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The UCL Practitioner
Friday, November 19, 2004
"Appeal Court Seeks Clarity in Prop. 64's Quagmire"
Today's Daily Journal has the story. Two appellate courts are now on the verge of deciding the Proposition 64 retroactivity issue.
In a pending appeal called Consumer Advocates v. DaimlerChrysler Corp., No. G029811, the Fourth Appellate District, Division 3, issued the following order just five days after Proposition 64 went into effect (copied verbatim from the docket):
On the crt's own mtn, the previous order submitting this case is hereby vacated. It appears to the crt the issues involved in this appeal may be affected by the provisions of prop 64. The parties are invited to address the following issues: (1) are the causes of action asserted in the complaint, or any of them, barred by the provisions of prop 64; and (2) if so, should prop 64 be applied to pending cases? The briefs shall be in informal ltr form and shall be filed no later than 12/03/04. Upon filing of the supp ltr briefs, the matter will be resubmitted for the time allowed by law.(UPDATE: Here are the minutes for 11/08/04.)
In addition, a petition for rehearing has been filed in Krumme v. Mercury Ins. Co., ___ Cal.App.4th ___ (Oct. 29, 2004), in which the First Appellate District, Division Four, observed that the plaintiff was "utterly disinterested" in the controversy because he had never done business with the defendant insurance company, but nonetheless allowed the case to proceed because of the UCL's liberal standing rules. Here is the Krumme docket, and here is my original post on the decision.
- posted by Kim Kralowec @ 11:37 AM
Anybody know of any other retroactivity cases cooking in the courts of appeal besides Krumme and DaimlerChrysler?
# posted by Anonymous : 9:10 PM
The Krumme document indicates that the court denied the petition for rehearing yesterday -- has anyone seen that order and what, if anything, does it say about Prop 64's application to pending cases? Thanks.Post a Comment
# posted by Anonymous : 2:03 PM