Legal Question in Appeals and Writs in California

Re: Who trumps Who?

State law and federal law generally cover different subjects. On questions of state law, California Supreme Court opinions will be considered first, followed by opinions of the California Courts of Appeal. Sometimes when state law (or at least its application to the facts of a given case) is ambiguous and a federal court has discussed it, the local court will be interested in that court's view. The Ninth Circuit addresses California law more often than do other circuits simply because its territory inclides California.

Re: Who trumps Who?

Local state law is supposed to control over federal circuit case law, but not if the issue in state court concerns a federal matter.

Federal laws do preempt state laws which are in conflict. But a federal case is NOT the same as a federal law. If no conflict, and no federal issue is involved, then the state law (Supreme Court opinions control over Ct. of Appeal decisions)should supply the rule for the trial court to follow.