Falcon Ex Rel. Sandoval v. Maricopa Cnty., 144 P.3d 1254 (Ariz. 2006). · Go Syfert
Falcon Ex Rel. Sandoval v. Maricopa Cnty., 144 P.3d 1254 (Ariz. 2006). Cases Citing This Book View Copy Cite
221 citation events (221 in the last 25 years) across 4 distinct courts.
Strongest positive: Hetzel v. Pinal, County of (azd, 2025-03-05)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Hetzel v. Pinal, County of (2×) also: Cited as authority (quoted)
D. Ariz. · 2025 · quote attribution · 2 verbatim quotes · confidence high
actual notice 13 and substantial compliance do not excuse failure to comply with the statutory requirements 14 of ... 12-821.01(a).
discussed Cited as authority (verbatim quote) Victor Sanchez-Ravuelta Janette Dodge v. Yavapai County Town of Dewey-Humboldt
Ariz. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements . . . .
discussed Cited as authority (verbatim quote) Humphrey v. State
Ariz. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements.
discussed Cited as authority (verbatim quote) Humphrey v. State
Ariz. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements.
discussed Cited as authority (verbatim quote) Jacobs v. Mihcs
Ariz. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements.
discussed Cited as authority (verbatim quote) Ibeabuchi v. Penzone
Ariz. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements of a.r.s. 12-821.01(a).
examined Cited as authority (verbatim quote) Brent Quade v. Arizona Board of Regents (3×) also: Cited as authority (quoted)
9th Cir. · 2017 · quote attribution · 3 verbatim quotes · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements of a.r.s. 12-821.01(a).
examined Cited as authority (verbatim quote) Allstate Life Insurance v. Robert W. Baird & Co. (2×) also: Cited as authority (quoted)
D. Ariz. · 2010 · quote attribution · 2 verbatim quotes · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements.
examined Cited as authority (verbatim quote) Beynon v. TREZZA (4×) also: Cited as authority (quoted), Cited as authority (rule)
Ariz. Ct. App. · 2009 · quote attribution · 2 verbatim quotes · confidence high
actual 224 notice and substantial compliance do not excuse failure to comply with the statutory requirements of a.r.s. 12-821.01(a).
examined Cited as authority (verbatim quote) Havasupai Tribe of the Havasupai Reservation v. Arizona Board of Regents (4×) also: Cited "see"
Ariz. Ct. App. · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
actual notice and substantial compliance do not excuse failure to comply with the statutory requirements of a.r.s. 12-821.01(a).
discussed Cited as authority (quoted) mesa/williams v. Hon ryan/rogers
Ariz. · 2024 · quote attribution · 1 verbatim quote · confidence low
strict compliance with . . . 12-821.01(a) is generally required.
discussed Cited as authority (quoted) Brian L Finkel v. State of Arizona
Ariz. · 2024 · quote attribution · 1 verbatim quote · confidence low
strict compliance with . . . 12-821.01(a) is generally required.
cited Cited as authority (rule) WEBB v. KNIGHT
Ariz. Ct. App. · 2026 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 530, ¶ 27 (2006).
cited Cited as authority (rule) Girard v. Maricopa, County of
D. Ariz. · 2025 · confidence medium
Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. 2006) (“With 26 respect to municipal corporations such as cities and towns, the mayor is statutorily 27 denominated the chief executive officer.
cited Cited as authority (rule) Aikens v. Sahuarita, Town of
D. Ariz. · 2025 · confidence medium
Sandoval v. Maricopa Cnty., 9 144 P.3d 1254, 1256 (Ariz. 2006)).
discussed Cited as authority (rule) Joel Ball v. City of Scottsdale
9th Cir. · 2025 · confidence medium
Sandoval v. Maricopa County, 144 P.3d 1254, 1256 (Ariz. 2006) (en banc) (“Actual notice and substantial compliance do 3 not excuse failure to comply with the statutory requirements of A.R.S. § 12- 821.01(A).”); Yahweh v. City of Phoenix, 400 P.3d 445 , 447 (Ariz. Ct. App. 2017) (“[t]he claim is barred if the claimant fails to present a valid settlement offer” in the notice of claim); Ariz. R.
cited Cited as authority (rule) Cobb v. Mohave, County of
D. Ariz. · 2025 · confidence medium
Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. Ct. 25 App. 2006 ). 26 An assertion that the plaintiff has not complied with the notice-of-claim statute is 27 an affirmative defense.
discussed Cited as authority (rule) Ring v. Chandler, City of
D. Ariz. · 2025 · confidence medium
