Opinion

Gutierrez v. Tostado

Court
California Supreme Court
Filed
Jul 31, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 38.4%

The opinion

IN THE SUPREME COURT OF

CALIFORNIA

FRANCISCO GUTIERREZ,

Plaintiff and Appellant,

v.

URIEL TOSTADO et al.,

Defendants and Respondents.

S283128

Sixth Appellate District

H049983

Santa Clara County Superior Court

20CV361400

July 31, 2025

Chief Justice Guerrero authored the opinion of the Court, in

which Justices Corrigan, Liu, Kruger, Groban, Jenkins, and

Evans concurred.

GUTIERREZ v. TOSTADO

S283128

Opinion of the Court by Guerrero, C. J.

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)1 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.

1

Further statutory references are to the Code of Civil

Procedure unless otherwise noted. Hereinafter, section 340.5 is

referred to as the MICRA statute of limitations, and the various

provisions of the Medical Injury Compensation Reform Act are

referred to more generally as MICRA.

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Opinion of the Court by Guerrero, C. J.

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.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 20, 2018, Francisco Gutierrez (plaintiff) was

driving his truck on a California highway when an ambulance

driven by Uriel Tostado and operated by Tostado’s employer,

ProTransport-1, LLC (collectively, defendants), struck plaintiff’s

vehicle from behind. At the time of the accident, Tostado, a

licensed emergency medical technician (EMT), was transporting

a patient between regional medical centers; another EMT was

attending to the patient in the back of the ambulance.

Plaintiff sued defendants on January 7, 2020, claiming the

collision caused him to suffer neck and back injuries. He styled

his complaint as a general negligence action involving a motor

vehicle, resulting in personal injury and property damage.

Defendants moved for summary judgment on the ground

that plaintiff’s action was time barred under MICRA’s one-year

statute of limitations (§ 340.5). Plaintiff opposed the motion,

maintaining his claim sounded in general negligence and was

therefore timely under the two-year statute of limitations for

general negligence claims (§ 335.1). The trial court granted

defendants’ motion for summary judgment, finding that the

MICRA statute of limitations applied because, at the time of the

accident, “Tostado was [a] health care provider employed by

ProTransport . . . and was rendering professional medical

services that were within the scope of services he was licensed

to carry out.”

Plaintiff appealed, and a divided Court of Appeal affirmed.

(Gutierrez v. Tostado (2023) 97 Cal.App.5th 786 (Gutierrez).)

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Opinion of the Court by Guerrero, C. J.

The majority reasoned that MICRA was “not limited to suits by

patients or to recipients of medical services as long as the

plaintiff is injured due to negligence in the rendering of

professional services and his injuries were foreseeable.”

(Gutierrez, at p. 794.) A dissenting justice disagreed, arguing

that the majority’s view “extend[ed] MICRA’s statute of

limitations unpredictably and unfairly.” (Id. at p. 795 (dis. opn.

of Bromberg, J.).) According to the dissent, MICRA was not

intended to reach “run-of-the-mill traffic accident[s]” such as

this one, which should instead be governed by the two-year

statute of limitations applicable to ordinary negligence claims.

(Gutierrez, at p. 796 (dis. opn. of Bromberg, J.).)

We granted plaintiff’s petition for review.

II. DISCUSSION

To determine the reach of MICRA’s statute of limitations

provision, we begin by discussing general principles relating to

statutes of limitations and statutory interpretation. Next, we

turn to the text of section 340.5 and how we have interpreted its

coverage of claims involving “professional negligence.” Because

the text of section 340.5 does not definitively resolve whether

the statute applies here, we also consult MICRA’s purpose and

legislative history. We conclude from these interpretive

resources that the MICRA statute of limitations extends only to

claims deriving from the violation of an obligation owed by a

health care provider in connection with the provision of

professional services, as opposed to the breach of a duty that is

more generally owed to the public at large. After applying our

interpretation of section 340.5 to the facts of this case, we

conclude that plaintiff’s claim is premised on the breach of a

duty owed to the general public. Therefore, the MICRA statute

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Opinion of the Court by Guerrero, C. J.

of limitations does not apply here, and instead this action is

subject to the two-year statute of limitations for general

negligence claims. (§ 335.1.)

A. General Principles

A “statute of limitations is a law that sets the maximum

amount of time within which legal proceedings may be

initiated.” (Shalabi v. City of Fontana (2021) 11 Cal.5th 842,

844.) The general purpose of a statute of limitations is to

“protect defendants from the stale claims of dilatory plaintiffs”

and “to stimulate plaintiffs to assert fresh claims against

defendants in a diligent fashion.” (Norgart v. Upjohn Co. (1999)

21 Cal.4th 383, 395.) “The statute of limitations operates in an

action as an affirmative defense.” (Id. at p. 396.)

The interpretation of a statute of limitations to ascertain

its reach presents a question of law that we review de novo. (See

Lopez v. Sony Electronics, Inc. (2018) 5 Cal.5th 627, 633–634.)

“ ‘ “ ‘When we interpret a statute, “[o]ur fundamental task . . . is

to determine the Legislature’s intent so as to effectuate the law’s

purpose. We first examine the statutory language, giving it a

plain and commonsense meaning. . . . If the language is clear,

courts must generally follow its plain meaning unless a literal

interpretation would result in absurd consequences the

Legislature did not intend.” ’ ” ’ ” (Smith v. LoanMe, Inc.

(2021) 11 Cal.5th 183, 190 (Smith).) However, “ ‘ “ ‘ “[i]f the

statutory language permits more than one reasonable

interpretation, courts may consider other aids, such as the

statute’s purpose, legislative history, and public policy.” ’ ” ’ ”

(Ibid.)

