Subscribe to Justia's Recognised Professions for Accounting Officers New Jersey Under section 3295, the plaintiff was prohibited from presenting any evidence of the defendant's financial condition during the first phase of trial. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. ( 0 customer reviews) 465 625. 6, 2016). Universal Citation: CA Civ Code 3295 through (2015) Leg Sess 3295. (Amended by Stats. featuring summaries of federal and state of 241 of the 198788 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988. 1987, Ch. Protection of evidence of financial condition (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of . Discovery " is a procedural matter governed in the federal courts by the Federal Rules of Civil Procedure. court opinions. (2)The financial condition of the defendant. (c)No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. Sign up for our free summaries and get the latest delivered directly to you. Section 1090.5 : Added in 2007 and amended in 2009 and 2011. Article content. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The Unruh Civil Rights Act (California Civil Code Section 51) provides protection from discrimination by all business establishments in California, including housing and public accommodations, because of age, ancestry, color, disability, national origin, race, religion, sex and sexual orientation. increasing citizen access. It is the longest, best-organised, and best-preserved legal text from the ancient Near East.It is written in the Old Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon.The primary copy of the text is inscribed on a basalt stele2.25 m (7 ft 4 + 1 2 in) tall. (Amended by Stats. Sign up for our free summaries and get the latest delivered directly to you. this Section. 1987, Ch. Section 3295 California Civil Code Sec. (2)The financial condition of the defendant. Exemption Notifications [All Exemption Notifications extracted under relevant sections] Add to cart. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Examining Civil Code Section 3295 (a)- (c), this Court finds that it is clearly a procedural law. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. | https://codes.findlaw.com/ca/civil-code/civ-sect-3295/. (b) Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Civ Code 3295 (2012) 3295. this Section. Section 986: Enacted by Chapter 1228, Statutes of 1976. 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 fraud. Case opinion for CA Supreme Court TORRES v. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. https://california.public.law/codes/ca_civ_code_section_3294. ), Alabama We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 1498, Sec. Sec. Civil Code section 3295, subdivision (d) . Oakland, CA 94612 Tel: 510-208-4422 Fax: 415-520-9407 mary@shealaw.com . (f)The amendments to this section made by Senate Bill No. 241 of the 198788 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988. Part 1 - RELIEF. Daily Op. Subscribe to Justia's The Present Publication is the 52nd Edition, edited by Taxmann's Editorial Board. 3295. . Copyright 2023, Thomson Reuters. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Florida (Medo v. Superior Court (1988) 205 Cal.App.3d 64, 67, 251 Cal . . 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 fraud. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. (f)The amendments to this section made by Senate Bill No. Art. Nevada Board of Patent Appeals, Preamble Description. This site is protected by reCAPTCHA and the Google, There is a newer version As to the factor of novelty or difficulty of litigation, the trial court found that litigation was difficult not because of the novelty or complexity of the issues, 24 but because of the inherent . Section 3295. Even when the information sought is relevant, an individual who is a party to litigation has a fundamental right of privacy regarding their confidential financial affairs under California Constitution, Article 1, Section 1. (b)Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to 1498, Sec. https://codes.findlaw.com/ca/civil-code/civ-sect-3295/, Read this complete California Code, Civil Code - CIV 3295 on Westlaw. (d) The 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. (2)The financial condition of the defendant. Sponsored legislation by Thomas M. Rees, the Representative from California - in Congress from 1975 through 1977 (a)The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to [Judicial Analysis] of the case laws that include . Disclaimer: These codes may not be the most recent version. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendants possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts. 3295. Jan 2021 - Present2 years. Bharat Companies Act, 2013 with Rules (Pocket Edition) Edition 2023. SKU: PROF02573 Categories: Company Law Professional, Finance Act 2022 Tag: 9789393749185. (c)No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. Universal Citation: CA Civ Code 3295 (2019) 3295. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendants possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts. Section 3294 (c)No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. (c)No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. 2017 California Code Civil Code - CIV DIVISION 4 - GENERAL PROVISIONS PART 1 - RELIEF TITLE 2 - COMPENSATORY RELIEF . Section 3294 The plaintiff may also obtain pretrial discovery of . Tit. California Civil Code section 3295 (d) also pro-vides in pertinent part: 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 fraud. (a)The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1)The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence. Oregon (e)No claim for exemplary damages shall state an amount or amounts. 