The shittier side that is you're fighting the government, the court will always use a purpose based test to not only agree with the government's position, but also to end run existing precedent in this state, and in turn make shitty jurisprudence. They'll typically next try to depublish the case under the rules of court, so it supposedly can't be cited. The problem is that the California constitution says that the rules of court must comply with statutory law, so any smart lawyer then just uses the evidence code to force the court to judicially notice the unpublished case, which can then be cited despite the rules of court saying otherwise. 😒