Last week, on September 28, the Supreme Court issued a "grant and hold" order in Consumer Advocates Group, Inc. v. Kintetsu Enterprises, case no. S135587. Briefing is deferred pending the outcome of Branick and Mervyn's. The Court of Appeal's opinion, which held that Prop. 64 may not be applied to pending cases, was published at 129 Cal.App.4th
450 540 (2005). Like all the other cases in which the Supreme Court has granted review, and to quote Justice Stein from Wednesday's argument, it is now merely "words written on the wind."