Legal Question in Civil Litigation in California

You need a lot more than just a complaint seeking punitive damages. A plaintiff is required to obtain a court order to conduct discovery into financial information for purposes of punitive damages. This is obtained by a noticed motion. (Civ. Code, sect. 3295 subd. (c).)

The court will not grant the order unles it finds that there is a substantial probability that the plaintiff will prevail on his claim for punitive damages.

Absent a court order, you are most likely going to draw an objection, that would be sustained on any motion to compel further responses.

You need the court's permission to file an amended complaint if the defendant has already answered, or if it has filed a demurrer on which the court has yet to rule. Getting such permission is usually not difficult, but it can be under some circumstances.

You also need the court's permission before serving discovery about the defendant's financial condition re your claim for punitive damages. The court will only grant permission if it finds �substantial probability� that you will prevail on the punitive damage claim.

Since your claim for punitive damages isn't at issue until the defendant has answered it, I don't think you can seek leave for financial discovery before the answer is filed. I don't know if any case actually says so, though. If you are pressed for time you may want to go ahead and file the motion; the defendant can then argue it is premature if it wants to. That issue may be moot by the time the of the hearing, since the defendant will likely have answered the amended complaint by then.