While the law is generally built upon extending similar cases to novel situations, you're stretching too hard here to bring in case law that is too easily distinguishable from the matter at hand.

While I concede that your position is correct academically, I've successfully argued my position in court several times (pro bono, since I only take on criminal def when I believe in the case), so I'm confident that my position is correct where it matters.

And if you're ever actually practiced in the California court system, you would know that you only need to convince a single appellate judge statewide to make valuable precedent. (Because in California, a lower court can follow the precedent of any higher California appellate ruling.)