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

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1402.07000 – Failure to Timely Raise Affirmative Defense

Failure to file an answer constitutes an admission of the truth of the material facts alleged in the charge and a waiver of respondent’s right to a hearing, and precludes the assertion of affirmative defenses. (PERB Regulation 32644, subdivision (c); Regents of the University of California (2018) PERB Decision No. 2601-H, p. 14.) Thus, a respondent’s failure to establish good cause to excuse a late answer may result in a default judgment. (pp. 8, 15, fn. 5.)