CDQ Secures Dismissal Of Employment Claims – Twice
Dan Dowd, Betsy Lamm and Kaysey Fung obtained dismissal of a breach of contract, unpaid wages and retaliation claims against the Arizona Board of Regents (ABOR) based on the plaintiff’s failure to file a notice of claim in compliance with A.R.S. § 12-821.01. On May 12, 2021, the Pima County Superior Court entered judgment dismissing the breach of contract and implied covenant without prejudice based on the plaintiff’s failure to file a notice of claim prior to initiating litigation that encompassed the claims asserted in the complaint. The Court further dismissed the retaliation claim with prejudice under Rule 12(b)(6). In June 2021, the plaintiff filed a new complaint against ABOR based on a September 2020 notice of claim asserting breach of contract and unpaid wages. In October 2021, the Court again dismissed the plaintiff’s complaint based on non-compliance with the strict requirements of A.R.S. § 12-821.01; specifically, the plaintiff’s failure to identify within the notice of claim a specific amount for which plaintiff would have settled his claim.