Many thanks to the reader who forwarded this unpublished Court of Appeal order in Mejia v. Superior Court, case no. B182259 (Second Appellate District, Division Two). The order directs the trial court to grant the plaintiffs leave to amend their complaint to satisfy the requirements of Proposition 64, even though that would mean postponing the trial. The order is dated April 19, 2005, and cites Benson and Lytwyn, two Fourth District cases. Eight days later, the Supreme Court granted review in both of those cases. Evidently, the plaintiffs did not challenge the trial court's retroactivity ruling, and I am unaware of any cases in which the Second District, Division Two, has ruled on Prop. 64 retroactivity. The trial court's order, which was subsequently amended to comply with the Court of Appeal's directive, is accessible here. I'm told that the battle in the trial court is now over whether the amendment "relates back" for statute of limitations purposes.
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