The UCL Practitioner
Wednesday, February 09, 2005
BREAKING NEWS: Second District creates split on Prop. 64 retroactivity
The Court of Appeal, Second Appellate District, Division Five, just issued its opinion in Branick v. Downey Sav. & Loan Assn., ___ Cal.App.4th ___ (Feb. 9, 2005), and held that Prop. 64 DOES apply to pending cases. I will try to post more on the decision later today.

UPDATE: In a nutshell, the Court relied exclusively on the "statutory repeal" rule and did not consider either "the voters' intent" or "whether the amendments are procedural or substantive." (Slip op. at 11.)
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