Motion for Sanctions Based on Spoliation of Evidence
The court considered the motion, opposition, reply papers.
Background
On November 13, 2017, plaintiffs Evily Castellanos, Yolanda Medina, Nathan Orozco, Erickson Salas, Leiani Orozco, Aaron Castellanos, Lyndsay Alvarado, and Heily Castellanos filed a complaint against defendants Ernesto Orellana Quinonez and M.T. Towing Systems Inc. for motor vehicle negligence based on an incident that occurred on May 20, 2017.
Trial is set for May 13, 2019.
Discussion
Defendants request terminating and monetary sanctions against plaintiffs based on their failure to preserve and make available for inspection the vehicle they occupied at the time of the alleged accident. In the alternative, defendants seek an order imposing issue, evidentiary, and monetary sanctions against plaintiffs based on the spoliation of the vehicle.
Defendant contends that plaintiffs allege that defendants’ tow truck rear ended the 1997 Nissan Quest minivan occupied by
Hearing Date
December 07, 2018
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Motion for Sanctions Based on Spoliation of Evidence
The court considered the motion, opposition, reply papers.
Background
On November 13, 2017, plaintiffs Evily Castellanos, Yolanda Medina, Nathan Orozco, Erickson Salas, Leiani Orozco, Aaron Castellanos, Lyndsay Alvarado, and Heily Castellanos filed a complaint against defendants Ernesto Orellana Quinonez and M.T. Towing Systems Inc. for motor vehicle negligence based on an incident that occurred on May 20, 2017.
Trial is set for May 13, 2019.
Discussion
Defendants request terminating and monetary sanctions against plaintiffs based on their failure to preserve and make available for inspection the vehicle they occupied at the time of the alleged accident. In the alternative, defendants seek an order imposing issue, evidentiary, and monetary sanctions against plaintiffs based on the spoliation of the vehicle.
Defendant contends that plaintiffs allege that defendants’ tow truck rear ended the 1997 Nissan Quest minivan occupied by