What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned?

California, United States of America


The following excerpt is from People v. Landau, 154 Cal.Rptr.3d 1, 214 Cal.App.4th 1 (Cal. App. 2013):

opportunities to correct alleged errors, and parties and appellate courts would be required to deplete costly resources to address purported errors which could have been rectified in the trial court had an objection been made. [Citation.] In addition, it is inappropriate to allow any party to trifle with the courts by standing silently by, thus permitting the proceedings to reach a conclusion in which the party could acquiesce if favorable and avoid if unfavorable. [Citation.] ( Dietz v. Meisenheimer & Herron (2009) 177 Cal.App.4th 771, 799800, 99 Cal.Rptr.3d 464.)

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