Kim v. Kim

PRESIDING JUSTICE CERDA

delivered the opinion of the court:

Plaintiffs, Julia Kim and Yuong Sik Kim, appeal from the dismissal of count I of their complaint that alleged the negligence of Julia’s husband, defendant Jong Kim (defendant Kim). The trial court held that because interspousal tort immunity was a matter of substantive law, an amendment to the statute which eliminated interspousal immunity for nonintentional torts during coverture was not applicable retroactively so that count I was barred under the prior statute, which only permitted interspousal suits for intentional torts involving…