A request for partial publication of the Court of Appeal's opinion has been filed with the Supreme Court in Branick. Under Rule of Court 976(d)(2), the Supreme Court has authority to order a Court of Appeal opinion published "at any time after granting review." The Court of Appeal's opinion, which was originally certified for publication, was effectively depublished in its entirety when the Supreme Court granted review. See Rule of Court 976(d)(1). An educated guess suggests that publication is being sought of the Court of Appeal's holding that the Home Owners' Loan Act (12 U.S.C. §§ 1461 et seq.) did not preempt the plaintiff's UCL claim. Branick v. Downey Sav. & Loan Assn., 126 Cal.App.4th 828, 835-39 (2005), aff'd, Branick v. Downey Sav. & Loan Assn., 39 Cal.4th 235 (2006).
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