Supreme Court finally transfers Prop. 64 "grant and hold" cases back to Courts of Appeal

Today, the Supreme Court disposed of all of the "grant and hold" Prop. 64 retroactivity cases, which have been pending in appellate limbo since Mervyn's and Branick were decided in July 2006. The cases have all been transferred back to their respective Courts of Appeal for further proceedings. These are the affected cases:

  • BIVENS v. COREL CORPORATION • S132695 • D043407 • Dismissed - to CA 4/1

  • BIVENS v. GALLERY CORPORATION • S140396 • D045557 • Dismissed - to CA 4/1

  • COHEN v. HEALTH NET • S135104 • G033868 • Dismissed - to CA 4/3

  • CONSUMER ADVOCACY GROUP v. KINTETSU ENTERPRISES • S135587 • B158840 • 2/8 Transferred after hold

  • HARTFORD FIRE INSURANCE v. S.C. (TURNER) • S140272 • A109257 • 1/1 Transferred after hold

  • LYTWYN v. FRYS ELECTRONICS • S133075 • D042401 • Dismissed - to CA 4/1

  • SCHULZ v. NEOVI DATA CORPORATION • S134073 • G033879 • 4/3 Transferred after hold

  • SCHWARTZ v. VISA INTERNATIONAL SERVICE ASSOCIATION • S138751 • A105222 • Dismissed - to CA 1/2

  • THORNTON v. CAREER TRAINING CENTER • S133938 • D044598 • Dismissed - to CA 4/1

  • YOUNG AMERICA CORPORATION v. S.C. (LYNCH) • S141766 • C049337 • 3 Transferred after hold

The Supreme Court seems to have forgotten one of the "grant and hold" cases, Benson v. Kwikset Corp., no. S132443, in which a "grant and hold" order was issued in April 2005.

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More thoughts on Monday's Fifth Circuit class certification decision: Regents of the University of California v. Credit Suisse First Boston (USA), Inc.