Class Action Deform Complete
AAA Does Not Follow The Lead of JAMS re Anti-Employee Arbitration Clauses

Prop 64 Retroactivity Still in the News

We thought the decision in Branick v. Downey Savings & Loan Association (eight days after oral argument) was fast. We hadn't seen nuthin' yet.

Division One of the Fourth District Court of Appeal recently weighed in with its opinions on Proposition 64 retroactivity in two cases that were argued on February 17, 2005.** Just one day after hearing arguments, the court issued its opinion in Bivens v. Corel Corp. The court agreed with the Branick and Benson decisions, and followed Branick's rule permitting substitution of suitable plaintiffs under certain circumstances, if the plaintiff of record fails to meet the standing requirement. The opinion in Lytwyn v. Fry's Electronics, Inc. didn't make it out for another court day, which, because of the weekend and holiday, was today. Not surprisingly, it, too, held that Prop. 64 applies to pending cases. You can read or download Bivens in word format or in pdf. Lytwyn is also available in word format or in pdf.

Meanwhile, in the only published case going the other way, Californians For Disability Rights v. Mervyn's California, Inc., Division 4, Case Number A106199, the defendant has filed a petition for rehearing, undoubtedly to discuss the four new cases calling for retroactive application of the new standing requirements.

The appellate districts' published opinions currently state as follows:
1st District - Not Retroactive.
2nd District - Retroactive.
3rd District - No word yet.
4th District - Retroactive (Per Divisions 1, 3)
5th District - No word yet.
6th District - No word yet.

** I tried to make it down to watch the arguments in those cases, but couldn't. As it turns out, I didn't need to wait long to find out where that court stood.


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