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California Code Of Civil Procedure Section 425.13

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 425.13

(a) In any action for damages arising out of the
professional negligence of a health care provider, no claim for
punitive damages shall be included in a complaint or other pleading
unless the court enters an order allowing an amended pleading that
includes a claim for punitive damages to be filed.  The court may
allow the filing of an amended pleading claiming punitive damages on
a motion by the party seeking the amended pleading and on the basis
of the supporting and opposing affidavits presented that the
plaintiff has established that there is a substantial probability
that the plaintiff will prevail on the claim pursuant to Section 3294
of the Civil Code.  The court shall not grant a motion allowing the
filing of an amended pleading that includes a claim for punitive
damages if the motion for such an order is not filed within two years
after the complaint or initial pleading is filed or not less than
nine months before the date the matter is first set for trial,
whichever is earlier.
   (b) For the purposes of this section, "health care provider" means
any person licensed or certified pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code, or licensed
pursuant to the Osteopathic Initiative Act, or the Chiropractic
Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with
Section 1440) of Division 2 of the Health and Safety Code; and any
clinic, health dispensary, or health facility, licensed pursuant to
Division 2 (commencing with Section 1200) of the Health and Safety
Code.  "Health care provider" includes the legal representatives of a
health care provider.

Last modified: January 12, 2009