Pinnacle Gas Resources, Inc. v. Diamond Cross Properties, LLC

¶35 I concur in the result of the Court’s Opinion on the narrow facts of this case. I do not agree with all that is said, however.

¶36 As to Issue 1, there is no question that Pinnacle’s complaint was not properly verified. It has been well settled for decades that verification “on information and belief’ is defective because the affiant is not swearing to and signing the document on personal knowledge of the facts attested to. Saunders Cash-Way, etc. v. Herrick, 179 Mont. 233, 587 P.2d 947 (1978); see also § 1-5-602(5), MCA. Here, the trial court was generous in allowing Pinnacle to cure its…