Oral argument has been scheduled for November 17, 2005 at 9:00 a.m. in San Diego in Gutierrez v. Nick Pecoraro Painting & Decorating, Inc., case no. D044666 (Fourth Appellate District, Division One). In that case, the respondent moved to dismiss the appeal, arguing (I'm told) that Prop. 64 applied retroactively to strip the appellant of standing. That motion was denied. Later, the parties stipulated to stay the appeal pending the outcome of Mervyn's and Branick. The Court of Appeal rejected that stipulation, however, and ordered the parties to complete merits briefing.
November 17 is an auspicious date. At least one other appeal raising Prop. 64 retroactivity will be argued on that day. Dunham v. Memberworks, Inc., case no. A107261 (First Appellate District, Division Five) will be heard on November 17 at 11:00 a.m. in San Francisco (as I previously reported). If anyone attends one of these arguments and sends me a report, I will put it up. (I won't be able to attend myself due to a calendar conflict.)