“Actual notice and substantial compliance do not 14 excuse failure to comply with the statutory requirements of A.R.S. § 12-821.01(A).” 15 Falcon v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. Ct. App. 2006). 16 Plaintiff’s SAC provides that “Plaintiff submitted a claim to the Board of 17 Supervisors for the City of Chandler.” (Doc. 27 at 4).
discussed Cited as authority (rule) Olivas v. Yavapai
Ariz. Ct. App. · 2024 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 527, ¶ 10 (2006). ¶25 Because the February 2022 NOC did not contain facts sufficient to permit the County to understand the basis on which liability was claimed with respect to the claims alleged in the complaint, it did not comply with Section 12-821.01(A). ¶26 A notice of claim must be served within 180 days after the cause of action accrues.
discussed Cited as authority (rule) Rogut v. Surprise
Ariz. Ct. App. · 2024 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 10 (2006). ¶26 Under A.R.S. § 12-821, “[a]ll actions against any public entity or public employee shall be brought within one year after the cause of action accrues.” “[A] cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage.” A.R.S. § 12-821.01(B); see also Dube v. Likins, 216 4 Rogut also suggests that the Parents’ Bill of Rights excludes the use of “any affirma…
cited Cited as authority (rule) Stevens v. Arizona, State of
D. Ariz. · 2024 · confidence medium
Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. Ct. App. 2006). 11 Asserting that a plaintiff has not complied with the notice of claim statute is an affirmative 12 defense.
discussed Cited as authority (rule) Wallschlaeger v. the Hogle Firm
Ariz. Ct. App. · 2023 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 530-31, ¶¶ 30, 35 (2006) (affirming summary judgment in favor of defendant county because plaintiffs “did not properly serve” notice of claim on person authorized to accept service).
cited Cited as authority (rule) brooks/phoenix v. Hon. Agne
Ariz. Ct. App. · 2022 · confidence medium
Sandoval v. Maricopa Cty., 213 Ariz. 525, 527, ¶ 10 (2006).
cited Cited as authority (rule) Crick v. Globe, City of
D. Ariz. · 2022 · confidence medium
Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. Ct. 7 App. 2006 ). 8 An assertion that the plaintiff has not complied with the notice-of-claim statute is 9 an affirmative defense.
cited Cited as authority (rule) William Ellis v. Salt River Project
9th Cir. · 2022 · confidence medium
Sandoval v. Maricopa County, 144 P.3d 1254, 1256 (Ariz. 2006)).
cited Cited as authority (rule) Hernandez v. Maricopa County Community College District
D. Ariz. · 2022 · confidence medium
Sandoval v. Maricopa Cty., 144 P.3d 1254, 1256 (Ariz. 2006) (en banc). 22 Plaintiff makes two arguments as to why the Court should consider her state law 23 claims as timely.
discussed Cited as authority (rule) Neff v. Risen (2×)
Ariz. Ct. App. · 2021 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 10 (2006). ¶9 Neff argues that the NOC sufficiently complied with A.R.S. § 12-821.01 for her claim.
discussed Cited as authority (rule) Yellowman v. Vanderwey (2×)
Ariz. Ct. App. · 2021 · confidence medium
Falcon v. Maricopa County, 213 Ariz. 525, 527, ¶ 10 (2006). ¶9 The notice-of-claim statute applies to all “claims” against public entities, except for claims in eminent domain cases for just compensation.
discussed Cited as authority (rule) Machowicz v. Maricopa, County of
D. Ariz. · 2021 · confidence medium
“Actual notice and substantial 18 compliance do not excuse failure to comply with the statutory requirements.” Falcon ex rel. 19 Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. 2006). 20 Plaintiff does not contend or demonstrate that Williams was served personally or at 21 her dwelling or usual place of abode with someone of a suitable age.
examined Cited as authority (rule) Stuart v. Scottsdale, City of (3×) also: Cited "see"
D. Ariz. · 2021 · confidence medium
Sandoval v. Maricopa 18 County 144 P.3d 1254, 1256 (Ariz. 2006) (citation omitted). 19 State officers and employees sued in their official capacity are immune from 20 lawsuits seeking money damages.
discussed Cited as authority (rule) Hauser v. Smith
D. Ariz. · 2021 · confidence medium
“Actual notice and substantial compliance do not excuse 2 failure to comply with the statutory requirements of . . . § 12-821.01(A).” Falcon ex rel. 3 Sandoval v. Maricopa Cnty., 144 P.3d 1254, 1256 (Ariz. Ct. App. 2006). 4 An assertion that the plaintiff has not complied with the notice-of-claim statute is 5 an affirmative defense.
