The First District sticks to its guns on Prop. 64 retroactivity
As I reported late last Friday, the First Appellate District, Division Four, has reaffirmed its holding in Mervyn's. In an unpublished opinion, that Court reversed Judge Sabraw's order in the FATE cases in Alameda County. Foundation Aiding the Elderly v. Superior Court, First Appellate District, Division Four, case no. A109442.

This is not the only development in the First District. On February 3, Division Five denied a writ petition challenging Judge Kramer's first non-retroactivity order. Mastercard Int'l, Inc. v. Superior Court, First Appellate District, Division Five, case no. A108995. (A petition for review is now pending in that case. See Mastercard Int'l v. Superior Court, Cal. Supreme Court case no. S131416.) Last week, on March 30, Division One issued an order to show cause why the writ petition should not be granted in the other case in which Judge Kramer issued a similar order. Hartford Fire Ins. Co. v. Superior Court, First Appellate District, Division One, case no. A109257. At least two other cases are now pending in the First District in which the parties raised the Prop. 64 retroactivity issue in supplemental briefs. Wilson v. Brawn of California, First Appellate District, Division One, case nos. A105461, A106367; Dunham v. Memberworks, Inc., First Appellate District, Division Five, case no. A107261. It will be interesting to see how this plays out.
- posted by Kim Kralowec @ 12:01 AM