What is the test for establishing that rule of obiter dicta?
California, United States of America
The following excerpt is from L. A. Cmty. Coll. Dist. v. Roosevelt Lofts, LLC, B266057 (Cal. App. 2016):
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. [Citation.] However, the stated rule of law relied upon as the law of the case must have been necessary to the decision of the case on appeal. Obiter dicta is not included in the law of the case. [Citations.]" (Salaman v. Bolt (1977) 74 Cal.App.3d 907, 917.)
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