (2004), quoting Janson v. Christensen, 167 Ariz. 470, 471 , 808 P.2d 1222, 1223 (1991); see also Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App. 2007).
discussed Cited "see, e.g." State v. Payne (2×)
Ariz. Ct. App. · 2009 · signal: see also · confidence low
Under “‘fundamental principles of statutory construction,____the best and most reliable index of a statute’s meaning is its language and, when the language is clear and unequivocal, it is determinative of the statute’s construction.’” State v. Aguilar, 209 Ariz. 40, ¶ 26 , 97 P.3d 865, 873 (2004), quoting Janson v. Christensen, 167 Ariz. 470, 471 , 808 P.2d 1222, 1223 (1991); see also Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App.2007).
discussed Cited "see, e.g." State v. Soria (2×)
Ariz. Ct. App. · 2007 · signal: see, e.g. · confidence medium
Order No.2004-199; see, e.g., Stein v. Sonus USA, Inc., 214 Ariz. 200, 201, ¶ 3 , 150 P.3d 773, 774 (App.2007) (stating that the language and context of a statute are used to construe its meaning). ¶ 7 Here, Defendant’s summons to appear was returned without being delivered.
discussed Cited "see, e.g." Aranda v. Cardenas (2×)
Ariz. Ct. App. · 2007 · signal: see also · confidence low
Co., 213 Ariz. 505, ¶ 8 , 144 P.3d 519, 523-24 (App.2006) (propriety of summary judgment reviewed de novo); see also Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App.2007) (applicability of statute reviewed de novo). ¶ 5 “In interpreting statutes, our central goal ‘is to ascertain and give effect to the legislature’s intent.” ’ Yarbrough v. Montoyar-Paez, 214 Ariz. 1, ¶ 12 , 147 P.3d 755, 759 (App.2006), quoting Washburn v. Pima County, 206 Ariz. 571, ¶ 9 , 81 P.3d 1030, 1034 (App.2003). “‘[T]he best and most reliable index of a statute’s meaning is it…
discussed Cited "see, e.g." Aranda v. Cardenas, M.D. Nes Arizona (2×)
Ariz. Ct. App. · 2007 · signal: see also · confidence low
Co., 213 Ariz. 505, ¶ 8 , 144 P.3d 519, 523-24 (App. 2006) (propriety of summary judgment reviewed de novo); see also Stein v. Sonus USA, Inc., 214 Ariz. 200, ¶ 3 , 150 P.3d 773, 774 (App. 2007) (applicability of statute reviewed de novo). ¶5 “In interpreting statutes, our central goal ‘is to ascertain and give effect to the legislature’s intent.’” Yarbrough v. Montoya-Paez, 214 Ariz. 1, ¶ 12 , 147 P.3d 755, 759 (App. 2006), quoting Washburn v. Pima County, 206 Ariz. 571, ¶ 9 , 81 P.3d 1030, 1034 (App. 2003). “‘[T]he best and most reliable index of a statute’s meaning is i…
Retrieving the full opinion text from the archive…
Walter STEIN, Plaintiff/Appellant,
v.
SONUS USA, INC., a Foreign Corporation, Defendant/Appellee
2 CA-CV 2006-0065.
Court of Appeals of Arizona.
Jan 9, 2007.
150 P.3d 773
Weisberg & Meyers, LLC By Marshall Meyers, Phoenix, Attorneys for Plaintiff/Appellant., Munger Chadwick, P.L.C. By Evelyn Patrick Rick and Laura P. Chiasson, Tucson, Attorneys for Defendant/Appellee.
Howard, Pelander, Vásquez.
Cited by 43 opinions  |  Published
Pinpoint authority: bottom 42%

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Walter Stein challenges the trial court’s grant of summary judgment in favor of appellee Sonus USA, Inc. Stein argues the trial court erred by concluding that a hearing aid is not an “assistive device” for purposes of Arizona’s assistive device warranty statutes, A.R.S. §§ 44-1351 through 44-1355. Because we conclude that the legislature did not intend to include hearing aids in the definition of “assistive device” in § 44-1351, we affirm.

