California Supreme Court Watch

#24-59 Gutierrez v. Tostado, S283128. (H049983; 97 Cal.App.5th 786; Santa Clara County Superior Court; 20CV361400.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Does the one-year statute of limitations in the Medical Injury Compensation Reform Act (MICRA; Code Civ. Proc., § 340.5) apply to a personal injury claim alleging that the plaintiff’s vehicle was struck by a negligently driven ambulance?

Petition for review granted: 3/20/2024

Case fully briefed: 9/04/2024

Cause argued and submitted: 5/21/2025

Opinion filed: Judgment reversed: 7/31/2025

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (Gutierrez v. Tostado (2025) 18 Cal.5th 222.)

“We granted review in this matter to decide whether the statute of limitations for medical professional negligence claims within the Medical Injury Compensation Reform Act (Code Civ. Proc., § 340.5) applies to an action for negligence brought by the injured driver of a vehicle rear-ended by an ambulance transporting a patient. We hold that MICRA’s statute of limitations does not apply under these circumstances.

Our holding follows from principles articulated in our previous decisions concerning the scope of MICRA’s statute of limitations, as well as the general rule that the applicable limitations period depends on the nature of the right being sued upon. Where, as here, a plaintiff sues a health care provider for breach of a duty owed to the public generally, as opposed to a violation of professional obligations owed to patients, the two-year statute of limitations for general negligence claims (§ 335.1) applies. This conclusion is supported by MICRA’s text, purpose, and legislative history, as well as relevant public policy considerations.

Because the Court of Appeal concluded that the MICRA statute of limitations applies here, we reverse its judgment and remand for proceedings consistent with this opinion.”  (Fn. omitted.)

Chief Justice Guerrero authored the opinion of the Court, in which Justices Corrigan, Liu, Kruger, Groban, Jenkins, and Evans concurred.

In the news: Roemer, California Supreme Court limits use of MICRA in negligence suits, Daily Journal (Aug. 1, 2025) (subscription required).