“To determine the statute of limitations which applies to

a cause of action it is necessary to identify the nature of the

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Opinion of the Court by Guerrero, C. J.

cause of action, i.e., the ‘gravamen’ of the cause of action.

[Citations.] ‘[T]he nature of the right sued upon and not the

form of action nor the relief demanded determines the

applicability of the statute of limitations under our code.’ ”

(Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22–23.)

B. MICRA’s Text

“MICRA . . . refers to several statutes that restrict or place

conditions upon causes of action and remedies directed at

‘health care providers’ for ‘professional negligence.’ ” (Delaney

v. Baker (1999) 20 Cal.4th 23, 28, fn. 2.) The MICRA statute of

limitations applies “[i]n an action for injury or death against a

health care provider[2] based upon such person’s alleged

professional negligence.” (§ 340.5.) The statute defines

“ ‘[p]rofessional negligence’ ” as “a negligent act or omission to

act by a health care provider in the rendering of professional

services, which act or omission is the proximate cause of a

personal injury or wrongful death, provided that such services

are within the scope of services for which the provider is licensed

and which are not within any restriction imposed by the

licensing agency or licensed hospital.” (Id., subd. (2).) If MICRA

applies, “the time for commencement of the action shall be three

years after the date of injury or one year after the plaintiff

2

Neither party disputes that Tostado, as an EMT, met the

statutory definition of a “health care provider” under MICRA.

(See § 340.5, subd. (1) [defining “health care provider” for

purposes of the MICRA statute of limitations]; see also Aldana

v. Stillwagon (2016) 2 Cal.App.5th 1, 7 (Aldana) [explaining

that, under MICRA, “A ‘health care provider’ is ‘any person

licensed or certified pursuant to’ various statutory schemes

including, as relevant here, the Emergency Medical Services

System and the Prehospital Emergency Medical Care Personnel

Act”]; see Health & Saf. Code, § 1797 et seq., id., § 1797.4.)

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Opinion of the Court by Guerrero, C. J.

discovers, or through the use of reasonable diligence should

have discovered, the injury, whichever occurs first.” (§ 340.5.)3

We examined MICRA’s definition of “professional

negligence” in Flores v. Presbyterian Intercommunity Hospital

(2016) 63 Cal.4th 75 (Flores). In Flores, we considered whether

MICRA’s statute of limitations applied when the plaintiff, a

hospital patient, sustained injuries upon falling out of her bed

due to a malfunctioning guardrail. (Flores, at p. 79.) After

reviewing MICRA’s text, purpose, and legislative history, we

concluded that MICRA’s statute of limitations applied. (Flores,

at p. 89.) Starting with the text, we observed that the statute’s

definition of “ ‘professional negligence’ ” contains four elements:

“(1) ‘a negligent act or omission to act by a health care provider

in the rendering of professional services,’ (2) ‘which act or

omission is the proximate cause of a personal injury or wrongful

death,’ (3) ‘provided that such services are within the scope of

services for which the provider is licensed,’ and (4) ‘which are

not within any restriction imposed by the licensing agency or

licensed hospital.’ ” (Id. at p. 84, quoting § 340.5, subd. (2).)

Focusing on the first element, we rejected as overly

narrow the plaintiff’s argument that “ ‘professional services’ ”

only included services requiring a particularized degree of

medical skill. (Flores, supra, 63 Cal.4th at pp. 84–85.) We

noted, in this respect, that hospital staff might commit an act of

negligence in the rendering of medical care, even where no

special medical skill was implicated — for example, if a janitor’s

3

Plaintiff appears to concede that, assuming MICRA

applies at all, MICRA’s delayed discovery rule, extending the

limitations period up to three years (§ 340.5), did not expand his

time to sue.

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Opinion of the Court by Guerrero, C. J.

broom accidentally disconnected a patient’s oxygen ventilator.

(Id. at p. 85.) We then rejected as overly broad the defendant’s

argument that “ ‘professional services’ ” encompassed any

services performed by a health care provider within the scope of

licensure, observing that this interpretation would collapse the

first and third elements of section 340.5’s definition of

professional negligence. (Id. at pp. 85–86.) We also pointed out

that because health care providers are licensed not only to

perform medical services but also to operate public-facing

facilities, the defendant’s interpretation would improperly

“sweep in not only negligence in performing the duties that

hospitals owe to their patients in the rendering of medical

diagnosis and treatment, but negligence in performing the

duties that hospitals owe to all users — including personnel and

visitors — simply by virtue of operating a facility that is open to

the public.” (Id. at p. 86; see also ibid. [rejecting the notion that

MICRA “would apply to a visitor’s action for injuries resulting

from a custodian’s negligence in leaving a broom on a hallway

floor, or a doctor’s action against the hospital for failure to place

a warning sign on a wet, recently mopped floor”].) We disavowed

such an “all-purpose rule covering essentially every form of

ordinary negligence that happens to occur on hospital property.”

(Ibid.)

Upon rejecting the parties’ starkly different positions, our

decision in Flores concluded that “the special statute of

limitations for professional negligence actions against health

care providers applies only to actions alleging injury suffered as

a result of negligence in rendering the professional services that

hospitals and others provide by virtue of being health care

professionals: that is, the provision of medical care to patients.”

