Beaver
Beaver v. Tarsadia Hotels
Opinion
Lead Opinion
Curiel, J.
*1326 ORDER RE RETROACTIVITY OF RECENT 2014 AMENDMENT TO THE INTERSTATE LAND SALES ACT; SUA SPONTE CERTIFYING ORDERS FOR INTERLOCUTORY APPEAL
On September 26, 2014, a bill that amended the Interstate Land Sales Disclosure Act (“ILSA”) to exclude condominiums from the registration and disclosure requirements was enacted. As a result, the liability of Tarsadia Defendants 1 depends on whether the amendment applies to the pending case. Therefore, on October 1, 2014, the Court directed the parties to brief whether the recent legislation enacted on September 26, 2014 applies retroactively to this case. (Dkt. No. 170.) On October 17, 2014, both parties filed a supplemental brief regarding retroactivity of the ILSA legislation. (Dkt. Nos. 171, 172.) On October 24, 2014, the parties filed a response to the supplemental briefs. (Dkt. Nos. 173, 174.) Based on the reasoning below, the Court concludes that the 2014 amendment to the ILSA does not apply retroactively to the instant case.
Background
On October 16, 2013, 978 F.Supp.2d 1124 (S.D.Cal.2013), the Court, inter alia, denied Plaintiffs’ 2 motion for summary judgment on the “unlawful prong” of California’s Unfair Competition Law…