California Supreme Court December 5, 1985, S.F. 24611 (Waters v. Bourhis)

MOSK, J.

I dissent.

The majority are correct when they declare that “when a plaintiff knowingly chooses to proceed on both non-MICRA and MICRA causes of action, and obtains a recovery that may be based on a non-MICRA theory, the limitation of section 6146 should not apply.” (Ante, p. 437.) At that point, the majority are on the right track. With that rule, the matter should have ended.