Does appellant have to change her theory on appeal if she wants to compel arbitration on behalf of her claim?
California, United States of America
The following excerpt is from Santangelo v. Allstate Ins. Co., 65 Cal.App.4th 804, 76 Cal.Rptr.2d 735 (Cal. App. 1998):
We question whether appellant presented this factual theory in the trial court during proceedings on the petition to compel arbitration. Since it appears she did not, she is precluded from changing her theory on appeal. 5 (Richmond v. Dart Industries, Inc. (1987) 196 Cal.App.3d 869, 874, 242 Cal.Rptr. 184.)
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