Various recent developments re Prop. 64
On Monday, Judge Prager issued a final order on the motion to decertify the class in In re Tobacco Cases II, JCCP No. 4042. In that order, Judge Prager followed the Branick line of cases, rather than the Mervyn's case, in holding that Prop. 64 is retroactive. This order has been added to my list of Prop. 64 orders.

On Wednesday, the Supreme Court granted the request of Consumer Attorneys of California to file an amicus brief on the Prop. 64 issue in Kids Against Pollution v. California Dental Association, case no. S117156.

Finally, I've become aware of two more pending appeals in which the Prop. 64 retroactivity issue has been raised:

• Gutierrez v. Nick Pecoraro Painting & Decorating, Inc., Fourth Appellate District, Division One, case no. D044666 (as reported by a blog reader)
  
• Hartford Fire Ins. Co. v. Superior Court, First Appellate District, Division One, case no. A109257 (petition for writ of mandate filed 02/17/05; opposition filed 03/09/05)

The appellate-level developments have not yet been added to my list of Prop. 64 appeals. I will try to find time to update that list over the weekend.
- posted by Kim Kralowec @ 8:46 AM