This writ petition concerns the applicability of Code of Civil Procedure section 425.13 (hereafter section 425.13). Section 425.13 provides that in any case "arising out of" the "professional negligence" of a "health care provider," a plaintiff cannot unilaterally plead a claim for punitive damages. Instead, after the complaint is filed, a plaintiff who wishes to seek punitive damages must make a motion for leave...
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