In today’s decision in Ardon v. City of Los Angeles, the Supreme Court considerably relies on a 2015 opinion by the First District, Division One, Court of Appeal. But, that opinion was automatically depublished when the Supreme Court granted review in the case and rule 8.1115(a) prohibits the citation of unpublished opinions. (That case became a grant-and-hold case, pending a decision in Ardon.) No worries. At the same time as it issued its Ardon opinion, the Supreme Court ordered the Court of Appeal opinion republished, which the Supreme Court is authorized to do.
If the court adopts a proposal to do away with the rule that a grant of review automatically depublishes the Court of Appeal’s opinion, the Supreme Court won’t need to order republished a review-granted opinion to be able to cite it.
