The UCL Practitioner
Wednesday, December 15, 2004
Another judge holds that Prop. 64 does not apply to pending cases
In Bravo v. Soares Dairy, Stanislaus County Superior Court case no. 345216, Judge Hurl W. Johnson, III issued the following tentative ruling on Monday, December 13, 2004:
.... On the basis of the letter briefs filed by the parties the Court finds that the Plaintiffs' unfair business practices claims under Business and Professions Code Section 17200 can proceed. The text of Proposition 64 passed by California voters on 11/3/04 does not clearly make the effect of the statute retroactive, and therefore the change in the law cannot be enforced retroactively. "A statute may be applied retroactively only if it contains express language of retroactivity or if other sources provide a clear and unavoidable implication that the Legislature intended retroactivity." McClung v. Employment Development Department (November 4, 2004) 2004 Cal. Lexis 10527. This strong presumption applies equally forcefully to ballot initiatives enacted by the electorate. See e.g. Evangelatos v. Superior Court (1988) 44 Cal 3d 1188, holding that Proposition 51 should only be applied prospectively.
I am informed that Judge Johnson adopted this tentative ruling insofar as Proposition 64 is concerned, but that a final order has not yet been issued. Many thanks to the reader who forwarded this ruling. (UPDATED to include a link to a copy of the tentative ruling.)
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