In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil Code at the arbitration, unless the court enters an order permitting pretrial discovery of that evidence pursuant to subdivision (c) of Section 3295 of the Civil Code.
§ 1141.19.5.Pretrial Discovery
Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Last amended 1995 · Last verified July 29, 2026
In one sentenceSection 1141.19.5 bars any party from forcing production, at a judicial arbitration hearing, of a defendant's financial-condition evidence otherwise reserved for punitive-damages proceedings under Civil Code § 3295(a), unless the court has entered an order permitting that evidence's pretrial discovery under Civil Code § 3295(c).
Full Text of § 1141.19.5
Plain-English Summary
Civil Code § 3295 protects a defendant's financial records from routine discovery in a punitive-damages case, releasing that evidence only once liability for punitive damages has been established, unless the court orders earlier discovery for good cause. Section 1141.19.5 makes sure a judicial arbitration hearing can't be used to sidestep that protection.
Under this section, no party in an arbitration proceeding under this chapter can require production of the evidence described in Civil Code § 3295(a), evidence of a defendant's profits or financial condition, unless the court has already entered an order under § 3295(c) permitting its pretrial discovery. Without that order, the arbitration hearing proceeds without it, the same as a civil trial would.
Frequently Asked Questions
Can a plaintiff obtain a defendant's financial records at a judicial arbitration hearing?
Not automatically. Section 1141.19.5 blocks that unless the court has already entered an order under Civil Code § 3295(c) allowing pretrial discovery of that evidence.
Why does this protection exist?
It carries into arbitration the same limits Civil Code § 3295 places on discovering a defendant's financial-condition evidence in a punitive-damages case, preventing arbitration from becoming a way around those limits.
What evidence does this section cover?
The evidence described in Civil Code § 3295(a), which addresses a defendant's profits and financial condition relevant to punitive damages.
Amendment History
Amended by Stats. 1994, Ch. 327, Sec. 1. Effective January 1, 1995.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: punitive damages discovery arbitration californiacivil code 3295 arbitration