can a Federal case law/circuit appellate authority be used in State Superior Court if the state court doesn't have a similar case law in the State's Cal Appellate authorities?
Answer
Yes, but it is only persuasive authority, not binding. You may also use the case law of other states and argue that since California doesn't have law on point, the court should adopt the reasoning of the other state's courts in your case.
Answer
I agree with Mr. McCormick.
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