What is the test for standing by without making an objection?

California, United States of America


The following excerpt is from Robinson v. Calhoun, A142946 (Cal. App. 2017):

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.]' [Citation.]" (People v. Stowell (2003) 31 Cal.4th 1107, 1114.) As stated in Tri Counties Bank v. Superior Court (2008) 167 Cal.App.4th 1332, " ' " '[i]t would seem . . . intolerable to permit a party to play fast and loose with the administration of justice by deliberately standing by without making an objection of which he is aware and thereby permitting the proceedings to go to a conclusion which he may acquiesce in, if favorable, and which he may avoid, if not.' " ' [Citations.]" (Id. at p. 1337.)

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