What is the test for retroactive retroactivity in a medical malpractice case?
California, United States of America
The following excerpt is from Bank of America v. Angel View Crippled Children's Foundation, 72 Cal.App.4th 451, 85 Cal.Rptr.2d 117 (Cal. App. 1999):
5 We recognize that when a statute shows no clear retroactive intent from its text, its remedial nature, standing alone, is insufficient to overcome the presumption against retroactivity. (Evangelatos v. Superior Court, supra, 44 Cal.3d at p. 1213, fn. 17, 246 Cal.Rptr. 629, 753 P.2d 585.) That is not the case here.
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