Pomona Valley Hospital Medical Center v. Superior Court

*831 Opinion

Code of Civil Procedure section 425.13, subdivision (a), 1 as interpreted in College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704 [ 34 Cal.Rptr.2d 898 , 882 P.2d 894 ] (College Hospital), precludes a plaintiff from alleging punitive damages against a health care provider unless the plaintiff demonstrates “a substantial probability” that she will “prevail on the claim.” Based on a declaration from counsel for plaintiff and real party in interest April Christine Cabana and three letters obtained from a third party defendant, respondent court granted plaintiff’s motion to amend her complaint to allege a claim for punitive damages against petitioner and defendant Pomona Valley Hospital Medical Center (the Hospital).

We issued an alternative writ of mandate to respondent court, citing, inter alia, College Hospital, which rejected an attempt to amend a complaint to allege punitive damages based on a showing far stronger than plaintiff’s. Our alternative writ directed respondent court to reconsider and reverse its ruling, or show cause before this court why a peremptory writ should not issue directing it to do so. Respondent court held a hearing in compliance with…