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1201 A health care provider who fails to object to a punitive damages claim in an action against it arising from professional negligence thereby waives the provisions of CCP 425.13 requiring plaintiff to seek leave of the court to include such a claim; an appellate court should not declare an award of punitive damages excessive unless the entire record indicates that the award resulted from passion and prejudice. CitationVALLBONA v SPRINGER (Cellulite Fraud) 43 CA4 1525 [See: CCP 425.13; Villa v Superior Court 233 CA3 8; Neal v Farmers 21 C3 910]
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