How will the California Court of Appeal treat "unresolved questions" in the context of litigation?
California, United States of America
The following excerpt is from Beyl v. City of Yorba Linda, G054057 (Cal. App. 2018):
we shall not hesitate to decide them; but it is no part of our duty to investigate and decide questions not regularly arising in the due course of litigation, for the gratification of the curiosity of counsel, or to serve some ulterior purpose of parties.'" (Connerly v. Schwarzenegger (2007) 146 Cal.App.4th 739, 746.)
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