Minute Entry - FYI Advisement to Parties

25F-H026-REL · Department of Real Estate - H/C · 2026-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jeremy R. Whittaker,

Petitioner,

vs.

The Val Vista Lakes Community Association,

Respondent.

No. 25F-H026-REL

Minute Entry

The undersigned Administrative Law Judge, having reviewed the documents Objection and Motion to Quash Subpoena Ad Testificandum as to Brian Solomon filed by Respondent July 29, 2025, Petitioner’s response to Respondent’s objection filed August 04, 2025, Objection to Subpoenas filed by Respondent January 22, 2026, Petitioner’s response to Respondent’s objection filed January 26, 2026, and Motion to Strike Petitioner’s Prehearing Memoranda on Issues 2-5 filed by Respondent January 28, 2026, makes the following minute entry:

IT IS ORDERED that Respondent’s motion to quash subpoena for Brian Solomon is denied.

IT IS FURTHER ORDERED that Respondent’s motion to quash subpoenas for Diana Ebertshauser and Brodie Hurtado is denied.

IT IS FURTHER ORDERED that Respondent’s motion to quash subpoena for Joshua Bolen, Esq. is granted.

IT IS FURTHER ORDERED that Respondent’s motion to quash subpoena for Jonathan Ebertshauser, Esq. is denied as moot. That subpoena was quashed effective July 14, 2025.

IT IS FURTHER ORDERED that Respondent’s motion to strike Petitioner’s prehearing memoranda is denied. Prehearing memorandums are not evidence, and the Tribunal is under no obligation to review or consider such in advance of hearing, during proceedings, and/or after the evidentiary record has been closed. There is no statute or rule that prohibits a party from submitting prehearing memoranda.

Done this day, January 28, 2026.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

Josh M. Bolen, Esq.

Ashley N. Turner, Esq.

CHDB Law, LLP, Counsel for Respondent

1400 E. Southern Ave., Ste. 400

Tempe, AZ 85282-5691

[email redacted]

Jeremy Whittaker, Petitioner

2103 E. Clipper Ln.

Gilbert, AZ 85234

[email redacted]

By: OAH Staff