Does the forfeiture rule apply in civil and criminal proceedings?

Absent such an objection, defendants have forfeited this contention on appeal. (Keener v. Jeld-Wen, Inc. (2009) 46 Cal.4th 247, 264-265 ["The forfeiture rule generally applies in all civil and criminal proceedings. . . . The rule is designed to advance efficiency and deter gamesmanship"].)

At oral argument, we asked the parties to submit letter briefs on the forfeiture issue as it had not been briefed. In their letter brief, defendants contend their judicial admissions contention was not forfeited because the binding effect of a judicial admission is a question of substantive law, not evidence, and therefore no objection based on the judicial admission is required in the trial court. In support of this contention, defendants rely heavily on the decision in Valerio, supra, 103 Cal.App.4th 1264. In the alternative, defendants argue the binding effect of a judicial admission raises a pure question of law that we have the discretion to consider for the first time on appeal, citing Ward v. Taggart (1959) 51 Cal.2d 736.⁶