Vazquez De Mercado v. Superior Court

Plaintiffs and real parties in interest Thomas McClung and Maria McClung allege that before they purchased a horse, they employed defendant and petitioner Rodrigo Vazquez de Mercado, a veterinarian, to examine it and advise whether it was suitable for their purposes. They sued defendant for allegedly failing to advise them of the horse’s physical problem before their purchase, seeking punitive damages. Defendant claims plaintiffs were required to obtain a court order under Code of Civil Procedure section 425.13 (all further statutory references are to this code unless otherwise stated) before alleging punitive damages. We disagree with this contention. Although actions against veterinarians are subject to the Medical Injury Compensation Reform Act (Stats. 1975, 2d Ex. Sess. 1975, chs. 1 & 2, pp. 3949-4008; MICRA), the harm plaintiffs allege does not fall within MICRA’s definition of professional negligence; thus the statute does not apply.

Because the allegations against defendant are not subject to MICRA, the action is not barred by the statute of limitations set out in section 340.5.

FACTS

As alleged in the complaint, defendant, a licensed veterinarian, was hired by…