First District to consider Prop. 64 retroactivity issue
I have it on good authority that the Proposition 64 retroactivity issue was raised in a motion to dismiss filed on December 6, 2004 in Californians for Disability Rights v. Mervyn's California, Inc., case no. A106199 (First Appellate District, Division Four). The motion to dismiss was orally argued earlier this week, on January 25, and an order is expected on February 7. If the First District follows the Second District's lead in United Investors Life Ins. Co. v. Waddell & Reed, Inc., ___ Cal.App.4th ___ (Jan. 20, 2005), we will have to wait until briefing on the merits is completed before we get a substantive ruling. For more on United Investors, see this post.
- posted by Kim Kralowec @ 9:25 AM