On 3/29/2005, Judge A. Rex Victor in Dept. S-15 of the San Bernardino Superior Court took judicial notice of Proposition 64 and applied it retroactively to sustain a demurrer in Bosch v. Kia Motors, et al. (SBSC Case No. SCVSS92702). The Court's minute order on the SBSC web-site provides:

COURT FINDS: REQUEST TO TAKE JUDICIAL NOTICE OF PROP 64 GRANTED. DEMURRER BY SHAVER DEFENDANTS TO THE 3RD AMENDED COMPLAINT IS SUSTAINED WITH 30 DAYS LEAVE TO AMEND AS TO THE 8TH, 10TH AND 11TH CAUSES OF ACTION. DEMURRER IS SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE 6TH CAUSE OF ACTION. ...

This case was initially filed in 2002. In December, plaintiffs amended to add new causes of action, so defendants demurred to 8th and 11th causes of action (B&P 17200 and 17500, respectively) based upon Prop 64 and their lack of standing. Plaintiffs have been granted leave to try to plead injury in fact and loss of money or property on these causes of action.

- posted by Kim Kralowec @ 9:23 AM