First District denies writ petition in CLI v. VISA
Many thanks to the reader who informed me that on February 3, 2005, the First Appellate District, Division Five (Jones, P.J., Simons & Gemello, JJ.) denied a writ petition challenging Judge Kramer's non-retroactivity order in California Law Institute v. VISA USA, Inc., San Francisco County Superior Court case no. CGC-03-421180. The court wrote:

The petition for writ of mandate is denied. The petition fails to articulate compelling circumstances warranting review by extraordinary writ or demonstrate that petitioners will suffer ireparable harm absent writ review. (Babb v. Superior Court (1971) 3 Cal.3d 841, 851; James W. v. Superior Court (1993) 17 Cal.App.4th 246, 252; Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1269, 1272-1274.) The court observes that the petition no longer raises issues of first impression, given that on February 1, 2005, Division Four of this court issued an opinion in Californians for Disability Rights v. Mervyn's, LLC (Feb. 1, 2005, A106199) __ Cal.App.4th __.

Mastercard Int'l, Inc. v. Superior Court, First Appellate District, Division Five, case no. A108995. I hope to be able to post a copy of the order by tomorrow. UPDATE: The order is available at this link.
- posted by Kim Kralowec @ 12:41 PM