Metropolitan News-Enterprise


Monday, June 26, 2023


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C.A. Opinion Illustrates Distinction Between ‘Waiver,’ ‘Forfeiture’


By a MetNews Staff Writer


The distinction between “waiver” and “forfeiture” is illustrated by a decision of the Court of Appeal for this district in which both infirmities are found.

Defendant Harmeet Ahluwalia, appealing from a civil harassment restraining order imposed on her by Los Angeles Superior Court Commissioner Doreen B. Boxer, contended that she was not personally served with plaintiff Laura Aflalo’s moving papers.

In an unpublished opinion filed Thursday, Justice Victoria Chaney of Div. One said that Ahluwalia “cites nothing in the record to support” her claim that the process server committed perjury in declaring that he effected service,  and that the contention is therefore forfeited.

A jurisdictional defect is waived if not raised in the trial court, Chaney noted, and said that because it appears that Ahluwalia “did not raise the issue before the trial court,” she “has thus forfeited it on appeal.”

Chaney continued:

“Moreover, the record reflects, and Ahluwalia does not deny, that she appeared at and participated in the hearing.  By doing so, she waived any argument that the court lacked personal jurisdiction over her.”

The case is Aflalo v. Ahluwalia, B320338.


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