[*201] ¶2 When reviewing a trial court’s ruling on a motion for summary judgment, we view the facts and reasonable inferences from them in the light most favorable to the nonmoving party. Link v. Pima County, 193 Ariz. 336, ¶ 12, 972 P.2d 669, 673 (App.1998). In January 2005, Stein filed a complaint against Sonus based on alleged defects in two hearing aids he had purchased from Sonus in October 2002. He sought relief under Arizona’s assistive device warranty statutes and the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 through 2312. The trial court granted Sonus’s subsequent motion for summary judgment, ruling that a hearing aid is neither an “assistive device” as defined in § 44-1351(1) nor a “consumer product” as defined in 15 U.S.C. § 2301(1). On appeal, Stein challenges only the trial court’s ruling on § 44-1351(1).

¶ 3 The applicability of a statute is an issue of law that we review de novo. AAA Cab Serv., Inc. v. Indus. Comm’n, 213 Ariz. 342, ¶ 2, 141 P.3d 822, 823 (App.2006). “When construing a statute, our goal ‘is to fulfill the intent of the legislature that wrote it.’ ” City of Sierra Vista v. Dir., Ariz. Dep’t of Envtl. Quality, 195 Ariz. 377, ¶ 10, 988 P.2d 162, 165 (App.1999), quoting State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993). “If the statute is clear and unambiguous, we apply the plain meaning of the statute.” Hourani v. Benson Hosp., 211 Ariz. 427, ¶ 7, 122 P.3d 6, 10 (App.2005). But, if a statute is ambiguous, we look to the “rules of statutory construction,” Lewis v. Arizona Department of Economic Security, 186 Ariz. 610, 614, 925 P.2d 751, 755 (App.1996), and “‘consider the statute’s context; its language, subject matter, and historical background; its effects and consequences; and its spirit and purpose,’ ” Callan v. Bernini, 213 Ariz. 257, ¶ 13, 141 P.3d 737, 740 (App.2006), quoting Hayes v. Continental Insurance Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994). A statute is ambiguous “if there is uncertainty about the meaning or interpretation of ... [its] terms,” or if “the statute’s text allows for more than one rational interpretation.” Hayes, 178 Ariz. at 268, 872 P.2d at 672.

¶ 4 The Arizona assistive device warranty-statutes [1] require manufacturers to expressly warrant certain devices, defined in § 44-1351(1), designed to assist individuals with disabilities. § 44-1352(A). If a manufacturer does not provide an express warranty, the statute creates a one-year express warranty. § 44-1352(B). During the warranty period, the consumer is entitled to have a nonconforming assistive device repaired or, failing that, a replacement or a refund. § 44-1352(C), (D), (E). The statutes also provide a cause of action based on a violation of the statutes, in which a prevailing consumer may recover triple damages, as well as costs and attorney fees. § 44-1355(C).

¶ 5 Section 44 — 1351(1) defines “assistive device” as follows:

1. “Assistive device” means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 328; 42 United States Code §§ 12101 through 12213) in connection with a major life activity including mobility, vision, speech, communication, maneuvering and manipulation of a consumer’s environment. Assistive device includes:
(a) A manual or motorized wheelchair, a motorized scooter and any device that enhances the mobility or functional capability of a consumer.
(b) A voice synthesized computer module, an optical scanner, talking software, a braille printer and any device that enables a sight-impaired consumer’s ability to communicate.
(c) An environmental control unit, a motor vehicle modification or any other similar device that enables an individual with a disability to communicate, see, hear, speak, maneuver or manipulate the consumer’s environment.

[*202] This definition does not expressly include or exclude hearing aids.

¶ 6 Both parties argue the plain language of § 44-1351(1) supports their respective interpretations. And the plain language of the statute has elements that support each party’s interpretation. Portions of § 44-1351(1) suggest the term “assistive device” could include a hearing aid, as Stein argues. The statute describes an “assistive device” as “any device ... that is used to assist an individual with a disability as described in the Americans with [Disabilities [A]ct [ (ADA) ] ... in connection with a major life activity including mobility, vision, speech, communication, maneuvering and manipulation of a consumer’s environment.” § 44-1351(1) (emphasis added). The use of the word “any” suggests a broad interpretation for the term “device.” See State v. Barr, 183 Ariz. 434, 438, 904 P.2d 1258, 1262 (App.1995) (the term ‘“any”’ is “‘broadly inclusive’”), quoting City of Phoenix v. Tanner, 63 Ariz. 278, 280, 161 P.2d 923, 924 (1945). Although hearing is not among the expressed major life activities, communication is, and a hearing aid can be considered to assist with communication. Additionally, the legislature cited the ADA definition of disability, which is “a physical or mental impairment that substantially limits one or more ... major life activities.” 42 U.S.C. § 12102(2)(A). And the term “major life activity” has been interpreted to include hearing. See 29 C.F.R. § 1630.2(g)(1), (i) (1997); Wareing v. Falk, 182 Ariz. 495, 500, 897 P.2d 1381, 1386 (App.1995) (enacting legislature is “presumed to know existing law”).

