Fear Not Law Articles: WhiteMemorialMedicalCenter v. Superior Court

White Memorial Medical Center v

WhiteMemorialMedicalCenter v. Superior Court

Filed 2/20/07 White Memorial Medical Center v. Superior Court CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

WHITE MEMORIAL MEDICAL CENTER,

Petitioner,

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

SIGRID LOPEZ,

Real Party in Interest.

No. B193389

(Super. Ct. No. BC323814)

ORIGINAL PROCEEDINGS in Mandate. Mel Recana, Judge. Writ granted.

Sidley Austin, Jeffrey A. Berman and James M. Harris for Petitioner.

No appearance for Respondent.

Shegerian & Associates and Carney R. Shegerian for Real Party in Interest.

___________________________________________

This case arises from an order denying a motion to strike punitive damages allegations. The motion was based on Code of Civil Procedure section 425.14. That statute prohibits a claim in a complaint or other pleading for punitive damages against a religious corporation unless the court first allows it on application by the plaintiff and a finding substantiating the likelihood that plaintiff will satisfy the clear and convincing evidence standard of Civil Code section 3294.

The underlying lawsuit was brought by real party in interest Sigrid Lopez against White Memorial Medical Center (Medical Center), and others. It includes punitive damages allegations and a related prayer against the Medical Center, and others. The Medical Center moved to strike these allegations insofar as they pertained to itself. (The Medical Center also sought other relief, including an order striking other portions of the pleading; the issues raised by those parts of the motion, and the trial court's rulings, are not before us on this writ petition.) In supporting points and authorities, the Medical Center argued that it is a religious corporation. The motion was supported by an authenticated copy of the Medical Center's articles of incorporation and â€

Description	This case arises from an order denying a motion to strike punitive damages allegations. The motion was based on Code of Civil Procedure section 425.14. That statute prohibits a claim in a complaint or other pleading for punitive damages against a religious corporation unless the court first allows it on application by the plaintiff and a finding substantiating the likelihood that plaintiff will satisfy the clear and convincing evidence standard of Civil Code section 3294. An order issue under the authority and seal of this court directing respondent court to vacate its previous order denying the motion of petitioner Medical Center to strike punitive damages allegations and the related prayer in the pending proceeding and to issue a new order granting that motion. Petitioner is awarded costs in this proceeding.
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