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ZUBIA v. SHAPIRO

No. CV-16-0255-PR.

408 P.3d 1248 (2018)

Maria Carmen ZUBIA, Individually, and in Her Capacity as Trustee on Behalf of the Maria C. Pena Revocable Living Trust, Plaintiff/Appellant, v. David SHAPIRO, Individually, and as the Trustee of the Shapiro Trust Dated February 14, 2006; Ilana Shapiro a/k/a Illana Shapiro, Individually, and as Trustee of the Shapiro Trust Dated February 14, 2006, Defendants/Appellees.

Supreme Court of Arizona.

Filed January 12, 2018.

Attorney(s) appearing for the Case

Kyle A. Kinney (argued), Law Offices of Kyle A. Kinney, PLLC, Scottsdale, Attorney for Maria Carmen Zubia.

Patrick J. Davis , Nathaniel B. Rose (argued), Fidelity National Law Group, Phoenix, Attorneys for David and Ilana a/k/a Illana Shapiro

JUSTICE BRUTINEL authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES TIMMER, BOLICK, GOULD, and LOPEZ joined.

¶ 1 The issue in this case is whether a homeowner's failure to obtain injunctive relief under A.R.S. § 33-811(C) results in the waiver of her damages claim arising from a trustee's sale, where the homeowner alleges that her name was forged on the promissory note and deed of trust. We hold that failing...

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