Is a motion to set aside an award and judgment pursuant to section 473 of the Code of Civil Procedure permitted on appeal?

1 Appellants did not specifically raise this issue in the trial court; the only issue presented there was the availability of a motion to set aside the arbitrator's award and judgment pursuant to section 473 of the Code of Civil Procedure. Appellants would thus be precluded from raising this issue on appeal except that it presents a strict question of law based upon evidence presented to the trial court and contained in the record on appeal. Where a theory advanced for the first time on appeal "presents only a question of law arising from facts which are undisputed, appellate review is authorized." (People v. Mills (1978) 81 Cal.App.3d 171, 175, 146 Cal.Rptr. 411; see also People v. Butler (1980) 105 Cal.App.3d 585, 588, 164 Cal.Rptr. 475.)