(Flores, supra, 63 Cal.4th at p. 88, italics added.) We further

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explained, “[W]hether negligence in maintaining hospital

equipment or premises qualifies as professional negligence

depends on the nature of the relationship between the

equipment or premises in question and the provision of medical

care to the plaintiff. A hospital’s negligent failure to maintain

equipment that is necessary or otherwise integrally related to

the medical treatment and diagnosis of the patient implicates a

duty that the hospital owes to a patient by virtue of being a health

care provider. Thus, if the act or omission that led to the

plaintiff’s injuries was negligence in the maintenance of

equipment that, under the prevailing standard of care, was

reasonably required to treat or accommodate a physical or

mental condition of the patient, the plaintiff’s claim is one of

professional negligence under section 340.5. But section 340.5

does not extend to negligence in the maintenance of equipment

and premises that are merely convenient for, or incidental to,

the provision of medical care to a patient.” (Ibid., italics added.)4

4

The analysis in Flores noted parallels between the MICRA

statute of limitations and section 340.6, subdivision (a)

(section 340.6(a)), an analogous statute governing actions

against legal professionals. We found “instructive” (Flores,

supra, 63 Cal.4th at p. 88) our prior decision in Lee v. Hanley

(2015) 61 Cal.4th 1225, which addressed the scope of section

340.6(a). Similar to MICRA, section 340.6(a) imposes a one-year

statute of limitations for “[a]n action against an attorney for a

wrongful act or omission, other than for actual fraud, arising in

the performance of professional services,” subject to a delayed

discovery rule. In Lee, a client sued her attorney for improperly

withholding the client’s funds. (Lee, at p. 1229.) We recognized

that while the attorney’s withholding of the funds may have

violated certain professional obligations, the plaintiff’s action

could also be interpreted as a claim for simple conversion. (Id.

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Elaborating on this distinction, we observed in Flores that

hospitals are open to the public and include “numerous items of

furniture and equipment . . . that are provided primarily for the

comfort and convenience of patients and visitors, but generally

play no part in the patient’s medical diagnosis or treatment.”

(Flores, supra, 63 Cal.4th at p. 89.) We concluded that a defect

in such equipment implicates a general duty of care owed to all

Californians5 and would not give rise to a claim for professional

negligence. (Flores, at p. 89.) For instance, we explained, if “a

chair in a waiting room collapses, injuring the person sitting in

it, the hospital’s duty with respect to that chair is no different

at p. 1230.) We also observed that “[t]he obligations that an

attorney has by virtue of being an attorney are varied and often

overlap with obligations that all persons subject to California’s

laws have.” (Id. at p. 1238.) The test for determining whether

section 340.6(a) applies to an action arising from conduct that

violated overlapping duties, we concluded, was whether the

action, “in order to succeed, necessarily depends on proof that

an attorney violated a professional obligation as opposed to some

generally applicable nonprofessional obligation.” (Lee, at

p. 1238.)

5

A general negligence claim alleges a breach of the

ordinary duty of care that each person owes to others. “The

‘general rule’ governing duty is set forth in Civil Code

section 1714 . . . . [Citation.] First enacted in 1872, section

1714 provides: ‘Everyone is responsible . . . for an injury

occasioned to another by his or her want of ordinary care or skill

in the management of his or her property or person . . . .’ (Id.,

subd. (a).) This statute establishes the default rule that each

person has a duty ‘to exercise, in his or her activities, reasonable

care for the safety of others.’ ” (Brown v. USA Taekwondo (2021)

11 Cal.5th 204, 213–214; see also Lugtu v. California Highway

Patrol (2001) 26 Cal.4th 703, 716 [“Under general negligence

principles . . . a person ordinarily is obligated to exercise due

care in his or her own actions so as not to create an unreasonable

risk of injury to others”].)

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from that of any other home or business with chairs in which

visitors may sit”; as such, MICRA’s statute of limitations would

“not apply to a suit arising out of such an injury.” (Flores, at

p. 89.) In contrast, because the plaintiff’s malfunctioning bed

guardrail, which had been ordered to be set at a certain height

by the plaintiff’s physician, was “integrally related to [the

plaintiff’s] medical diagnosis and treatment,” we concluded the

plaintiff’s claim involved professional negligence, and therefore

MICRA’s one-year statute of limitations applied. (Flores, at

p. 89.)

Flores thus perceived a fundamental distinction between

claims involving “professional negligence” (§ 340.5) that are

subject to the MICRA statute of limitations and claims involving

only general negligence that are beyond the statute’s scope.

While the former “implicates a duty that the [defendant] owes

to a patient by virtue of being a health care provider” (Flores,

supra, 63 Cal.4th at p. 88), the latter implicates the general

duty to exercise ordinary care that each person owes to all other

members of the public (Civ. Code, § 1714, subd. (a)).

Flores did not have occasion to apply these principles in

the context of a claim by a plaintiff who was not the patient of

the defendant health care provider, but rather, a third party

having no professional relationship with the defendant.6 Our

6

We recently addressed a third-party claim brought against

a legal professional in Escamilla v. Vannucci (2025) 17 Cal.5th

571 (Escamilla). There, we held that section 340.6(a)’s one-year

statute of limitations for claims against attorneys arising out of

professional services did not apply to a malicious prosecution

action brought against an attorney by a nonclient. (Escamilla,

at pp. 576, 590.) However, Escamilla does not fully answer the

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Opinion of the Court by Guerrero, C. J.

previous observations regarding the text of section 340.5,

however, strongly suggest that there must be a nexus between

the provision of medical care and the resulting injury. Although

section 340.5 refers to claims by a “plaintiff” rather than a

“patient,” it applies only to actions “for injury or death . . . based

upon . . . professional negligence,” rather than a broader

category of actions against health care providers. (Italics

added.) In addition, section 340.5 specifically defines

“ ‘[p]rofessional negligence’ ” as “a negligent act or omission to

act by a health care provider in the rendering of professional

services, which act or omission is the proximate cause of a

personal injury or wrongful death.” (Id., subd. (2).) This

circumscribed definition suggests the statute is only concerned

with injuries resulting directly from the negligent rendering of

medical care, as opposed to all injuries that might occur during

or that arise out of the provision of medical care. (See Flores,

supra, 63 Cal.4th at p. 85 [“the relevant professional service is

medical care: that is, the medical diagnosis and treatment of

patients”].)

