In Agnew v. Contractors Safety Assn. (1963) 216 Cal.App.2d 154, the trial court struck the Code of Civil Procedure section 170, subdivision 5, declaration on its own motion and the plaintiff went to trial, without objection to the judge. When judgment went against Agnew, he complained on appeal. The appeal court said at page 159: "There is a principle to the effect that a party should not be allowed to gamble on a favorable decision and thereafter raise an objection that the trial judge was biased and prejudiced in the event the litigant is disappointed in the result. Such an attempt to play fast and loose with the administration of justice will not be tolerated."