¶7 On the other hand, as Sonus argues, the language of the statute could demonstrate that the legislature did not intend to include a hearing aid as an assistive device. Hearing is not listed among the major life activities covered by the statute. § 44-1351(1). And, although the legislature included the ADA’s definition of disability in the statute, it did not specifically incorporate any separate federal regulatory definition of major life activity. In keeping with this interpretation, the three subsections listing assis-tive devices covered by the statute do not include hearing aids. The legislature’s failure to include hearing aids suggests the intent to exclude them. See Estate of Hernandez v. Ariz. Bd. of Regents, 177 Ariz. 244, 249, 866 P.2d 1330, 1335 (1994) (expression of several items in a class suggests intent to exclude unexpressed items of the same class). Furthermore, as Sonus contends, subsection (c), which mentions the ability to hear, specifies that any assistive device must be “similar” to an “environmental control unit” or “motor vehicle modification.” A hearing aid does not control the external environment, nor is it like a motor vehicle modification. It is therefore not similar to either of the enumerated devices and, accordingly, not covered by subsection (c).

¶ 8 The statute’s text allows for more than one rational interpretation, and there is uncertainty about its meaning. See Hayes, 178 Ariz. at 268, 872 P.2d at 672. The statute is therefore ambiguous. See id. Accordingly, we apply the rules of statutory construction, see Lewis, 186 Ariz. at 614, 925 P.2d at 755, and examine the statute’s history, context, effects and consequences, and spirit and purpose, see Callan, 213 Ariz. 257, ¶ 13, 141 P.3d at 740.

¶ 9 Sonus, contending hearing aids are not covered, relies heavily on the legislative history of § 44-1351(1), arguing that the changes made to the proposed legislation show that the legislature considered and rejected including hearing aids in the definition of “assistive device.” As introduced, the bill defined “assistive device” as follows:

1. “Assistive device” means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in 42 United States Code sections 12101 through 12213 in connection with a major life activity including mobility, vision, hearing, speech, communication, maneuvering and manipulation of a consumer’s environment. Assistive device includes:
(a) A manual or motorized wheelchair, a motorized scooter and any device that enhances the mobility or functional capability of a consumer.
(b) A hearing aid, a telephone communication device for the hearing impaired,[*203] an assistive listening device and any device that enhances a consumer’s ability to hear.
(c) A voice synthesized computer module, an optical scanner, talking software, a braille printer and any device that enables a sight-impaired consumer’s ability to communicate.
(d) An environmental control unit, a motor vehicle modification or any other similar device that enables an individual with a disability to communicate, see, hear, speak, maneuver or manipulate the consumer’s environment.

HB 2676 (as introduced), 43d Leg., 2d Reg. Sess. (Ariz.1998) (emphasis added).

¶ 10 The House Committee on Human Services amended then-subsection (b) of HB 2676 to strike the reference to a hearing aid and added the words “other than a hearing aid” after “hear” in that subsection. House Comm. on Human Servs. Amendments to HB 2676, 43d Leg., 2d Reg. Sess. (Ariz. Feb. 19, 1998). After debate on whether the statute should include hearing aids, the committee removed then-subsection (b) in its entirety before sending the bill to the full House. See Minutes of House Comm, on Human Servs., 43d Leg., 2d Reg. Sess., at 6 (Ariz. Feb. 19, 1998) (hereafter House Minutes). Before the bill was sent to the Senate, “hearing” was also deleted from the list of major life activities. Compare HB 2676 (as introduced), 43d Leg., 2d Reg. Sess., at 4, line 11 (Ariz.1998), with HB 2676 (House Engrossed), 43d Leg., 2d Reg. Sess., at 20, line 12 (Ariz.1998).

¶ 11 The decision to delete language from a bill is ‘“strong evidence that [the] Legislature did not intend [the] omitted matter should be effective.’ ” Lancaster v. Ariz. Bd. of Regents, 143 Ariz. 451, 458, 694 P.2d 281, 288 (App.1984), quoting State Bd. of Barber Exam’rs v. Walker, 67 Ariz. 156, 164, 192 P.2d 723, 728 (1948) (brackets in Lancaster). Accordingly, the legislative history demonstrates that the legislature purposely removed hearing aids from the assistive device warranty statutes’ coverage.

