Legal Question in Civil Litigation in California

Sounds like you are in over your head.

Best,

Daniel Bakondi Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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San Francisco Attorney

Only state or federal Appeals Court decisions are 'precedent', and only if authorized by that court for publication and use.

I agree with Mr. Bakondi, but to answer your question, if a state case is published in the California Appellate Reports (cited as [vol.#] Cal.App.[ed.#] [page#] or [vol.#] C.A.[ed.#] [page#]), or the California Reports (cited as [vol.#] Cal.[ed.#] [page#]), it is an officially published case and may be relied on as precident. KEY: do NOT confuse the California Reports with the California Reporter (cited as [vol.#] Cal.Rptr.[ed#][page#]), which is not an official reporter and may contain cases that a lay person would not know cannot be cited. You should also be aware that not everything in a case is precident. Only things that are expressly said to be a rule of law stated in the case, or that is a statement of law that is necessary to a determination of the case is precident. Other things in the case are called "dicta" and are not precident. Also, precidents can be issued in different cases that conflict. Arguing for a resolution of those conflicts and application to your particular facts to produce a favorable outcome is where we lawyers really earn our keep. This is why, if you are looking for precidents you are probably over your head.

Is this academic or are you attempting to draft or respond to a motion. Contact me directly.