featuring summaries of federal and state (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 Sec. Exemplary Damages Section 3295 Universal Citation: CA Civ Code 3295 (through 2012 Leg Sess) (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: CALIFORNIA CIVIL CODE. (b)Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. We will always provide free access to the current law. 241 of the 198788 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988. (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. (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. court opinions. ( 0 customer reviews) 465 625. A. Copied to clipboard (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: Art VII - Ratification. Disclaimer: These codes may not be the most recent version. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3294. Section 3295 California Civil Code Sec. New York Description. (2)The financial condition of the defendant. (f)The amendments to this section made by Senate Bill No. Other State laws relating to prohibitions of . (e) No claim for exemplary damages shall state an amount or amounts. 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 defendants 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. 2017 California Code Civil Code - CIV DIVISION 4 - GENERAL PROVISIONS PART 1 - RELIEF TITLE 2 - COMPENSATORY RELIEF . Through social increasing citizen access. ( 0 customer reviews) 715 950. 1re sect., 20 sept. 2022, n 21/00338 Juridiction : Cour d'appel de Versailles Numro(s): 21/00338 Importance : Indit Dcision prcdente: Tribunal judiciaire de Versailles, 25 novembre 2020, N 18/05752; Dispositif: Confirme la dcision dfre dans toutes ses dispositions, l'gard de toutes les parties au recours (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. 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. New Jersey Part 1 - RELIEF. (2)The financial condition of the defendant. (Harlan Stockman) NC1946 was a DC-3-362, c/n 3295, built in February 1941 for Transcontinental and Western Air by the Douglas Aircraft Company at Santa Monica, California. ' [U]nder Civil Code section 3295, subdivision (c), the plaintiff is allowed, on a proper showing, to 'subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition' of the defendant. . (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 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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) q6wMQ(*H~28\od@VD(bR R0l.@'d |Dd;]"Sc9r@-*qz{1v; o>icGcXX4%S W?F 5{ jy'J)SkE^QqE; t:v]F_F`Tia3o=O^5RZb`Q|Tf+S4,4_ =] 4g`h zZB5>P_f5R"WfT(26gBPN-tDy%qXI,,d3YtPMV9RZErhLgV=WJ+Bysp%.9E&. on the letterhead of the firm, if a firm is appointed [section 60 (4) (a) (ii) and (iii)]; or; on the official letterhead of the close corporation, if a close corporation is appointed [section 60 (4) (a) (iv)]; and that it must be dated not earlier than three months prior to the date of lodgment. Accordingly, we grant the petition in part, deny it in part, and remand the matter with directions for further proceedings. Section 986: Enacted by Chapter 1228, Statutes of 1976. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 3373. Stay up-to-date with how the law affects your life. The Code of Hammurabi is a Babylonian legal text composed c. 1755-1750 BC. 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. The plaintiff may also obtain pretrial discovery of that information.' Disclaimer: These codes may not be the most recent version. (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. (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, . 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. 241 of the 198788 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988. Please check official sources. That is, Section 3295 (c) merely restricts when and how evidence of a defendant's financial condition is obtained. (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. (e)No claim for exemplary damages shall state an amount or amounts. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Included among them are violations of the Mann Act (also known as the White Slave Traffic Act), aimed origi-nally at halting the importation of immigrant prostitutes into the United States., 65 Mann Act violations are the most likely predicate acts for the purposes of a RICO suit, whether criminal or civil, against mail-order 1 66 bride . (Amended by Stats. 4 0 obj Code Regs. California Civil Code Section 3295 CA Civ Code 3295 (2017) (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: 1498, Sec. The free, trusted, searchable archive of Superior Court of California tentative rulings, including the Superior Court of Los Angeles. You're all set! Universal Citation: CA Civ Code 3295 (2019) 3295. (e)No claim for exemplary damages shall state an amount or amounts. (b)Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. California Civil Code 3294 allows civil court judges to award punitive damages if the defendant acted with oppression, fraud or malice. Section 3295. Ohio Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 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. If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per . (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. Pennsylvania 1987, Ch. (BNA) 1219, 98 Cal. 6.). Michigan https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3295. Under section 3295, the plaintiff was prohibited from presenting any evidence of the defendant's financial condition during the first phase of trial. we provide special support of Join thousands of people who receive monthly site updates. [Cobb v. Superior Court (1979) 99 Cal.App.3d 543, 550; Civil Code section 3295(c).] You already receive all suggested Justia Opinion Summary Newsletters. Section 3295, 1987, Ch. 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