Is a defendant's failure to file a verified denial of a release?
California, United States of America
The following excerpt is from Hofland v. Gustafson, 132 Cal.App.2d Supp. 907, 282 P.2d 1039 (Cal. Super. 1955):
It is true as claimed by respondent, that although the genuineness and due execution of the release were admitted by her failure to file a verified denial, she is not precluded by that fact from asserting any defense she may have, including the [132 Cal.App.2d Supp. 909] legal effect of the release and failure of consideration. Sproul v. Cuddy, 1955, 131 Cal.App.2d 85, 280 P.2d 158.
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