On September 13, 2006, the Supreme Court issued the following order in Kids Against Pollution v. California Dental Association, no. S117156:
The above-entitled matter is transferred to the Court of Appeal, First Appellate District, Division Three, with directions to vacate its decision and to reconsider the cause in light of Californians for Disability Rights v. Mervyn's, LLC (2006) 39 Cal.4th 223 and Branick v. Downey Savings and Loan Assn. (2006) 39 Cal.4th 235. (Cal. Rules of Court, rule 29.3(d).)
In that case, review was granted in September 2003, more than a year before Prop. 64 passed. In fact, the case was fully briefed as of mid-2004, but when Prop. 64 passed, one of the parties filed a supplemental brief on Prop. 64 retroactivity, and a series of amicus filings followed. The Court of Appeal's docket is accessible here.
As of yesterday, still no activity in the ten cases in which the Supreme Court granted review but deferred further briefing pending the outcome of Mervyn's and Branick.