What is the test for calling a judge to the notice of error?

California, United States of America


The following excerpt is from City of Glendale v. Marcus Cable Assocs., LLC, 180 Cal.Rptr.3d 726, 231 Cal.App.4th 1359 (Cal. App. 2014):

determine it." ... [Citation.] [] The rationale for this rule was aptly explained in Sommer v. Martin (1921) 55 Cal.App. 603 at page 610 [204 P. 33] ...: " In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. The law casts upon the party the duty of looking after his legal rights and of calling the judge's attention to any infringement of them. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal. " [Citation.]" (Fn. omitted; [citations].) [Citation.]" ( Id. at pp. 264265 , 92 Cal.Rptr.3d 862, 206 P.3d 403.)

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