Is a factor to a jury beyond a reasonable doubt when it comes to determining whether a plaintiff is a retrospective defendant?

factor to a jury beyond a reasonable doubt with respect to prospective defendants, but not retrospective defendants. (People v. Bradford, supra, 227 Cal.App.4th at pp. 1334-1336.)

Defendant is arguing, however, that it does violate equal protection. This claim is subject to the rational basis test. (See People v. Wilkinson (2004) 33 Cal.4th 821, 836-837.) Under this test, "equal protection of the law is denied only where there is no 'rational relationship between the disparity of treatment and some legitimate governmental purpose.' [Citation.]" (People v. Turnage (2012) 55 Cal.4th 62, 74.)