Pebley
Pebley v. Santa Clara Organics, LLC
Opinion
lead Opinion
Perren, J.
*406 *1268 An injured plaintiff with health insurance may not recover economic damages that exceed the amount paid by the insurer for the medical *1269 services provided. ( Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 , 566, 129 Cal.Rptr.3d 325 , 257 P.3d 1130 ( Howell ).) The amount of the "full bill" for past medical services is not relevant to prove past or future medical expenses and/or noneconomic damages. ( Id. at p. 567, 129 Cal.Rptr.3d 325 , 257 P.3d 1130 ; Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308 , 1330-1331, 156 Cal.Rptr.3d 347 ( Corenbaum ).) In contrast, the amount or measure of economic damages for an uninsured plaintiff typically turns on the reasonable value of the services rendered or expected to be rendered. ( Bermudez v. Ciolek (2015) 237 Cal.App.4th 1311 , 1330-1331, 188 Cal.Rptr.3d 820 ( Bermudez ).) Thus, an uninsured plaintiff may introduce evidence of the amounts billed for medical services to prove the services' reasonable value. ( Id. at pp. 1330-1331, 1335, 188 Cal.Rptr.3d 820 .)
Here, we are confronted with an insured plaintiff who has chosen to treat with doctors and medical facility providers outside his insurance plan. We…