After holding that the plaintiff, who failed to oppose objections made to evidence submitted on a summary judgment motion, forfeited any claim of error in sustaining these objections on appeal, the Second District Court of Appeal has decided that the decision should not be cited as precedent.
In Tarle v. Kaiser Foundation Health Plan, Inc. the court originally ordered that the portion of the decision requiring objections should be published, but that the portion finding that the defendant was complicit by filing numerous overbroad objections should not. See, "I Object to Those Objections," posted June 17, 2012. Plaintiff petitioned for rehearing and requested that the complete opinion be published. The court denied the petition, but on its own motion granted rehearing and stated that the court will "refile the opinion in this matter, without modification and with directions that is (sic) not to be published in the official reports." The entire opinion, therefore, is now not certified for publication.
It may be that the court of appeal believed that it did not have the authority to order the original opinion depublished. By "rehearing" the case, and issuing a "new" opinion with the coincident order that the opinion not be published, the court achieved the desired result.