The UCL Practitioner
Wednesday, December 29, 2004
New Prop. 64 order hot off the presses: California Law Institute v. VISA USA, Inc.
Many thanks to the reader who very promptly informed me that today, Judge Richard A. Kramer of the Superior Court for the City and County of San Francisco denied a motion for judgment on the pleadings, holding that Prop. 64 does not apply to pending cases. California Law Institute v. VISA USA, Inc., San Francisco Superior Court case no. CGC-03-421180, Judge Richard A. Kramer (order dated 12/29/04). Judge Kramer is the complex litigation judge in San Francisco, so his legal conclusions on retroactivity may impact a lot of cases in Northern California.
San Francisco Superior Court Judge Kramer had indicated that he will soon issue yet another order similar to his most recent as to how Proposition 64 is not to be applied retroactively to cases filed prior to the enactment of prop 64. In that regard, Judge Kramer has indicated that this next ruling will be better than the last completely covering all issues of voter intent, drafter intent and retroactive application - substantive changes in pending cases - he has promised that this next descision will be upheld by any court of appeal.
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