Legal Question in Appeals and Writs in California
Can State Supreme Court Over-rulings Be Retroactively Appiled to Appeals?
I, as plaintiff, sued and lost a slander/libel case in San Diego Superior Court. The court denied reimbursement of attorney fees to the defendant, based upon some existing case law. The case law (I don't know which one it was)has recently been appealed by someone unknown to me to the California Supreme Court. One attorney tells me that ''new case law cannot be applied retroactively'' and that even if the California Supreme Court overturns the case, I cannot be held liable for attorney fees denied before the case was decided. Another attorney tells me the aforemented is ''simply wrong''. What's the factual answer relative to new case law being applied, or not being allowed to be applied, retroactively. Thanks VERY much!
3 Answers from Attorneys
Re: Can State Supreme Court Over-rulings Be Retroactively Appiled to Appeals?
Please tell me the case and the statute relied upon regarding attorney fees in libel and I will contact you. My phone number is 714 363 0220
Re: Can State Supreme Court Over-rulings Be Retroactively Appiled to Appeals?
The answer to your questions is: it depends. California Supreme Court cases are usually not applied retroactively, but sometimes the Court will specify in the opinion that it should be applied retroactively.
There are also other considerations. I am not suprised that you got more than one answer to a seemingly simple question. Unfortunately, you need legal advice, not just legal information, because you need answers specific to your situation. Try to find an attorney that you believe in, not just someone who gives you the answer you want to hear...
Re: Can State Supreme Court Over-rulings Be Retroactively Appiled to Appeals?
Yes, supreme court decisions generally are retroactive to all cases not finally decided. That is because only the supreme court says what the law is. Reliance on court of appeal cases is unjustified if the supreme court has never established the "correct" rule of law. (See Newman vs. Emerson Radio.) But sometimes the decision is NOT given a retrospective application.
(See Moradi-Shalal vs. Fireman's Fund Ins. Co.) Or if a statute is involved, it won't be applied retroactively if doing so would change the legal effect of past acts.
Your second advisor is right. By the way, I'd like to know the name/number of the other case for my own information. Absent a statute or contract right to the contrary, or one of the few exceptions to the rule, fees are not awardable in an action. Are you sure the award in the other case, or attempt in your case, wasn't based on a request for sanctions, which sanctions included fees?
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