Can an appellant waive his right to attack error by agreeing at trial to the ruling or procedure objected to on appeal?

California, United States of America


The following excerpt is from Mesecher v. County of San Diego, 12 Cal.Rptr.2d 279, 9 Cal.App.4th 1677 (Cal. App. 1992):

"Under the doctrine of invited error, where a party, by his conduct, induces the commission of an error, he is estopped from asserting it as grounds for reversal. [Citations]. Similarly an appellant may waive his right to attack error by expressly or impliedly agreeing at trial to the ruling or procedure objected to on appeal." (Redevelopment Agency v. City of Berkeley [9 Cal.App.4th 1686] (1978) 80 Cal.App.3d 158, 166, 143 Cal.Rptr. 633; accord Jentick v. Pacific Gas & Elec. Co. (1941) 18 Cal.2d 117, 121, 114 P.2d 343; In re Marriage of Broderick (1989) 209 Cal.App.3d 489, 501, 257 Cal.Rptr. 397.)

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