An appellate court may affirm on any ground supported by the record (J.B. Aguerre, Inc. v. American Guarantee & Liability Ins. Co. (1997) 59 Cal.App.4th 6, 15-16), including grounds not raised by the respondent, and even if the respondent does not file a brief (Fleming Distribution Co. v. Younan (2020) 49 Cal.App.5th 73, 84, fn. 8; Smith v. Smith (2012) 208 Cal.App.4th 1074, 1077-1078; Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224, 226-227). “Thus, respondent can assert a new theory on appeal in order to establish that the judgment was correct on that theory unless doing so would unfairly prejudice appellant by depriving appellant of the opportunity to litigate an issue of fact.” (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2023) ¶ 8:241.) So, unlike the appellant, the respondent may raise new arguments on appeal that were not presented to the trial court so long as they are supported by the record on appeal.