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JABRO v. SUPERIOR COURT

No. D038757.

115 Cal.Rptr.2d 843 (2002)

95 Cal.App.4th 754

Hikmat JABRO et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; William Hill, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 28, 2002.

Attorney(s) appearing for the Case

Gordon & Rees, Kenneth S. Perri and Jan K. Buddingh, Jr., San Diego, for Petitioners.

No appearance for Respondent.

Fagan & Fagan, Craig P. Fagan and Stuart E. Fagan, San Diego, for Real Party in Interest.

McINTYRE, J.

We hold here that before a trial court may enter an order allowing discovery of financial condition information under Civil Code section 3295, subdivision (c) (all statutory references are to the Civil Code unless otherwise specified), it must (1) weigh the evidence presented by both sides, and (2) make a finding that it is very likely the plaintiff will prevail on his claim for punitive damages.

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