Last week I had a Zoom consult with Tucson consumer attorney Christine Ferraris and it was worth the $125.

She would be willing to file a class action with the support of the National Consumer Law Center, I emailed them last Thursday night and am awaiting their response.

After all this time of trying to get a lawsuit organized, I finally found out that we need to file a notice of claim with the DES.   It’s a weird state law, requiring this notice prior to litigation against public entities.

If they don’t respond after 2 months, the claim is deemed declined and THEN you can sue.

Your claim notice has to be filed within 180 days “after the cause of action accrues” and here is the ARS 12-821:

https://www.azleg.gov/ars/12/00821-01.htm

12-821.01. Authorization of claim against public entity, public school or public employee

A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.

B. For the purposes of this section, 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.

C. Notwithstanding subsection A, any claim that must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute resolution procedure, administrative claim process or review process. This subsection does not prevent the parties to any contract from agreeing to extend the time for filing such notice of claim.

D. Notwithstanding subsection A, a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases.

E. A claim against a public entity or public employee filed pursuant to this section 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.

F. This section applies to all causes of action that accrue on or after July 17, 1994.

G. If a genuine issue of material fact exists as to whether the requirements of this section have been complied with, the issue shall be resolved before a trial on the merits and at the earliest possible time.

H. This section does not apply to any claim for just compensation pursuant to chapter 8, article 2.1 of this title.

Here’s a 2020 AZ appeals court ruling, Case Law Update: Arizona Government Notice of Claims:

https://www.tysonmendes.com/case-law-update-arizona-government-notice-of-claims/

I know I’m ok with the deadlines and I will file my claim with respect to my issues with the DES failure to pay me anything because its website was / is dysfunctional AND about the federal benefits.

It would be really good if others also filed their claim notices! 

It is possible that this is the fastest way to actually get issues resolved.  It also requires that you include the SPECIFICS of your claim.

And, I don’t know yet HOW to file my claim notice.  I’ve been really busy working on my rental, sanding, painting, fixing stuff … And of course hauling lots of water for my organic micro farm and taking care of the orchard / garden / greenhouse.

My internet still sucks, with no way of finding out when I can get Starlink, preordered in March.  6 miles from my home it’s been available since at least March, but I can’t order at my home address.   I hate Musk with a passion.  T-Mobile sent an advertisement for home internet months ago, but it’s not available.  Why are they all just screwing with me?

So, I don’t have much time, hardly functioning internet, and I am often too tired late night when my internet works better.

Thanks to Dominick Corey and Eve Cragen trolling all over Facebook with their FALSE claims of filing a class action, nobody cares anymore.  Are these two MORONS getting paid by Ducey or are they demented?

I will update with more info on the claims as it’s CRITICAL that these claims are filed properly and immediately.

If just ONE other person could help a little with the legal crap, FIND the blank claim form with instructions or a filed claim notice to copy!

I’m not willing to pay more of MY money for legal advice.

I don’t even have a Labor Day booking yet.  My only booking is for February and it will likely be canceled.  My mostly foreign guests can’t even enter the country and due to Covid I can no longer accept 1-night rentals (the law) — while I’ve spent thousands of dollars to maintain the house.