Catalano

It is settled, and not disputed by the parties, that a claim for punitive damages is one of the substantive areas which is properly the subject of a motion for summary adjudication. (DeCastro West Chodorow & Burns, Inc. v. Superior Court (1996) 47 Cal.App.4th 410, 421 [ 54 Cal.Rptr.2d 792 ].) In this writ of mandate proceeding, we must answer a question of first impression: Is a motion for summary adjudication regarding punitive damages properly granted when the resulting determination adjudicates only some of the asserted facts relating to the claim but does not dispose of the entire claim for punitive damages? We conclude summary adjudication is not properly granted as a piecemeal disposition of some of the asserted facts within a claim for punitive damages, but may only be granted when an entire claim for punitive damages is eliminated.

Factual and Procedural History

John and Rose Catalano were represented on a contingent fee basis by the law firm of Bostwick & Tehin in an action to dissolve several corporate and partnership interests. The retainer agreement provided that the law firm of Baker, Manock & Jensen (BM&J), one of the real parties in interest herein, would…