Nonetheless, because section 340.5 may not be free from

ambiguity, we consider MICRA’s purpose and legislative intent

to better inform our analysis. (Smith, supra, 11 Cal.5th at

p. 190.)

question in this case. While we have previously regarded

sections 340.5 and 340.6(a) as sister statutes, their text is not

identical, and the nature of the claim raised in Escamilla

involved different considerations than those presented in the

instant case.

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C. MICRA’s Purpose and Legislative History

Flores included a comprehensive discussion of the purpose

and legislative history of MICRA. There, we explained that, for

“most of the 20th century,” medical malpractice claims were

subject to a one-year statute of limitations, which was the same

as the previously existing one-year statute of limitations for

general negligence claims. (Flores, supra, 63 Cal.4th at p. 80,

citing former § 340, subd. (3), as amended by Stats. 1905,

ch. 258, § 2, pp. 231–232.) Subsequently, the courts began to

adopt a “delayed discovery rule” for medical malpractice cases;

that is, the limitations period did not begin to run until the

plaintiff discovered, or through the use of reasonable diligence

should have discovered, the plaintiff’s injuries. (Flores, at p. 81.)

In 1970, the Legislature enacted a statute of limitations specific

to medical negligence claims to guard against “ ‘ “open-ended”

operation’ ” of the delayed discovery rule. (Ibid.) The 1970

statute provided that claims against specified medical

professionals “ ‘based upon such person’s alleged professional

negligence . . . or for error or omission in such person’s

practice’ ” must be brought within one year of the plaintiff’s

discovery of the injury, “subject to an outer limit of four years

after the date of injury.” (Ibid., quoting former § 340.5, added

by Stats. 1970, ch. 360, § 1, pp. 771–772.)

Five years later, the Legislature enacted MICRA, a

comprehensive package of legislative reforms intended to

remedy the spiraling costs of medical malpractice insurance.

(Flores, supra, 63 Cal.4th at p. 81.) The Legislature adopted

several measures intended to have such an effect. These

measures included amending the statute of limitations for

medical negligence claims to: (1) shorten the outer limit for

filing medical negligence claims from four years to three years;

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(2) expand covered medical professionals to include additional

categories of health care providers; (3) rephrase the description

of covered actions to include any “action for injury or death

against a health care provider based upon such person’s alleged

professional negligence”; and (4) add the definition of

“professional negligence” that appears today. (§ 340.5.)

While MICRA’s text refers to “professional negligence”

rather than “malpractice,” the manifest purpose of the

legislation was to reduce costs associated with medical

malpractice insurance. (See Western Steamship Lines, Inc. v.

San Pedro Peninsula Hospital (1994) 8 Cal.4th 100, 111.) In

convening an extraordinary legislative session to enact MICRA,

then-Governor Edmund G. Brown proclaimed that the “cost of

medical malpractice insurance has risen to levels which many

physicians find intolerable.” (Governor’s Proclamation to Leg.

(May 16, 1975) Stats. 1975, 2d Ex. Sess. 1975–1976, p. 3947; see

also Stats. 1975, ch. 2, § 12.5, p. 4007 [preamble to MICRA;

purpose of MICRA was to remedy “a major health care crisis in

the State of California attributable to skyrocketing malpractice

premiums”].) Consistent with this goal, MICRA’s legislative

materials reflect concerns regarding malpractice claims, not

garden-variety negligence claims against health care providers.

(See, e.g., Assem. Com. on Judiciary, Rep. on Assem. Bill No. 1

(2d Ex. Sess. 1975–1976) as amended June 6, 1975, pp. 1–3

[describing MICRA as effecting “malpractice” reforms, including

amending the statute of limitations for “medical malpractice”];

Assem. Com. on Ways and Means, Analysis of Assem. Bill No. 1

(2d Ex. Sess. 1975–1976) as amended June 13, 1975, pp. 1–2

[describing MICRA as amending the “malpractice” statute of

limitations]; Sen. Com. on Ins. and Fin. Institutions, Analysis of

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Assem. Bill No. 1 (2d Ex. Sess. 1975–1976) as amended Aug. 11,

1975, p. 3 [same].)

In sum, although we have recognized that MICRA’s

reference to “ ‘professional negligence’ ” may not be “strictly

limited to classic sponge-in-the-patient medical malpractice

actions” (Waters v. Bourhis (1985) 40 Cal.3d 424, 432–433; see

also Flores, supra, 63 Cal.4th at p. 85), containing the costs

associated with traditional malpractice cases, including the

insurance premiums associated with medical malpractice, was

MICRA’s core motivating principle.

