Categories : Legal Ethics
Recent Decision Confirms Importance of Ensuring Preservation of Evidence
By Andrew Servias
In a lawsuit against a School District involving a sexual assault, a video potentially relevant to the litigation was not preserved by the defendant. As a result, the plaintiff sought terminating sanctions. The trial court granted evidentiary, issue, and monetary sanctions, but refused terminating sanctions relying on an exception in Code of Civil Procedure section 2023.030 (f)(1) which provides that: