What is the test for an appellant who waives his right to attack error on appeal?

California, United States of America


The following excerpt is from Redevelopment Agency v. City of Berkeley, 143 Cal.Rptr. 633, 80 Cal.App.3d 158 (Cal. App. 1978):

Under the doctrine of invited error, where a party, by his conduct, induces the commission of an error, he is estopped from asserting it as grounds for reversal. (See Abbott v. Cavalli (1931) 114 Cal.App. 379, 383, 300 P. 67; 6 Witkin, California Procedure (2d ed. 1971) Appeal, 266, p. 4257.) Similarly, an appellant may waive his right to attack error by expressly or impliedly agreeing at trial to the ruling or procedure objected to on appeal. (6 Witkin, California Procedure, supra, 270, p. 4260.)

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