Case Number:
20STCV11764
Hearing Date:
February 25, 2021
Dept:
A
20STCV11764 Hasso v Lehfeldt
Motion for Leave to File SAC
Standard of Review – Amend Pleading for Punitive Damages –
In any action for professional negligence against a health care provider, no claim for punitive damages may be included in an original complaint. (Code Civ. Proc., § 425.13, subd. (a).) A plaintiff must instead file a motion for leave to amend the complaint supported by declarations establishing facts sufficient to support a finding there is a “substantial probability” the plaintiff will prevail on the punitive damages claim. (
Ibid
.) “Substantial probability” requires the plaintiff to show a legally sufficient claim substantiated by competent, admissible evidence. (
College Hospital Inc.
(1994) 8 Cal.4th 704, 719.) The court determines the motion on the basis of the supporting and opposing declarations. (Code Civ. Proc., § 425.13, subd. (a).)
The plaintiff has t
Hearing Date
February 25, 2021
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Case Number:
20STCV11764
Hearing Date:
February 25, 2021
Dept:
A
20STCV11764 Hasso v Lehfeldt
Motion for Leave to File SAC
Standard of Review – Amend Pleading for Punitive Damages –
In any action for professional negligence against a health care provider, no claim for punitive damages may be included in an original complaint. (Code Civ. Proc., § 425.13, subd. (a).) A plaintiff must instead file a motion for leave to amend the complaint supported by declarations establishing facts sufficient to support a finding there is a “substantial probability” the plaintiff will prevail on the punitive damages claim. (
Ibid
.) “Substantial probability” requires the plaintiff to show a legally sufficient claim substantiated by competent, admissible evidence. (
College Hospital Inc.
(1994) 8 Cal.4th 704, 719.) The court determines the motion on the basis of the supporting and opposing declarations. (Code Civ. Proc., § 425.13, subd. (a).)
The plaintiff has t