Know More. Win More.
Published by Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Member of ABOTA Since 1995
California Trial Lawyer Since 1980
California attorneys can win more cases by always knowing the new published civil case law in their practice areas. California Case Summaries™ makes this easy by providing one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts in monthly issues, quarterly issues, annual issues, or all three.
Every year California courts publish about 400 new civil cases, and many of them significantly change the law!
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CALIFORNIA COURT OF APPEAL
How many MICRA caps can a plaintiff recover in a case with a wrongful death claim and a survival claim?
Medical Malpractice
Ng v. Super. Ct. (2025) _ Cal.App.5th _, 2025 WL 323098: The Court of Appeal granted a writ petition that directed the trial court to vacate its earlier order granting defendant Los Alamitos Medical Center, Inc.’s (defendant) motion to strike portions of plaintiff’s complaint seeking two MICRA caps in an action for wrongful death and a survival action. The dispute was whether recent amendments to the cap on noneconomic damages (Civ. Code, § 3333.2) under the Medical Injury Compensation Reform Act of 1975 (MICRA) and to the availability of noneconomic damages in survival actions (Code Civ. Proc., § 377.34) permitted plaintiff to recover noneconomic damages under one or two MICRA caps. The Court of Appeal concluded that the recent amendment to Code of Civil Procedure section 377.34, which authorized a decedent’s personal representative or successor in interest to recover noneconomic damages, means a plaintiff can seek two MICRA cap awards (one for himself or herself and one for the decedent) under Civil Code section 3333.2. Because a wrongful death claim and a survival claim—even when premised on the same alleged medical malpractice—are separate and distinct claims, a plaintiff suing for both claims can seek to recover two MICRA caps. (C.A. 4th, January 29, 2025.)
Monty A. McIntyre, the publisher of California Case Summaries™, serves as a mediator, arbitrator and referee with ADR Services, Inc. handling business, employment, insurance, probate, real property and tort matters throughout California. To schedule a mediation with Monty McIntyre, contact one his case managers at ADR Services:
Haward Cho, [email protected],
Rachael Boughan, [email protected]
Phone: (619) 233-1323.
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