Can a party change its theory of relief from the Monterey District on appeal by stating and establishing the grounds of its challenge to Rule 1000?

20 The association notes in passing (one sentence of a footnote in a brief and a comment at oral argument) that Monterey District has not contended that it complied with the statutory rulemaking requirements when it adopted Rule 1000. The record does not support this assertion. Moreover, it is beside the point. As the party challenging Rule 1000, the association bears the burden of stating and establishing the grounds of its challenge. The district is not required to anticipatorily refute objections to the rule, including the association's objection that the district did not adhere to rulemaking requirements. The association has not met its burden of establishing the district's noncompliance. Most important, the association did not raise this objection in the trial court. A party may not for the first time on appeal change its theory of relief. (Phillippe v. Shapell Industries (1987) 43 Cal.3d 1247, 1256, 241 Cal.Rptr. 22, 743 P.2d 1279.)

21 The record reflects that the association did not avail itself of this remedy.