California, United States of America
The following excerpt is from Miller v. Mountain View Sav. & Loan Ass'n, 238 Cal.App.2d 644, 48 Cal.Rptr. 278 (Cal. App. 1965):
The matter is controlled by the rule set forth by this court in County of San Mateo v. Bartole (1960) 184 Cal.App.2d 422, at page 430, 7 Cal.Rptr. 569, at page 574, as follows: 'It had long been established in this state that the defense that an action is prematurely brought is a matter or abatement which must be pleaded in proper time or it is waived. Moreover, after this [238 Cal.App.2d 655] defect has ceased to exist, it cannot be interposed for the first time.'
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