What is the difference between a waiver and a forfeiture?
California, United States of America
The following excerpt is from Machado v. Myers, 252 Cal.Rptr.3d 493, 39 Cal.App.5th 779 (Cal. App. 2019):
11 "Over the years, cases have used the word [waiver] loosely to describe two related, but distinct, concepts." (Cowan v. Superior Court (1996) 14 Cal.4th 367, 371, 58 Cal.Rptr.2d 458, 926 P.2d 438.) However, "losing a right by failing to assert it [is] more precisely called forfeiture" while "intentionally relinquishing a known right" is a "waiver." (Ibid. )
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