The UCL Practitioner
Friday, August 12, 2005
Supreme Court grants review in another Prop. 64 retroactivity case
On Wednesday, the Supreme Court issued a "grant and hold" order in Schulz v. Neovi Data Corp. (case no. S134073) (previously published at 129 Cal.App.4th 1 (2005)). What's interesting about this is that the discussion of Prop. 64 retroactivity is in the unpublished portion of the Schulz opinion. Regular readers may recall that I filed (as did counsel for Mr. Schulz) a request for partial publication of other parts of the Schulz opinion, relating to aider and abettor liability under the UCL. This is the first case in which the Supreme Court granted review of an intermediate appellate ruling in which the Prop. 64 retroactivity analysis was unpublished. It could be that the Court granted review because of two explanatory sentences in the introduction and in the conclusion that reveal the outcome of the unpublished Prop. 64 analysis (which was that Prop. 64 applies to pending cases). Many thanks to the reader who alerted me to this development. The case has been added to my list of pending Prop. 64 appeals.
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