Four new Prop. 64 appeals
I've become aware of four more pending Prop. 64 appeals, all of which have been added to my list:

• Wilson v. Brawn of California, First Appellate District, Division One, case nos. A105461, A106367 (supplemental briefing on Prop. 64 ordered 11/19/04; briefing completed 02/01/05; oral argument requests filed 02/28/05)
  
  
• Dunham v. Memberworks, Inc., First Appellate District, Division Five, case no. A107261 (motion to dismiss based on Prop. 64 filed 02/16/05; opposition to motion to dismiss filed 03/18/05)
  
  
• Duran v. Superior Court (May Dept. Stores), Fourth Appellate District, Division Two, case no. E037693 (petition for writ of mandate filed 03/16/05)
  
  
• Cohen v. Los Alamitos Medical Center, Inc., Fourth Appellate District, Division Three, case no. G033868 (supplemental briefing on Prop. 64 ordered 02/03/05; matter argued and submitted 02/23/05; opinion expected on or before 05/24/05)

Counsel in Dunham and Duran kindly sent me copies of their briefs. The Dunham brief, in particular, raises some interesting arguments against the "statutory repeal" theory adopted in the Branick line of cases. The Duran brief argues (among other things) that the Branick line of cases failed to consider Government Code section 9605, which states, in part, that "[w]here a section or part of a statute is amended, it is not to be considered as having been repealed ...."
- posted by Kim Kralowec @ 12:01 AM