Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct?

California, United States of America

The following excerpt is from Marriage of Lionberger, In re, 158 Cal.Rptr. 535, 97 Cal.App.3d 56 (Cal. App. 1979):

On the question of waiver, the majority relies upon Sabella v. Southern Pac. Co. (1969) 70 Cal.2d 311, 74 Cal.Rptr. 534, 449 P.2d 750, in which it was held that, in a personal injury action, defendant had waived the right to object on appeal to plaintiff-counsel's trial misconduct by failing to object to such counsel's trial misconduct and failing to request the trial court to admonish the jury to disregard such misconduct.

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