Bragg v. Superior Court
In her petition for writ of mandate, plaintiff Andrea Bianca Bragg (Ms. Bragg), challenges the trial courts order denying her motion to file an amended complaint adding, pursuant to Code of Civil Procedure section 425.13,[1]a claim for punitive damages against real party in interest Kee Seng Koh, M.D (Dr. Koh). We hold that Ms. Bragg has met her burden of providing a sufficient showing necessary to sustain a claim for punitive damages. Accordingly, we issue a writ of mandate and direct respondent court to vacate its order denying Ms. Braggs motion to allege a prayer for punitive damages as to the cause of action for intentional infliction of emotional distress against real party in interest and enter a new and different order granting her motion.
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