Sheehy v. State Personnel Board

J.—I dissent. The majority consider the issue of timeliness dispositive. However, that issue was raised by neither party. At oral argument the Attorney General specifically stated that timeliness of Sheehy’s petition was not an issue on appeal. An issue not urged on appeal is deemed waived. (Case v. City of Los Angeles (1963) 218 Cal.App.2d 36, 42 [32 Cal.Rptr. 271]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 425, pp. 4391-4393.)

While this court has inherent power, to consider all issues, even those not urged on appeal, such power is exercised with restraint and principally when the…