California, United States of America
The following excerpt is from Rgis, LLC v. Bank of Am., B225640 (Cal. App. 2011):
"As a general rule, a party is precluded from urging on appeal any point not raised in the trial court. [Citation.] Any other rule would '"'permit a party to play fast and loose with the administration of justice by deliberately standing by without making an objection of which he is aware and thereby permitting the proceedings to go to a conclusion which he may acquiesce in, if favorable, and which he may avoid, if not.'" [Citations.]' [Citation.]" (In re Riva M. (1991) 235 Cal.App.3d 403, 411-412; accord, Dietz v. Meisenheimer & Herron, supra, 177 Cal.App.4th at pp. 799-800 ["'"The rule that contentions not raised in the trial court will not be considered on appeal is founded on considerations of fairness to the court and opposing party, and on the practical need for an orderly and efficient administration of the law." [Citations.] Otherwise, opposing parties and trial courts would be deprived of opportunities to correct alleged errors, and parties and appellate courts would be required to deplete costly resources "to address purported errors which could have been rectified in the trial court had an objection been made." [Citation.] In addition, it is inappropriate to allow any party to "trifle with the courts by standing silently by, thus permitting the proceedings to reach a conclusion in
Page 8
which the party could acquiesce if favorable and avoid if unfavorable." [Citation.] . . .'"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.