discussed Cited as authority (rule) Medley v. State (2×) also: Cited "see"
Ariz. Ct. App. · 2021 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 530, ¶ 27 (2006) (explaining Rule 4.1 requires service on an authorized agent and “not on someone whose usual practice is to forward the claim to the [authorized agent]”). ¶12 Here, the State provided an uncontroverted declaration from Michael Gottfried that stated he has no memory nor record of receiving the July 12 letter from Medley, confirmed he is “not authorized to accept notice of claims on behalf of the Attorney General,” and explained that, in an unrelated matter, he had previously advised Medley that he was not authorized to accept…
discussed Cited as authority (rule) Spectrum Pacific West LLC v. Yuma, City of
D. Ariz. · 2020 · confidence medium
“If a notice of claim is not properly filed 13 within the statutory time limit, a plaintiff’s claim is barred by statute.” Falcon ex rel. 14 Sandoval v. Maricopa County, 144 P.3d 1254, 1256 (Ariz. 2006).
cited Cited as authority (rule) Rosenkrantz v. Arizona Board of Regents
D. Ariz. · 2020 · confidence medium
Sandoval v. 17 Maricopa Cty., 144 P.3d 1254, 1256 (Ariz. 2006).
discussed Cited as authority (rule) Green v. Arizona Board of Regents
D. Ariz. · 2020 · confidence medium
Sandoval v. Maricopa Cty., 144 P.3d 1254, 1256 (Ariz. 2006). 26 Defendants assert that Plaintiff’s state law claims accrued at the latest on December 27 13, 2017, when Defendant Rund upheld Plaintiff’s expulsion.
cited Cited as authority (rule) Andrich v. Kostas
D. Ariz. · 2020 · confidence medium
“If a notice of claim is not properly 5 filed within the statutory time limit, a plaintiff’s claim is barred by statute.” Falcon ex rel. 6 Sandoval v. Maricopa Cty., 144 P.3d 1254, 1256 (Ariz. 2006).
discussed Cited as authority (rule) Ellis v. Salt River Project Agricultural Improvement and Power District
D. Ariz. · 2020 · confidence medium
“The purpose of [§ 12-821.01’s] notice requirement is to allow the 26 public entity or employee to ‘investigate and assess liability,’ to ‘permit the possibility of 27 settlement prior to litigation,’ and to ‘assist the public entity in financial planning and 28 budgeting.’” Payne, 2009 WL 3756679 , *11 (quoting Falcon v. Maricopa Cty, 213 Ariz. 1 525, 527 , 144 P.3d 1254, 1256 (2006)).
cited Cited as authority (rule) McCarthy v. Scottsdale Unified School District No. 48
D. Ariz. · 2019 · confidence medium
Sandoval v. Maricopa County, 144 P.3d 1254, 1256 (Ariz. 2006).
discussed Cited as authority (rule) Sweet v. Mesa, City of
D. Ariz. · 2019 · confidence medium
Thus, 28 Defendants’ discussion of whether a special relationship exists between police and crime victim’s members under these circumstances is orthogonal to the IIED claim. 1 Under this statutory scheme, “[a]ctual notice and substantial compliance do not excuse 2 failure to comply with the . . . requirements of A.R.S. § 12–821.01(A).” Falcon ex rel. 3 Sandoval v. Maricopa Cnty., 213 Ariz. 525 , 527 144 P.3d 1254, 1256 (2006). 4 The Court previously denied the dismissal against Officer Langley because 5 questions of fact exist as to whether MPD was authorized to accept service on hi…
discussed Cited as authority (rule) Sweet v. Mesa, City of
D. Ariz. · 2019 · confidence medium
Thus, 28 Defendants’ discussion of whether a special relationship exists between police and crime victim’s members under these circumstances is orthogonal to the IIED claim. 1 Under this statutory scheme, “[a]ctual notice and substantial compliance do not excuse 2 failure to comply with the . . . requirements of A.R.S. § 12–821.01(A).” Falcon ex rel. 3 Sandoval v. Maricopa Cnty., 213 Ariz. 525 , 527 144 P.3d 1254, 1256 (2006). 4 The Court previously denied the dismissal against Officer Langley because 5 questions of fact exist as to whether MPD was authorized to accept service on hi…
discussed Cited as authority (rule) Hees v. Maricopa
Ariz. Ct. App. · 2018 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 528, ¶¶ 16 , 5 HEES, et al. v. MARICOPA COUNTY Decision of the Court 34 (2006) (holding that the Board of Supervisors is the proper entity to serve under Rule 4.1).
cited Cited as authority (rule) Villasenor v. Evans
Ariz. Ct. App. · 2016 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 527, ¶ 9 , 144 P.3d 1254 (2006).
