California Code of Civil Procedure section 425.13(a) requires that plaintiffs seeking punitive damages arising out of the professional negligence of a health care provider must timely obtain an order allowing such a punitive damages claim following a showing that there is a "substantial probability" of prevailing on the claim. On March 25, 2004, the California Supreme Court unanimously ruled in Covenant Care, Inc. v. Superior Court, No. S098817, 2004 Daily Journal D.A.R. 3685 (Cal. Mar. 25, 2004) that these heightened procedural requirements do not apply to punitive damages claims against defendants for abuse under the Elder Abuse and Dependent Adult Civil Protection Act (the "Elder Abuse Act"). The Court found that nothing in the text, legislative history, or purpose of section 425.13(a) or the Elder Abuse Act affords health care providers acting as elder custodians the special procedural protections under section 425.13.

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