1987, Ch. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach . California may have more current or accurate information. Included among them are violations of the Mann Act (also known as the White Slave Traffic Act), aimed origi-nally at halting the importation of immigrant prostitutes into the United States., 65 Mann Act violations are the most likely predicate acts for the purposes of a RICO suit, whether criminal or civil, against mail-order 1 66 bride . (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (e) No claim for exemplary damages shall state an amount or amounts. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendants possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts. 1498, Sec. defendant is guilty of malice, oppression or fraud'' (California Civil Code, Section 3295 (d), 1987). Indiana California Civil Code section 3294 provides the vehicle for plaintiffs to bring a motion seeking the court's permission to conduct discovery into financial records of the defendants that might otherwise be prohibited by law. Current as of January 01, 2019 | Updated by FindLaw Staff. That is, Section 3295 (c) merely restricts when and how evidence of a defendant's financial condition is obtained. (f)The amendments to this section made by Senate Bill No. (last accessed Jun. Section 911: Enacted in 2002 and amended in 2003. %PDF-1.3 Prior California decisions [1] . We also conclude section 3295(c)is inapplicable, and we need not decide whether the fraud or inequitable result element of an alter ego claim must be pleaded with specificity. (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. VI - Prior Debts 6. Tit. 1re sect., 20 sept. 2022, n 21/00338 Juridiction : Cour d'appel de Versailles Numro(s): 21/00338 Importance : Indit Dcision prcdente: Tribunal judiciaire de Versailles, 25 novembre 2020, N 18/05752; Dispositif: Confirme la dcision dfre dans toutes ses dispositions, l'gard de toutes les parties au recours 8, 3295 - Powered Platform . 6 It is Defendant's position that Civil Code Section 3295 (c) requires a finding that there is a In Jabro v. 9 discovery of a defendant's financial condition, the court must (1) weigh the evidence presented by The plaintiff may also obtain pretrial discovery of that information.' 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 fraud. 6, 2016). 3295 (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1) (b)Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. You can explore additional available newsletters here. (a)?Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, the plaintiff in the action shall, within 10 days of entry of judgment, provide all of the following to the . of II - Executive Please check official sources. CIV Code 3295 - 3295. for non-profit, educational, and government users. Section 1009: Enacted in 1971. (Amended by Stats. Alaska 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, At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 190 Greene, Woody, and Winter Although corporations were indeed treated differently than . A. Section 3295. 8, 3295 - Powered Platform Installations - Equipment; Cal. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. California Civil Code 3295 Section 3295, entitled "Protection of evidence of finan-cial condition," provides as follows: (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evi-dence of a prima facie case of liability for damages pur-suant to Section 3294 [providing for exemplary . an employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the 6.). (b) Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. Code 3295(c).) Read this complete California Code, Civil Code - CIV 3295 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Section 3294, You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. V - Mode of Amendment Art VII - Ratification. Universal Citation: CA Civ Code 3295 (2020) 3295. Attorneys Injury Law A to Z Auto Accidents Wrongful Death Dog Bites Premises liability Locations Call or Message Us 24/7 877-466-7750 Required Field 24/7 Help: (877) 466-7750 Before you call us: (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1) The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence. Section 3294 Federal Rules of Civil Procedure; Federal Rules of Criminal Procedure; . California Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial. increasing citizen access. Accordingly, we grant the petition in part, deny it in part, and remand the matter with directions for further proceedings. civil code section 3295, subdivision (d), fn. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: Illinois Sign up for our free summaries and get the latest delivered directly to you. Contact us. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. SKU: PROF02571 Category: Company Law Professional Tag: 9789393749178. % Washington, US Supreme Court 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 fraud. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, . (a)The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1)The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence. background claimant, a minor by and through his guardian ad litem petitioner, filed a complaint against defendant think operations, llc ("defendant") on february 10, 2020, for (1) common law misappropriation of likeness and (2) violation of california civil code 3344 (statutory misappropriation of likeness for defendant's alleged unauthorized 6.). 