The UCL Practitioner
Friday, February 25, 2005
More appellate-level developments
Yesterday, the Court of Appeal denied the review petition in Gnesda v. Superior Court (Fourth Appellate District, Division One). On February 14, a rehearing petition was filed in Benson v. Kwikset (Fourth Appellate District, Division Three). And as I previously reported, a rehearing petition has been filed in CDR v. Mervyn's (First Appellate District, Division Four). This means that rehearing petitions are now pending in two out of the five cases in which the Prop. 64 retroactivity question has been decided.

Since we pretty much know where the First, Second, and Fourth Districts are headed, what I'm really looking forward to is the oral argument in Fair Business America, LLC v. Mattel, Inc., which is pending before the Third District. In the Fifth District, the Prop. 64 retroactivity question was raised in Diaz v. Fresno Dodge, but in December the court decided that case without reaching the Prop. 64 question. (On Wednesday, the Supreme Court denied a request to publish the unpublished opinion in that case.) So far, I haven't heard of any Sixth District cases in which the Prop. 64 question has been raised.
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