Can a claim be waived in an action challenging the constitutionality of an administrative statute?

California, United States of America


The following excerpt is from Nassi v. Harwell, B286944 (Cal. App. 2019):

4. Such a claim may be waived regardless of whether it involves constitutional ramifications. (Lund v. California State Employees Assn. (1990) 222 Cal.App.3d 174, 183.) The same, however, "does not apply to an action challenging the constitutionality of the administrative agency's statute." (Ibid.)

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