Section 1717: Plaintiff’s Failure To Raise Fee Entitlement Challenge And Failure To Oppose A Fee Motion Was A Waiver On Appeal

No Vital Public Policy Argument Presented To Prevent The Waiver Conclusion.

            One of the most fundamental rules of appellate advocacy is waiver.  Generally, if an argument or objection is not presented at the trial court level, the appellate court will not review it.   The appellate court does have discretion to review a question of law, but it needs to be of vital public policy importance or necessary to a consideration based on the equities of the case.

            Appellant in Patacsil v. Perez, Case No. C095195 (3d Dist. Dec. 21, 2022) (unpublished) found his appellate fee entitlement issues to be forfeited.  The reason was simple:  appellant did not oppose the fee motion and no compelling need was shown to justify consideration of the entitlement issue on appeal.  Be careful of waiver arguments; make a careful record of challenges at the superior court level.