What evidence would be available to support a claim brought by an opposing party in a separate action?

Real parties argue, however, that the evidence which they seek through discovery would not be offered to prove petitioner's liability for loss or damage. Rather, they wish to prove that the earlier action was not brought without probable cause or initiated with malice (Iram Enterprises v. Veditz (1981) 126 Cal.App.3d 603, 607, 179 Cal.Rptr. 1), by demonstrating through evidence of a settlement offer that petitioner recognized the validity of their claim in the earlier action.