Notice Of Motion And Motion For Leave To Conduct Discovery Of Defendants Financial Condition
Set for Law and Motion/Discovery Calendar on Thursday, July 02, 2026, Line 1.
Plaintiff Richard R.'s unopposed Motion For Leave To Conduct Discovery Of Defendants Financial Condition is GRANTED.
Plaintiff moves under Civil Code section 3295(c). That section provides in relevant part: "No pretrial discovery by the plaintiff shall be permitted with respect to [punitive damages/financial condition evidence] unless the court enters an order permitting such discovery pursuant to this subdivision. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294."
The court finds Plaintiff has shown there is a substantial probability that it will prevail on its punitive damages claim. Good cause appearing, the court grants Plaintiff leave to conduct the pre-trial discovery otherwise prohibited by section 3295(c) by propounding the discovery set out in the notice of motion. Prior to the hearing, Moving Party shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim and specifically identifying the authorized discovery.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |
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