We know we're not allowed to cite to unpublished Court of Appeal decisions. But what about citing to such cases simply to show ranges of damages in other similar cases (i.e., for factual comparison, not law)? Here's an unpub'd decision that seems to show that's ok:
Defendants point to several cases where the noneconomic damages award was substantially less than the $4 million award in this case; plaintiff cites cases where the award was substantially more (e.g., Cobb v. Cty. of L.A. (2019) 2019 Cal.App.Unpub.LEXIS 3084, *3-*6 [award of $9.8 million for past and future noneconomic damages due to crushed foot and leg]). If anything, this exercise in comparison confirms that the award in this case is within—and not beyond—the pale.
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