Appellate Practice
Apr. 17, 2026
Appeals court revives lawsuit after judge rejects unsigned declaration defect
An appellate court revived a student's harassment lawsuit, ruling a judge improperly excluded evidence over a curable defect and clarifying protections for clinical students under FEHA and notice requirements state.
A San Bernardino County judge abused his discretion by throwing out a McNicholas & McNicholas attorney's declaration and exhibit because he had not signed "under penalty of perjury," a Court of Appeal has found.
Such errors are "curable defects" and refusing to allow a fix improperly undermined the plaintiff's ability to oppose a summary judgment motion, the 4th District Court of Appeal panel said in an opinion issued Tuesday.
The unanimou...
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