That defense, like other affirmative defenses detailed in Rule 12(h)(1), may be waived either by a party’s filings or by a party’s conduct. Read v. Moe, 899 F.Supp.2d 1024, 1028-29 (9th Cir. 2012). A party need not actually file an answer or motion to make an appearance for purposes of Rule 12(h). Peterson v. Highland Music, Inc., 140 F.3d 1313, 1318 (9th Cir. 1998).