California, United States of America
The following excerpt is from Silas v. Arden, B235835 (Cal. App. 2012):
In general, statutes operate prospectively, while judicial decisions operate retroactively to pending cases. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1207.) "'"[A] retrospective law is one that affects rights, obligations, acts, transactions, and conditions which are peformed or exist prior to the adoption of the statute."'" (Id. at p. 1206.) Although as a general rule judicial decisions are to be given retroactive effect, there is a recognized exception: "'when a judicial decision changes a settled rule on
Page 14
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.