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PALMER v. SUPERIOR COURT

No. D040486.

127 Cal.Rptr.2d 252 (2002)

103 Cal.App.4th 953

William PALMER, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Sharp Rees-Stealy Medical Group, Inc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

November 19, 2002.

Attorney(s) appearing for the Case

Mitchel J. Olson, Rancho Santa Fe, for Petitioner.

Robinson, Calcagnie & Robinson, and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California, as Amicus Curiae on behalf of Petitioner.

Thelen, Reid & Priest, Curtis A. Cole, Kenneth R. Pedroza, John L. Tuell, Los Angeles; Higgs, Fletcher & Mack, Richard D. Barton and Loren G. Freestone, San Diego, for Real Party in Interest.

Horvitz & Levy, Encino, S. Thomas Todd, and Poway, Julie L. Woods, Encino, for California Medical Association, California Healthcare Association and California Dental Association.

Kennedy P. Richardson, Oakland; David J. Lerman; Pauline Fox, Oakland; and W. William Petrick, for The Permanente Medical Group and Southern California Permanente Medical Group, as Amici Curiae on behalf of Real Party in Interest.

HUFFMAN, J.

Petitioner William Palmer, plaintiff in an underlying action against his health maintenance organization, PacifiCare of California (PacifiCare or the HMO) and the medical group that is his primary health care provider, Sharp Rees-Stealy Medical Group, Inc. (SRS), seeks a writ of mandate setting aside an order of the superior court that struck his allegations of entitlement to punitive damages against SRS. Palmer contends the trial court misinterpreted...

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