discussed Cited as authority (rule) Luis Acosta v. City of Phoenix
9th Cir. · 2015 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525 , 144 P.3d 1254, 1256 (2006) (en banc) (“Actual notice and substantial compliance do not excuse failure to comply with the statutory requirements of [Ariz.Rev.Stat.] § 12-821.01(A).”); Barth v. Cochise County, Arizona, 213 Ariz. 59 , 138 P.3d 1186, 1190 (Ct.App.2006) (compliance with the terms of both Ariz.Rev.Stat. §§ 23-1502 and 12-821.01 is required before filing a construc-five discharge action against a public entity).
discussed Cited as authority (rule) Allen v. scf/morris (2×)
Ariz. Ct. App. · 2015 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 9 , 144 P.3d 1254, 1256 (2006).
examined Cited as authority (rule) McCcd v. Hon talamante/arvizu (3×)
Ariz. Ct. App. · 2015 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 527, ¶ 9 , 144 P.3d 1254, 1256 (2006) (quoting Martineau v. Maricopa Cnty., 207 Ariz. 332, 335-36, ¶ 19 , 86 P.3d 912, 915-16 (App. 2004)); Yollin v. City of Glendale, 219 Ariz. 24, 28-29, ¶ 11 , 191 P.3d 1040, 1044-45 (App. 2008). ¶10 Failure to comply with the statute is not excused by a defendant’s actual notice or substantial compliance by a claimant.
examined Cited as authority (rule) Iknadosian v. Mahon (3×)
Ariz. Ct. App. · 2014 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 527, ¶ 10 , 144 P.3d 1254, 1256 (2006).
discussed Cited as authority (rule) Patterson v. State (2×)
Ariz. Ct. App. · 2014 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 526, ¶ 5 , 144 P.3d 1254, 1255 (2006) (quoting A.R.S. § 12-821.01.A) (internal quotation marks omitted).
examined Cited as authority (rule) Drew v. Prescott Unified School District (4×) also: Cited "see"
Ariz. Ct. App. · 2013 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 9 , 144 P.3d 1254, 1256 (2006) (quoting Martineau v. Maricopa County, 207 Ariz. 332, 335-36, ¶ 19 , 86 P.3d 912, 915-16 (App.2004)); Yollin, 219 Ariz. at 28-29, ¶ 11 , 191 P.3d at 1044-45 . ¶ 12 Subsection (E) of the statute plainly states that the claim — which necessarily includes the claimant’s specific offer to accept a sum certain in settlement — is not deemed denied until sixty days after filing unless the public entity denies the claim in writing before the sixty-day period expires.
examined Cited as authority (rule) Flood Control District v. Paloma Investment Ltd. Partnership (3×)
Ariz. Ct. App. · 2012 · confidence medium
Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 10 , 144 P.3d 1254, 1256 (2006), in support of its argument.
discussed Cited as authority (rule) Canyon Del Rio Investors, L.L.C. v. City of Flagstaff (2×)
Ariz. Ct. App. · 2011 · confidence medium
Sandoval v. Maricopa Cnty., 213 Ariz. 525, 527, ¶ 10 , 144 P.3d 1254, 1256 (2006).
Retrieving the full opinion text from the archive…
Guadalupe FALCON, Deceased, by and Through Her Surviving Children Antonio SANDOVAL, Jr.; Guadalupe Pratt; Lydia Sandoval; Francisco Sandoval; Aurora Sandoval; Jose Sandoval; Reynaldo Sandoval; Alfredo Sandoval, Plaintiffs-Appellants,
v.
MARICOPA COUNTY, a Body Politic; Maricopa Integrated Health Care System, D/B/A Maricopa County Medical Center, an Arizona Hospital, Defendants-Appellees
CV-06-0106-PR.
Arizona Supreme Court.
Oct 26, 2006.
144 P.3d 1254
Robbins & Curtin, P.L.L.C. by John M. Curtin, Phoenix, Victoria Graver Curtin, P.L.C. by Victoria Curtin, Scottsdale, Attorneys for Antonio Sandoval, Jr., Guadalupe Pratt, Lydia Sandoval, Francisco Sandoval, Aurora Sandoval, Jose Sandoval, Reynaldo Sandoval, and Alfredo Sandoval., Andrew P. Thomas, Maricopa County Attorney by Bruce P. White, Deputy County Attorney, Phoenix, Attorneys for Maricopa County and Maricopa Integrated Health Care System, d/b/a Maricopa County Medical Center., Jones Skelton & Hochuli P.L.C. by Eileen Dennis GilBride, Phoenix, Attorneys for Ami-ci Curiae Apache County, Cochise County, Coconino County, Gila County, Graham County, Greenlee County, La Paz County, Mohave County, Navajo County, Pima County, Pinal County, Santa Cruz County, Yava-pai County, Yuma County, City of Phoenix, The Arizona School Board Association, The Arizona School Risk Retention Trust, and The League of Arizona Cities and Towns.
Ryan, McGregor, Berch, Hurwitz, Bales.
Cited by 94 opinions  |  Published
5 passages pin-cited by 6 cases
Pinpoint authority: #17,936 of 633,719
Citer courts: Arizona Supreme Court (2) · D. Arizona (2) · Court of Appeals of Arizona (1) · Ninth Circuit (1)

