Civil Grand Jury Reports 1995-96

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It is well established that an appellate court has the discretion to determine that a new rule of la will only apply prospectively when the court has overruled a previous decision. County of Los Angele v - F au ? (1957) 48 Cal.2d 672. The factors that determine whether a decision should be retroactively applied are: 1) the extent to which the change in the law was foreseeable; 2) the extent of the reliance placed upon the former rule of law; 3) whether reasons of fairness and public policy prec
...lude full retroactivity; and 4) whether the new rule will disturb vested rights. Kriesher v. Mobil Oil Corp. (1988 198Cal.App.3d389.
A persuasive argument can be made under the foregoing criteria that Rider should not be applie retroactively. First, Rider effectively overrules the Court's previous definitions of "special district" an

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