Downtown Motors v. Tavassol-Kashani
Plaintiff filed an unverified first amended complaint seeking, inter alia, to quiet title to real property against the adverse claim of defendant and appellant Fariborz Tavassol Kashani (defendant). The case proceeded to trial without any objection by defendant that the first amended complaint was unverified. The trial court entered a judgment in favor of plaintiff.
On appeal from the judgment, defendant contends that plaintiffs failure to verify the first amended complaint, as required in quiet title actions under Code of Civil Procedure section 761.020,[1]was a jurisdictional defect that deprived the trial court of the power to enter a judgment of quiet title. Defendant further contends that because the judgment must be reversed, so too must the postjudgment order awarding plaintiff attorney fees.
Court hold that plaintiffs failure to verify the first amended complaint was merely a procedural not jurisdictional defect that defendant forfeited by failing to move to strike the first amended complaint and proceeding to trial without objection. Court therefore affirm the judgment and the postjudgment order awarding attorney fees.
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