Ieremia

This case concerns the definition of an owner as used in Proposition 213 and Civil Code section 3333.4, subdivision (a)(2) (section 3333.4(a)(2)), for purposes of noneconomic damages. After a jury trial, plaintiff Puaolele Ieremia was awarded $128,145 in economic damages and $1.9 million in noneconomic damages for personal injuries she suffered in a motor vehicle accident. Defendants Dick Wyatt Piersma and Hilmar Unified School District claim on appeal the trial court erred in allowing plaintiff to obtain an award of noneconomic damages at trial. Defendants contend section 3333.4(a)(2) precluded plaintiff’s recovery of such damages because she was an owner of the uninsured vehicle in which she was a passenger at the time of the accident. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2004, plaintiff and her husband Roy Ieremia were involved in a motor vehicle accident caused by the negligence of defendants. Defendants asserted section 3333.4(a)(2) limited plaintiff’s recovery to economic damages.

In 1996, Proposition 213, a voter initiative measure, added section 3333.4. Section 3333.4 provides, in relevant part: “(a) . . . [I]n any action…