1 1.

Upon information and belief, Deny Paragraph 1 of the Counterclaim and assert that
2 Mr. Hart has told the State of Arizona that he is a resident of Montana.
3 2. Admit the allegations contained in Paragraph 2 of the Counterclaim.
4 3. Admit the allegations contained in Paragraph 3 of the Counterclaim.
5 4. Admit the allegations contained in Paragraph 4 of the Counterclaim.
6 5. Admit the allegations contained in Paragraph 5 of the Counterclaim.
7 6. No answer necessary.
8 COUNT ONE
9 (Breach of Contract)
10 7. Admit the allegations contained in Paragraph 7 of the Counterclaim.
11 8. Admit the allegations contained in Paragraph 8 of the Counterclaim.
12 9. Admit the allegations contained in Paragraph 9 of the Counterclaim.
13 10. Admit the allegations contained in Paragraph 10 of the Counterclaim.
14 11. Deny the allegations contained in Paragraph 11 of the Counterclaim.
15 12. Deny the allegations contained in Paragraph 12 of the Counterclaim.
16 13. Deny the allegations contained in Paragraph 13 of the Counterclaim.
17 14. As to Paragraph 14, Admit only that A.R.S. § 12-341 does apply to this litigation.
18 Under such statute, only the “prevailing party” is entitled to apply for reasonable
19 attorneys’ fees and taxable costs.
20 COUNT TWO
21 (Declaratory Relief)
22 15. Counterdefendants incorporate their responses and defenses contained herein in
23 response to Paragraph 15.
24 16. Deny the allegations contained in Paragraph 16 of the Counterclaim. Paragraph 15
25 of the Lease states that before starting “legal action” to recover possession of the
26 premises based on Tenants default, Landlord must “notify Tenant in writing” of the

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1 default and that Landlord will take “legal action” only if Tenant does not correct the
2 default within ten (10) days after written notice is given or mailed.
3 17. As to Paragraph 17 of the Counterclaim, Admit only that Exhibit B was received by
4 Counterdefendants and dated November 9, 2019 but Deny that it was given or
5 mailed on that date.
6 18. As to Paragraph 18 of the Counterclaim, Admit only that Exhibit C was received.
7 Affirmatively allege that Exhibit C, by its own terms, relates to a residence not the
8 commercial premises covered by Exhibit A.
9 19. Deny the allegations contained in Paragraph 19 of the Counterclaim. Exhibit B does
10 not mention any roof repair or “mold problem” caused by a roof leak. Affirmatively
11 state that (1) the need to repair the roof was occasioned by Counterclaimants’ own
12 repair people who were not licensed and performed the work without getting a
13 permit; that the subsequent repair of the roof was already being done by
14 Counterdefendants at the time of receipt of Exhibit B; and that completion of the
15 roof repair was held up by rain; (2) the water and sewer charges were, in part, for a
16 period of time before the Lease was signed; were not presented for payment before
17 receiving Exhibit B; and include water and sewer charges for property other than
18 the leased premises; (3) the labor and materials include those that were in process
19 by Counterclaimant before the Lease was signed in orderto entice Counterclaimants
20 to lease the premises; and include work done on property other than the leased
21 premises; (4) Exhibit B did not require “repair” of the electrical, only that the
22 contractor’s license of the person who “repaired” the electrical panel be provided
23 and that the leaky roof was the cause of the necessity to replace the electrical and
24 that the electrical was replaced at Counterdefendants’ expense; (5) no mold problem
25 was found by a qualified company; and (6) all insurance policies had been
26 previously furnished to Counterclaimants’ agent in a timely manner.

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1 20. As to Paragraph 20, Admit that Exhibit D was posted on the doors of the leased
2 premises but Deny that there was any default by Counterdefendants to support its
3 issuance and physical lock-out by Counterclaimant.
4 21. Admit the allegations contained in Paragraph 21 of the Counterclaim.
5 22. Deny the allegations contained in paragraph 22 of the Counterclaim. Under A.R.S.
6 § 12-1831, et seq., the court can only “construe” the lease in rendering a declaratory
7 judgment, not decide whether or not it has been breached or whether the “lock-out”
8 was proper.
9 23. Deny the allegations contained in paragraph 23 of the Counterclaim.
10 24. Deny the allegations contained in paragraph 24 of the Counterclaim.
11 25. As to Paragraph 25, Admit only that A.R.S. § 12-341 does apply to this litigation.
12 Under such statute, only the “prevailing party” is entitled to apply for reasonable
13 attorneys’ fees and taxable costs.
14 COUNT THREE
15 (Breach of Contract)
16 26. Counterdefendants incorporate their responses and defenses contained herein in
17 response to Paragraph 26.
18 27. Deny the allegations contained in paragraph 27 of the Counterclaim.
19 28. Deny the allegations contained in paragraph 28 of the Counterclaim.
20 29. Deny the allegations contained in paragraph 29 of the Counterclaim.
21 30. Deny the allegations contained in paragraph 30 of the Counterclaim.
22 31. As to Paragraph 31, Admit only that A.R.S. § 12-341 does apply to this litigation.
23 Under such statute, only the “prevailing party” is entitled to apply for reasonable
24 attorneys’ fees and taxable costs.
25 COUNT FOUR
26 (Breach of Good Faith & Fair Dealing)

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1 32. Counterdefendants incorporate its responses and defenses contained herein in
2 response to Paragraph 32.
3 33. Admit the allegations contained in paragraph 33 of the Counterclaim.
4 34. Deny the allegations contained in paragraph 34 of the Counterclaim.
5 35. Deny the allegations contained in paragraph 35 of the Counterclaim.
6 36. As to Paragraph 36, Admit only that A.R.S. § 12-341 does apply to this litigation.
7 Under such statute, only the “prevailing party” is entitled to apply for reasonable
8 attorneys’ fees and taxable costs.
9 WHEREFORE, having answered Counterclaimants’ Counterclaim, Counterdefendants
10 hereby pray that this court dismiss and deny the Counterclaim; award Counterdefendants’ their
11 costs of court and reasonable attorneys’ fees incurred herein; and for such other and further relief
12 as the court deems just and proper.
13 RESPECTFULLY SUBMITTED this 11th day of February, 2020.
14 THE EAGLEBURGER LAW FIRM
15
By: /s/ G. Gregory Eagleburger
16 G. Gregory Eagleburger
11201 N. Tatum Blvd., Suite 300
17 Phoenix, AZ 85028
Attorneys for Plaintiffs/Counterdefendants
18
19 The original electronically filed using the
TurboCourt system this 11th day of February, 2020
20
and copies electronically served on:
21
Kenneth E. Moyer
22
Law Office of Kenneth E. Moyer, PLLC
23 1845 McCulloch Blvd., Suite A-10
Lake Havasu City, AZ 86403
24
25
By: Jill M. Robinson
26

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