The UCL Practitioner
Thursday, January 20, 2005
 
Two new Prop. 64 orders: Gonzalez and Tsukroff
Many thanks to the readers who informed me of two new orders on the Prop. 64 retroactivity issue. In Gonzalez, San Joaquin County Superior Court Judge K. Peter Saiers overruled a demurrer in which the Prop. 64 issue was raised (when I receive the formal order, I'll put it up). In Tsukroff, Napa County Superior Court Judge W. Scott Snowden reached the opposite conclusion on retroactivity. And the coolest thing of all is that the Tsukroff order mentions this blog!


Comments:
The Tsukoff ruling denying discovery is flawed. The court states the plaintiff has standing under Prop 64 so it would seem he could also be a class rep. He should be allowed to obtain this discovery to determine if class certification is appropriate, without having to allege a class action prematurely.
 
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