NAKAMURA v. SUPERIOR COURT

No. B139794.

100 Cal.Rptr.2d 97 (2000)

83 Cal.App.4th 825

Kenneth NAKAMURA et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Olivia Villegas Orona et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

As Modified September 25, 2000.


Attorney(s) appearing for the Case

Vetch, Carlson, Grogan & Nelson, Gilbert A. Garcia and Timothy E. Kearns, Los Angeles, for Petitioners Kenneth Nakamura and Dai Ichi Motion Picture, Inc.

No appearance for Respondent.

Terrance Ponchak, San Pedro, for Real Parties in Interest Olivia Villegas Orona and Rene Danilo Vallejo.


EPSTEIN, Acting P.J.

In this case we hold that, under Civil Code section 3333.41 the plaintiffs—an uninsured owner and the uninsured operator of a vehicle involved in a traffic accident—are barred from recovering noneconomic damages, but the limitation on recovery of noneconomic damages in that statute does not preclude recovery of punitive damages.

Section 3333.4,...

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