Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction?
California, United States of America
The following excerpt is from Kaura v. Compass Bank, E069080 (Cal. App. 2019):
"Although erroneous instructions may always be challenged on appeal (Code Civ. Proc. 647 . . . ), a party may not argue on appeal that the court failed to give a specific instruction when that party did not request such instruction. [Citations.]" (Hilts v. Solano County (1968) 265 Cal.App.2d 161, 171.)
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