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California Civil Procedure, Keyed to Levine, 6th Ed.
Jabro v. Superior Court
Citation:
95 Cal. App. 4th 754, 115 Cal. Rptr. 2d 843 (2002)Facts
William Hill filed suit against Hikmat Jabro and Saad Matti arising from an altercation outside Jabro’s convenience store. Hill alleged that Matti physically assaulted him with racial slurs while Jabro encouraged the attack, causing serious injuries. Hill’s complaint included a claim for punitive damages. After discovery, Hill moved for an order under Civil Code section 3295(c) to obtain disclosure of the defendants’ financial condition. The trial court initially suggested the parties stipulate to a procedure where defendants would gather financial documents under seal for immediate availability if the jury found malice, oppression, or fraud. While Jabro and Matti agreed to this compromise, Hill refused. The court then granted Hill’s motion, concluding he needed only to present a prima facie case sufficient to avoid summary judgment on punitive damages, without weighing evidence from both sides.
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