UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IVAN GUTZALENKO, et al., Case No. 3:22-CV-02130
Plaintiffs,
ORDER RE APPLICABILITY OF
v. MICRA
CITY OF RICHMOND, et al., Docket No. 116 Defendants.
I. INTRODUCTION This order concerns the applicability of the Medical Injury Compensation Reform Act (“MICRA”) to Plaintiffs’ assault and medical battery claim against Defendants American Medical Response West (“AMR West”) and paramedic Damon Richardson (collectively, the “Medical Defendants”). California Civil Code section 3333.2 (“section 3333.2”) sets a cap on the total amount of noneconomic damages a party can recover in suits against healthcare providers “based on professional negligence.” Cal. Civ. Code § 3333.2. Plaintiffs allege that MICRA’s cap on noneconomic damages is inapplicable because Mr. Richardson’s actions constituted an intentional tort. Plaintiffs’ Brief on Applicability of MICRA, at 3 (Dkt. 120). They argue that,…