Temple Community Hospital v. Superior Court

Opinion

GEORGE, C. J.

In Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 [74 Cal.Rptr.2d 248, 954 P.2d 511] (Cedars-Sinai), we concluded that no tort cause of action will lie against a party to litigation for the intentional destruction or suppression of evidence when the spoliation was or should have been discovered before the conclusion of the litigation. This case presents a related issue not resolved in Cedars-Sinai, namely whether a tort cause of action will lie against a person who is not a party in a lawsuit but who intentionally destroys or suppresses evidence that…