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BOWEN PRODUCTIONS, INC. v. FRENCH

No. 1 CA-SA 12-0220.

296 P.3d 87 (2013)

BOWEN PRODUCTIONS, INC., Petitioner, v. The Honorable Colleen L. FRENCH, Judge Pro Tem of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge Pro Tem, Evans & Sutherland Computer Corporation, Real Party in Interest.

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

January 24, 2013.

Attorney(s) appearing for the Case

Welsh Law Group by Kenneth W. Welsh, Keely Verstegen, Phoenix, Attorneys for Petitioner.

Lewis and Roca LLP by Frances J. Haynes, Robert G. Schaffer, Phoenix, Attorneys for Real Party in Interest.

OPINION

SWANN, Judge.

¶ 1 This special action asks whether a notice of nonparty at fault that lacks substantial factual allegations is nonetheless valid when the defendant's disclosure statements reveal the basis for the nonparty's putative fault. Here, the superior court struck such a notice without taking into account the content of a previously served expert disclosure. We hold that when a notice specifically identifies a nonparty at fault, and timely...

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