Pebley

Pebley v. Santa Clara Organics, LLC

Good Law
22 Cal. App. 5th 1266·232 Cal. Rptr. 3d 404
Court of Appeal of CaliforniaMay 8, 20182d Civ. No. B277893California5,955 words

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…

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