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  • The UCL Practitioner
    © 2005-2006
    by Kimberly A. Kralowec





Proposition 64 Pending Appeals
(Updated 08/16/06)

California Supreme Court:
  • Kids Against Pollution v. California Dental Assn., Cal. Supreme Court case no. S117156 (review granted 09/17/03; supplemental brief raising Prop. 64 filed 12/10/04; response to supplemental brief filed 01/19/05; multiple amicus curiae briefs filed)

  • Californians for Disability Rights v. Mervyns, Cal. Supreme Court case no. S131798 (depublication request filed 02/28/05; petition for review filed 03/14/05; answer filed 04/01/05; reply filed 04/11/05; review granted 04/27/05; opening brief on the merits filed 05/31/05; answer brief on the merits filed 07/14/05; reply brief on the merits filed 08/23/05; multiple amicus curiae briefs filed (many of which are available here); matter argued and submitted 05/31/06; opinion issued 07/24/06; petition for rehearing filed 08/8/06; answer to petition for rehearing filed 08/16/06)

  • Benson v. Kwikset Corp., Cal. Supreme Court case no. S132443 (petition for review filed by Kwikset Corp. 03/21/05; petition for review filed by Benson 03/22/05; answers filed 04/11/05 and 04/15/05; replies filed 04/21/05 and 04/25/05; review granted 04/27/05; briefing stayed pending outcome of Mervyn's)

  • Bivens v. Corel Corp., Cal. Supreme Court case no. S132695 (petition for review filed 03/29/05; answer filed 04/19/05; review granted 04/27/05; briefing stayed pending outcome of Mervyn's)

  • Lytwyn v. Fry's Electronics, Inc., Cal. Supreme Court case no. S133075 (no review petition filed; time to grant or deny review extended sua sponte on 04/15/05; depublication request filed 04/22/05; review granted 04/27/05; briefing stayed pending outcome of Mervyn's)

  • Thornton v. Career Training Center, Cal. Supreme Court case no. S133275 (depublication request filed 04/22/05; review granted 07/20/05; depublication request denied as moot; briefing stayed pending outcome of Mervyn's)

  • Schulz v. Neovi Data Corp., Cal. Supreme Court case no. S134073 (appellant's petition for review filed 05/19/05; respondent's petition for review filed 06/13/05; appellant's petition for review granted 08/10/05; briefing stayed pending outcome of Mervyn's and Branick)

  • Cohen v. Health Net of California, Inc., Cal. Supreme Court case no. S135104 (petition for review filed 06/27/05; answers filed 07/14/05 and 07/19/05; reply filed 07/27/05; petition for review granted 08/31/05; briefing stayed pending outcome of Mervyn's and Branick)

  • Consumer Advocates Group, Inc. v. Kintetsu Enterprises, Cal. Supreme Court case no. S135587 (petitions for review filed 07/15/05, 07/18/05, 07/19/05; petitions granted 09/28/05; briefing stayed pending outcome of Mervyn's and Branick)

  • Schwartz v. Visa Int'l Service Assn., Cal. Supreme Court case no. S138751 (petition for review filed 11/07/05; review granted 12/14/05; briefing stayed pending outcome of Mervyn's and Branick)

  • Hartford Fire Ins. Co. v. Superior Court, Cal. Supreme Court case no. S138751 (petition for review filed 01/10/06; review granted 02/08/06; briefing stayed pending outcome of Mervyn's and Branick)

  • Bivens v. Gallery Corp., Cal. Supreme Court case no. S140396 (petition for review filed 01/13/06; review granted 02/22/06; briefing stayed pending outcome of Mervyn's and Branick)

  • Young America Corp. v. Superior Court, Cal. Supreme Court case no. S141766 (petition for review filed 03/10/06; answer to petition for review filed 03/30/06; reply filed 04/07/06; time to grant or deny review extended to 06/08/06; review granted 05/10/06; briefing stayed pending outcome of Mervyn's and Branick)

California Courts of Appeal: Concluded Appellate Cases:
  • Poirer v. State Farm Mut. Auto. Ins. Co., Cal. Supreme Court case no. S129439 (petition for review filed 11/23/04; petition for review denied 01/12/05)

  • Krumme v. Mercury Ins. Corp., Cal. Supreme Court case no. S129812 (petition for review filed 12/09/04; petition for review denied 01/19/05)

  • Virtual Media Group, Inc. v. Superior Court, Cal. Supreme Court case no. S129816 (petition for review filed 12/08/04; informal response requested 01/12/05; informal response filed 01/24/05; informal reply filed 01/27/05; petition for review denied 02/16/05)

