CITY OF PHOENIX v. FIELDS

No. 1 CA-SA 07-0152.

193 P.3d 782 (2008)

CITY OF PHOENIX, a municipal corporation; City of Phoenix Employees' Retirement System Board, Petitioners, v. The Honorable Kenneth L. FIELDS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Mary Ann Perez, Lou Krafts, Sherry Gill, Nan Nelson, Dorothy Hansen, Eva Hernandez, Norma Veach, Lillie Dye, Nefretari Salahdeen, Teresa Anderson, Elaine Stockton, Geraldine Martinez, Maria Montoya, Pauline Hodges, Violet Todd, Martha Martinez, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

As Amended May 6, 2008.

Review Granted September 23, 2008.


Attorney(s) appearing for the Case

J. Mark Ogden, R. Shawn Oller, J. Greg Coulter, Littler Mendelson, P.C. Phoenix, Attorneys for Petitioner, City of Phoenix.

Marc R. Lieberman, Paige A. Martin, Jennifer L. Kraham, Kutak Rock LLP, Attorneys for Petitioner, City of Phoenix Employees' Retirement System Board.

Jennings, Strouss & Salmon, P.L.C. by Philip A. Robbins, Peter W. Sorensen, Paul G. Johnson, Phoenix, Attorneys for Real Parties in Interest.


OPINION

HALL, Judge.

¶ 1 The City of Phoenix (the City) seeks special action review of the superior court's order denying its motion for summary judgment.1 The City requested judgment in its favor on damages, arguing that the notice of claim submitted by the class action plaintiffs, the real parties in interest, did not contain a specific amount for which the claim could be settled...

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