Last week, the Court of Appeal (Second Appellate District, Division Eight) held in an unpublished opinion that Prop. 64 does not apply retroactively to pending cases. Banales v. AT&T Wireless Services, Inc., no. B184031. This is the same District and Division that decided Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, 129 Cal.App.4th 540 (2005) (review granted 09/28/05).
UPDATE: I believe this is the trial court's underlying order granting judgment on the pleadings in Banales. The order received some press coverage at the time (Dec. 2004) because it was one of the earliest trial court orders on Prop. 64 retroactivity. Last week's appellate decision reverses that order (or, more precisely, the judgment of dismissal that would have followed that order) and reinstates the plaintiff's case.