Does the forfeiture rule apply to issues raised for the first time on appeal?

California, United States of America

The following excerpt is from Sacramentans for Fair Planning v. City of Sacramento, 250 Cal.Rptr.3d 261, 37 Cal.App.5th 698 (Cal. App. 2019):

This is especially true where, as here, the new issues raise questions of fact. The exception to the forfeiture rule for issues of law raised for the first time on appeal does not apply to unresolved factual issues. ( Araiza v. Younkin (2010) 188 Cal.App.4th 1120, 1127, 116 Cal.Rptr.3d 315.) By failing to raise the issues below, plaintiff has forfeited them here. Because plaintiff has forfeited the issues, we dismiss real party's motion to strike as moot.

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