How have the courts dealt with a motion to strike punitive damages allegations in a medical malpractice case?

Prior to March 20, 1992, the defendants moved to strike petitioners' punitive damages allegations for their failure to seek leave to amend their pleadings to assert such allegations, as required by section 425.13. On that date, the court denied defendants' motion on the ground that petitioners' punitive damage claims were based not on "professional negligence," but rather on intentional torts. The court relied on Bommareddy v. Superior Court (1990) 222 Cal.App.3d 1017, 272 Cal.Rptr. 246, which had held that the term "professional negligence," as used in section 425.13 was a term of art and did "not include intentional torts ... even when occurring during the provision of medical services." (Id. at p. 1024, 272 Cal.Rptr. 246.) ⁶