Another new Prop. 64 retroactivity order: Center for Biological Diversity v. County of San Bernardino
Many thanks to the reader who informed me that on Monday, Judge John Wade of the San Bernardino County Superior Court denied a motion to strike a UCL claim, holding that Proposition 64 was not intended to apply retroactively to pending cases. Judge Wade reportedly reasoned that Proposition 64 “did not on its face indicate any intent regarding retroactivity and that applying it retroactively will have a substantive effect on Plaintiffs’ claims, citing McClung, Aetna, Tapia, and Evangelatos.” Center for Biological Diversity v. County of San Bernardino, San Bernardino County Superior Court case no. SCVSS111660 (ruling of 12/20/04).
- posted by Kim Kralowec @ 12:03 AM