Monday, December 1, 2014

In the instance where a verification of an Answer is required, California Civil Code of Procedure, Section 446, states that "when a corporat...

Question

In the instance where a verification of an Answer is required, California Civil Code of Procedure, Section 446, states that "when a corporation is a party, the verification MAY be made by any OFFICER thereof." The code section does not provide for verification by any one other than an officer of a corporate defendant (except in the limited circumstances where the attorney may verify). Does this mean that ONLY an officer of a corporation may verify an Answer? Or, can any employee verify on behalf of the corporation? I cannot find specific case law that addresses this point.



Answer

Try reading it emphasized this way, and I think you'll see the answer: "the verification may be made by ANY officer thereof." It must be an officer, but it can be ANY officer.



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