OPINION

RYAN, Justice.

¶ 1 Before suing a public entity for damages, a plaintiff must file a notice of claim “with the person or persons authorized to accept service for the public entity ... as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues.” Ariz.Rev.Stat. (“A.R.S.”) § 12-821.01(A) (2003). If the public entity is a county, the persons authorized to accept service under Arizona Rule of Civil Procedure 4.1(i) are either “the chief executive officer, the secretary, clerk, or recording officer thereof.”

¶ 2 This case requires us to decide whether delivery of a notice of claim to one member of a county board of supervisors complies with A.R.S. § 12-821.0KA) and Rule 4.1(i). We hold that the board of supervisors is the chief executive officer of the county for purposes of Rule 4.1(i) and that delivering a notice of claim to only one member of the board does not comply with the requirements of either the statute or the rule.

I

¶ 3 Guadalupe Falcon died after receiving care at Maricopa Medical Center, a facility owned and operated by Maricopa County. The Falcon children (“plaintiffs”) decided to sue Maricopa County, among others, for medical malpractice.

¶ 4 Attempting to comply with A.R.S. § 12-821.01(A), the plaintiffs sent a notice of claim letter by certified mail to Supervisor Andrew Kunasek, a member of the Maricopa County Board of Supervisors. The receipt for the certified letter was signed for by an agent of the county authorized to sign for such mail. The letter was apparently lost at an undetermined point. The record does not disclose whether the letter was delivered to Supervisor Kunasek’s office. Had the letter been so delivered, the office policy would have been for Mr. Kunasek’s secretary to forward it to the clerk of the board of supervisors.

¶ 5 After failing to receive a response to their notice of claim letter, the plaintiffs filed a lawsuit against Maricopa County. Maricopa County subsequently filed a motion for summary judgment contending that the plaintiffs had not served a notice of claim on a “person or persons authorized to accept service for the [county] ... as set forth in the Arizona rules of civil procedure.” A.R.S. § 12-821.01(A). The superior court granted summary judgment in favor of the county. The plaintiffs appealed, asserting that delivery of a certified letter to one member of the board of supervisors satisfies the requirements of A.R.S. § 12-821.0KA) and Rule 4.1(i).

¶ 6 The court of appeals, in a divided opinion, reversed and held that service on one member of the board satisfies Rule 4.1(i). Falcon v. Maricopa County, 212 Ariz. 144, 148, ¶ 17, 128 P.3d 767, 771 (2006). The majority first held that the board of supervisors of Maricopa County is its chief executive officer. Id. at 147, ¶ 11, 128 P.3d at 770. The majority then held that Rule 4.1(i) allows a board of supervisors to be “served through one member of the board.” Id. at 148, ¶ 15, 128 P.3d at 771. In so concluding, the majority relied heavily on Rules 4.1(j) and (k), which it read as allowing service on a multi-person entity through service on one member of the entity. Id. at 147-48, ¶¶ 15-16, 128 P.3d at 770-71.

¶ 7 Judge Orozco dissented. She agreed with the majority that the board of supervisors of Maricopa County is its chief executive officer. Id. at 149, ¶¶ 19, 21, 128 P.3d at 772. She did not think, however, that other subsections of Rule 4.1 should inform the court’s interpretation of Rule 4.1(i). Id. at ¶¶ 24-25. In addition, Judge Orozco concluded that the majority’s holding did not harmonize A.R.S. § 12-821.01(A) with Rule 4.1(i). Id. at ¶ 22.[*527] She concluded that service on one member of the board was insufficient to comply with the statute and the rule. Id. at 149, ¶ 21, 128 P.3d at 772.

¶ 8 We granted Maricopa County’s petition for review because the court of appeals’ interpretation of Rule 4.1(i) has important legal and practical consequences for political subdivisions of the State. We have jurisdiction under Article 6, Section 5(3), of the Arizona Constitution and A.R.S. § 12-120.24 (2003).

II

¶ 9 The notice of claim requirements in A.R.S. § 12-821.01 serve “to allow the public entity to investigate and assess liability, to permit the possibility of settlement prior to litigation, and to assist the public entity in financial planning and budgeting.” Martineau v. Maricopa County, 207 Ariz. 332, 335-36, ¶ 19, 86 P.3d 912, 915-16 (App.2004). A notice of claim must therefore contain a statement of the facts that establish the basis for liability and an amount for which the claim can be settled. A.R.S. § 12-821.01(A).

¶ 10 If a notice of claim is not properly filed within the statutory time limit, a plaintiffs claim is barred by statute. Salerno v. Espinoza, 210 Ariz. 586, 589, ¶ 11, 115 P.3d 626, 629 (App.2005). Actual notice and substantial compliance do not excuse failure to comply with the statutory requirements of A.R.S. § 12-821.01(A). See Martineau, 207 Ariz. at 335, ¶¶ 15, 17, 86 P.3d at 915.

¶ 11 The plaintiffs contend that when they sent their notice of claim to Mr. Kunasek, a member of the board of supervisors, they complied with Rule 4.1(i). Maricopa County, on the other hand, argues that delivery of a notice of claim to a single member of the board does not comply with the rule. Alternatively, the county and amici, which include various Arizona counties, cities, and school boards, assert that the Maricopa county manager, not the board of supervisors, is the county’s “chief executive officer.”

