What is the test for deciding a question of law raised for the first time on appeal?

California, United States of America


The following excerpt is from Poet, LLC v. Cal. Air Res. Bd., 160 Cal.Rptr.3d 69, 218 Cal.App.4th 681 (Cal. App. 2013):

It is well established that appellate courts have the discretion to decide a question of law raised for the first time on appeal. (Ward v. Taggart (1959) 51 Cal.2d 736, 742, 336 P.2d 534.) Courts are more inclined to

[218 Cal.App.4th 751]

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