This case was last updated from Los Angeles County Superior Courts on 07/01/2020 at 05:32:38 (UTC).

TIANYI ZHAO VS XIONG ZHANG

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7749

  • Filing Date:

    05/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

ZHAO TIANYI

Defendants and Respondents

ZHANG XIONG

DOES 1 THROUGH 25 INCLUSIVE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CHEN KELLY Y. ESQ.

CHEN KELLY YUNG-HUA ESQ.

Defendant and Respondent Attorney

LAW OFFICES OF JEFFREY F. SKLAN

 

Court Documents

Objection - OBJECTION PLAINTIFF'S OBJECTIONS TO EVIDENCE

2/28/2020: Objection - OBJECTION PLAINTIFF'S OBJECTIONS TO EVIDENCE

Supplemental Declaration - SUPPLEMENTAL DECLARATION OF KELLY CHEN

2/28/2020: Supplemental Declaration - SUPPLEMENTAL DECLARATION OF KELLY CHEN

Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF DEFENDANT XIONG ZHANG UNDER CIVIL CODE 3295(C)

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)

Declaration - DECLARATION DECLARATION OF JEFFREY F. SKLAN IN SUPPORT OF OPPOSITION

2/24/2020: Declaration - DECLARATION DECLARATION OF JEFFREY F. SKLAN IN SUPPORT OF OPPOSITION

Opposition - OPPOSITION OPPOSITION TO ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF XIONG ZHANG

2/24/2020: Opposition - OPPOSITION OPPOSITION TO ORDER PERMITTING DISCOVERY OF FINANCIAL CONDITION OF XIONG ZHANG

Exhibit List

2/25/2020: Exhibit List

Declaration - DECLARATION DECLARATION OF KELLY CHEN

2/10/2020: Declaration - DECLARATION DECLARATION OF KELLY CHEN

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: 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

Declaration - DECLARATION DECLARATION OF MIAOMIAO LIU

2/10/2020: Declaration - DECLARATION DECLARATION OF MIAOMIAO LIU

Motion for Order - MOTION FOR ORDER MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS AS ADMITTED

11/21/2019: Motion for Order - MOTION FOR ORDER MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS AS ADMITTED

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

11/21/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

[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

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

Memorandum of Points & Authorities

12/21/2018: Memorandum of Points & Authorities

Motion to Compel - Motion to Compel Plaintiff's Deposition and Production of Documents

12/21/2018: Motion to Compel - Motion to Compel Plaintiff's Deposition and Production of Documents

Minute Order - Minute Order (Informal Discovery Conference (IDC))

12/11/2018: Minute Order - Minute Order (Informal Discovery Conference (IDC))

Notice - Notice of Taking Motion to Compel Plaintiff's Deposition and Production of Documents at Deposition Off Calendar

12/28/2018: Notice - Notice of Taking Motion to Compel Plaintiff's Deposition and Production of Documents at Deposition Off Calendar

DEFENDANT XIONG ZHANGS ANSWER TO UNVERIFIED COMPLAINT

6/29/2018: DEFENDANT XIONG ZHANGS ANSWER TO UNVERIFIED COMPLAINT

CoverSheet -

5/29/2018: CoverSheet -

28 More Documents Available

 

Docket Entries

  • 10/08/2020
  • 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)

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  • 04/20/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/06/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 03/30/2020
  • Docketat 08:30 AM in Department 5; Jury Trial - Not Held - Continued - Stipulation

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  • 03/23/2020
  • Docketat 11:43 AM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 03/23/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Quash (Motion to Quash Subpoena)

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  • 03/23/2020
  • DocketCertificate of Mailing for ((Court Order re: notice of settlement) of 03/23/2020); Filed by Clerk

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  • 03/23/2020
  • DocketNotice of Settlement; Filed by Tianyi Zhao (Plaintiff)

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  • 03/23/2020
  • DocketMinute Order ( (Court Order re: notice of settlement)); Filed by Clerk

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  • 03/16/2020
  • Docketat 10:00 AM in Department 5; Final Status Conference - Not Held - Continued - Stipulation

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40 More Docket Entries
  • 12/11/2018
  • DocketInformal Discovery Conference Form for Personal Injury Courts (- Not Resolved)

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  • 12/11/2018
  • DocketMinute Order ((Informal Discovery Conference (IDC))); Filed by Clerk

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  • 06/29/2018
  • DocketDEFENDANT XIONG ZHANGS ANSWER TO UNVERIFIED COMPLAINT

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  • 06/29/2018
  • DocketAnswer; Filed by Xiong Zhang (Defendant)

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  • 05/31/2018
  • DocketProof-Service/Summons; Filed by Tianyi Zhao (Plaintiff)

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  • 05/31/2018
  • DocketProof of Service of Summons and Complaint

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  • 05/29/2018
  • DocketCivil Case Cover Sheet

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  • 05/29/2018
  • DocketSummons; Filed by Tianyi Zhao (Plaintiff)

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  • 05/29/2018
  • DocketComplaint; Filed by Tianyi Zhao (Plaintiff)

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  • 05/29/2018
  • DocketComplaint

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Tentative Rulings

Case Number: BC707749    Hearing Date: March 09, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

tianyi zhao,

Plaintiff,

v.

xiong zhang,

Defendant.

Case No.: BC707749

Hearing Date: March 9, 2020

[TENTATIVE] order RE:

Motion for order permitting discovery of defendant’s financial condition

BACKGROUND

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.

LEGAL STANDARD

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.) 

DISCUSSION

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