New Supreme Court review petition: Lytwyn v. Fry's Electronics
UPDATE: After writing the post below, I was informed that no petition for review was filed and that what has actually happened is the Supreme Court reached out sua sponte to consider granting review in Lytwyn v. Fry's Electronics, Inc., 126 Cal.App.4th 1455 (2005). See Rule of Court 28.2(c). That is almost unheard of and is extremely significant. I will post more here if/when I learn anything else.

ORIGINAL POST: Many thanks to the reader who alerted me to another petition for review raising the Prop. 64 retroactivity issue:

• Lytwyn v. Fry's Electronics, Cal. Supreme Court case no. S133075

Oddly, the docket does not indicate when the review petition was filed, but it does say that on Friday, April 15, the Supreme Court gave itself additional time, through May 23, to grant or deny review. The main case screen says that the case was commenced last Friday, but that does not seem very likely, because the review petition would have been due by April 1. In any event, we now know that the Supreme Court has given itself more time to act in two different Prop. 64 retroactivity cases in a two-day period last week, which suggests that the Justices are looking at the issue very closely. The Court of Appeal's opinion in Lytwyn v. Fry's Electronics, Inc., 126 Cal.App.4th 1455 (2005), is accessible here.
- posted by Kim Kralowec @ 9:11 AM