In Cummings v. Cummings (1929) 97 Cal.App. 144, on the first day of trial, the defendant informed the court that he was not ready to proceed with certain defenses he intended to raise. (Supra, 97 Cal.App. at pp. 148-149.) The plaintiff moved to preclude defendant from raising those defenses at trial because he failed to comply with the court's prior order governing how those defenses could be presented at trial. (Ibid.) When asked at the hearing whether he wished to oppose the plaintiff's motion, the defendant declined. (Ibid.) The trial court granted the motion. (Ibid.) On appeal, the court of appeal held the defendant waived his challenge to that ruling because he failed to oppose it at trial. (Ibid.)