Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.

A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action:  Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support of the motion to amend to add punitive damages consisted of a declaration from plaintiff’s counsel and three letters from the hospital’s Institutional Review Board sent to the surgeon. The trial judge permitted the amendment, and the appellate court reversed, stating:  “Because plaintiff’s counsel’s declaration and the three letters are insufficient as a matter of law to support the motion to amend the complaint to allege punitive damages, we direct respondent court to set aside its order and enter a new order denying the motion.”  Pomona Valley Hospital v. Sup.Ct. (April Christine Cabana)  (Cal. App. Second Dist., Div. 5; February 7, 2013) 213 Cal.App.4th 828.