City of Redlands v. Sorensen

In City of Redlands v. Sorensen (1985) 176 Cal. App. 3d 202, the Court of Appeal determined that the Legislature's amendment of Civil Code section 1714.9, subdivision (a)(2), which qualifies the firefighter's rule by permitting tort recovery in specified circumstances, was retroactive, as it merely clarified longstanding exceptions to application of the firefighter's rule. The Court of Appeal reached that conclusion despite the fact that the Supreme Court had previously construed the firefighter's rule in a contrary fashion. (Hubbard v. Boelt (1980) 28 Cal. 3d 480.) In City of Redlands, the Legislature's decision to amend the statute was a direct response to the Supreme Court's opinion. The Court of Appeal explained that notwithstanding the Supreme Court's decision, it is "well established that the enactment of a statute or an amendment to a statute for the purpose of clarifying preexisting law or making express the original legislative intent is not considered a change in the law; in legal theory it simply states the law as it was all the time, and no question of retroactive application is involved. . . . That is precisely the situation here. Subdivision (b) of Labor Code section 3852 enacted in 1982 as part of an urgency measure and later further clarified, modified and incorporated in Civil Code section 1714.9 simply clarified that the fireman's rule does not preclude recovery in a proper case where injury is caused the fireman or policeman by an independent act of misconduct after his or her presence at the scene is known or should have been known. This does not represent a change in the law. As previously indicated, a longstanding exception to application of the fireman's rule applies where the injury was caused by an act of misconduct independent of the conduct that necessitated the officer's or fireman's presence on the scene" ( City of Redlands v. Sorensen, supra, 176 Cal. App. 3d at pp. 211-212.)