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Is Filing a Petition for Review of an Unpublished Opinion Hopeless (Part 1 – Civil)?

Tim Kowal     December 16, 2020

One bit of conventional wisdom that’s frequently heard about appellate review in California is that if a Court of Appeal opinion isn’t published, seeking Supreme Court review is a hopeless task.  This week, we’re looking at the data to see if that’s true – civil cases in this post, criminal in the next.

The short answer is – it isn’t.  In 1990, one-third of the Court’s civil cases were unpublished below.  That dropped to 15% in 1991 but was between 25 and 45% from 1992 to 2005.  In 2006, the unpublished share was 22.64%, and in 2007 it dropped a bit to 21.43%.  In 2008, it dropped to its lowest level: 12.5%.  But then it headed upwards again.  The unpublished share was 20.45% in 2009, 28.57% in 2010, 30.3% in 2011 and 31.25% in 2013.  It’s been down just a bit since then, but still significant: 17.39% (2014), 12.5% (2015), 19.44% (2016), 21.43% (2017), 21.21% (2018), 29.27% (2019) and 28.57% so far this year.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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Rubin v. Green (1993) 4 Cal.4th 1187

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