On 05/29/2018 TIANYI ZHAO filed a Personal Injury - Other Personal Injury lawsuit against XIONG ZHANG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
DOES 1 THROUGH 25 INCLUSIVE
CHEN KELLY Y. ESQ.
CHEN KELLY YUNG-HUA ESQ.
LAW OFFICES OF JEFFREY F. SKLAN
2/28/2020: Objection - OBJECTION PLAINTIFF'S OBJECTIONS TO EVIDENCE
2/28/2020: Supplemental Declaration - SUPPLEMENTAL DECLARATION OF KELLY CHEN
2/28/2020: Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF DEFENDANT XIONG ZHANG UNDER CIVIL CODE 3295(C)
2/24/2020: Declaration - DECLARATION DECLARATION OF JEFFREY F. SKLAN IN SUPPORT OF OPPOSITION
2/24/2020: Opposition - OPPOSITION OPPOSITION TO ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF XIONG ZHANG
2/25/2020: Exhibit List
2/10/2020: Declaration - DECLARATION DECLARATION OF KELLY CHEN
2/10/2020: Notice of Lodging - NOTICE OF LODGING OF EXHIBIT (USB DRIVE) IN SUPPORT OF PLAINTIFFS MOTION FOR AN ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF DEFENDANT XIONG ZHANG
2/10/2020: Declaration - DECLARATION DECLARATION OF MIAOMIAO LIU
11/21/2019: Motion for Order - MOTION FOR ORDER MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS AS ADMITTED
11/21/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
10/11/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO
12/21/2018: Memorandum of Points & Authorities
12/21/2018: Motion to Compel - Motion to Compel Plaintiff's Deposition and Production of Documents
12/11/2018: Minute Order - Minute Order (Informal Discovery Conference (IDC))
12/28/2018: Notice - Notice of Taking Motion to Compel Plaintiff's Deposition and Production of Documents at Deposition Off Calendar
6/29/2018: DEFENDANT XIONG ZHANGS ANSWER TO UNVERIFIED COMPLAINT
5/29/2018: CoverSheet -
Hearing10/08/2020 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)Read MoreRead Less
Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 08:30 AM in Department 5; Jury Trial - Not Held - Continued - StipulationRead MoreRead Less
Docketat 11:43 AM in Department 32, Stephen I. Goorvitch, Presiding; Court OrderRead MoreRead Less
Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Quash (Motion to Quash Subpoena)Read MoreRead Less
DocketCertificate of Mailing for ((Court Order re: notice of settlement) of 03/23/2020); Filed by ClerkRead MoreRead Less
DocketNotice of Settlement; Filed by Tianyi Zhao (Plaintiff)Read MoreRead Less
DocketMinute Order ( (Court Order re: notice of settlement)); Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 5; Final Status Conference - Not Held - Continued - StipulationRead MoreRead Less
DocketInformal Discovery Conference Form for Personal Injury Courts (- Not Resolved)Read MoreRead Less
DocketMinute Order ((Informal Discovery Conference (IDC))); Filed by ClerkRead MoreRead Less
DocketDEFENDANT XIONG ZHANGS ANSWER TO UNVERIFIED COMPLAINTRead MoreRead Less
DocketAnswer; Filed by Xiong Zhang (Defendant)Read MoreRead Less
DocketProof-Service/Summons; Filed by Tianyi Zhao (Plaintiff)Read MoreRead Less
DocketProof of Service of Summons and ComplaintRead MoreRead Less
DocketCivil Case Cover SheetRead MoreRead Less
DocketSummons; Filed by Tianyi Zhao (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by Tianyi Zhao (Plaintiff)Read MoreRead Less
DocketComplaintRead MoreRead Less
Case Number: BC707749 Hearing Date: March 09, 2020 Dept: 32
Case No.: BC707749
Hearing Date: March 9, 2020
[TENTATIVE] order RE:
Motion for order permitting discovery of defendant’s financial condition
Plaintiff Tianyi Zhao (“Plaintiff”) filed this action against Defendant Ziong Zhang (“Defendant”), asserting causes of action for sexual battery, assault, battery, violations of Civil Code section 51.7 and 52.4, and intentional infliction of emotional distress. Plaintiff alleges that Defendant groped her while she was working at a casino at which Defendant was a patron. Now, Plaintiff seeks leave to conduct discovery on Defendant’s financial condition in order to support her prayer for punitive damages. Defendant opposes the motion, which is denied without prejudice.
Pretrial discovery of a defendant’s financial condition is not permitted without leave of court. (Civ. Code, § 3295, subd. (c).) Before granting leave to conduct pretrial discovery of a defendant’s financial condition, the court must find that the plaintiff has advanced evidence to establish a substantial probability of prevailing on the claim for punitive damages. (Id.) The court must weigh the evidence submitted in support of and in opposition to the motion and find that it is “very likely” that the plaintiff will prevail on his or her claim for punitive damages. (Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 758.)
A jury may award punitive damages based on a cause of action for battery. (Lackner v. North (2006) 135 Cal.App.4th 1188, 1212.) The dispositive issue is whether the evidence before the Court suggests that it is “very likely” that Plaintiff will prevail on her claim for punitive damages.
Plaintiff relies upon her own deposition testimony. Plaintiff testified that when she was opening a door for Defendant, he squeezed her buttocks. (Declaration of Kelly Chen, Exh. A, pp. 16-17.) Plaintiff testified that Defendant then turned and smiled at her. (Declaration of Kelly Chen, Exh. A, p. 45.)
Plaintiff also proffers a declaration from Miaomiao Liu (“Liu”), one of Plaintiff’s co-workers. Liu states that she witnessed Defendant’s grabbing Plaintiff. (Declaration of MiaoMiao Liu, ¶ 5.) Specifically, she states as follows:
I saw [Plaintiff] held the door open for these two people while they passed her. I witnessed the second person to enter the room, [Defendant], quickly reach out with his hand and grab [Plaintiff’s] buttocks. [Plaintiff] immediately appeared shocked and upset, while [Defendant] then passed by [Plaintiff]. I witnessed [Plaintiff] then immediately left [sic] the Macau room.
(Id., ¶¶ 5-6.) However, the Court cannot consider this declaration. The declaration states: “This declaration has been translated from English to Mandarin and read aloud to me in Mandarin so that I could confirm the veracity of its contents.” (Id., ¶ 7.) There is no certification from an interpreter verifying that the declaration was translated correctly.
Even if the Court considered Ms. Liu’s declaration, the Court cannot necessarily conclude that it is “very likely” Plaintiff will prevail on the merits, because credibility is the dispositive issue. Moreover, the video does not clearly corroborate Plaintiff’s account. Also, Ms. Liu has not yet been deposed, so it is unclear whether, and to what extent, she could have seen the incident from her vantage point.
Based upon the foregoing, the Court cannot conclude that Plaintiff has satisfied her burden. Nevertheless, this order is without prejudice to Plaintiff re-filing this motion after all of the depositions have been taken.
CONCLUSION AND ORDER
Plaintiff’s motion for discovery on punitive damages is denied without prejudice. Plaintiff shall provide notice and file proof of such with the Court.
DATED: March 9, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court