Breaking Barriers to Justice
in advance streamlines post-verdict discovery. If the defendant refuses to designate a PMK, that refusal itself becomes evidence of obstruction relevant to the waiver analysis.
Steven’s Strategies for Collecting Financial Evidence
Conclusion: You Can Fill the Empty Chair
Establish the Record Early: The § 3295(c) Motion
California punitive damages law balances privacy protections and accountability. That balance should not bend to defendants who hide behind procedural gamesmanship, jurisdictional smokescreens, or outright defiance of court orders. The cases stand clear: trial courts possess broad discretion to order financial disclosure following liability determinations, and defendants who refuse to comply waive their right to complain about the resulting evidentiary gaps. The Amoco decision’s extension to out-of-state document production deserves challenge as inconsistent with the plain language of Code of Civil Procedure § 1987.3. Colonial Life discovery provides alternative pathways to financial information. And creative deployment of public sources, expert assistance, and contingent subpoenas ensures that plaintiffs arrive at the punitive phase with evidence to present. When the jury performs its constitutional duty and finds malice, fraud, or oppression by clear and convincing evidence an empty chair in phase two should not shield that defendant if you have aggressively prepared. California law gives you the tools to battle the defendant’s strategic obfuscation. Use them.
Public Sources: What You Need Not Subpoena
Think Beyond Net Worth: Profits and Ability to Pay
Subpoena Early, Even Without Pretrial Discovery
Engage Valuation Experts Early
Leverage Colonial Life Discovery for Indirect Financial Evidence
The Post-Verdict Continuance
Federal Court Differences
The Profits Alternative
The PMK Deposition: Pinning Down the Custodian
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Consumer Attorneys of California
FORUM July/August 2026
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