CALLAN v. BERNINI

No. 2 CA-SA 2005-0085.

141 P.3d 737 (2006)

Robert CALLAN and Jane Doe Callan, husband and wife; City of Tucson, a municipal corporation and a governmental subdivision of the state, by and through its Tucson Police Department; Richard Miranda and Jane Doe Miranda, husband and wife; David Azuelo and Jane Doe Azuelo, husband and wife; Arnold Lopez and Jane Doe Lopez, husband and wife; John Stamatopoulos and Jane Doe Stamatopoulos, husband and wife; Robert Shoun and Jane Doe Shoun, husband and wife; and Mark Tempf and Jane Doe Tempf, husband and wife, Petitioners, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Luis A. Pimber and Cynthia D. Pimber, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

March 22, 2006.


Attorney(s) appearing for the Case

Kimble, Nelson & Audilett, P.C. by Daryl A. Audilett and Rebecca Parker-Perry, Tucson, Attorneys for Petitioners.

Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., by James W. Stuehringer, Tucson, Attorneys for Real Parties in Interest.


OPINION

ESPINOSA, Presiding Judge.

¶ 1 Petitioners Robert Callan, the City of Tucson, and various employees of the City and their spouses (collectively, Callan) seek special action relief from the respondent judge's denial of their motion for summary judgment in the negligence action brought against them by real parties in interest, Luis and Cynthia Pimber. In the motion, relying on A.R.S. § 23-1022(D) and an intergovernmental agreement...

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