Our understanding of MICRA’s specific aims and

accordingly limited reach informed our decision in Flores. As we

explained in Flores, extending MICRA to claims for any injury

sustained on a hospital premises would overshoot the

Legislature’s goal of reducing the cost of medical malpractice

insurance. (Flores, supra, 63 Cal.4th at pp. 86–87.) We

concluded that “[t]he text and purposes underlying section

340.5 . . . require us to draw a distinction between the

professional obligations of hospitals in the rendering of medical

care to their patients and the obligations hospitals have, simply

by virtue of operating facilities open to the public, to maintain

their premises in a manner that preserves the well-being and

safety of all users.” (Id. at p. 87.) We further observed that

extending MICRA to claims arising from the breach of an

ordinary duty of care may have actually been

“counterproductive” to MICRA’s purpose when it was enacted

because the statute of limitations for general negligence claims

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was also only one year at that time. (Flores, at p. 87, fn. 4.)7

With the MICRA statute of limitations being “one year when the

injury was or should have been immediately discovered, three

years when discovery of the injury was delayed, and in some

circumstances subject to tolling,” “[t]o the extent that MICRA

reflected legislative concerns about . . . skyrocketing

malpractice rates, those concerns would have counseled against

treating a garden-variety negligence claim as a claim for

professional negligence.” (Flores, at p. 87, fn. 4.)

This review of MICRA’s purpose and history corroborates

that in determining whether the MICRA statute of limitations

applies, we look to whether the plaintiff’s claim derives from

professional obligations that are distinct from the duty to

exercise ordinary care that is owed to the public generally.

Where the plaintiff’s claim is premised on the violation of a

professional obligation owed in the rendering of a patient’s

medical care, treatment, or diagnoses, the claim sounds in

professional negligence and the MICRA statute of limitations

will apply. (See, e.g., Nava v. Saddleback Memorial Medical

Center (2016) 4 Cal.App.5th 285, 292 (Nava) [MICRA applied

when a patient was injured falling off a gurney, as “the alleged

negligence in the use or maintenance of the gurney from which

[the plaintiff] fell was integrally related to his medical diagnosis

or treatment”]; see also Mitchell v. Los Robles Regional Medical

7

In 2002, for reasons not relevant here, the Legislature

lengthened the statute of limitations for general negligence

claims from one to two years. (§ 335.1, added by Stats. 2002,

ch. 448, § 2, p. 2522.) This legislative change had the “perhaps

unintentional effect” of creating a longer statute of limitations

for general negligence claims than for medical negligence

claims. (Flores, supra, 63 Cal.4th at p. 82, fn. 2.)

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Center (2021) 71 Cal.App.5th 291, 298–299 (Mitchell) [MICRA

applied when a patient was injured walking to the restroom

without a nurse escort, as the nurse’s judgment that plaintiff did

not need assistance implicated the nurse’s professional duty to

protect and ensure the comfort of the patient].) Where, in

contrast, the alleged negligence does not implicate a specific

professional obligation along the foregoing lines and violates

only the duty of ordinary care owed to the general public, the

claim does not involve professional negligence and the MICRA

statute of limitations is inapplicable. (See, e.g., Johnson v. Open

Door Community Health Centers (2017) 15 Cal.App.5th 153, 160

(Johnson) [MICRA did not apply when a patient tripped on a

scale placed in an unsafe location in her doctor’s office after her

medical consultation concluded].)8

Under this rule, the absence of any professional duty owed

directly to a plaintiff may shed light on the nature of that

plaintiff’s claim; however, it is nonetheless possible that a claim

by a nonpatient plaintiff will sound in professional negligence,

bringing the MICRA statute of limitations into play. As both

parties note, several Court of Appeal decisions have applied

various provisions of MICRA to claims by nonpatients. Many of

these cases involved a plaintiff who was either the patient’s heir

(in cases involving claims of wrongful death) or the patient’s

spouse (in the case involving claims for loss of consortium), and

the plaintiffs’ claims flowed from the breach of a professional

obligation that the health care provider owed to the patient in

8

We make note of Nava, Mitchell, and Johnson to illustrate

the general principles set forth in this opinion but express no

view as to whether these principles were correctly applied to the

specific facts of those cases.

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the first instance. (Yates v. Pollock (1987) 194 Cal.App.3d 195,

197, 199 [MICRA’s damages cap9 applied to wrongful death

action by patient’s spouse and children]; Bell v. Sharp Cabrillo

Hospital (1989) 212 Cal.App.3d 1034, 1037, 1048–1052

[MICRA’s damages cap applied to wrongful death action by

mother whose minor son was the patient]; Atkins v. Strayhorn

(1990) 223 Cal.App.3d 1380, 1394–1396 [MICRA’s damages cap

applied to loss of consortium claim by spouse of patient].)

This court also applied MICRA’s statute of limitations to

nonpatient claims in Hedlund v. Superior Court (1983)

34 Cal.3d 695, 703 (Hedlund), a case involving unusual facts. In

Hedlund, a mother and son sued two psychiatrists whose

patient shot the mother while the son was present. (Id. at

p. 700.) We held the mother’s claim sounded in professional

negligence, because “the duty imposed on a therapist . . . to

diagnose or recognize the danger posed by the patient” was

“inextricably interwoven” with a duty to warn where the patient

made threats to a “known victim.” (Id. at p. 703.) We held the

son had also stated a cause of action for professional negligence

because “it was foreseeable that [the patient’s] threats, if carried

out, posed a risk of harm to bystanders and particularly to those

in close relationship to [the mother],” and therefore the

psychiatrists’ duty to warn “extended” to the son. (Id. at p. 705.)

However, we declined to decide “whether a duty exists as to all

bystanders who might be injured” because “the foreseeability of

such injury [wa]s not before us.” (Ibid.)10

9

See Civil Code section 3333.2.

10

The underlying duty that Hedlund invoked has since been

superseded in part by statute. (See Civ. Code, § 43.92, subds. (a)

& (b).)

17

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

Thus, as explained above, the plaintiff’s status as a patient

or nonpatient is not necessarily determinative. Rather, the

fundamental question is whether the plaintiff’s claim for

negligence involves a violation of professional obligations, as

opposed to the breach of a duty owed to the public generally.

