Torts/Personal Injury,
Health Care & Hospital Law
Apr. 26, 2022
Failing to follow proper filing for punitive damages under Section 425.13 can be harsh and unforgiving
The result was a family who now cannot assert claims for punitive damages against a health care provider who engaged in horrific wrongful conduct and intentional misrepresentations, resulting in the death of a wife and mother.
Benjamin T. Ikuta
Partner
Ikuta Hemesath LLP
1327 N Broadway
Santa Ana , CA 92706
Phone: (949) 229-5654
Fax: (949) 336-8114
Email: ben@ih-llp.com
UC Hastings COL; San Francisco CA
Benjamin focuses his practice in medical malpractice cases on the plaintiff side. He has successfully litigated many cases involving birth injury, delay in cancer diagnosis cases, and elder abuse based on neglect.
On Friday, April 22, 2022, the Court of Appeal, Fourth District, Division 1 issued its opinion in Divino Plastic Surgery v. Superior Court (Espinoza), Case No. D079661. The holding is a stark reminder to plaintiffs that they must follow the procedural hurdles and timing requirements of Code of Civil Procedure section 425.13 to plead punitive damages against health care providers. That is true regardless of how egregious or horrific the wrongdoing, or if the facts can...
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