As I mentioned the other morning, I argued the Prop. 64 retroactivity question before the Court of Appeal (First Appellate District, Division One) this week. If I had been simply an observer, I would now summarize what occurred and give you a prediction as to the outcome. As an attorney representing one of the parties, I can't speak with that much candor. I will say that I was pleased with the presentation I gave, and anxiously await the court's decision. I can also tell you that the Prop. 64 issue was argued in another case while I was waiting for mine to be called. That case primarily involved another substantive issue, so the parties spent very little time on Prop. 64. Justice Stein observed in both cases that Court of Appeal opinions, whether published or unpublished, are merely "words written on the wind" until the Supreme Court speaks.
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