DARRAGH v. SUPERIOR CT. IN & FOR CTY. OF MARICOPA

No. 1 CA-SA 95-0005.

183 Ariz. 79 (1995)

900 P.2d 1215

Charles L. DARRAGH and Jane Doe Darragh, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; The Honorable Thomas Dunevant, III, a judge thereof, Respondent Judge, Mike MICHAEL, a single man; Bonnie Michael, a single woman; and Alice Michael, a single woman, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

July 25, 1995.


Attorney(s) appearing for the Case

Graham & Associates, Ltd. by Michael A. Graham, Karen L. Westover, Phoenix, for petitioners.

Fogel and Lamber, P.A. by Dennis M. Lamber, Phoenix, for real parties in interest.


OPINION

WEISBERG, Judge.

Petitioner Charles L. Darragh seeks special action relief from the trial court's denial of his motion for summary judgment in which he asserted that he is entitled to judicial witness immunity from the claims of Real Parties in Interest, Bonnie, Alice, and Mike Michael (the "Michaels"). To resolve this question, we must decide whether the City of Phoenix ("City") was "seriously contemplating litigation" when Petitioner prepared two...

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