Torres v. Automobile Club of Southern California

Opinion

BAXTER, J.

Civil Code section 3295, subdivision (d), 1 provides in pertinent part that a court “shall, on application of any defendant, preclude the admission of evidence of that defendant’s profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section ,3294. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or…