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- Embed this noticeThere's actually a trick in California that very few attorneys know.
Under the rules of court, you're really not supposed to cite unpublished opinions, but under our state constitution, the evidence code is superior to the rules of court. The evidence code allows for judicial notice of court records. The unpublished opinion is a record of the court. So what you do is request the court take judicial notice of the opinion and then cite it in your brief.