Judge: Thomas D. Long, Case: 20STCV46325, Date: 2024-03-19 Tentative Ruling

Case Number: 20STCV46325    Hearing Date: March 19, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 3, 2020, Plaintiff Maria Luisa Barajas Gascon filed this action against Defendants Angela Yolanda Diaz and Angela Diaz.  Trial is scheduled for April 22, 2024, bifurcated into two phases: Phase One for liability and Phase Two for punitive damages.

On February 22, 2024, Plaintiff filed a motion to allow discovery of Defendants’ financial conditions to support punitive damages. 

“An award of punitive damages hinges on three factors: the reprehensibility of the defendant’s conduct; the reasonableness of the relationship between the award and the plaintiff’s harm; and, in view of the defendant’s financial condition, the amount necessary to punish him or her and discourage future wrongful conduct.”  (Kelly v. Haag (2006) 145 Cal.App.4th 910, 914.)

A plaintiff may not conduct pretrial financial discovery without a court order.  (Civ. Code, § 3295.)  The court may issue an order permitting pretrial financial discovery if the plaintiff has established, based on supporting and opposing affidavits, that there is a substantial probability that the plaintiff will prevail on the claim.  (Civ. Code, § 3295, subd. (c).)  “[A] ‘substantial probability’ of prevailing on a claim for punitive damages means that it is ‘very likely’ that the plaintiff will prevail on such a claim or there is ‘a strong likelihood’ that the plaintiff will prevail on such a claim.”  (Kerner v. Superior Court (2012) 206 Cal.App.4th 84, 120.)

The Complaint alleges fraud and financial elder abuse in connection with the transfer of property and the deprivation of Plaintiff’s life estate.  (See Complaint ¶¶ 21-35.)  The parties provide the same declarations that were provided for Defendants’ motion for summary judgment.  The Court similarly refers to its order on that motion to find that Plaintiff has shown a substantial probability of prevailing on her claims for which punitive damages may be awarded.  (See 06/12/2023 Order at pp. 4-6)

Moreover, the Court may order a defendant to produce evidence of his or her financial condition following a determination of liability for punitive damages even if the plaintiff has not attempted to obtain that information prior to trial.  (StreetScenes v. ITC Entertainment Group, Inc. (2002) 103 Cal.App.4th 233, 243-244.)  Should the jury find Defendants liable on Plaintiff’s claims in Phase One, the Court would inevitably order Defendants to produce financial evidence for Phase Two.

The motion for financial discovery is GRANTED.

Plaintiff provides copies of the proposed discovery requests.  (Motion, Exs. P-Q.)  Plaintiff is ordered to immediately serve these requests on Defendants.  Defendants are ordered to provide complete responses within 14 days of receipt.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 19th day of March 2024