Opinion
No. S214430.
2014-01-15
RASHIDI v. MOSER.
Prior report: Cal.App., 162 Cal.Rptr.3d 446
Petition for review granted; issues limited. The issue to be briefed and argued is limited to the following: If a jury awards the plaintiff in a medical malpractice action non-economic damages against a healthcare provider defendant, does Civil Code section 3333.2 entitle that defendant to a setoff based on the amount of a pretrial settlement entered into by another healthcare provider that is attributable to non-economic losses or does the statutory rule that liability for non-economic damages is several only (not joint and several) bar such a setoff? CANTIL–SAKAUYE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, CORRIGAN and LIU, JJ., concur.