Kulshrestha

Certified for Partial Publication.

BLEASE, Acting P.J.

Plaintiff Dheeraj Kulshrestha appeals from a judgment of dismissal entered after the trial court granted the summary judgment motion of defendant First Union Commercial Corporation (First Union). Plaintiff's complaint alleged First Union was liable for promissory fraud and wrongful termination in connection with plaintiffs hiring and subsequent termination of employment.

Plaintiffs evidence in response to First Union's motion for summary judgment primarily consisted of his own declaration. The declaration did not comply with Code of Civil Procedure section 2015.5 in that it was executed outside California and did not state it was signed "under penalty of perjury under the laws of the State of California." The trial court sustained First Union's objection to the declaration and granted First Union's summary judgment motion.

On appeal plaintiff claims the declaration substantially complied with the California declaration requirements and presented triable issues of fact on each cause of action.

In the published portion of the opinion [1] we conclude that compliance with section 2015.5 [2] is necessary to subject the signer…