¶ 12 The bill summaries and comments made during the meeting of the House Committee on Human Services further support this conclusion. The comments at the meeting indicate the members of the committee thoroughly debated the issue before deciding to delete then-subsection (b). And the House bill summary prepared the day after the committee meeting stated that the committee had amended the bill to “delete[] references to hearing aid devices.” House Bill Summary for HB 2676, 43d Leg., 2d Reg. Sess. (Ariz. Feb. 20, 1998). The final House summary of the version of HB 2676 that passed the House specifically stated that the term “assistive device[]” did “not includ[e] hearing aid devices.” House Bill Summary for HB 2676, 43d Leg., 2d Reg. Sess. (Ariz. May 5, 1998).

¶ 13 Stein counters that the amendment removing the original subsection (b), [2] which had included the language “other than a hearing aid,” coupled with comments made during the same committee meeting, suggest that the legislature ultimately decided to include hearing aids in the definition of “assis-tive device.” [3] In doing so, he takes comments of individual legislators out of context and'attempts to rely on statements by non-[*204] legislators. Even if Stein had accurately conveyed the intent of some individual legislators, their comments are not necessarily determinative of legislative intent. See Hernandez-Gomez v. Leonardo, 185 Ariz. 509, 513, 917 P.2d 238, 242 (1996) (“the expressed intent of several congressmen is not necessarily determinative” of legislative intent); see also Coal. for Clean Air v. S. Cal. Edison Co., 971 F.2d 219, 227 (9th Cir.1992) (statements of individual legislator “entitled to little, if any, weight”). And we do not consider testimony of nonlegislators as evidence of legislative intent “unless the circumstances provide sufficient guarantees that the statements reflect legislators’ views.” Hayes, 178 Ariz. at 270, 872 P.2d at 674. Here, there is no such guarantee.

¶ 14 Additionally, the scant legislative history of § 44-1351(1) before the Senate does not change this analysis. The Senate Fact Sheet for HB 2676 states that the statute would cover “manual or motorized wheelchair[s], voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices which enable someone with a disability to communicate, see, hear, speak, maneuver or manipulate their environment.” Senate Fact Sheet for HB 2676, 43d Leg., 2d Reg. Sess. (Ariz. Apr. 21, 1998). Although the use of the term “hear” could suggest that hearing aids fall under the statutes, it could also have merely referred to subsection (c)’s use of the word “hear.” Notably, the list of devices offered does not include hearing aids. And the Senate Committee on Commerce and Economic Development forwarded the bill to the Senate floor without discussion. See Minutes of the Senate Comm. on Commerce & Econ. Dev., 43d Leg., 2d Reg. Sess., at 3 (Ariz. Apr. 23, 1998). Given the equivocal nature of the legislative history before the Senate, it does not change our analysis.

¶ 15 Thus, the legislative history is determinative of the legislative intent. We conclude that the legislature purposely deleted hearing aids from the assistive device warranty statutes and did not intend that hearing aids be included.

¶ 16 Stein nonetheless contends that the statutory construction maxims “ejusdem gen-eris” and “noscitur a sociis” support his position that the legislature intended to include a hearing aid as “any device” to assist an individual with a disability. These maxims are tools courts use to “aid in ascertaining the legislative intent.” Ariz. Pub. Serv. Co. v. Town of Paradise Valley, 125 Ariz. 447, 450, 610 P.2d 449, 452 (1980); see also Norgord v. State ex rel. Berning, 201 Ariz. 228, ¶ 12, 33 P.3d 1166, 1169 (App.2001). But these maxims do not apply when “the intent of the legislature is apparent” and will “not be used to obscure and defeat the intent and purpose of the legislation.” Ariz. Pub. Serv. Co., 125 Ariz. at 451, 610 P.2d at 453; see also 2A Norman J. Singer, Statutes and Statutory Construction, § 47:16, at 270 (6th ed.2000) (noscitur a sociis “will not be applied ... to thwart the legislative intent”). Here, the legislative history demonstrates that the legislature did not intend the assistive device warranty statutes to apply to hearing aids. Because “the intent of the legislature is apparent,” Ariz. Pub. Serv. Co., 125 Ariz. at 451, 610 P.2d at 453, these maxims do not apply here.

