In Kerner v. Superior Court (2012) 206 Cal.App.4th 84, the Court of Appeal determined that the trial court erred in granting the motion for pretrial discovery regarding financial information because the plaintiff did not have a substantial probability of prevailing on his claim for punitive damages. The punitive damage claim was based on the defendants' efforts to encourage the city attorney to prosecute the plaintiff for domestic violence. Those acts were privileged under Civil Code section 47, subdivision (b), therefore the trial court erred in considering them in support of its finding that there was a substantial probability that the plaintiff would prevail on his claim for punitive damages. (Kerner, supra, 206 Cal.App.4th at pp. 121-122.)