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PFEIFER v. JOHN CRANE, INC.

No. B232315.

221 Cal.App.4th 866 (2013)

WILLIAM PFEIFER et al., Plaintiffs and Appellants, v. JOHN CRANE, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

November 27, 2013.

Modification of opinion (220 Cal.App.4th 1270; ___ Cal.Rptr.3d ___), upon denial of rehearing.

THE COURT. — IT IS ORDERED that the opinion filed herein on October 29, 2013 be modified as follows, and the petition for rehearing is DENIED:

On page 36, lines 15 and 16 [220 Cal.App.4th 1303, advance report, 2d full par., lines 5-6], delete "subdivision (c) of Civil Code section 3295, which governs pretrial discovery regarding a defendant's financial condition" and substitute: Code of Civil Procedure section 1989, which limits the efficacy of subpoenas to California residents

On page 38, line 23, between the ellipsis "...." and "Upon," [220 Cal.App.4th 1305, advance report, line 3] insert: However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition [of the defendant] ....

On page 39, line 5 [220 Cal.App.4th 1305, advance report, lines 10-11], delete the phrase "motion procedure" and substitute: subpoena and motion procedures

On page 40, lines 19 and 20 [220 Cal.App.4th 1306, advance report, 1st full par., lines 2-3], delete the phrase "motion procedure" and substitute: subpoena and motion procedures

On page 40, line 20 [220 Cal.App.4th 1306, advance report, 1st full par., lines 3-4], delete "As noted in Mike Davidov Co., that procedure was rendered superfluous by" and substitute: Under Mike Davidov Co., the trial court was authorized to order discovery following

On page 41, line 24, following the sentence ending with the word "trial," [220 Cal.App.4th 1307, advance report, line 5 & fn. 11] insert the following footnote: JCI contends that the holding in Mike Davidov Co. renders the subpoena procedure in section 3295 wholly inessential or superfluous. We disagree. For the reasons explained above, in addition to establishing pretrial procedures enabling plaintiffs to ensure the presentation of the requisite evidence at trial, the statute affords the trial court discretionary authority to order discovery after the defendant's liability for an award of punitive damages has been determined at trial.

On page 42, line 10 [220 Cal.App.4th 1307, 1st full par., line 13], delete the phrase "it applied to" and substitute: subdivision (c) precludes the trial court from ordering

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