Central Pathology Service Medical Clinic, Inc. v. Superior Court

Opinion

LUCAS, C. J.

Real parties in interest (plaintiffs) brought suit against petitioners (defendants) alleging claims based on negligent medical practices. Subsequently, plaintiffs were permitted to amend their complaint to add two causes of action based on intentional tort theories and to claim punitive damages for those intentional torts. The trial court (respondent) concluded Code of Civil Procedure section 425.13,1 restricting prayers for punitive damages in actions “arising out of the professional negligence of a health care provider,” did not apply to plaintiffs’ punitive damages…