The California Rules of Court allow superior courts to use a tentative ruling procedure in law and motion matters. (See CRC 3.1308.) Many attorneys assume that they must contest an adverse tentative ruling to preserve their objections for appeal. While there may be good reasons to contest, it is not necessarily mandatory.
It is not “invited error” to submit on a tentative ruling. (Mundy v. Lenc (2012) 203 Cal.App.4th 1401 (“Mundy”); see Jon B. Eisenberg et al., California Practice Guide: Civil Appeals and Writs ¶ 8:248.12 (“Rutter”).) The doctrine of invited error is based on a principle of estoppel; it “prevents a party from misleading the trial court and then profiting therefrom in the appellate court.” (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 403.) But so long as a litigant asserts an issue in the trial court and does not actively invite error, the issue is preserved for appeal. (Mundy, supra, 203 Cal.App.4th at pp. 1405-1406; Rutter, supra, ¶ 8:248.12.)