¶ 12 To decide whether service upon one member of a county board of supervisors satisfies Rule 4.1(i), we must first determine whether the board of supervisors is the “chief executive officer” of the county. If the whole board is the chief executive officer, we must then decide whether service upon one member of that body satisfies Rule 4.1(i).

Ill

A

¶ 13 Rule 4.1(i) does not define the term “chief executive officer.” With respect to municipal corporations such as cities and towns, the mayor is statutorily denominated the chief executive officer. A.R.S. § 9-236 (1996); id. § 9-273(B) (Supp.2005). But with other governmental subdivisions, such as counties and school boards, the statutes do not specifically identify the chief executive officer.

¶ 14 “Executive” is generally defined as “[t]he branch of government responsible for effecting and enforcing laws; the person or persons who constitute this branch.” Black’s Law Dictionary 610 (8th ed.2004). An officer is “[a] person who holds an office of trust, authority, or command.” Id. at 1117. The word “chief’ means “[a] person who is put above the rest; the leader.” Id at 253. A chief executive officer, therefore, is the individual or entity that controls, supervises, and has the ultimate responsibility for ensuring the proper function of a governmental entity. Based upon the statutory powers and duties of a board of supervisors, we conclude that a county’s board of supervisors is its chief executive officer.

¶ 15 The board’s powers include supervising county officers, A.R.S. § 11-251(1) (Supp. 2005); levying taxes, id. § 11-251(12); maintaining and controlling public roads, ferries and bridges, id. § 11-251(4); providing for county hospitals, id. § 11-251(5); erecting jails and courthouses, id. § 11-251(8); “[making] and enforc[ing] all local, police, sanitary and other regulations not in conflict with general law,” id. § 11-251(31); and purchasing real property, id. § 11-251(45). Most importantly for purposes of this case, the board has the power to “[d]ireet and control the prosecution and defense of all actions to which the county is a party, and compromise them.” Id. § 11-251(14).

[*528] ¶ 16 Because the board of supervisors has general supervisory powers and policy-making responsibility for the county, including the direction and control of lawsuits against the county, we agree with the court of appeals that the board is the chief executive officer of the county. See Falcon, 212 Ariz. at 147, ¶ 11, 128 P.3d at 770; see also Blauvelt v. County of Maricopa, 160 Ariz. 77, 79, 770 P.2d 381, 383 (App.1988) (concluding that “[t]he chief executive officer or body of Maricopa County is the board of supervisors”).

¶ 17 Like the court of appeals, we reject the argument that the county manager of Maricopa County is its chief executive officer. See Falcon, 212 Ariz. at 146, ¶ 9, 128 P.3d at 769. The Board of Supervisors created the position of county manager. See Maricopa County Bd. of Supervisors Minutes, January 2, 1953. The county manager’s duties include “coordinat[ing] and control[ling] all administrative branches of said County under the direction and control of the Board of Supervisors.” Id. (emphasis added). The resolution creating the county manager position cautioned, however, that “nothing in this resolution shall be construed as a delegation of the statutory or implied powers of the Board of Supervisors of Maricopa County.” Id. The county manager is appointed by the board and “serve[s] at the will of the board.” Maricopa County Admin. Manual, § A1501(B)(2) (Nov.1991). The county manager, accordingly, is plainly not the chief executive officer of the county; rather, the board remains ultimately responsible for ensuring the proper operation of county government. See id. § A1501(B)(1). Finally, a county manager is not a statutory officer listed in A.R.S. § 11—401(A) (2001), and not all counties have county managers. Consequently, treating a county manager as the chief executive officer of a county would create confusion for claimants in determining the “person or persons authorized to accept service for the public entity.” A.R.S. § 12-821.0KA). [1]

¶ 18 Because we hold that the board of supervisors is the chief executive officer of a county, we now turn to the question of whether the board of supervisors may be served through one of its members.

B

¶ 19 The plain language of Rule 4.1(i) requires service on the chief executive officer, and the parties agree that Mr. Kunasek, as a member of the board, is not the chief executive officer of the county. Thus, the issue is whether service on one member of the board is service on all for purposes of the rule.

¶ 20 Although the individual members of the board are officers of the county, A.R.S. § 11-401(A)(7), the board cannot exercise its executive power except through collective action of the majority of the board because the county board of supervisors is a “public body.” A.R.S. § 38-431(6) (2001). “All legal action of public bodies shall occur during a public meeting.” A.R.S. § 38-431.01(A) (2001). “ ‘Legal action’ means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body’s charter, bylaws or specified scope of appointment and the laws of this state.” A.R.S. § 38-431(3).

