Court Sets Aside Default Judgment When Plaintiff Made No Attempt to Contact Defendant Electronically

The Arizona Court of Appeals earlier this month upheld the setting aside of a default judgment when the evidence showed that the plaintiff served the defendant by publication only even though he knew her email address, phone number, and how to contact the defendant through social media. In Ruffino v. Lokosky, the court agreed with the lower court “that modern methods of communication, especially email, were more likely to give [the defendant] notice of a suit than publication in a … Continued

Tardy Parent at Termination Hearing Can Still Testify

Under Arizona law, an Arizona court may terminate a mother or father’s parental rights under a number of circumstances, including abandonment, neglect or willful abuse or even prolonged or continuing drug or alcohol abuse, if the court finds that termination is in the best interests of the child. And, under an Arizona statute, if a parent fails to attend the termination hearing after being warned of the consequences, the court may find that the parent has waived his or her … Continued

Court of Appeals Sets Aside Employee’s Wrongful Discharge Claim

The Arizona Court of Appeals has set aside a $375,000 award to a former City of Surprise police sergeant after finding that she failed to pursue her claim under the Arizona Civil Rights Act. In a decision filed earlier this month, Petersen v City of Surprise, the appellate court noted that evidence at trial showed that the former police sergeant Alicia Peterson had been subjected to sexually abusive harassment. In one instance, she testified that she needed help in the … Continued