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Goodstein v. Superior Court2/29/1996
CROSKEY, J.
This request for writ of mandamus relief filed by petitioner Wallace Goodstein seeks to reverse the order of the trial court granting the motion of the plaintiff and real party in interest, Mary K. Pittman, to amend her complaint against Goodstein, a health care provider, to allege claims for punitive damages. This motion was made pursuant to the mandate of Code of Civil Procedure section 425.13. Goodstein objects to the trial court's order granting Pittman's motion because it was filed less than nine months prior to the first assigned trial date and therefore was not timely under section 425.13.
This case presents an example of a plaintiff who may not, due to circumstances beyond her control, be able to comply with the nine-month time limitation set out in section 425.13. As a result, it may be necessary in the interest of fairness and Justice for the court to exercise its discretion to relieve the plaintiff from an impossible or impracticable time limitation. While we hold that a trial court does retain the discretionary flexibility to make such an order, we cannot determine from the record whether this case actually presents sufficient facts to warrant such an exercise of discretion. Because the trial court did not consider or make the necessary factual findings, we will grant the requested writ in part and remand the matter for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
Pittman filed her original complaint against Goodstein on January 6, 1994. In that pleading she alleged claims for (1) medical malpractice (negligent diagnosis and treatment of Pittman during the period from October 1992 to February 1993), (2) battery (unauthorized and experimental surgery on Pittman), (3) fraud and concealment (with respect to treatment of Pittman and certain proposed surgery), (4) intentional spoliation of evidence (destruction of Pittman's surgical records), (5) negligent spoliation of evidence (same) and (6) strict product liability (design and manufacture by Goodstein of a device known as a surgical cannula which allegedly was used in treating Pittman). This pleading was later amended prior to service on Goodstein to allege a seventh cause of action for the negligent design and manufacture of the aforesaid cannula. Pittman sought punitive damages as to the second, third, fourth and sixth causes of action.
On April 4, 1994, Goodstein filed his answer to the complaint. At the same time he filed a demurrer to all seven causes of action and a motion to strike the punitive damage claims under section 425.13. The demurrer was overruled as to all counts except the sixth (strict product liability). The motion to strike the punitive damage claims was granted as to the battery and fraud counts, but was overruled as to the cause of action for intentional spoliation of evidence as that claim did not arise out of the professional negligence of a health care provider. (See Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal. 4th 181, 187-188, 191-192 [10 Cal. Rptr. 2d 208, 832 P.2d 924].)
On May 27, 1994, Pittman filed a second amended complaint, but Goodstein again successfully challenged the strict liability allegation by demurrer. On August 8, 1994, Pittman filed a third amended complaint attempting to correct the defect in that particular cause of action. This count included a claim for punitive damages. Goodstein again demurred, but this time, on September 19, 1994, the court overruled his objection. Goodstein filed his answer on October 6, 1994. This was the first date that Pittman's complaint was actually fully "at issue," although, on or about June 30, 1994, Pittman had filed a request for trial setting
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