Little Co. of Mary Hosp. v. the Superior Court

INTRODUCTION

No claim for punitive damages may be made in any action against a religious corporation unless the trial court first concludes the plaintiff has evidence that “substantiates that [he or she] will meet the clear and convincing standard of proof’ for punitive damages under Civil Code section 3294. (Code Civ. Proc., § 425.14.) A similar statute protects health care providers against claims for punitive damages in any action “arising out of [their] professional negligence” unless the trial court finds in a separate pretrial proceeding the plaintiff has established a “substantial probability” he or she will prevail on the claim. (§ 425.13, subd. (a).)

In Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 777 [ 11 Cal.Rptr.3d 222 , 86 P.3d 290 ] (Covenant Care) the Supreme Court held, because claims under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) (the Elder Abuse Act) are rooted in conduct far more egregious than professional medical negligence, section 425.13’s prerequisites for filing a punitive damage claim do not apply in elder abuse cases. The pending petition for writ of mandate filed by Little…