GENERAL LEGAL PRINCIPLES; WAIVER – Failure to Timely Raise Affirmative Defense

Single Topic for Decision A475E

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“PERB recognizes and adheres to the policy that litigation shall not be had in a piecemeal fashion, so that when a party has a particular claim or defense in a pending cause of action, it must assert it in those proceedings, or it will be waived.” [Citation.] Since the employer never raised the issue of an allegedly indispensable party during the proceedings leading to the Board’s previous decision and order, it forfeited that claim and was barred from raising it during compliance proceedings. (p. 13.)