CITABILITY

In general only published opinions are citable, although exceptions may be made to establish that a particular matter has been decided and is res judicata. According to the California Rules of Court, all opinions of the California Supreme Court are published. But a Court of Appeal opinion is published only if the California Supreme Court orders it or a majority of the rendering court certifies it for publication. This can be done only if the opinion:

establishes a new rule of law; or
applies an existing rule to facts significantly different than those in prior opinioins; or
modifies or criticizes an existing rule; or
resolves or creates an apparent conflict in the law; or
involves a legal issue of continuing public interest; or
makes a significant contribution to legal literature by reviewing the law.

A case becomes citable as soon as it is certified for publication. But even after it is published, it may become uncitable if it is withdrawn, or rehearing is granted, or the California Supreme Court decertifies it. A case is still citable when a petition for review is filed, but if the California Supreme Court grants review, decertification is automatic. After that, nothing makes the case citable again, not even dismissal of the review.

Summaries posted at this website contain information regarding decertification, withdrawal, grant of review, and denial of review, updated as often as possible. It is important, however, to independently check the current status of any case before citing it.


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