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I do not know much about the family code in California, but in Texas where I live he has the right to spank her. In fact I would bet that is the case there also. Getting him ordered to stop by the court would take drastic action. It would require him to be shown to the judge as a danger to the child.
I have served as a full time police officer here in Texas and am fixing to start working part time as a police officer again. I currently work full time in emergency medical services. I tell you that so you can see where I come from on what follows.
I was spanked as a child and feel that is was a vital part of teaching me me right and wrong, but also teaching me real word consequences. My dad had a tempter, but he never spanked me out of anger. He did spank me a few times when he was mad, but not BECAUSE he was mad. And the best I can remember they were not any worse when he was mad. If you think your ex husband would beat your daughter and harm her go to the judge NOW. Notice I say beat, not spank, because there is a huge difference. When I have called and talked with Child Protective Services (CPS) here about the line between abuse and discipline in a case I was investigating the case worker always asked me if there was bruising. If I said yes they would request the photographs of the bruises. My cases always involved very light bruises at most and was never called abuse by CPS. If CPS would not call it abuse the district attorneys office would not prosecute it. Spanking her in public will get them turned in but that will be as far as it goes with no physical harm. But spanking her bare bottom in public my be considered abuse by some judges and depending on the circumstances some jury's. And by public I mean the middle of the store, not the bathroom. Many judges today consider slapping a child on the face abuse.
You could tell him that you do not agree with spanking but ask him that if he thinks he must spank her ask him to follow some rules. Be as civil as you can be and he may just surprise you. Do not tell your daughter the spanking rules. When you are alone ask her if she was spanked and how she was spanked. Then you can judge how your ex is treating your wishes.
Now having said that I spank both of my boys. I have a 7 year old and 4 year old. Spanking has a different effect on each. With my 7 year old spanking is effective discipline. But with my 4 (for two more weeks) year old, not so much. Spanking him just makes him very angry. He don't really cry he just gives you this look that could kill. But grounding him from his hockey stick just destroys him. You got to find what works for each kid.
Sorry so much of this was off topic for your question, but I just would felt bad if I would have not told you.
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