The court in In re Shelly J. (1998) 68 Cal.App.4th 322 , concluded that Code of Civil Procedure section 430.80, subdivision (a) does not apply to dependency actions. ( Id. at p. 328.) Rather, the court stated: "California Rules of Court, rule 39 provides that rules governing criminal cases and appeals apply to juvenile proceedings unless otherwise specified. Accordingly, juvenile cases are governed by Penal Code section 1012, which provides that the failure to demur to defective pleadings waives the defect." (Ibid.)