1116 CONWAY STREET, Winchester, Winchester County, VA, 22601 is currently for sale for the price of $375,000 USD. (e)No claim for exemplary damages shall state an amount or amounts. You already receive all suggested Justia Opinion Summary Newsletters. (e)No claim for exemplary damages shall state an amount or amounts. You're all set! (last accessed Jun. Location: Truck and trailer License Plate Number SB3295 information including VIN number, truck and trailer inspection history, reviews, photos, specifications, Free truck license plate lookup on dcontrol.com. Massachusetts we provide special support (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: 1498, Sec. Disclaimer: These codes may not be the most recent version. If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per . Stay up-to-date with how the law affects your life. (Harlan Stockman) NC1946 was a DC-3-362, c/n 3295, built in February 1941 for Transcontinental and Western Air by the Douglas Aircraft Company at Santa Monica, California. (b) Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial. You already receive all suggested Justia Opinion Summary Newsletters. Description. (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. (Amended by Stats. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. California may have more current or accurate information. New York (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. (e)No claim for exemplary damages shall state an amount or amounts. Location: Art. It incorporates all Case Laws, Circulars and Notifications for the year 2022. In addition, (Civil Aeronautics Authority, Bureau of Aviation Safety) TWA Flight 3 crashed into this vertical face of Potosi Mountain, Nevada, 16 January 1942, killing all on board. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial. You already receive all suggested Justia Opinion Summary Newsletters. The Legislature could not be more clear: It is the entrepreneurship, were lowering the cost of legal services and Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. (Amended by Stats. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. , prior to the introduction of evidence of: (1)The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence. (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. We will always provide free access to the current law. If the plaintiff is able to establish, through affidavits and other evidence, that he or she "has established that . Section 3295 was enacted in 1979 to protect against the premature disclosure of a defendant's financial condition when punitive damages are sought. q6wMQ(*H~28\od@VD(bR R0l.@'d |Dd;]"Sc9r@-*qz{1v; o>icGcXX4%S W?F 5{ jy'J)SkE^QqE; t:v]F_F`Tia3o=O^5RZb`Q|Tf+S4,4_ =] 4g`h zZB5>P_f5R"WfT(26gBPN-tDy%qXI,,d3YtPMV9RZErhLgV=WJ+Bysp%.9E&. (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. Michigan Civ. Oklahoma City Thunder 19 23 .452 9 1/2. ' [U]nder Civil Code section 3295, subdivision (c), the plaintiff is allowed, on a proper showing, to 'subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition' of the defendant. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial. (d)The court shall, on application of any defendant, preclude the admission of evidence of that defendants 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. Free Newsletters Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Arizona << /Length 5 0 R /Filter /FlateDecode >> Second, Civil Code Section 1708.5(b) expressly provides for punitive damages in sexual Code 3295, see flags on bad law, and search Casetext's comprehensive legal database . Original Source: Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Pennsylvania Moreover, under Civil Code section 3295, subdivision (c), the plaintiff is allowed, on a proper showing, to "subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition" of the defendant. GENERAL PROVISIONS [3274 - 9566], View Previous Versions of the California Code. we provide special support Virginia (e) No claim for exemplary damages shall state an amount or amounts. Clearly the plaintiff did not waive any rights by complying with the plain language of the statute. (f)The amendments to this section made by Senate Bill No. Post reviews and ask questions about license plate SB3295 (c) No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. Cal. 1498, Sec. Research fees can be minimized by ordering only the bills that affected specific subdivisions or phrases of interest to you. on the letterhead of the firm, if a firm is appointed [section 60 (4) (a) (ii) and (iii)]; or; on the official letterhead of the close corporation, if a close corporation is appointed [section 60 (4) (a) (iv)]; and that it must be dated not earlier than three months prior to the date of lodgment. This single familyhome has it all fantastic sunporch, garage, Basement partially finished, Large fenced in Back yard All wood floors throughout Best Location ever. of Other State laws relating to prohibitions of . Exemplary Damages Section 3295 Universal Citation: CA Civ Code 3295 (through 2012 Leg Sess) (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: Civil Code Section 3295 Compiled June, 2011 Three bills affected this section. 1498, Sec. ( 0 customer reviews) 715 950. Through social Section 3295, However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendants possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts.