What is the test for addressing the applicability of this statute in appellate courts?

California, United States of America


The following excerpt is from Brown v. Chagoya (In re Estate of Catlin), F077368 (Cal. App. 2019):

An appellate court has discretion to address the applicability of this statute even when it was not raised below. (Allen v. Stoddard (2013) 212 Cal.App.4th 807, 811.)

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