The UCL Practitioner
Tuesday, March 15, 2005
Court of Appeal issues unpublished opinion in Boling v. Santa Maria
Yesterday, the Court of Appeal (Fourth Appellate District, Division Three) issued an unpublished opinion in Boling v. Michael Santa Maria (no. G033691). The Court simply followed Benson v. Kwikset Corp. in holding that Prop. 64 applies retroactively to pending cases. The opinion is an anticlimax, because the Court had allowed multiple parties to file amicus briefs on the Prop. 64 retroactivity issue, leading everyone to expect a more in-depth analysis of the issue. I believe there were more amicus filings in the Boling case than in any other pending appeal so far. Notably, the Consumer Advocates v. DaimlerChrysler court—which also issued an anticlimactic, unpublished opinion—denied all amicus filing requests at around the same time the Boling Court was granting them.
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