The UCL Practitioner
Wednesday, August 24, 2005
Supreme Court gives itself more time to grant or deny review in another Prop. 64 case
Last week, on August 19, 2005, the Supreme Court gave itself until September 23, 2005 to grant or deny review in Cohen v. Health Net of California, Inc., no. S135104. The appellate opinion, Cohen v. Health Net of California, Inc., ___ Cal.App.4th ___ (Apr. 27, 2005) (Fourth Appellate District, Division Three) was only partially published. The portion addressing Prop. 64 was not published. We know that the petition for review concerns issues addressed in both the published and the unpublished portions of the opinion, including Prop. 64 retroactivity. Either the Supreme Court is breaking away from its prior pattern of reviewing only the published retroactivity cases, or it found something interesting in the non-Prop. 64 parts of the case.
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