What is the test for retroactive retroactivity in the context of a medical malpractice case?
California, United States of America
The following excerpt is from Ventura Cnty. Deputy Sheriffs' Ass'n v. Cnty. of Ventura, 275 Cal.Rptr.3d 842, 61 Cal.App.5th 585 (Cal. App. 2021):
"[T]he critical question for determining retroactivity usually is whether the last act or event necessary to trigger application of the statute occurred before or after the statute's effective date. [Citations.] A law is not retroactive merely because some of the facts or conditions upon which its application depends came into existence prior to its enactment. [Citation.]" ( People v. Grant (1999) 20 Cal.4th 150, 157, 83 Cal.Rptr.2d 295, 973 P.2d 72 ( Grant ).)
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