  • Consumer Advocates v. DaimlerChrysler Corp., Fourth Appellate District, Division Three, case no. G029811 (supplemental briefing on Prop. 64 ordered 11/08/04; supplemental briefs filed 12/03/04; case resubmitted 12/13/04; unpublished opinion issued 01/31/05 did not address Prop. 64 retroactivity issue)

  • Gnesda v. Superior Court, Second Appellate District, Division One, case no. B181004 (petition for writ of mandate filed 02/10/05; petition denied 02/24/05)

  • Boling v. Michael Santa Maria, Fourth Appellate District, Division Three, case no. G033691 (supplemental briefing on Prop. 64 ordered 11/09/04; multiple supplemental briefs filed by parties and amici curiae; matter submitted 01/10/05; unpublished opinion issued 03/15/05)

  • Fair Business America, LLC v. Mattel, Inc., Third Appellate District, case no. C044134 (supplemental briefing on Prop. 64 ordered 11/23/04; supplemental briefs filed 12/15/04; oral argument calendared for 03/21/05, 9:30 a.m.; stipulation to dismiss appeal filed 03/17/05; oral argument taken off calendar; remittitur issued 03/22/05)

  • Duran v. Superior Court (May Dept. Stores), Fourth Appellate District, Division Two, case no. E037693 (petition for writ of mandate filed 03/16/05; petition for writ of mandate denied 03/23/05)

  • Duran v. Superior Court (May Dept. Stores), Cal. Supreme Court case no. S132689 (petition for review filed 04/01/05; review denied 04/27/05))

  • Schulz v. Ginix Corporation, Fourth Appellate District, Division Three, case no. G033879 (supplemental briefing on Prop. 64 ordered 11/22/04; supplemental briefs filed 12/15 and 12/20/04; matter argued and submitted 01/21/05; unpublished opinion issued 04/11/05)

  • Foundation Aiding the Elderly v. Superior Court, First Appellate District, Division Four, case no. A109442 (petition for writ of mandate filed 03/11/05; opposition requested 03/17/05; opposition filed 03/28/05; writ issued 04/01/05 in unpublished opinion; publication request filed 04/15/05)

  • Mastercard Int'l, Inc. v. Superior Court, Cal. Supreme Court case no. S131416 (petition for review filed 02/14/05; time to grant or deny review extended 04/14/05; review denied 04/27/05)

  • Wilens v. JP Morgan Chase & Co., Fourth Appellate District, Division Three, case no. G033660 (supplemental briefing on Prop. 64 ordered 11/24/04; supplemental briefs filed 12/22/04; matter argued and submitted 01/20/05; submission vacated 03/09/05 pending outcome of Discover Bank v. Superior Court (2003) 105 Cal.App.4th 326, review granted 04/09/03, Cal. Supreme Court case no. S113725; appeal voluntarily dismissed 04/27/05)

  • United Investors v. Waddell & Reed, Inc., Second Appellate District, Division Five, case no. B176546 (motion to dismiss based on Prop. 64 filed 11/19/04; motion denied 01/20/05 in published opinion, 125 Cal.App.4th 1300; briefing on the merits complete as of 03/01/05; case voluntarily dismissed 06/02/05)

  • Foundation Aiding the Elderly v. Superior Court, Cal. Supreme Court case no. S133293 (petition for review filed 04/11/05; petition deemed "premature" by Supreme Court; case start date designated as 05/03/05; answer to petition filed 05/20/05; reply filed 05/31/05; petition for review denied 06/08/05)

  • Cohen v. Los Alamitos Medical Center, Inc., Fourth Appellate District, Division Three, case no. G033868 (supplemental briefing on Prop. 64 ordered 02/03/05; matter argued and submitted 02/23/05; unpublished opinion issued 04/27/05; rehearing petition filed 05/03/05; opinion modified 05/25/05; opinion partially published; petition for review filed)

  • McCan v. Lucky Money, Inc., Fourth Appellate District, Division Three, case no. G032727 (supplemental briefing on Prop. 64 ordered 11/08/04; supplemental briefs filed 12/17 and 12/20/04; matter argued and submitted 03/24/05; unpublished opinion filed 05/09/05; rehearing petition filed 05/25/05; answers filed 06/01/05 and 06/02/05; rehearing denied 06/06/05; opinion partially published 06/06/05)

  • Frey v. Trans Union Corp., Cal. Supreme Court case no. S133272 (depublication request filed 04/22/05; opposition filed 05/13/05; case depublished 07/20/05)

  • Quatman v. Raceway Ford, Fourth Appellate District, Division Two, case no. E035830 (order requesting supplemental briefing on Prop. 64 filed 03/07/05; supplemental letter briefs filed 03/22/05 and 03/23/05; tentative opinion issued 05/06/05; matter argued and submitted 07/06/05; unpublished opinion issued 07/20/05)

