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PLLC

Opinions & Memorandums

Case No. CV2007-007955
Appeal from the Superior Court in Maricopa County
Court addresses validity and effect of a settlement agreement (Damron Agreement), arising out of a personal injury action, involving the primary contractor and its excess insurance carrier.  Court of Appeals rules in favor of Zapata's client.


Case No. CV2006-015007 and CV2006-015096
Appeal from the Superior Court in Maricopa County
At issue is an arbitration agreement governed by the Rules of the American Arbitration Association (“AAA”), which grants the arbitrator the power to determine the “existence, scope or validity of the arbitration agreement.”  Court of Appeals rules in favor of Zapata's client.


Case No. CV2009-011402
Appeal from the Superior Court in Maricopa County
Reverses the trial court’s judgment and remands for proceedings consistent with this decision.  Question of fact regarding whether a settlor of a trust may shield assets from creditors by depositing them with a trust. Court of Appeals rules in favor of Zapata's client.


Case No. PB2008-051037 and CV2008-054709
Appeal from the Superior Court in Maricopa County
Reverses the trial court's summary judgment and remands to trial court.  Appeal from the probate court's ruling that the proceeds of a life insurance policy paid to the Trust as beneficiary were not statutorily protected from the reach of the estate's creditor's.  Agrees that A.R.S. s 20-1131(A) protects insurance proceeds pad to the Trust, but holds there was no clear effective waiver of that protection in the Trust language.  Court of Appeals rules in favor of Zapata's client.


Case No. PB2008-000210
Appeal from the Superior Court in Maricopa County
Court of Appeals affirms trial court judgment entered against Respondent awarding the Estate $940,000 in restitution as well as attorneys’ fees, costs and interest, and ordering that Respondent forfeit all interest in the Estate, which found decedent a vulnerable adult. Court of Appeals rules in favor of Zapata's client.