What is the test for presenting an issue on appeal that was not presented to the trial court?

California, United States of America


The following excerpt is from Zadok v. Tarzana Springs, LLC, B252781 (Cal. App. 2016):

Zadok raises numerous issues on appeal that were not presented to the trial court. It is well established that an appellate court generally will not review such issues. (In re S.B. (2004) 32 Cal.4th 1287, 1293.) This rule encourages the parties to give the trial court an opportunity to correct any errors, thus serving the fundamental goals of judicial economy, party fairness, and appellate review of a developed record. (Ibid.) To accomplish these objectives a party must raise the issue before the trial court and must do so in more than a cursory or "'passing'" fashion. (Schultz v. Workers' Comp. Appeals Bd. (2015) 232 Cal.App.4th 1126, 1134.) The issue must be actually litigated in the trial

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