The UCL Practitioner
Friday, November 05, 2004
"Prop 64 victory makes finding a plaintiff crucial"
This morning's Recorder has the story, which reports that defense motions to dismiss have already started to be filed based on Proposition 64. The article also quotes Lerach Coughlin partner Reid Kathrein, who "hopes that an unintended consequence of Prop 64 may be to ease the [class] certification process. 'The courts may be more likely to certify them ... if the alternative is not granting any relief,' he said." That's a very interesting thought. The Daily Journal also has a piece by a defense attorney, "Toss Suits Affected by Proposition 64," which asserts without any real analysis that the amendments will apply retroactively to all pending cases. It also points out that the California Constitution, Article II, sec. 10(a) states that initiative measures take effect the day after the election.
It would be great if you could post the stories. I have already received my first threatening letter from a defense attorney demanding I dismiss a pending private attorney general action. I told him to "f" off. If you remember Proposition 51, the courts held that was not retroactive because it made substantial changes in the tort law on non-economic damages. I don't see how this would be any different and Prop 64 does not specify it is to be applied retroactively.
I thought finding a plaintiff was easy...why would you sue if there wasn't a plaintiff?
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