McKeon v. Hastings College

In McKeon v. Hastings College (1986) 185 Cal. App. 3d 877, the defendant failed to raise the objection of indispensable party in his answer or in his demurrer. Further, the defendant failed to raise the issue at trial. (Ibid.) The appellate court concluded the defendant's failure to raise this objection in the trial court waived the objection on appeal. (Ibid.) The court noted: "'The failure to join an "indispensable" party is not "a jurisdictional defect" in the fundamental sense; even in the absence of an "indispensable" party, the court still has the power to render a decision as to the parties before it which will stand. It is for reasons of equity and convenience, and not because it is without the power to proceed, that the court should not proceed with a case where it determines that an "indispensable party" is absent and cannot be joined.'" ( Id. at p. 890.)