The UCL Practitioner
Friday, February 18, 2005
BREAKING NEWS: Fourth Appellate District, Division One, also holds Prop. 64 applies to pending cases
The Fourth Appellate District, Division One, just issued its opinion in Bivens v. Corel Corp., ___ Cal.App.4th ___ (Feb. 18, 2005). The Court followed Branick and Benson and held that under the "statutory repeal" rule, Prop. 64 does apply to cases filed before its effective date. The Court further held (in contrast to Benson) that the complaint could, theoretically, be amended to substitute a new plaintiff who can meet the Prop. 64 standing requirements. Amendment would not be allowed in that particular case, however, "because ... Corel is entitled to summary judgment on the claims raised in the complaint." Slip op. at 14-15 n.5.
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