The UCL Practitioner
Tuesday, December 21, 2004
Prop. 64 raised in pending Cal. Supreme Court case: Kids Against Pollution v. Cal. Dental Assn.
According to this link, a supplemental brief filed on December 10, 2004 in Kids Against Pollution v. California Dental Assn., no. S117156 (rev. granted 09/17/03), raises the Proposition 64 issue. The Court of Appeal opinion was originally published at Kids Against Pollution v. California Dental Assn., 108 Cal.App.4th 1003 (2003), and held that the defendant's anti-SLAPP motion should have been granted. The Supreme Court's main case screen describes the issue on review as follows:
Petition for review after the Court of Appeal reversed an order denying a special motion to strike. This case includes the following issue: Were all of plaintiffs’ causes of action under the Unfair Competition Law (Bus. & Prof. Code, §17200 et seq.), based upon various aspects of the defendant dental association’s course of conduct relating to the health controversy over the safety of mercury amalgam fillings, subject to a special motion to strike under Code of Civil Procedure section 425.16?
This case reminds me of Northern California Carpenters Regional Council v. Warmington Hercules Associates, ___ Cal.App.4th ___ (Nov. 22, 2004), in which the Court of Appeal decided an anti-SLAPP issue without even mentioning Prop. 64 or its potential impact. (See my original post on the Northern California Carpenters case.) That makes at least two petitions for review and one pending case in which the Supreme Court has been asked to decide the Proposition 64 retroactivity question.
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