Article 3. Exemplary Damages - California Civil Code Section 3295

3295.  (a) The court may, for good cause, grant any defendant a
protective order requiring the plaintiff to produce evidence of a
prima facie case of liability for damages pursuant to Section 3294,
prior to the introduction of evidence of:
   (1) The profits the defendant has gained by virtue of the wrongful
course of conduct of the nature and type shown by the evidence.
   (2) The financial condition of the defendant.
   (b) Nothing in this section shall prohibit the introduction of
prima facie evidence to establish a case for damages pursuant to
Section 3294.
   (c) No pretrial discovery by the plaintiff shall be permitted with
respect to the evidence referred to in paragraphs (1) and (2) of
subdivision (a) unless the court enters an order permitting such
discovery pursuant to this subdivision. However, the plaintiff may
subpoena documents or witnesses to be available at the trial for the
purpose of establishing the profits or financial condition referred
to in subdivision (a), and the defendant may be required to identify
documents in the defendant's possession which are relevant and
admissible for that purpose and the witnesses employed by or related
to the defendant who would be most competent to testify to those
facts. 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. Such order shall not be considered to be a
determination on the merits of the claim or any defense thereto and
shall not be given in evidence or referred to at the trial.
   (d) The court shall, on application of any defendant, preclude the
admission of evidence of that defendant's profits or financial
condition until after the trier of fact returns a verdict for
plaintiff awarding actual damages and finds that a defendant is
guilty of malice, oppression, or fraud in accordance with Section
3294. Evidence of profit and financial condition shall be admissible
only as to the defendant or defendants found to be liable to the
plaintiff and to be guilty of malice, oppression, or fraud. Evidence
of profit and financial condition shall be presented to the same
trier of fact that found for the plaintiff and found one or more
defendants guilty of malice, oppression, or fraud.
   (e) No claim for exemplary damages shall state an amount or
   (f) The amendments to this section made by Senate Bill No. 241 of
the 1987-88 Regular Session apply to all actions in which the initial
trial has not commenced prior to January 1, 1988.

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Last modified: February 16, 2015