Tuesday, September 18, 2018

Exciting "citing but not citing"

Reader Kent Qian points out this published decision in which 2/8 "cites" an unpublished Court of Appeal opinion that was cited by a federal district court, noting in footnote 5:

Image result for i'm so excited and i just can't hide itPursuant to California Rules of Court, rule 8.1115(a), we do not formally cite to the unpublished Court of Appeal opinion. However, the federal district court – which is not restricted in its use of unpublished California opinions – relied on it. Under  these circumstances, we choose neither to ignore the unpublished opinion nor redact it from our quotation of the federal case which cited it. Nevertheless, we recognize that the California unpublished case is not precedent.
(See related MetNews article here.)

The Recorder has Make Nice to the Court: Tips on How to be Considerate, by Myron Moskovitz, containing appellate briefing suggestions.