In Younan v. Caruso (1996) 51 Cal.App.4th 401, the plaintiff appealed from an order dismissing his malpractice complaint against his former lawyer. (Caruso, supra, at p. 405.) The Caruso court affirmed the dismissal and -- in a footnote -- noted the plaintiff had moved for reconsideration of the dismissal order but did not "timely object to the propriety of judicial notice in opposition to the dismissal motion." The Caruso court determined the plaintiff's failure to object in the trial court was "a waiver of that objection" on appeal. Caruso is distinguishable and its conclusion is dicta because the plaintiff "raised no arguments on appeal concerning" the motion for reconsideration. (Id. at p. 406, fn. 3.)