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CALIFORNIANS FOR DISABILITY RIGHTS v. MERVYN'S, LLC

No. A106199.

24 Cal.Rptr.3d 301 (2005)

CALIFORNIANS FOR DISABILITY RIGHTS, Plaintiff and Appellant, v. MERVYN'S, LLC, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

Review Granted April 27, 2005.

Attorney(s) appearing for the Case

Rosen, Bien & Asaro, Andrea G. Asaro, San Francisco, Holly M. Baldwin; Zelle, Hofmann, Voelbel, Mason & Gette, Daniel S. Mason, Marina Del Rey; Disability Rights Advocates, Sidney Wolinsky, Oakland, Monica Goracke; The Sturdevant Law Firm, James C. Sturdevant, Monique Olivier, San Francisco, for Plaintiff and Appellant Californians for Disability Rights.

Robinson, Calcagnie & Robinson, Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant, Amicus Curiae.

Morrison & Foerster, Los Angeles, David F. McDowell, Los Angeles; Morrison & Foerster, San Francisco, Linda E. Shostak, Gloria Y. Lee, San Francisco, for Defendant and Respondent Mervyn's, LLC.

Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, David N. Makous, Los Angeles, for ReadyLink HealthCare, Inc. as Amicus Curiae on behalf of Defendant and Respondent, Amicus Curiae.

SEPULVEDA, J.

We deny a motion to dismiss an appeal upon concluding that Proposition 64, which imposes limits on private enforcement of unfair competition laws, does not apply to lawsuits filed before its effective date of November 3, 2004.

FACTS

Appellant Californians for Disability Rights (CDR) is a nonprofit corporation organized to protect the interests of persons with disabilities. On May 21, 2002, CDR filed a lawsuit against respondent Mervyn...

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