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G on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX JOHN HENRY TORRES, 2d Civil No. B234224 (Super. Ct. No. 56-2011-00394476-CUOR-SIM ) (Ventura County) Plaintiff and Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., Defendants and Responden.
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FSB FAQ
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However, not every single case is published in a reporter. Court rules decide which cases can be published and used as legal precedent. Some intermediate appellate court cases (both federal and state) are published. Some are not.
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Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value.
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(a) Unpublished opinion. Except as provided in (b), 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.
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Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court.
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Unpublished opinions are designed to give the parties a brief explanation of why the court decided as it did. They are not intended to be used as precedent and can be cited in arguments before the courts of the state only in limited circumstances.
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All opinions of the California Supreme Court are published in bound volumes called the Official Reports.
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The key difference between a published or unpublished decision is whether it has precedential value. In other words, can the decision be relied upon and cited by later courts as precedence?
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The majority of Court of Appeal opinions are not certified for publication and are thus not published in the Official Reports. These opinions are known as "unpublished"; they generally cannot be cited or relied upon in other cases (see California Rules of Court, rule 8.1115).
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