Does a judicial decision retroactively apply?

" 'As a rule, judicial decisions apply "retroactively." [Citation.] Indeed, a legal system based on precedent has a built-in presumption of retroactivity. [Citation.]' " (People v. Guerra (1984) 37 Cal.3d 385, 399, 208 Cal.Rptr. 162, 690 P.2d 635.) If a judicial decision does not establish a new rule of law " 'no question of retroactivity arises,' because there is no material change in the law. [Citations.]" (Id. at p. 399, 208 Cal.Rptr. 162, 690 P.2d 635.)