West motion (Arizona) · Go Syfert
← Arizona issues

West motion in Arizona

6 Arizona opinions name it 1 courts 2014–2026 2 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Old West Bonding Co.green
arizctapp · 2002 · cited in 3 Arizona opinions naming this issue, 2014–2020
2 sentences

2020Old West, 203 Ariz. at 475, ¶ 26 . ¶10 Here, Appellants do not dispute that Arias-Saldana failed to appear for the second day of trial, and they instead underscore an absence of evidence regarding the Old West factors.

2014Old West, 203 Ariz. at 475, ¶ 26 , 56 P.3d at 49 . ¶13 The record does not reflect the trial court was unaware of the Old West factors, ignored evidence, or misinterpreted the applicable rules.

33
State of Arizona v. International Fidelity Insurance Co. and Regulator Bail Bondsgreen
arizctapp · 2015 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020See Int’l Fid., 238 Ariz. at 25, ¶ 9 . ¶11 The court then considered and weighed the Old West factors and found “insufficient evidence in mitigation or hardship.” Although DDI asserts “no factor carries more weight than the effort and expense expended by the surety to locate and apprehend the defendant,” Old West does not indicate this factor outweighs the rest.

11
Orme School v. Reevesgreen
ariz · 1990 · cited in 1 Arizona opinions naming this issue, 2016–2016
2 sentences

2016P. 56(a); Orme Sch. v. Reeves, 166 Ariz. 301, 305 , 802 P.2d 1000, 1004 (1990). ¶10 Valenzuela argues that the trial court abused its discretion in granting West’s motion for summary judgment because she never received West’s request for admissions; thus, in her view, the court erred in relying upon the facts deemed admitted by her failure to respond. ¶11 To support her contention that she never received the Rule 36 requests, Valenzuela relies on a letter and mail log that lists her incoming mail at the Buckeye facility.

2016P. 56(a); Orme Sch. v. Reeves, 166 Ariz. 301, 305 , 802 P.2d 1000, 1004 (1990). ¶10 Valenzuela argues that the trial court abused its discretion in granting West’s motion for summary judgment because she never received West’s request for admissions; thus, in her view, the court erred in relying upon the facts deemed admitted by her failure to respond. ¶11 To support her contention that she never received the Rule 36 requests, Valenzuela relies on a letter and mail log that lists her incoming mail at the Buckeye facility.

11
Berry v. Robotkagreen
arizctapp · 1969 · cited in 1 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Berry v. Robotka, 9 Ariz. App. 461, 466 , 453 P.2d 972, 977 (1969) (stating that the opponent to a motion for summary judgment cannot simply rest on her pleadings, but instead must “come forward with a showing that there is competent evidence so as to create a factual issue for the trier of fact”). ¶14 Accordingly, on this record, the trial court did not abuse its discretion in granting West’s motion for summary judgment.

2016See Berry v. Robotka, 9 Ariz. App. 461, 466 , 453 P.2d 972, 977 (1969) (stating that the opponent to a motion for summary judgment cannot simply rest on her pleadings, but instead must “come forward with a showing that there is competent evidence so as to create a factual issue for the trier of fact”). ¶14 Accordingly, on this record, the trial court did not abuse its discretion in granting West’s motion for summary judgment.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State of Arizona Ex Rel. Montgomery v. Hrach Shilgevorkyan green
ariz · 2014
1 sentence

2026See A.R.S. §§ 28-1381(A)(3), -1383(A)(3)(a); see also A.R.S. § 13-3401(4)(b); Shilgevorkyan, 234 Ariz. at 343 , ¶ 1 n.1.

12026–2026
State v. Rivera green
arizctapp · 2004
1 sentence

2021In rejecting West’s claim, the court noted that Klokic’s multiple-acts analysis could apply to an alternative-means statute if the State “charges the defendant with one offense . . . “and then alleges multiple, distinct acts as to the separate means.” Id. at 494, ¶ 40. ¶16 Attempting to avoid its error here, the State cites State v. Rivera, 207 Ariz. 69 (App. 2004), and argues that because A.R.S. § 28-1381 is an alternative-means statute, Klokic’s multiple-acts analysis is inapplicable.

12021–2021
Delmastro & Eells v. Taco Bell Corp. green
arizctapp · 2011
1 sentence

2016The court noted that an extension to September 21 had already been granted; accordingly, the court took no action concerning the latest request. 9 Valenzuela filed an untimely response to the motion for summary judgment on the same day the court issued its order. 4 VALENZUELA v. WEST Decision of the Court 134, 137 n.2, ¶ 7, 263 P.3d 683 , 686 n.2 (App. 2011).

12016–2016

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-2101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 40 (2011–2026) GA 15 (1987–2026) TX 13 (1960–2026) OH 11 (1998–2022) IA 7 (1995–2026) WA 7 (2008–2026) AZ 6 (2014–2026) WI 6 (1993–2024) IN 5 (1974–2026) PA 5 (1968–2022) MT 5 (1985–2016) FL 4 (1988–2022) DE 4 (2016–2026) IL 3 (1890–2017) UT 3 (1994–2025) MO 3 (1998–2018) KY 3 (2020–2025) OK 2 (1975–2007) LA 2 (1991–1996) MS 2 (1967–2023) NJ 2 (1998–2018) NC 2 (2020–2020) MN 2 (1978–2000) AK 2 (1996–2007) NM 2 (1999–1999) KS 2 (1992–2019) NY 2 (2011–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check