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330 N D St, Ste 542, San Bernardino, CA 92401

“If the plaintiff fails to verify a complaint required by law to be verified or uses a defective form of verification, the effectiveness of the complaint is defeated and, if the verification cannot be obtained, the action or proceeding may be dismissed.1 The defense is technical; in all but a few cases, the verification can be supplied or amended to cure the deficiency.2 Nevertheless, there are circumstances in which the plaintiff cannot verify the allegations without perjury and, when ordered to do so on pain of dismissal, will dismiss or amend the allegations to omit significant points. Moreover, a plaintiff or petitioner may be unable to obtain a verification within the time required to obtain urgent relief such as a temporary restraining order or writ of mandate. In these instances, the defendant may be well served by raising the objection.”

[California Affirmative Defenses [certain citations omitted]]

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Post Author: lawofficesofjamesrdickinson