¶ 21 Individual supervisors do not have the power to “[d]irect and control the prosecution and defense of all actions to which the county is a party, and compromise them.” A.R.S. § 11-251(14). Delivery of a notice of claim to only one board member does not further the purpose of A.R.S. § 12-821.01(A) by providing the county the opportunity to consider the claim and possibly settle it. See Falcon, 212 Ariz. at 149, ¶ 23, 128 P.3d at 772 (Orozco, J., dissenting). Therefore, serving one member of the board does not constitute service on the “chief executive officer” of a county for the purposes of Rule 4.1(i).

C

¶ 22 The court of appeals’ majority opinion nevertheless found three reasons to support[*529] its decision that serving a notice of claim on one member of the board suffices for purposes of Rule 4.1(i). First, it examined language in subsections (j) and (k) of Rule 4.1, which describe how to serve entities other than those listed in subsection (h) or (i). Falcon, 212 Ariz. at 147-48, ¶ 15, 128 P.3d at 770-71. Reliance on these two subsections to interpret Rule 4.1(i) was misplaced.

¶ 23 Three subsections of Rule 4.1 address the proper method for service upon government entities. Rule 4.1(h) governs service upon the state. [2] Rule 4.1(i) describes the method of service on counties, municipal corporations, or other governmental subdivisions. Rule 4.1(j) directs the method of service on governmental entities not listed in either subsection (h) or (i). Specifically, Rule 4.1 (j) states:

Service upon any governmental entity not listed above shall be effected by serving the person, officer, group or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” responsible for the administration of the entity shall be sufficient.

Id. (emphasis added). By its plain language, Rule 4.1(j) does not apply here. Because the requirements for serving a county are specifically set forth in Rule 4.1(i), Rule 4.1(j) has no relevance in determining the proper person to be served when a claim is made against a county. Similarly, Rule 4.1(k) is not applicable because it describes the procedure for serving corporations, partnerships, or other unincorporated associations, not governmental entities.

¶ 24 Second, the court of appeals cited its “duty to liberally construe procedural rules that do not speak to a set of facts,” so as not to create a trap for the unwary. Falcon, 212 Ariz. at 148, ¶ 16, 128 P.3d at 771 (citing Nielson v. Patterson, 204 Ariz. 530, 533, ¶ 13, 65 P.3d 911, 914 (2003) (suggesting that courts should not construe ambiguous rules of civil procedure restrietively)). This rule of interpretation, however, does not apply because Rule 4.1(i) plainly lists the entities or persons who are authorized to accept service on behalf of a county.

¶ 25 Third, the court of appeals noted that serving only one member of the board adequately accomplishes the purposes of A.R.S. § 12-821.01(A), which include putting the county on notice and giving it an opportunity to resolve forthcoming claims. Falcon, 212 Ariz. at 148, ¶ 16, 128 P.3d at 771. Serving one member of the board of supervisors, however, does not fulfill the purposes of the notice-of-claim statute. As this case illustrates, service of a notice of claim upon a single member of a multi-member political entity does not necessarily result in successful notice to the entity as a whole, which is the point of A.R.S. § 12-821.01(A) and Rule 41(0.

¶26 Finally, the rule fashioned by the majority below could create serious problems for other political subdivisions covered by Rule 4.1(i). An interpretation of Rule 4.1(i) that “service may validly be completed on an individual member of a governing board has the potential for numerous problems, unintended or otherwise, considering the part-time nature of many of these positions.” Falcon, 212 Ariz. at 149, ¶ 26, 128 P.3d at 772 (Orozco, J., dissenting). Many of the part-time members of political subdivisions, such as school boards, may not appreciate the significance of a notice of claim or realize that such a claim must be acted upon within sixty days. See A.R.S. § 12-821.01(E) (“A claim against a public entity or public employee ... is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.”). Moreover, the individual served may have no reason to think that he or she was the only member served, and so might not think it necessary to inform others. As a result, interpreting Rule 4.1(i) to permit filing of a notice of claim on a single member of a multi-member chief executive officer of such political subdivisions could undermine the purposes of A.R.S. § 12-821.01(A).

[*530] IY

¶27 The plaintiffs nevertheless contend that they properly filed their notice of claim with the clerk of the board of supervisors because Mr. Kunasek’s office policy was to forward the letter to the board’s clerk. We reject this argument as speculative; the rule requires service on the board, not on someone whose usual practice is to forward the claim to the board.

¶ 28 The plaintiffs rely on Creasy v. Coxon, 156 Ariz. 145, 750 P.2d 90S (App.1987) [3] , in asserting that service on an agent of the correct party is sufficient. But Kunasek is not an agent of the board; he is a member of the board.

¶ 29 In Creasy, the court of appeals held that serving a notice of claim on the offices of the President and Vice-President of Central Arizona Community College was sufficient to effect service, even though neither had the notice “placed directly” in his hands. Id. at 147—48, 750 P.2d at 905-06. The court further stated that “[i]f a claimant can establish that delivery was made to the appropriate office of the person or agent described in Rule 4(d) [now Rule 4.1(i)], that is sufficient to show that the notice of claim was properly delivered.” Id. at 148, 750 P.2d at 906.

