Judge: Lynne M. Hobbs, Case: 22STCV32356, Date: 2023-08-08 Tentative Ruling

Case Number: 22STCV32356    Hearing Date: September 29, 2023    Dept: 30

LANI MILLER vs JOANNA DEFIRMIAN, et al.

Motion for Orders Allowing Discovery of Defendant's Financial Condition

Tentative Ruling:  Plaintiff’s motion for orders allowing discovery of Defendant’s financial condition is DENIED.  Moving party is ordered to give notice.

Discussion:  

Plaintiff moves for an order allowing discovery of Defendant’s financial condition on the grounds that there is a significant probability that Plaintiff will prevail on her demand for punitive damages. Plaintiff provides her declaration, photographs, the deposition excerpt of Defendant, and the civil harassment restraining order, all in support of her motion.

The parties have conflicting accounts of the events leading up to the altercation. If Plaintiff is to be believed, then Defendant was the first aggressor and attacked her after she started videotaping what was happening in the common area. If Defendant is to be believed, then Plaintiff was the first aggressor, attacked Defendant’s mother for objecting to being videotaped, and attacked Defendant when Defendant attacked her. There is insufficient evidence for the Court to decide which account is accurate. Further neither party offers evidence of whether Defendant acted with the malice or oppression necessary to prevail on a claim for punitive damages.

Accordingly, the evidence is insufficient for the Court to find that there is a significant probability that Plaintiff would prevail on their claim for punitive damages.  Plaintiff’s motion for orders allowing discovery of Defendant’s financial condition is DENIED.