Transworld Systems, Inc. v. Rogan

WALLIN, J., Dissenting

I disagree with the majority’s conclusion that a defendant must bear the onerous burden of conclusively establishing the truth or falsity of a matter of public record within the statutory time for answering a verified complaint. While the majority blithely asserts a defendant may easily contact the appropriate public agency by telephone or letter, the reality is not so simple. Anyone who has tried to elicit information from a public agency is likely to have experienced the frustration of unanswered questions unless he knew in advance exactly which agency, department,…