¶ 30 Creasy does not apply here because the plaintiffs did not deliver their notice of claim to the office of a person or entity listed in Rule 4.1(i). The plaintiffs’ notice of claim letter was addressed to Supervisor Kunasek directly and, as discussed above, Mr. Kuna-sek is not an authorized person to accept service for the county under Rule 4.1(i). Thus, the plaintiffs did not deliver their notice of claim to the chief executive officer or the office of the chief executive officer of Maricopa County. In addition, they did not deliver their notice of claim to the clerk of the board of supervisors or the office of the clerk. Therefore, the plaintiffs did not properly serve the clerk of the board of supervisors.

¶ 31 The plaintiffs also contend that they relied on Arizona case law, specifically Blau-velt, 160 Ariz. at 79, 770 P.2d at 383, and Maricopa County v. Arizona Tax Court, 162 Ariz. 64, 69, 781 P.2d 41, 46 (App.1989), in sending their notice of claim directly to Supervisor Kunasek. They assert that these cases support their contention that service on an individual member of the board of supervisors is sufficient under Rule 4.1(i). These cases simply do not support this interpretation, however.

¶ 32 Blauvelt did not address the proper method of service for the board of supervisors; rather, it addressed whether filing a notice of claim with the county recorder satisfied Rule 4.1(i)’s predecessor, Rule 4(d)(8). 160 Ariz. at 79-80, 770 P.2d at 383-84. Blauvelt held that the county recorder was not authorized under Rule 4(d)(8) to accept service on behalf of the county because the term “thereof’ at the end of the clause referred to the board of supervisors (the chief executive officer), not to the county itself. Id. at 80, 770 P.2d at 384. In the course of its analysis, the court stated that “[t]he earliest intention [of prior service statutes] ... was that suits against counties be served upon the board (the chairman or a member) or, in their absence, upon the board’s clerk.” Id. at 79, 770 P.2d at 383 (emphasis added). This language, however, is not the holding of the case. In fact, it was not even a statement of current law, but merely a statement of what the court believed was the intent of the 1928 version of the law. Id. The plaintiffs’ reliance on this dictum was not reasonable.

¶ 33 Similarly, the language the plaintiffs point to in Arizona Tax Court is simply a repetition of the dictum from Blauvelt. 162 Ariz. at 69, 781 P.2d at 46. Arizona Tax Court involved taxpayers who improperly filed notices of appeal with the Maricopa County Attorney’s Office, but later corrected their mistake and served the clerk of the board of supervisors. Id. at 66, 781 P.2d at[*531] 43. The court permitted this claim to go forward after the taxpayers had properly filed their notices of appeal with the clerk of the board. Id. at 70, 781 P.2d at 47. This holding in Arizona Tax Court does not require a finding that serving an individual member of the board satisfies Rule 4.1(i).

V

¶ 34 In sum, the chief executive officer of a county for purposes of Rule 4.1(i) is the board of supervisors. Therefore, delivery of a notice of claim to one member of the board does not comply with either the statute or the rule, and such a procedure does not serve the purposes of A.R.S. § 12-821.01(A).

VI

¶ 35 For the foregoing reasons, we vacate in part the opinion of the court of appeals and affirm the judgment of the superior court.

CONCURRING: RUTH V. McGREGOR, Chief Justice, REBECCA WHITE BERCH, Vice Chief Justice, ANDREW D. HURWITZ and W. SCOTT BALES, Justices.
1

. Maricopa County has specifically authorized the clerk of the hoard of supervisors to accept filings of notices of claims. See Maricopa County Risk Management, Notice of Claim Form Against Maricopa County 3, http://ww w.marico-pa.gov/Clk_board/pdl7Claimfonn_Notice.pdf (last visited Oct. 24, 2006) (stating specifically that the notice of claim, form should be returned to the clerk of the board of supervisors and providing no alternate address or means of service). The plaintiffs did not serve their claim on the clerk of the board.

2

. Rule 4.1 (h) provides: "If a waiver has not been obtained and filed, service upon the state shall be effected by delivering a copy of the summons and of the pleading to the attorney general."

3

. Creasy was decided under the previous version of A.R.S. § 12-821.01(A), which stated that "[p]ersons who have claims against a public entity or public employee shall file such claims in the same manner as that prescribed in the Arizona Rules of Civil Procedure, Rule 4(D) within twelve months after the cause of action accrues.” A.R.S. § 12-821 (Supp.1985). Although Creasy did not refer to a specific subsection of Rule 4(d), former Rule 4(d)(8) is a nearly verbatim version of current Rule 4.1(i). See 16 A.R.S. Rules Civ. Proc., Rule 4(d)(8) (1987).