Can a question raised for the first time by an amicus curiae be considered before the Court of Appeal?

California, United States of America

The following excerpt is from Bunzl Distribution United States, Inc. v. Franchise Tax Bd., 238 Cal.Rptr.3d 645, 27 Cal.App.5th 986 (Cal. App. 2018):

⁸ Nor can it be raised for the first time by amicus. " [A]n amicus curiae must accept the case as it finds it and ... "friend of the court" cannot launch out upon a juridical expedition of its own.... "[The] rule is universally recognized that an appellate court will consider only those questions properly raised by the appealing parties. Amicus curiae must accept the issues made and propositions urged by the appealing parties, and any additional questions presented in a brief filed by an amicus curiae will not be considered...." " (Younger v. State of California (1982) 137 Cal.App.3d 806, 813814, 187 Cal.Rptr. 310.)

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