CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......Civil Sanctions and Remedies
7 Cards On This Topic:

D properly ordered to pay Ps' costs in organizing voluminous documents D produced in a thoroughly disordered condition.

D seeking discovery sanctions based on spoliation must make prima facie showing that P destroyed evidence with substantial probability of damaging D's ability to establish essential element of his defense.

Terminating sanctions appropriate for discovery abuse where D willfully failed to comply, P prejudiced, and sanctions neither excessive nor punitive.

Based on newly discovered evidence that D hid crucial documents from Ps and misled trial court, court should have granted new trial and had duty to order sanctions.

Proponent of suppressed or spoliated evidence should be entitled to instruction re meaning of suppression.

Court may impose monetary sanctions and "ultimate" sanctions of default and dismissal of action on party destroying records who had reason to know they were relevant to action.

Party who settled earlier federal litigation believing evidence did not exist may initiate state common law damages suit against party who allegedly withheld evidence and party's attorney.