College Hospital Inc. V. Superior Court

We focus for the second time in two years on Code of Civil Procedure section 425.13, subdivision (a) (section 425.13(a)).*fn1 This section bars inclusion of a punitive damages claim in certain actions against health care providers unless the plaintiff first demonstrates a "substantial probability" that he "will prevail" on the claim. In Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal. 4th 181, 832 P.2d 924 (Central Pathology), we determined the actions to which the statute applies -- those involving the quality and nature of health services. We now decide the legal standard to be applied in determining whether the statutory requirement has been met. We also determine whether the statute was correctly applied to the facts of this case.