Pomona Valley Hospital Medical Center v. Superior Court, 153 Cal. Rptr. 3d 126

Plaintiff sought punitive damages against Pomona Valley Hospital under CCP 425.13 and related statutes.
Respondent court allowed amendment to include punitive damages based on three IRB letters and counsel’s declaration.
College Hospital precludes punitive damages unless a substantial probability of prevailing is demonstrated.
Court vacates respondent court’s order granting punitive damages amendment.
Letters and declaration do not establish a secret project, lack consent, or show malice; writ granted directing denial of punitive damages amendment.
The decision relies on de novo review of the motion to amend and the evidentiary sufficiency under 425.13(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff met the substantial probability requirement for punitive damages.	Letters show secret research and lack of consent.	Letters fail to prove secret project, enrollment, or malice.	No substantial probability; grant writ reversing amendment.
Whether the IRB letters constitute competent evidentiary support for malice.	IRB letters imply harmful conduct and concealment.	Letters do not show hospital-directed secret study or lack of consent.	Letters do not substantiate malice or conscious disregard.
Proper application of College Hospital standards to 425.13(a) motion.	Pleadings supported by letters should qualify.	Only admissible evidence under penalty of perjury may support; insufficient here.	Apply College Hospital standard; insufficient evidence to amend.

College Hospital Inc. v. Superior Court, 8 Cal.4th 704 (Cal. 1994) (sets punitive-damages standard under 425.13 and evidentiary requirements)
Pomona Valley Hospital Medical Center v. Superior Court, 209 Cal.App.4th 687 (Cal. App. 2012) (IRB duties and informed consent context for punitive damages)
Daum v. SpineCare Medical Group, Inc., 52 Cal.App.4th 1285 (Cal. App. 1997) (informed-consent duties for investigators under Health & Saf. Code)