Is a party who fails to alert the trial court to an issue that has been left unresolved forfeits the right to raise the issue on appeal?

California, United States of America


The following excerpt is from Chinese 6 Theaters v. Retail, B271764 (Cal. App. 2017):

It is well established that 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.) "It is clearly unproductive to deprive a trial court of the opportunity to correct such a purported defect by allowing a litigant to raise the claimed error for the first time on appeal." (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1138.)

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