California, United States of America
The following excerpt is from City of Fontana v. Bani, LLC, E062018, E063549 (Cal. App. 2016):
We therefore decline to reach this contention for the first time on appeal. "'[I]t is fundamental that a reviewing court will ordinarily not consider claims made for the first time on appeal which could have been but were not presented to the trial court.' Thus, 'we ignore arguments, authority, and facts not presented and litigated in the trial court. Generally, issues raised for the first time on appeal which were not litigated in the trial court are waived. [Citations.]'" (Newton v. Clemons (2003) 110 Cal.App.4th 1, 11, fn. omitted.)
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