In recent years the United States has taken sweeping steps to bring drastic awareness to domestic violence and sexual assault matters. In fact, California has some of the strictest laws associated with sexual assault cases. However, those rights and laws, which are afforded in every state to citizens, are available per court authorization; generally, an experienced lawyer knows the differences in each state.
Specifically, The Game, a west-coast icon and California native, is being accused of sexually assaulting a contestant on his reality show, “She’s Got Game”. The victim, Priscilla Rainey, is suing Game for Ten Million Dollars ($10,000,000) based on a scene at a sports bar within the show. Priscilla Rainey indicates within her lawsuit that Game was “out of control, drunk, and on drugs.” Furthermore, over the course of the evening, Priscilla Rainey also alleges that Game “sexually assaulted me several times,” including allegations of forceful reaching inside Priscilla Rainey’s dress and impressible rubbing of her breasts, vagina, and buttocks.
Recently, Priscilla Rainey’s lawyer requested Game’s financial records, in order to determine his net worth ahead of trial. However, the Judge denied her request, as Priscilla Rainey did not follow procedural rules. Specifically, in California, the general rule is that pretrial discovery of a defendant’s financial condition, although relevant in a punitive damage claims like sexual assault, is prohibited. See Doak v. Superior Court of Los Angeles County (1968) 257 Cal.App.2d 825, 832-834.
Courts have upheld this general rule based upon public policy and the right of privacy arguments. However, this rule does have exceptions and sexual assault cases is one of them. First, procedurally speaking, the order must be obtained by way of a motion. Second, the Plaintiff will have the burden to prove to the court that information requested is “reasonable” to oversee the prohibited rule based on public policy and privacy laws.
Having said that, Google is an excellent place to get information on any Defendant. In fact, individuals are always doing foolish things on their social media and the internet is an absolute goldmine for evidence of a defendant’s financial condition. Thankfully, Priscilla Rainey can refile her request again but her lawyer might want to try a Google search first.
-Mike Falsafi
Senior Vice-President of Business Affairs – Lipton Legal Group, A PC – Beverly Hills, CA
See our inspiration for this story at TMZ: http://www.tmz.com/2016/11/07/the-game-sexual-assault-lawsuit-net-worth/