Activity in the Third District
The Third District accepted the stipulation of dismissal in Fair Business America, LLC v. Mattel, Inc., case no. C044134, and issued its remittitur on Tuesday. All hope is not lost that the Third District might weigh in on the Prop. 64 retroactivity issue, however. On March 10, that Court issued an alternative writ in Petrini Van & Storage, Inc. v. Superior Court, case no. C049042. The real party's return is due on April 11. You may recall that on January 5, Sacramento County Superior Court Judge Loren McMaster ruled that Prop. 64 does NOT apply to pending cases. Munoz v. Petrini Van & Storage, Inc., case no. 04AS01213 (order dated 01/05/05). Judge McMaster's order is one of the more detailed and better-reasoned ones on the issue, and it specifically invited appellate review under Code of Civil Procedure section 166.1. Many thanks to the reader who informed me of the appellate-level developments.
- posted by Kim Kralowec @ 6:38 AM