Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule?
California, United States of America
The following excerpt is from Sandoval v. Superior Court of L. A. Cnty., B282837 (Cal. App. 2018):
9. Generally, "the statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establishes that rule and makes it determinative of the rights of the same parties in any subsequent retrial on appeal in the same case," provided that the stated rule was "necessary to the decision of the case on appeal." (Salaman v. Bolt (1977) 74 Cal.App.3d 907, 917.)
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