§ 425.13.Claim For Punitive Damages In Action For Professional Negligence of Health Care Provider

Section 425.13 puts a gate in front of punitive damages claims in professional negligence actions against health care providers. Subdivision (a) forbids including such a claim in the original complaint or any pleading. A plaintiff who wants to pursue punitive damages under Civil Code § 3294 has to bring a motion asking the court to allow an amended pleading adding that claim, supported by affidavits, and the court can grant the motion only if the plaintiff has shown a substantial probability of prevailing on the punitive damages claim itself.

The timing is strict and works two ways at once: the motion must be filed within two years after the complaint or initial pleading was filed, or no later than nine months before the trial date first set, whichever comes first. Miss both deadlines and the court cannot grant the motion, regardless of the merits.

Subdivision (b) defines “health care provider” broadly — licensed professionals under the Business and Professions Code, osteopaths and chiropractors under their respective initiative acts, licensed clinics and health facilities, and the legal representatives of any of them. The gatekeeping function mirrors § 425.14's treatment of religious corporations and § 425.15's treatment of volunteer nonprofit directors and officers: all three require a preliminary court screening before a punitive damages claim can even be pleaded against a protected category of defendant.