D. MICRA Does Not Reach Plaintiff’s Claim

Applying the foregoing principles, we conclude that the

MICRA statute of limitations does not apply here, as plaintiff’s

claim stems from the breach of a general duty of care owed to

the public.

Plaintiff does not allege that defendants were negligent in

performing “medical diagnosis or treatment” of the patient

whom they were transporting. (Flores, supra, 63 Cal.4th at

p. 89.) Rather, plaintiff alleges that defendants were negligent

in their failure to obey traffic laws applicable to all drivers on

the road. Plaintiff’s claim is akin to the example of the

collapsing waiting room chair in Flores. (Ibid.) Like the

hospital’s duty to maintain the chair in good working order,

defendants owed a duty to the general public to drive their

ambulance with ordinary care under the circumstances. (See

Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764, 774 [“the

general duty to take ordinary care in the conduct of one’s

activities (Civ. Code, § 1714, subd. (a)) indisputably applies to

the operation of a motor vehicle”].) In other words, defendants’

duty to drive with ordinary care was not a duty owed “by virtue

of being a health care provider” (Flores, at p. 88), but rather, a

18

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

duty owed simply by virtue of being a driver.11 As such,

plaintiff’s claim sounds in general negligence and falls outside

of MICRA’s scope.

In reaching a contrary conclusion, the majority opinion

below relied on two cases applying MICRA to claims by

nonpatients based on fact patterns somewhat similar to the one

here: Canister v. Emergency Ambulance Service, Inc. (2008)

160 Cal.App.4th 388 (Canister) and Lopez v. American Medical

Response West (2023) 89 Cal.App.5th 336 (Lopez). Canister held

that MICRA applied to an action by a police officer who was

injured while riding with a patient in an ambulance when it

collided with another vehicle. (Canister, at pp. 406–408.)12

Canister, which predated Flores, reasoned that the EMTs

operating the ambulance were rendering professional services

to the patient when the collision occurred and that “courts have

broadly construed ‘professional negligence’ to mean negligence

occurring during the rendering of services for which the health

care provider is licensed.” (Canister, at p. 406.) Following

Canister, Lopez held that MICRA’s statute of limitations applied

to claims by a passenger patient and his son who had

11

The dissenting opinion below considered it significant that

the ambulance here was not responding to an emergency

situation. (Gutierrez, supra, 97 Cal.App.5th at p. 796 (dis. opn.

of Bromberg, J.).) To be clear, while the existence of an

emergency may affect what will constitute ordinary care, it does

not fundamentally alter the fact that the ambulance driver’s

duty to other drivers is one of ordinary care.

12

Canister addressed the applicability of MICRA, not with

respect to its statute of limitations, but in the context of another

MICRA provision that allows defendants to introduce evidence

of collateral payments made to the plaintiff. (Canister, supra,

160 Cal.App.4th at p. 392; see Civ. Code, § 3333.1, subd. (a).)

19

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

accompanied the patient during transport. (Lopez, at p. 347 &

fn. 6; see also id. at p. 345 [noting, “This case falls squarely

withing the holding of Canister”].)

Canister and Lopez are in some tension with Aldana,

supra, 2 Cal.App.5th 1. Aldana held that MICRA’s statute of

limitations did not apply when a paramedic drove a supervisor’s

truck to an emergency situation and got in a car accident with

the plaintiff en route. (Aldana, at pp. 7–8.) Aldana reasoned

that “[d]riving a nonambulance vehicle to the scene of an injured

victim is outside the scope of the duties for which a paramedic

is licensed,” and therefore MICRA did not apply. (Aldana, at

p. 8.) Furthermore, applying Flores, the Aldana court

determined that “[a] paramedic’s exercise of due care while

driving is not ‘necessary or otherwise integrally related to the

medical treatment and diagnosis of the patient’ [citation], at

least when the patient is not in the vehicle.” (Ibid.) Aldana

recognized that “Canister concluded that both the EMT driving

the ambulance and the EMT attending the patient [in that case]

were rendering professional services.” (Id. at p. 7.) On this

point, the Aldana court did not expressly disagree with Canister,

but observed, “[i]n light of Flores, it is questionable whether

[Canister’s] conclusion was correct.” (Ibid.) In dismissing

Aldana’s relevance to the instant case, the Gutierrez majority

suggested that Aldana’s holding was limited to its facts.

(Gutierrez, supra, 97 Cal.App.5th at pp. 793, 795.)

We conclude Canister and Lopez were incorrect to the

extent they suggest that a plaintiff’s claim sounds in

professional negligence merely because the plaintiff’s injuries

“occur[ed] during the rendering of services” to a patient.

(Canister, supra, 160 Cal.App.4th at p. 406, italics added.) For

MICRA’s statute of limitations to apply, it is not enough that

20

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

there is a temporal connection between the plaintiff’s alleged

injuries and a health care provider’s rendering of professional

services. Rather, the alleged injury must be “suffered as a result

of negligence in rendering the professional services that

hospitals and others provide by virtue of being health care

professionals.” (Flores, supra, 63 Cal.4th at p. 88.) That is, the

breach of the professional obligation must be the “proximate

cause of a personal injury or wrongful death.” (§ 340.5,

subd. (2).) Here, plaintiff’s injuries were allegedly caused by

Tostado’s negligent driving. As previously noted, this is not a

“duty that the [defendant] owes to a patient by virtue of being a

health care provider” (Flores, at p. 88); an ambulance driver

owes the general public a duty to drive with ordinary care simply

because they are operating a vehicle on a road.

Defendants would have us interpret MICRA more broadly.

