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California’s Proposition 64 and Retroactivity


— November 30, 2004

Is Proposition 64, which “reformed” California’s notorious “Unfair Competition Law” (Cal. Business and Professions Code Sec. 17200 et seq.), retroactive? Nobody knows yet. But The UCL Practitioner has compiled the latest skinny on the topic here. Basically, defense attorneys are arguing that it is/should be retroactive, while plaintiffs’ counsel argue that it isn’t/shouldn’t be. If it does apply to existing cases, it’s going to generate a lot of motion practice in California courts in short order.


Is Proposition 64, which “reformed” California’s notorious “Unfair Competition Law” (Cal. Business and Professions Code Sec. 17200 et seq.), retroactive? Nobody knows yet. But The UCL Practitioner has compiled the latest skinny on the topic here. Basically, defense attorneys are arguing that it is/should be retroactive, while plaintiffs’ counsel argue that it isn’t/shouldn’t be. If it does apply to existing cases, it’s going to generate a lot of motion practice in California courts in short order.

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