California Court of Appeal

On April 30, 2013, the California Court of Appeal, Second Appellate Distrtict, Division Three, issued its opinion in the matter of Corenbaum v. Lampkin, holding, among other things, that "evidence of the full amount billed [for past medical services] is . . . inadmissible for the purpose of proving non-economic damages." The decision is the latest -- and most significant -- to interpret the California Supreme Court's decision in Howell v. Hamilton Meats, (2011) 52 Cal.4th.541.

Unless the Court of Appeal grants a Petition for Rehearing, or the California Supreme Court grants a Petition for Hearing, it therefore appears that evidence of the full amount billed by a medical provider for past medical services will be inadmissible for virtually any purpose in a personal injury trial, at least within the Second Appellate District.

An amicus brief was filed on behalf of the defense by the Association of California Defense Counsel.