CA 3rd: Legislative Intent Governs Retroactivity

The Third Appellate District of the California Court of Appeals issued an opinion Friday that goes to the heart of statutory construction where a statute is legislatively amended in the middle of litigation, relying on the Supreme Court's decision in Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019, to conclude that clarification of the law as expressed by legislative intent will govern a statute's retroactivity.In California Dep't Of Corr. v. State Personnel Bd. (C044329, September 03, 2004), Henning, the real party in interest, was an art instructor for the California Departme...