And then there were three
There are now at least three pending appeals in which the Proposition 64 issue has been raised. Last week in Benson v. Kwikset Corp., formerly published at 120 Cal.App.4th 301 (2004), the Fourth Appellate District, Division Three, issed the following order (quoted verbatim from the docket):

Defendants and aplts Kwikset Corp. and Black & Decker Corp., plus
resp Technolok, S.A. de C.V., have filed a mtn to vacate the trial crt's judgment and postjudgment order awarding costs and atty fees on the ground the enactment of prop 64 withdrew the statutory basis for plaintiff and aplt James Benson to prosecute this action against them. Plaintiff and resp may file a response to the mtn on or before 11/29/04.

As you might recall, the original Benson opinion affirmed a UCL judgment against a lock manufacturer for mislabling its products as "Made in America" when many of the component parts were manufactured overseas. The dissenting opinion heartily criticized the UCL in general, and its application in that case in particular. My original posts on Benson are here and here.

If anyone knows of any other appeals in which the Proposition 64 issue has been raised, I'd like to hear about them.
- posted by Kim Kralowec @ 10:35 AM