How has the California Supreme Court considered the constitutionality of the California S.S.A.B.C.L.A Code of Civil Procedure when it is raised for the first time?

California, United States of America

The following excerpt is from County of Orange v. Ivansco, 67 Cal.App.4th 328, 78 Cal.Rptr.2d 886 (Cal. App. 1998):

2 Ivansco concedes he did not raise the statute's constitutionality below. However, "courts have several times examined constitutional issues raised for the first time on appeal, especially when ... the asserted error fundamentally affects the validity of the judgment ... or important issues of public policy are at issue...." (Hale v. Morgan (1978) 22 Cal.3d 388, 394, 149 Cal.Rptr. 375, 584 P.2d 512.) Such is the case here.

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