The UCL Practitioner
Friday, December 17, 2004
Yet another new Prop. 64 order
A reader writes in:
On December 15, 2004, Judge Peter J. Polos of the Orange County Superior Court overruled a demurrer ... arguing Proposition 64 barred a UCL action against GE Capital (Litalien v. GE Capital Corp., Case No. 04CC10082). There is no written ruling but the Judge explained that "intent" that the initiative's changes apply to pending cases was not apparent and therefore it could not be applied to pending cases. He rejected the "statutory repeal" doctrine because the entire statute was not repealed and because that doctrine does not override the focus on intent in recent case law.
This is the first order that I'm aware of in which the court considered, and rejected, the "statutory repeal" argument. I'm told that a formal order is being prepared. When I get it, I will put it up.
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