Yet Another Published Proposition 64 Case
The cases are piling up in favor of retroactivity. Today the Fourth Appellate District published Bivens v. Corel Corp., again holding that Proposition 64 applies retroactively to cases filed (and in this case, tried and appealed) before its passage.
The only case holding that it is not retroactive, Californians for Disability Rights v. Mervyn's LLC, stands alone.