CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......Spoliation of Evidence
 14 Cards On This Topic:
  • If a party concealed or destroyed evidence, inference may be drawn that evidence was unfavorable.
  • No tort remedy for intentional spoliation by party where spoliation victim knows or should have known of alleged spoliation before trial.
  • No tort cause of action lies for intentional third party spoliation of evidence.
  • Loss or destruction of CHP O's notes I.D.'ing at-fault driver in traffic accident came w/in rule against tort for spoliation of evidence; though O owed P special duty to produce evidence, his actions also protected by govt immunity per GC 821.6.
  • Ps may not sue for spoliation of evidence; Cedars-Sinai given full retroactive effect.
  • Tort cause of action for negligent spoliation of evidence cannot be maintained; judgment on the pleadings on that C/A should have been granted.
  • Cal. Supreme Court's determination there is no cause of action for intentional spoliation of evidence by litigation adversary applies retroactively.
  • As no tort remedy for negligent spoliation, Ps may amend complaint to allege C/A for breach of contractual duty to preserve evidence.
  • SOL for negligent 3d party spoliation accrued on date attorney discovered car had been sold by impound company.
  • Negligent spoliation of evidence by 3d party may be tort cause of action where duty element met.
  • D charged with negligent spoliation has no duty to preserve evidence for P's use against 3d party absent specific request from P to do so.
  • Facts in P's opening statement re spoliation, if proved, would shift burden of proof to D to establish that his negligence did not cause P to lose meritorious claim against Honda.
  • Intentional tort of spoliation of evidence recognized.
  • Tort of negligent destruction of evidence needed for prospective civil litigation recognized.


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