New review petition: FATE v. Superior Court
According to the First District's docket, a petition for review was filed this week in Foundation Aiding the Elderly v. Superior Court. (The review petition does not yet show up in a search of the Supreme Court's docket.) This is the case in which the First District reaffirmed its view that Prop. 64 does not apply retroactively to pending cases. Unfortunately, the opinion is unpublished. According to the reader who informed me of this development, "[t]hey asked for a 'grant and hold' pending the outcome [of the petition for review] in Mervyn’s." Many thanks for that information. Now, the Prop. 64 retroactivity issue has been raised in at least seven pending Supreme Court review petitions, as well as in the Kids Against Pollution case, in which review was granted some time ago and in which supplemental briefs on Prop. 64 have been filed.
- posted by Kim Kralowec @ 9:27 AM