Deer Valley Unified Sch. Dist. v. Houser (McDonald)
In Deer Valley Unified Sch. Dist. v. Houser (McDonald), 214 Ariz. 293, 299,23, 152 P.3d 490, 496 (2007), the plaintiff alleged that her claim accrued in March 2005, and she filed a notice of claim in September 2005. 214 Ariz. at 294, 299-300,2, 23, 152 P.3d at 491, 496-97.
The supreme court held that the notice was substantively defective and because the statutory time in which to file a proper claim had expired, the claim was barred. Id. at 296-97, 299,10-11, 23, 152 P.3d at 493-94, 496.
Deer Valley relied on Falcon ex rel. Sandoval v. Maricopa County, 213 Ariz. 525, 527,10, 144 P.3d 1254, 1256 (2006), which held that if a notice of claim is not properly served within the statutory limits, a plaintiff's claim is barred by the statute and substantial compliance is insufficient. Falcon, 213 Ariz. at 527,10, 144 P.3d at 1256.
However, Falcon only dealt with proper service of a notice of claim, not whether a premature claim satisfies the requirement. Id. at 526,2, 144 P.3d at 1255.