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ZAMBRANO v. M & RC II LLC

No. CV-21-0205-PR.

517 P.3d 1168 (2022)

Tina ZAMBRANO, Plaintiff/Appellant, v. M & RC II LLC, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed September 28, 2022.

Attorney(s) appearing for the Case

Darrien Shuquem (argued), Vial Fotheringham, LLP, Mesa, Attorneys for Tina Zambrano.

James E. Holland, Jr. (argued), Michael Vincent , Stinson LLP, Phoenix, Attorneys for M & RC II LLC, et al.

Thomas L. Hudson , Joshua D. Bendor , Osborn Maledon, P.A., Phoenix, Attorneys for Amici Curiae Diamante Condominium Association and Kasdan Turner Thomson Booth LLP.

Rosary A. Hernandez , Kenneth Januszewski , Katelyn E. Towe , Burch & Cracchiolo, P.A., Phoenix, Attorneys for Amici Curiae Home Builders Association of Central Arizona and Southern Arizona Home Builders Association.

Jeremy R. Alberts , Ryan S. Saldanha , Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Las Vegas, NV, Attorneys for Amicus Curiae Home Buyers Warranty Corporation.

VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ, BEENE, and MONTGOMERY joined. JUSTICE KING, joined by JUSTICE BOLICK, dissented.

¶1 This case involves a clash of two public policies recognized by the common law. On the one hand, parties are generally free to contract on whatever terms they choose. See 1800 Ocotillo, LLC v. WLB Grp., Inc., 219 Ariz. 200, 202 ¶ 8,

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