STINNETT v. TAM

No. F057784.

198 Cal.App.4th 1412 (2011)

130 Cal. Rptr. 3d 732

HOLLY STINNETT, Plaintiff and Appellant, v. TONY TAM et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

September 1, 2011.


Attorney(s) appearing for the Case

Tabak Law Firm, Stewart M. Tabak ; Smith & McGinty, Law Office of Daniel U. Smith, Daniel U. Smith and Valerie T. McGinty for Plaintiff and Appellant.

The Arkin Law Firm, Sharon J. Arkin , Robert S. Peck ; Center for Constitutional Litigation and Ned Miltenberg for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Mark Peacock and Mark J. Peacock for AARP, California Nurses Association, Consumer Action, CDCAN, California Foundation for Independent Living Centers, California Alliance for Retired Americans, Consumer Federation of California, United Policyholders, Congress of California Seniors, California Advocates for Nursing Home Reform, Center for Public Interest Law, Children's Advocacy Institute and Consumer Watchdog as Amici Curiae on behalf of Plaintiff and Appellant.

Cole Pedroza , Curtis A. Cole , Kenneth R. Pedroza , Ashfaq G. Chowdhury ; Donnelly Nelson Depolo & Murray and James M. Nelson for Defendants and Respondents.

Fred J. Hiestand for Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

Tucker Ellis & West, E. Todd Chayet and Rebecca A. Lefler for California Medical Association, California Dental Association, California Hospital Association and American Medical Association as Amici Curiae on behalf of Defendants and Respondents.


OPINION

GOMES, J.

In 1975, the Governor convened the California Legislature in an extraordinary session to consider measures aimed at remedying what he described as "serious problems that had arisen throughout the state as a result of a rapid increase in medical malpractice insurance premiums." (American Bank & Trust Co. v. Community Hospital (1984)

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