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P1110 A trial court's finding under Civil Code section 3295 that there was a substantial probability (i.e., it was very likely) that plaintiffs would prevail in punitive damages claims against a defendant was merely a discovery order, not a determination on the merits, and therefore does not preclude consideration of a motion for summary judgment made by the same defendant in a different action by a different plaintiff based on similar facts and theory.CitationHILTON K v GREENBAUM (Molestation Preclusion) 144 CA4 1406 [See: CivC 3295; Jabro v Superior Court 95 CA4 754, P/AT 3/02]
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