Marron

Plaintiffs Pedro Marrón and Maria Marrón, individually and as successors in interest of Lidia Marrón (together the Matrons), filed this petition for writ of mandate challenging the trial court’s order granting the motion of defendant Regents of the University of California (RUC) for summary adjudication of the Matrons’ dependent adult abuse cause of action against it. The Matrons contend the trial court erred by concluding Government Code section 818, which exempts public entities from liability for punitive or exemplary damages, precludes their cause of action against RUC for enhanced remedies under Welfare and Institutions Code section 15657.

Factual and Procedural Background

On August 23, 2000, Lidia Marrón, then 44 years old, entered UCSD Medical Center (the Hospital) for a liver biopsy. The Hospital is owned and operated by RUC, which is a division of the State of California. Complications arose during the procedure when the biopsy needle perforated Lidia’s middle colic vein, causing damage to her abdominal viscera and requiring emergency surgery. Following surgery, Lidia was admitted to the Hospital’s intensive care unit. During her subsequent two-month stay at…