What is the test for a party to an action to change the theory of the cause of action on appeal?

The court in Panopulos v. Maderis (1956) 47 Cal.2d 337, 340--341, 303 P.2d 738, 740 stated: 'It is the general rule that a party to an action may not, for the first time on appeal, change the theory of the cause of action. (Citations.) There are exceptions but the general rule is especially true when the theory newly presented involves controverted questions of fact or mixed questions of law and fact. If a question of law only is presented on the facts appearing in the record the change in theory may be permitted.'

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