Legal Opinion
Lueter v. State of California
California Court of Appeal
Decided January 3, 2002No. C032952PublishedCited by 27 opinions
1Opinion of the Court
Opinion
SCOTLAND, P. J.
Having prevailed at trial on a tort claim of negligent spoliation of evidence, cross-complainants (hereafter plaintiffs) respond to the appeal of cross-defendants (hereafter defendants) by asserting that “negligent spoliation is alive and well in the Third [Appellate] District.” (Citing Johnson v. United Services Automobile Assn. (1998) 67 Cal.App.4th 626 [79 Cal.Rptr.2d 234] [recognizing a limited cause of action for negligent spoliation of evidence].) Our short answer is, “not any more.”
The evidence at issue was part of a tire tread that came off the wheel of an oil…
2Cases cited24 opinions
- County of Los Angeles v. FausCalifornia Supreme Court · 1957
- Cedars-Sinai Medical Center v. Superior CourtCalifornia Supreme Court · 1998
- South Bay Chevrolet v. General Motors Acceptance Corp.California Court of Appeal · 1999
- People v. La MacChiaCalifornia Supreme Court · 1953
- Frustuck v. City of FairfaxCalifornia Court of Appeal · 1963
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc.California Court of Appeal · 2003
- Elliot v. Spherion Pacific Work, LLCDistrict Court, C.D. California · 2008
- Virtanen v. O'CONNELLCalifornia Court of Appeal · 2006
- Jordan v. City of SacramentoCalifornia Court of Appeal · 2007
- Cooper v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 2009
22 more not listed; retrieve them via the Exa API.