The UCL Practitioner
Thursday, May 26, 2005
Supreme Court broadens issues to be reviewed in Branick
Last week, the Supreme Court issued this order in Branick v. Downey Savings & Loan, no. S132433:
The court directs the parties to brief, in addition to the issue designated in its order of April 27, 2005, the following issue: Does Business and Professions Code section 17204 (as amended by Prop. 64, Gen. Elec. (Nov. 2, 2004)), which limits standing to bring an action under the Unfair Competition Law (Bus. & Prof. Code §17200 et seq.) to "any person who has suffered injury in fact and has lost money or property as a result of such unfair competition" (id., § 17204), apply to actions filed before November 3, 2004, the date on which Proposition 64 took effect?
It is interesting that the Court did not also order briefing on the question of whether the new class certification language applies retroactively. In any event, as of now, all issues will be addressed in Mervyn's, while the retroactivity of the "standing" language and the plaintiff's right to amend to add a new party that meets those requirements will be addressed in Branick.
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