ARIZONA COURT OF APPEALS

Chappell v. Wenholz, CV 10-0234, February 8, 2011.

Summary judgment for defendants reversed. Where defendants both beat and kicked plaintiffs, adequate evidence existed of a conscious agreement to commit the intentional tort to satisfy A.R.S. § 12-2506(D)(1), and defendants were jointly and severally liable for acting in concert. No evidence of spoken words or defense admission is required. [The opinion makes no reference to the indivisible injury rule, which suggests this theory may not have been raised in the case. Ed.]

Turner v. Flagstaff, CV 10-0172, February 22, 2011.

An A.R.S. § 12-821.01 notice of claim is invalid when it incorrectly states that the owner of the claim is an individual when the claim in reality is owned by a limited liability company of which the individual is the president and owner. Defendant's motion to dismiss was properly granted, but the case was remand to determine whether plaintiff may cure the defect by amending the notice (the trial court never ruled on plaintiff's motion for leave to amend).