Does a plaintiff have a right to challenge the outcome of a motion to dismiss the motion on appeal on the basis of the statute of limitations?
California, United States of America
The following excerpt is from Estate of Jones v. Harris, C077183 (Cal. App. 2016):
An appellant who does not timely raise an issue like an applicable statute of limitations in the trial court forfeits the right to challenge the outcome on the basis of that issue on appeal. (See, e.g., People v. Snow (2013) 219 Cal.App.4th 1148, 1151; People v. Valtakis (2003) 105 Cal.App.4th 1066, 1068.) Here, appellant did not argue in the trial court that a statute of limitations barred respondent's motion. He therefore forfeited the claim on appeal.
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