Published and Unpublished Cases: California Court Decisions

California Rules of Court, Rule 8.1115 states that "...an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action," with certain limited exceptions. These exceptions include:

• (1) When an opinion is relevant to a case under the doctrines of law of the case, res judicata, or collateral estoppel (doctrines that prohibit a party from suing over the same case or controversy more than once); or 
• (2) When an opinion is relevant to a criminal or disciplinary proceeding because it states reasons for a decision affecting the same defendant or respondent.

This rule governs only the California state courts, and therefore is limited to the citation of unpublished California court opinions in California cases.

If you cite an unpublished decision under an exception to Rule 8.1115, you must attach copies of the opinion to the brief that you file with the court and serve copies on any other parties. This requirement applies even if a case is going to be published, but is, as yet, available only in a computer database such as Westlaw or Lexis, or in the Daily Appellate Reports. California Rules of Court, Rule 8.1115. 

Sometimes after a California Appellate Court decision is published, that decision is appealed and accepted for review by the California Supreme Court. When the Supreme Court has granted review of a case and the review is pending, the decision is not binding authority and may be cited for its persuasive value only. California Rules of Court, Rule 8.1115(e). Additionally, Rule 8.1115(e)(3) requires that any citation to such a decision must make note of the grant of review and any subsequent action by the California Supreme Court.