Another Notice of Claim case via special action. Since Deer Valley Unified School District v. Houser, 214 Ariz. 293, 152 P.3d 490 (February 26, 2007), courts enforce A.R.S. 12-821.01 by requiring notice within 180 days from when the cause of action accrues, and the notice must include a sum certain for which the claim can be settled. Dozens of cases have been dismissed because a plaintiff has failed to comply with the statute. Here, plaintiff’s counsel demanded $1,000,000 or the city’s applicable policy limits, whichever is greater.  This is not a sum certain, and the court of appeals grants special action relief and tells the trial court to dismiss the case. Plaintiff tried to fix this months later by resubmitting and removing the words “or the city’s applicable policy limits.”  The late compliant notice did not cure the defect, and nothing justified applying the discovery rule. One interesting point which may reach beyond a notice of claim. If any demand letter asks for “applicable policy limits” when the plaintiff has no specific knowledge of those limits, is this a valid offer?

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