  • Philips v. Huntington Memorial Hospital, Second Appellate District, Division One, case no. B167052 (order inviting supplemental briefing on Prop. 64 issued 03/01/05; supplemental briefing completed 04/01/05; matter argued and submitted 06/22/05; unpublished opinion not addressing Prop. 64 retroactivity filed 08/30/05)

  • Wilson v. Brawn of California, First Appellate District, Division One, case nos. A105461, A106367 (supplemental briefing on Prop. 64 ordered 11/19/04; briefing completed 02/01/05; matter argued and submitted 07/15/05; unpublished opinion not addressing Prop. 64 retroactivity filed 09/02/05)

  • Petrini Van & Storage, Inc. v. Superior Court, Third Appellate District, case no. C049042 (petition for writ of mandate filed 02/22/05; alternative writ issued 03/10/05; real party's return filed 04/11/05; reply to return filed 04/26/05; case fully briefed as of 04/26/05; oral argument waiver notice issued 05/24/05; matter argued and submitted; unpublished opinion holding Prop. 64 applies to pending cases issued 09/08/05)

  • McCann v. Lucky Money, Inc., Cal. Supreme Court case no. S134874 (petition for review filed 06/21/05; answer to petition for review filed 07/27/05; reply filed 08/09/05; petition for review denied 09/21/05)

  • Privacy Rights Clearinghouse v. JetBlue Airways, Fourth Appellate District, Division One, case no. D045568 (as reported by a blog reader) (motion to dismiss based on Prop. 64 filed 04/08/05; opposition filed 04/25/05; reply filed 05/17/05; motion to dismiss will be considered concurrently with merits; case fully briefed as of 09/16/05; argued and submitted 11/16/05; unpublished opinion issued 11/22/05)

  • Gutierrez v. Nick Pecoraro Painting & Decorating, Inc., Fourth Appellate District, Division One, case no. D044666 (as reported by a blog reader) (motion to dismiss appeal filed 01/21/05; motion denied 03/02/05; case fully briefed as of 08/01/05; supplemental briefing on issues unrelated to Prop. 64 retroactivity ordered 09/23/05; supplemental briefs due 10/24/05; argued and submitted 11/17/05; unpublished opinion issued 11/23/05)

  • Hartford Fire Ins. Co. v. Superior Court, First Appellate District, Division One, case no. A109257 (petition for writ of mandate filed 02/17/05; opposition filed 03/09/05; reply filed 03/18/05; OSC and stay order issued 03/30/05; real party's return filed 04/29/05; order issued 05/02/05 granting petitioners leave to file answer to return; answer to return filed 05/17/05; oral argument scheduled for 10/05/05, 1:30 p.m.; argued and submitted 10/05/05; published opinion issued)

  • Dunham v. Memberworks, Inc., First Appellate District, Division Five, case no. A107261 (motion to dismiss based on Prop. 64 filed 02/16/05; opposition to motion to dismiss filed 03/18/05; motion to dismiss denied 05/03/05 without opinion; briefing on the merits not yet complete; motion to stay proceedings on appeal filed 07/21/05; opposition filed 08/08/05; motion to stay denied 08/15/05; argued and submitted 11/18/05; unpublished opinion issued 12/29/05)

  • Jones v. Citigroup, Fourth Appellate District, Division Three, case no. G033663 (supplemental briefing on Prop. 64 ordered 11/24/04; supplemental briefs filed 12/22/04; matter argued and submitted 01/20/05; submission vacated 03/09/05 pending outcome of Discover Bank v. Superior Court (2003) 105 Cal.App.4th 326, review granted 04/09/03, Cal. Supreme Court case no. S113725; case ordered resubmitted as of 07/28/05; submission vacated and case resubmitted again as of 10/17/05: "The reason is to allow addt'l time for preparation of court's opinion. Cause resubmitted for the period allowed by law."; published opinion issued 01/26/06 did not address Prop. 64)

  • Dunham v. Memberworks, Inc., Cal. Supreme Court case no. S140855 (petitions for review filed 02/03/06; review denied 03/15/06)

  • Brazil v. Sara Lee Corp., Cal. Supreme Court case no. S141348 (publication request filed 02/24/06; petition for review filed 03/06/06; review and publication denied 04/12/06)

  • Branick v. Downey Savings & Loan Assn., Cal. Supreme Court case no. S132433 (petition for review filed 03/22/05; answer filed 04/11/05; reply filed 04/22/05; review granted 04/27/05 on limited issue; additional issues ordered briefed 05/18/05; opening brief on the merits filed 06/13/05; answer brief on the merits filed 07/25/05; overlength reply brief submitted 08/31/05; leave to file overlength reply brief granted 09/02/05; multiple amicus curiae briefs filed (many of which are available here); matter argued and submitted 05/31/06; opinion issued 07/24/06)


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