If a party fails to raise an issue or theory in the trial court, can consideration be forfeited on appeal?
California, United States of America
The following excerpt is from Cabatit v. Sunnova Energy Corp., 274 Cal.Rptr.3d 720, 60 Cal.App.5th 317 (Cal. App. 2020):
If a party fails to raise an issue or theory in the trial court, we may deem consideration of that issue or theory forfeited on appeal. ( City of Cerritos v. State of California (2015) 239 Cal.App.4th 1020, 1046, 191 Cal.Rptr.3d 611.)
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