In Sumner Hill Homeowners' Assn., Inc. v. Rio Mesa Holdings LLC (2012) 205 Cal.App.4th 999, "at every step of the case" (Sumner Hill Homeowners' Assn., Inc. v. Rio Mesa Holdings, LLC, supra, 205 Cal.App.4th. at p. 1025) from the filing of the operative complaint to the court's statement of decision after trial, the defendants argued a map violated the Subdivision Map Act (Gov. Code, 66410 et seq.), but then in an "eleventh-hour turnabout" on appeal took the entirely contrary position that the county properly approved the map, which complied with that law. (205 Cal.App.4th at pp. 1025-1026.) The appellate court in Sumner Hill declined to consider the new position, reasoning it would be unfair to allow the defendants to reinvent the case on appeal and there was no opportunity for the parties or trial court to consider the ramification of such a position or how it might relate to other issues, evidence or arguments. (Id. at pp. 1025, 1027.)