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CA SB1334

Bill

Status

Introduced

2/21/2020

Primary Sponsor

Ling Ling Chang

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Authorizes courts to permit discovery of defendant's financial condition and profits when defendant has transferred assets recoverable under the Uniform Voidable Transactions Act, removed or concealed a majority of assets, absconded, or is domiciled offshore without intention to return.

  • Allows courts to enter orders permitting discovery of financial condition and profits evidence if plaintiff shows substantial probability of prevailing on exemplary and punitive damages claims, Uniform Voidable Transactions Act claims, or other equitable relief claims.

  • Permits courts to consider documentary evidence and oral testimony at hearings to permit otherwise prohibited discovery and authorizes courts to expedite hearings upon showing of exigency.

  • Clarifies that discovery orders are not determinations on the merits and cannot be admitted at trial, except in prosecutions under the Uniform Voidable Transactions Act.

  • Protects plaintiff's right to file actions under the Uniform Voidable Transactions Act at any time permitted by law, regardless of discovery restrictions.

Legislative Description

Civil damages: protective order.

Last Action

Referred to Com. on JUD.

3/12/2020

Committee Referrals

Judiciary3/12/2020
Rules2/21/2020

Full Bill Text

No bill text available