In their view, the ambulance transport here was “integrally

related” to the provision of health care to the patient passenger

(Flores, supra, 63 Cal.4th at p. 88) and, because plaintiff’s

injuries resulted from the ambulance transport, his claims

should be covered by MICRA. Defendants misunderstand

Flores. As previously discussed, in the context of a claim

brought by a patient, Flores considered whether the

malfunctioning bed guardrail at issue was “integrally related”

to the patient’s medical care. (Flores, at p. 89.) Based on a

factual concession that her doctor had ordered the guardrail to

be set a certain height, we concluded that the patient’s

“injuries . . . resulted from [the defendant’s] alleged negligence

in the use or maintenance of equipment integrally related to [the

patient’s] medical diagnosis and treatment”; therefore, MICRA

applied. (Flores, at p. 89.) Here, no similar nexus exists

between professional negligence, i.e., the breach of “a duty that

21

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

the [defendant] owes to a patient by virtue of being a health care

provider” (id. at p. 88) and plaintiff’s injuries as alleged in the

complaint. Even if we assume the patient in this case was

receiving medical services during the ambulance transport,

there are no allegations suggesting that professional negligence

in rendering those services was the proximate cause of plaintiff’s

injuries.

In this sense, plaintiff’s claim is distinct from claims by a

patient’s relatives for wrongful death or loss of consortium based

on medical negligence, or the claims by the foreseeable victims

of the dangerous patient in Hedlund. In those cases, MICRA

applied because the plaintiff’s injuries were proximately caused

by the breach of a professional obligation owed to a patient. For

instance, in Hedlund, the plaintiffs’ cause of action for failure to

warn came within MICRA because the proper diagnosis of the

patient was an element of the plaintiffs’ cause of action.

(Hedlund, supra, 34 Cal.3d at pp. 703–704.) We explained:

“Tarasoff [v. Regents of University of California (1976) 17 Cal.3d

425 held] that diagnoses and predictions about the danger of

violence presented by a patient must be rendered under

accepted rules of professional responsibility, and that in so doing

therapists must exercise the ‘ “reasonable degree of skill,

knowledge and care ordinarily possessed and exercised by

members of [the profession].” ’ [Citation.] Diagnosis of

‘psychological problems and emotional and mental disorders’ is

a professional service for which a psychologist is licensed, and a

negligent failure in this regard is therefore ‘professional

negligence’ as that term is defined in section 340.5. This

diagnosis and prediction is an essential element of a cause of

action for failure to warn. It is the basis upon which the duty to

the third party victim is found.” (Id. at p. 703.) Here, by

22

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

contrast, there is no professional failure that plaintiff must

plead or prove to succeed on his personal injury claim.13

E. Policy Considerations

In justifying its holding below, the Gutierrez majority

reasoned, “Under [plaintiff’s] proposed approach, two people

involved in the same accident at the same time would be subject

to two different statutes of limitations, possibly resulting in two

separate lawsuits with inconsistent judgments and greatly

increased costs for all involved.” (Gutierrez, supra,

97 Cal.App.5th at p. 795.) The Gutierrez majority regarded this

as an “untenabl[e]” policy outcome. (Ibid.) The dissent, drawing

parallels between plaintiff’s position and our holding in Lee (see

fn. 4, ante), rejected this argument. The dissent explained: “The

majority objects that it is impracticable to interpret MICRA’s

statute of limitations to depend on whether a claim requires

proof that a professional obligation has been violated because

claims by two people involved in the same accident at the same

time might be subject to two different statutes of limitations.

While it is true that claims by different people may be subject to

different statute[s] of limitations, that is no reason to reject the

Lee majority’s approach. Lee itself recognized that under this

13

Defendants acknowledged at oral argument that

section 340.5 only applies to actions for “injury or death against

a health care provider based upon such person’s alleged

professional negligence.” (§ 340.5, italics added.) As such, by its

own terms, section 340.5 would not apply to plaintiff’s claim to

the extent it involved property damage to his vehicle. The fact

that section 340.5 does not reach property damage, which is

commonly claimed in general negligence actions, further

underscores that claims arising from a routine car accident —

such as the one at issue in this case — sound in general rather

than professional negligence.

23

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

approach claims brought by the same person concerning the

same conduct may be subject to different statutes of limitations

[assuming the person brings separate causes of action based on

professional negligence and other theories]. [Citation.] As a

consequence, it is neither impermissible nor impractical to

interpret MICRA’s statute of limitations so that claims

involving the same conduct may be subject to different statutes

of limitations if they are based on different theories.” (Gutierrez,

supra, 97 Cal.App.5th at p. 798 (dis. opn. of Bromberg, J.).)

We agree with the dissent. The possibility of different

plaintiffs being subject to different statutes of limitation is

neither unworkable nor inherently unfair.14 A more obvious

unfairness would result from defendants’ proposed rule; that is,

health care provider defendants would be afforded greater

protection against an array of lawsuits than other types of

defendants merely due to their identity as health care providers.

In Escamilla, we “discern[ed] ‘no policy reason in the legislative

history [of section 340.6(a)] or elsewhere for providing a more

circumscribed limitations period for attorney defendants than

for client defendants of malicious prosecution actions.’ ”

(Escamilla, supra, 17 Cal. 5th at p. 588.) This reasoning applies

14

In making this observation, we do not opine on whether

claims brought by the patient who was riding in the ambulance

that struck plaintiff’s vehicle in this case would be subject to a

different statute of limitations than plaintiff’s claim. That

would depend on the specific facts alleged by the patient, and

the nature of the duties or obligations involved, which are not

issues before this court.

