Does an unverified pleading constitute an affidavit competent to prove the facts stated therein?

California, United States of America


The following excerpt is from Lundgren v. Superior Court, 111 Cal.App.3d 477, 168 Cal.Rptr. 717 (Cal. App. 1980):

[111 Cal.App.3d 485] The Lundgren parties have placed emphasis on the fact that the cross-complaint was unverified. In the context of the record here that is immaterial. It is true that a verified pleading may constitute an affidavit competent to prove the facts stated therein and that an unverified pleading has no such evidentiary value. (Sheard v. Superior Court (1974) 40 Cal.App.3d 207, 212, 114 Cal.Rptr. 743.) But it does not follow that an unverified pleading must be ignored. The existence of the unverified cross-complaint here is a material fact, in that it defines the cause of action, the nature of which has some bearing upon the decision whether it is fair and reasonable to require the nonresident parties to appear and defend in this state. But the pleader has no burden of proving the truth of the allegations constituting the causes of action in order to justify the exercise of jurisdiction over nonresident parties.

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