EVAN WEISSMAN, et al., Plaintiffs, v. milk studios los angeles, llc, Defendant.
Case No.: BC664336
Hearing Date: April 3, 2019
[TENTATIVE] order RE:
PLAINTIFFs’ MOTION FOR SANCTIONS
Plaintiffs Evan Weissman (“Evan”) and Kareena Bioski-Weissman (collectively, “Plaintiffs”) allege Evan suffered serious injuries when a gate fell on him during an event at Defendant Milk Studios Los Angeles, LLC (“Defendant”). Plaintiffs seek issue sanctions, evidentiary sanctions, or an evidentiary presumption against Defendant based on Defendant’s destruction of the gate that fell on Evan. The motion is granted as to an order that the Court will use CACI No. 204 to instruct the jury.
“Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy evidence “in response to a discovery request afte
Hearing Date
April 03, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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EVAN WEISSMAN, et al., Plaintiffs, v. milk studios los angeles, llc, Defendant.
Case No.: BC664336
Hearing Date: April 3, 2019
[TENTATIVE] order RE:
PLAINTIFFs’ MOTION FOR SANCTIONS
Plaintiffs Evan Weissman (“Evan”) and Kareena Bioski-Weissman (collectively, “Plaintiffs”) allege Evan suffered serious injuries when a gate fell on him during an event at Defendant Milk Studios Los Angeles, LLC (“Defendant”). Plaintiffs seek issue sanctions, evidentiary sanctions, or an evidentiary presumption against Defendant based on Defendant’s destruction of the gate that fell on Evan. The motion is granted as to an order that the Court will use CACI No. 204 to instruct the jury.
“Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy evidence “in response to a discovery request afte