Burt v. Gerlak — Arizona appeals court upholds summary judgment against former partner’s property and tort claims

Case
Rebecca Jean Burt v. Jeffrey Alan Gerlak, et al.
Court
Arizona Court of Appeals, Division One
Judge
Veronika Fabian (Katie Hobbs, 2025)
Date Decided
August 3, 2026
Docket No.
1 CA-CV 25-0526
Topics
summary judgment; conversion; statute of limitations; relation back
Source
Read the full opinion

Background

Rebecca Burt sued Jeffrey Gerlak and his parents, Ronald and Betty Gerlak, after moving out of a home owned by Jeffrey’s parents. She alleged that the Gerlaks refused to return personal property, including a Mercedes titled in Jeffrey’s name that Burt claimed to own.

Burt later amended her complaint to add trespass to chattels and personal-injury claims against Jeffrey for intentional infliction of emotional distress, assault, battery, and false imprisonment. Those added claims were based on alleged domestic-violence incidents between February and April 2022. The superior court granted summary judgment for the Gerlaks. Burt appealed, arguing the court improperly failed to consider her evidence and pending motion.

The Court’s Holding

The Court of Appeals affirmed. The Gerlaks made a prima facie showing against the conversion and trespass-to-chattels claims through Burt’s deposition testimony: she had been allowed to retrieve her belongings and took everything that belonged to her; she had no evidence Ronald or Betty took her property; and the Mercedes was titled solely in Jeffrey’s name. Burt’s late summary-judgment response also lacked the required controverting statement of facts, and it did not identify specific facts creating a trial-worthy dispute.

The court also held that Burt’s personal-injury claims against Jeffrey were barred by Arizona’s two-year limitations period. Although Burt filed her original conversion complaint within two years of some alleged incidents, the later tort claims did not arise from the same conduct, transaction, or occurrence as the property-retention allegations and therefore did not relate back. Finally, the court found no error in entering final judgment without first resolving Burt’s Rule 60(b) motion because that rule applies after final judgment and does not affect a judgment’s finality.

Key Takeaways

  • A party opposing summary judgment must timely provide specific admissible facts showing a genuine dispute.
  • Vehicle title is prima facie evidence of ownership in evaluating claimed possessory rights.
  • New tort claims based on separate domestic-violence events do not relate back to an earlier property-conversion complaint.

Why It Matters

The decision illustrates that a late or procedurally deficient summary-judgment response will not preserve a case when the movant’s evidence establishes the absence of a material factual dispute. It also reinforces that relation back depends on the same underlying transaction or occurrence, not merely on a relationship between the parties.

The memorandum decision is not precedential under Arizona Supreme Court Rule 111(c).

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