COVENANT CARE, INC. v. SUPERIOR COURT

No. S098817

11 Cal.Rptr.3d 222 (2004)

86 P.3d 290

32 Cal.4th 771

COVENANT CARE, INC., et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Lourdes M. Inclan et al., Real Parties in Interest.

Supreme Court of California

March 25, 2004


Attorney(s) appearing for the Case

Horvitz & Levy, Julie L. Woods, David S. Ettinger, Encino; Even, Crandall, Wade, Lowe & Gates, Randolph M. Even & Associates, Randolph M. Even, Woodland Hills and Stephanie Charles, North Hollywood, for Petitioners.

Hooper, Lundy & Bookman, Mark E. Reagan and Mark A. Johnson, Sacramento, for California Association of Health Facilities as Amicus Curiae on behalf of Petitioners.

Hanson, Bridgett, Marcus, Vlahos & Rudy, Paul A. Gordon, San Francisco, and Michelle L. Sullivan for California Association of Homes and Services for the Aging as Amicus curiae on behalf of Petitioners.

Fred J. Hiestand, Sacramento, for Californians Allied for Patient Protection and the Civil Justice Association of California as Amici Curiae on behalf of Petitioners.

Thelen Reid & Priest, Curtis A. Cole, Kenneth R. Pedroza, Los Angeles, and E. Todd Chayet for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Houck & Balisok, Russell S. Balisok, Steven Wilheim, Glendale, Patricia L. Canner; Law Office of Carol S. Jimenez and Carol S. Jimenez, Long Beach, for Real Parties in Interest.

Peter G. Lomhoff, Oakland, for California Advocates for Nursing Home Reform, Inc., as Amicus Curiae on behalf of Respondent and Real Parties in Interest.

Wilkes & McHugh, Stephen M. Garcia, Burlingame, David T. Bamberger; Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Real Parties in Interest.


WERDEGAR, J.

We granted review in this matter to resolve a conflict among the Courts of Appeal as to whether the procedural prerequisites to seeking punitive damages in an action for damages arising out of the professional negligence of a health care provider, codified at Code of Civil Procedure section 425.13, subdivision (a) (section 425.13(a)), apply to punitive damage claims in actions alleging elder abuse subject to heightened civil remedies under the Elder Abuse...

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