What is the test for an appellant to argue that questions raised in the trial court will not be considered on appeal?

California, United States of America


The following excerpt is from D'Avila's Estate, In re, 217 Cal.App.2d 123, 31 Cal.Rptr. 363 (Cal. App. 1963):

The principles of appellate review are well settled that questions not raised in the trial court will not be considered on appeal (Damiani v. Albert (1957) 48 Cal.2d 15, 18, 306 P.2d 780; see 3 Cal.Jur.2d, Appeal & Error, 140, [217 Cal.App.2d 127] p. 604 and cases there collected) and that an appellant will not be heard to urge error which he is estopped to urge or which he has waived by

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