¶ 17 Citing Walker v. City of Scottsdale, 163 Ariz. 206, 786 P.2d 1057 (App.1989), Stein next argues interpreting § 44-1351(1) to exclude hearing aids would render the statute’s references to “communication,” “hearting],” “spe[aking],” and “manipulat[ing] the consumer’s environment” meaningless. When interpreting a statute, we must give “each word, phrase, clause, and sentence ... meaning so that no part of the statute will be void, inert, redundant, or trivial.” Walker, 163 Ariz. at 210, 786 P.2d at 1061. But the legislature could have intended to exclude hearing aids but leave other devices that assist with those activities covered by the statute. Such a construction would not render any statutory terms meaningless. Thus, the proffered maxims provide little help in interpreting the statute.

¶ 18 Stein also makes two policy arguments in support of his interpretation. He first argues that interpreting § 44-1351(1) to exclude hearing aids would “trivialize the ... plain statutory language to the point that it serves no purpose for a large class of disabled individuals, those with hearing aids.”[*205] But the statute’s plain language does not include hearing aids, as we have discussed. And deciding public policy is, within constitutional limits, the province of the legislature. See Taylor v. Graham County Chamber of Commerce, 201 Ariz. 184, ¶ 27, 33 P.3d 518, 525 (App.2001). We therefore reject this argument.

¶ 19 Finally, Stein argues the assistive device warranty statutes are remedial, and we should therefore liberally construe § 44-1351(1). But no construction of a statute can contradict legislative intent. See Mail Boxes, Etc., U.S.A. v. Indus. Comm’n, 181 Ariz. 119, 121, 888 P.2d 777, 779 (1995) (“The primary rule of statutory construction is to find and give effect to legislative intent.”). Given the evidence that the legislature intended not to include hearing aids in the definition of “assistive device,” we cannot construe the statute to apply to hearing aids even if Stein is correct that the statute is remedial. Accordingly, we reject this argument.

¶20 In light of the significant evidence that the legislature intended to exclude hearing aids from the statute’s coverage, we hold that a hearing aid is not an “assistive device” as defined in § 44-1351(1). Accordingly, the trial court did not err by granting summary judgment to Sonus. Because Stein is not the prevailing party on appeal, he is not entitled to the attorney fees he requests under § 44-1355(C). He also is not entitled to the attorney fees he requests under the private attorney general doctrine because he has not “vindicat[ed] an important public policy.” Arnold v. Ariz. Dep’t of Health Servs., 160 Ariz. 593, 609, 775 P.2d 521, 537 (1989).

¶21 For the foregoing reasons, the trial court’s decision granting summary judgment to Sonus is affirmed, and Stem’s request for attorney fees is denied.

CONCURRING: JOHN PELANDER, Chief Judge and GARYE L. VÁSQUEZ, Judge.
1

. Most of these sections are not relevant to the resolution of this case and are discussed here solely to provide background for the construction of A.R.S. § 44-1351(1). We do not attempt to interpret the other sections.

2

. Stein contends that the language "other than a hearing aid” was deleted from what is now subsection (c) of the statute. This is incorrect. The language was added to subsection (b) of the introduced bill, and that subsection was later deleted in its entirety. See House Comm. on Human Servs. Amendments to HB 2676, 43d Leg., 2d Reg. Sess. (Ariz. Feb. 19, 1998); Minutes of House Comm. on Human Servs., 43d Leg., 2d Reg. Sess., at 6 (Ariz. Feb. 19, 1998). The legislature made no change to the language that is now in subsection (c). Compare HB 2676 (as introduced), 43d Leg., 2d Reg. Sess., at 4, lines 21-24 (Ariz.1998), with A.R.S. § 44-1351(1)(c).

3

. Sonus, citing Rule 13(a)(5), Ariz. R. Civ.App. P., 17B A.R.S., contends that Stem's failure to cite or discuss the legislative history of A.R.S. § 44-1351(1) in his opening brief means he has waived this argument and essentially conceded that the legislature intended to exclude hearing aids from the definition of "assistive device.” Because the trial court specifically relied on the legislative history in reaching its conclusion, this court could accept Stein's failure as a concession. See In re Marriage of Pownall, 197 Ariz. 577, n. 5, 5 P.3d 911, 917 n. 5 (App.2000) (arguments raised for first time in reply brief are generally deemed waived). But, in our discretion, we consider his statutory construction arguments based on legislative history.