Babcock

Here we complete a trilogy of cases in which we consider discovery of financial records of people living with ex-spouses.

In In re Marriage of Tapia (1989) 211 Cal.App.3d 628 [ 259 Cal.Rptr. 459 ], we held that contributions by third persons to an ex-spouse’s living expenses should be considered by the trial court in determining the ex-spouse’s ability to pay spousal or child support.

In Harris v. Superior Court (1992) 3 Cal.App.4th 661 [ 4 Cal.Rptr.2d 564 ] we held that Tapia should not be read to allow automatic discovery of the financial records of ex-spouses living with a third person. We held that when such discovery might be appropriate, the trial court should balance the third party’s right of privacy against the ex-spouse’s right to know.

Here we further refine and explain the duties and responsibilities of the court and of parties in those cases in which the judge makes a preliminary determination that discovery is appropriate.

In this writ proceeding we conclude that the proponent of discovery made a sufficient initial showing to overcome the deponent’s privacy interests in her financial records. We conclude, however, that the trial court abused its…