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RASHIDI v. MOSER

No. B237476.

219 Cal.App.4th 1170 (2013)

162 Cal. Rptr. 3d 446

HAMID RASHIDI, Plaintiff and Appellant, v. FRANKLIN MOSER, Defendant and Appellant.

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

September 23, 2013.

Attorney(s) appearing for the Case

Balaban & Spielberger, Daniel Balaban , Andrew J. Spielberger ; Esner, Chang & Boyer, Stuart B. Esner and Holly N. Boyer for Plaintiff and Appellant.

Reback, McAndrews, Kjar, Warford & Stockalper and Robert C. Reback ; Cole Pedroza , Curtis A. Cole and Kenneth R. Pedroza for Defendant and Appellant.

Tucker Ellis , E. Todd Chayet , Rebecca A. Lefler , and Corena G. Larimer , for California Medical Association, California Dental Association, California Hospital Association and American Medical Association as Amici Curiae on behalf of Defendant and Appellant.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Appellant.

OPINION

EPSTEIN, P. J. —

In this case, we deal with the intersection of three statutes addressing the recovery of damages: Civil Code section 3333.2,1 part of the Medical Injury Compensation Reform Act of 1975 (MICRA), limiting recovery of noneconomic damages for medical malpractice to a total of $250,000; section 1431.2, part of the Fair Responsibility Act of 1986 adopted by the passage of Proposition 51...

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