Yoshioka v. Superior Court of Los Angeles County

58 Cal. App. 4th 972, 68 Cal. Rptr. 2d 553, 97 Cal. Daily Op. Serv. 8267, 97 Daily Journal DAR 13331, 1997 Cal. App. LEXIS 861
CourtCalifornia Court of Appeal
DecidedOctober 27, 1997
DocketB110759
StatusPublished
Cited by37 cases

This text of 58 Cal. App. 4th 972 (Yoshioka v. Superior Court of Los Angeles County) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yoshioka v. Superior Court of Los Angeles County, 58 Cal. App. 4th 972, 68 Cal. Rptr. 2d 553, 97 Cal. Daily Op. Serv. 8267, 97 Daily Journal DAR 13331, 1997 Cal. App. LEXIS 861 (Cal. Ct. App. 1997).

Opinions

[978]*978Opinion

WOODS, J.

Petitioner David Yoshioka wishes to collect noneconomic damages from real parties in interest Glenn Alan Todd and Judith Todd. He challenges Proposition 213 (passed by voters last November and which prohibits uninsured drivers from collecting such damages) as unconstitutional on due process and equal protection grounds. Amici curiae in support of petitioner further challenge under California’s single-subject rule. We find that the initiative withstands constitutional muster on all three grounds and therefore must deny his petition for a writ of mandate.

Factual and Procedural Synopsis

On July 26, 1994, petitioner David Yoshioka and real parties in interest Glenn Alan and Judith Todd were involved in an automobile accident. Petitioner had no auto insurance at the time of the accident. Petitioner filed his complaint in the Superior Court for the County of Los Angeles on June, 14, 1995, alleging that he was rear-ended by real parties and subsequently sustained serious injuries.

On November 5, 1996, Proposition 213 was passed by 76.83 percent of the voters of the State of California, creating California Civil Code section 3333.4. This initiative prohibits uninsured motorists and drunk drivers from collecting noneconomic damages in any action arising out of the operation or use of a motor vehicle. Further, it prohibits recovery of any damages by felons for injuries caused in the commission of or flight from a felony. (Civ. Code, § 3333.3.) The voter’s pamphlet reveals numerous interests the electorate considered in enacting this initiative. Essentially such interests can be narrowed down to two broad concerns the voters took into account: (1) the interest in restoring balance to our justice system and (2) the interest in reducing costs of mandatory automobile insurance.

On November 8, 1996, the subject litigation proceeded to arbitration, where an award was made. Both parties filed a request for trial de novo. The matter was set for trial on March 17, 1997. Based on Proposition 213, real party brought a motion in limine to exclude all evidence of general damages and bar all jury instructions on that issue. Judge Piatt granted the motion in limine because he refused to rule that Proposition 213 was unconstitutional in its retroactive application and looked for appellate review on that issue. Further, he granted the real parties’ request to amend their answer to add Proposition 213 as an affirmative defense. The trial was continued until May 27, 1997, to afford petitioner the opportunity to file his writ petition.

Petitioner filed a petition for writ of mandate on April 2, 1997. Subsequently, on May 5, 1997, real parties filed an opposition to the writ. [979]*979Petitioner replied on May 16, 1997. Amici curiae in support of the petitioner filed a brief on May 14, 1997. Real parties answered on May 27, 1997. Amici curiae in support of real parties (the Attorney General and the Association of California Insurance Companies) filed briefs on June 12, 1997. The constitutionality of this initiative is now before this court for review.

Discussion

Petitioner contends that both the retroactive and prospective applications of Proposition 213 are unconstitutional because the initiative violates his rights of (1) due process and (2) equal protection under the federal and state Constitutions. Further, amici curiae in support of petitioner contend this initiative is invalid because it violates California’s single-subject rule. Accordingly, petitioner wishes to collect both economic and noneconomic damages for injuries suffered from real parties in interest. We disagree with petitioner’s contentions that this state initiative is unconstitutional in either its retroactive or prospective form and application.

I. Retroactive Application of Proposition 213

Courts addressing retroactive application of initiatives generally follow a two-step analysis. (Gutierrez v. De Lara (1987) 188 Cal.App.3d 1575, 1578 [234 Cal.Rptr. 158].) First, the court must determine whether the initiative has been retroactively applied. If so, the court must then decide if the people intended that the statute be so applied. Upon a finding of intent, the initiative may be enacted unless it is prohibited by state or federal constitutional provisions. (Ibid.) Therefore, we first look at the retroactive application itself and then determine if its application is constitutional.

Proposition 213 provides: “This act shall be effective immediately upon its adoption by the voters. Its provisions shall apply to all actions in which the initial trial has not commenced prior to January 1,1997” (Italics added.)

This initiative was applied to petitioner by the concept of secondary retroactivity. Secondary retroactivity is best defined by our Supreme Court as “[retroactivity which] faffect[s] the future legal consequences of past transactions.’ ” (20th Century Ins. Co. v. Garamendi (1994) 8 Cal.4th 216, 281 [32 Cal.Rptr.2d 807, 878 P.2d 566].) The court noted that this type of retroactivity “does not itself offend any laws, including the United States [980]*980and California Constitutions.”1 (Id. at p. 282.) Petitioner’s case involves an accident occurring prior to Proposition 213’s passage, yet encompasses a trial set following its effective date. He filed a complaint with the court against real parties for an accident which occurred on July 26, 1994. Proposition 213, passed in November of 1996, has prevented him from seeking noneconomic relief because this matter was set for trial on March 17, 1997. It is clear that the initiative applies to petitioner in a retroactive manner.

Since the initiative does not expressly state that it will apply retroactively, we must determine the electorate’s intent. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1212 [246 Cal.Rptr. 629, 753 P.2d 585]; Russell v. Superior Court (1986) 185 Cal.App.3d 810, 814 [230 Cal.Rptr. 102].) In order to determine such intent it is best to look at the language of the initiative itself. (See Feckenscher v. Gamble (1938) 12 Cal.2d 482, 500 [85 P.2d 885]; where our Supreme Court held that the measure of damages which applied at the time of the accrual of the cause of action was inapplicable due to the legislative amendment of Civil Code section governing that measure of damages.)

Generally, “[t]he presumption is very strong that a statute was not meant to act retrospectively, [wherein] [i]t ought not receive such a construction unless the words used are so clear, strong and imperative that no other meaning can be annexed to them, or unless the intention of the legislature cannot be otherwise satisfied.” (U.S. Fidelity Co. v. Struthers Wells Co. (1908) 209 U.S. 306, 314 [28 S.Ct. 537, 539, 52 L.Ed. 804].)

Petitioner argues that the words, “provisions shall apply to all actions in which the initial trial has not commenced prior to January 1,1997” are susceptible to an alternate interpretation that the voters wanted to give uninsured motorists sufficient time to bring their case to trial if the case was already pending.

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58 Cal. App. 4th 972, 68 Cal. Rptr. 2d 553, 97 Cal. Daily Op. Serv. 8267, 97 Daily Journal DAR 13331, 1997 Cal. App. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoshioka-v-superior-court-of-los-angeles-county-calctapp-1997.