New Prop. 64 order: Jarvis v. Royal Numico N.V.
Many thanks to the reader who informed me that yesterday, Judge Robert L. Dondero of the Superior Court for the City and County of San Francisco denied a defense motion for judgment on the pleadings based on Proposition 64, observing:

[A]t this juncture, a Judgment on the Pleadings barring [plaintiff's UCL] claim would be premature because the retroactivity of the initiative change is a matter of considerable debate. Still, the Court believes that Defendants should be allowed to conduct reasonable discovery to determine whether the current Plaintiffs in this case would have a valid claim if Proposition 64 is deemed retroactive, and whether the particular Plaintiffs satisfy the current standing requirements of Proposition 64. Therefore, the Court is going to vacate the trial date set for January 25, 2005.

Jarvis v. Royal Numico N.V., San Francisco County Superior Court case no. CGC 02 403532, Judge Robert L. Dondero (order dated 01/12/05).
- posted by Kim Kralowec @ 9:26 AM