Can a defendant who has failed to comply with an order requiring him to produce his financial records comply with the terms of an order?

California, United States of America


The following excerpt is from Davidov Co. v. Issod, 78 Cal.App.4th 597, 92 Cal.Rptr.2d 897 (Cal. App. 2000):

Here, however, defendant was ordered to produce his financial records so that the trial court could make an evaluation of whether any particular punitive damage award would have the required deterrent effect without being overly burdensome. This order was never rescinded, nor has defendant argued on appeal that it was improper. Therefore, by failing to bring in any records which would reflect his financial condition, despite being ordered to do so, and by failing to challenge that ruling on appeal, defendant has waived any right to complain of the lack of such evidence. (Hansen v. Sunnyside Products, Inc. (1997) 55 Cal.App.4th 1497, 1503, fn. 1.)

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