24

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

with equal force in the context of general negligence claims

against health care providers.15

Nor are we persuaded by the argument of amici curiae

California Medical Association, California Dental Association,

and California Hospital Association (collectively, medical

associations) that our holding would allow plaintiffs to avoid the

MICRA statute of limitations through artful pleading. The

medical associations express concern that plaintiffs could

control which statute of limitations applies to their lawsuits

simply by characterizing professional negligence claims as

general negligence claims. Thus, according to the medical

associations, it would be plaintiffs “who determine whether

MICRA applies, even when plaintiffs are patients, even when

defendants are health care providers, and even when defendants

were engaged ‘in the rendering of professional services’ when

plaintiffs were injured.”

However, as we have explained, the applicable statute of

limitations is not driven by a plaintiff’s strategic choice of words

but, rather, the substance of a plaintiff’s allegations. “Under

well established principles the applicable statute of limitations

15

Defendants do not advance the additional policy

argument, cited in the Gutierrez majority opinion, that a

decision in plaintiff’s favor could negatively impact medical

malpractice insurance rates. (See Gutierrez, supra,

97 Cal.App.5th at p. 795.) In any event, we have not been

provided any clear evidence of such potential impacts. The

Insurance Commissioner, in an amicus curiae letter, explained

that standard professional medical liability forms submitted by

the Insurance Services Office “would not categorically cover

traffic accident claims like the one in this case just because they

involve a collision with an ambulance,” but noted that individual

policies may vary.

25

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

is determined by the nature of the right sued upon.” (Hedlund,

supra, 34 Cal.3d at p. 704, italics added.) Here, we hold that a

plaintiff’s claim sounds in general negligence, and not

professional negligence, when it arises from a breach of a

general duty of care owed to all members of the public. Whether

such a breach is at issue will depend on the facts alleged in the

complaint — not the terminology the plaintiff chooses to employ.

A plaintiff’s claim may sound in general negligence, even when

the plaintiff is the patient (see, e.g., Johnson, supra,

15 Cal.App.5th at p. 160), even when the defendant is a health

care provider, and even when professional services are being

performed at the time the plaintiff is injured. But this is

consistent with the aim of MICRA, which was designed to

address the rising costs of litigation associated with professional

negligence claims against health care providers — not any

negligence claims against health care providers.

F. The Two-year Statute of Limitations Under

Section 335.1 Applies

Plaintiff’s claim is not based on the breach of a

professional obligation that defendants owed to the patient they

were transporting in the ambulance that collided with plaintiff’s

vehicle. Plaintiff’s claim arises instead from the alleged breach

of the general duty of care that defendants owed to all other

drivers to safely operate their ambulance on the road. Thus, the

essence of plaintiff’s action was not professional negligence but

rather garden-variety negligence. As such, the two-year statute

of limitations for general negligence claims applies (§ 335.1),

and plaintiff’s suit was timely filed.

26

GUTIERREZ v. TOSTADO

Opinion of the Court by Guerrero, C. J.

III. DISPOSITION

We conclude that the MICRA statute of limitations does

not apply where, as here, the plaintiff’s claim sounds in general

negligence as predicated on the breach of a duty owed to the

public generally. On this basis, we reverse the judgment and

remand this matter to the Court of Appeal for further

proceedings consistent with our opinion. We disapprove

Canister v. Emergency Ambulance Service, Inc. (2008)

160 Cal.App.4th 388 and Lopez v. American Medical Response

West (2023) 89 Cal.App.5th 336 to the extent they are

inconsistent with our opinion.

GUERRERO, C. J.

We Concur:

CORRIGAN, J.

LIU, J.

KRUGER, J.

GROBAN, J.

JENKINS, J.

EVANS, J.

27

See next page for addresses and telephone numbers for counsel who

argued in Supreme Court.

Name of Opinion Gutierrez v. Tostado

__________________________________________________________

Procedural Posture (see XX below)

Original Appeal

Original Proceeding

Review Granted (published) XX 97 Cal.App.5th 786

Review Granted (unpublished)

Rehearing Granted

__________________________________________________________

Opinion No. S283128

Date Filed: July 31, 2025

__________________________________________________________

Court: Superior

County: Santa Clara

Judge: Christopher G. Rudy

__________________________________________________________

Counsel:

Southwest Legal Group, Anthony R. Lopez, Jr.; The Ehrlich Law Firm,

Jeffrey I. Ehrlich; Law Offices of Clinton Ehrlich and Clinton E.

Ehrlich-Quinn for Plaintiff and Appellant.

Ikuta Hemesath, Benjamin T. Ikuta, Michelle B. Hemesath and Janna

M. Trolia for Consumer Attorneys of California as Amicus Curiae on

behalf of Plaintiff and Appellant.

Manning & Kass, Ellrod, Ramirez, Trester, David V. Roth and Mark R.

Wilson for Defendants and Respondents.

Cole Pedroza, Curtis A. Cole and Cassidy C. Davenport for California

Medical Association, California Dental Association and California

Hospital Association as Amici Curiae on behalf of Defendants and

Respondents.

Rob Bonta, Attorney General, and Andrea M. Schoor-West, Deputy

Attorney General, for Insurance Commissioner Ricardo Lara as

Amicus Curiae, upon the request of the Supreme Court.

Counsel who argued in Supreme Court (not intended for

publication with opinion):

Clinton E. Ehrlich-Quinn

Law Offices of Clinton Ehrlich

120 Vantis, Suite 300

Aliso Viejo, CA 92656

(818) 473-5404

Mark R. Wilson

Manning & Kass, Ellrod, Ramirez, Trester LLP

101 Montgomery Street, Suite 2550

San Francisco, CA 94104

(415) 400-0829

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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