Falcon ex rel. Sandoval v. Maricopa County

Summary

The Supreme Court of Arizona held that, for purposes of Arizona Rule of Civil Procedure 4.1(i) and Arizona's notice-of-claim statute, the county board of supervisors is the county's chief executive officer. It further held that delivering a notice of claim to only one board member does not constitute service on the board or comply with the statutory and procedural requirements. The court vacated part of the court of appeals' opinion and affirmed the superior court's judgment for Maricopa County.

Holdings

1. A county's board of supervisors is its chief executive officer for purposes of Arizona Rule of Civil Procedure 4.1(i).
2. Delivery of a notice of claim to only one member of a county board of supervisors does not constitute service on the county's chief executive officer and does not comply with A.R.S. § 12-821.01(A) or Rule 4.1(i).
3. The plaintiffs did not properly serve the county by addressing the notice to one supervisor or by relying on the supervisor's office's usual practice of forwarding correspondence to the board clerk.

Questions Presented

1. Whether the Maricopa County Board of Supervisors is the county's chief executive officer for purposes of Arizona Rule of Civil Procedure 4.1(i).
2. Whether delivery of a notice of claim to only one member of the board of supervisors constitutes service on the county under A.R.S. § 12-821.01(A) and Rule 4.1(i).
3. Whether the plaintiffs established proper service by relying on the usual practice of the supervisor's office to forward notices to the board clerk.

Disposition

vacated