Can a new defense theory be asserted on appeal?
California, United States of America
The following excerpt is from Fishman, Larsen, Goldring & Zeitler v. Brooks, F062012 (Cal. App. 2012):
separate statement of undisputed facts was not in the proper format. Regardless, appellant did not make this objection in the trial court and therefore cannot raise this issue on appeal. New defense theories may not be asserted for the first time on appeal. (Bardis v. Oates (2004) 119 Cal.App.4th 1, 13-14, fn. 6.)
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