Does a party who fails to alert the trial court to an issue that has been left unresolved on appeal have a right to continue to argue on appeal?

California, United States of America


The following excerpt is from Orange Cnty. Soc. Servs. Agency v. H.M. (In re G.M.), G053980 (Cal. App. 2017):

"'Appellate courts are loath to reverse a judgment on grounds that the opposing party did not have an opportunity to argue and the trial court did not have an opportunity to consider. [Citation.] In our adversarial system, each party has the obligation to raise any issue or infirmity that might subject the ensuing judgment to attack.'" (Natkin v. California Unemployment Ins. Appeals Bd. (2013) 219 Cal.App.4th 997, 1011.) "'"The purpose of this rule is to encourage parties to bring errors to the attention of the trial court, so that they may be corrected." [Citation.]'" (Ibid.) "Issues presented on appeal must actually be litigated in the trial courtnot simply mentioned in passing." (Ibid.) Therefore, a "party who fails to alert the trial court to an issue that has been left unresolved forfeits the right to raise that issue on appeal." (Araiza v. Younkin (2010) 188 Cal.App.4th 1120, 1127.)

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