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Firm Profile

Destruction of ESI

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Victor Valley Union High Sch. Dist. v. Superior Court, No. E078673, 2022 Cal. App. LEXIS 1043 (Ct. App. Dec. 22, 2022)

Under CCP 2023.030(f), a party cannot be sanctioned for destruction of ESI if the evidence was lost before the party that possessed or controlled it became  objectively aware the evidence was relevant to reasonably foreseeable future litigation, meaning the future litigation was probable or likely to arise from an event, and not merely when litigation was a remote possibility.  Here,… Read More