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decision in which 2/8 "cites" an unpublished Court of Appeal opinion that was cited by a federal district court, noting in footnote 5:
Pursuant 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of Court, rule 8.1115(a), we do not formally cite to the unpublished Court of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in its use of unpublished California opinions – relied on it.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choose neither to ignore the unpublished opinion nor redact it from our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the California unpublished case is not precedent.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.
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