Motion for an Order Permitting Pre-Trial Discovery of Defendant’s Financial Condition
21CV-04103 Hugo Villegas vs Ryan Vigil, et al.
Motion for an Order Permitting Pre-Trial Discovery of Defendant’s Financial Condition (Civ. Code § 3295, subd. (c))
Plaintiff’s motion for an order permitting discovery of Defendant GSF’s financial condition is DENIED.
In determining whether to permit the requested discovery, the court must weigh the evidence submitted by the parties and determine whether it is very likely that the plaintiff
will prevail on the punitive damages claim. (Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 758.)
At this time Plaintiff has not met the significant burden of showing a substantial probability of prevailing on his punitive damages claim. Although Plaintiff has provided evidence that Defendant GSF should have pursued eviction proceedings sooner, such evidence is insufficient to support pretrial discovery into Defendant GSF's financial condition under Civil Code section 3295, subdivision (c).
Accordingly, the motion is denied.
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