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SMITH v. SUPERIOR COURT

Docket No. 69084.

151 Cal.App.3d 491 (1984)

198 Cal. Rptr. 829

PHYLLIS SMITH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ABBOTT FORD, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

January 31, 1984.

Attorney(s) appearing for the Case

COUNSEL

Murphy, Thornton, Hinerfeld & Elson, Robert E. Hinerfeld, Timothy M. Thornton and John T. Thornton for Petitioners.

No appearance for Respondent.

Shield & Smith and Dennis J. Walsh for Real Party in Interest.

OPINION

KLEIN, P.J.

Phyllis and Jay Smith (the Smiths) petitioned this court for a writ of mandate, seeking relief from the sustaining of the demurrer of Abbott Ford, Inc. (Abbott Ford), real party in interest, to one crucial cause of action without leave to amend.1

(1a) Because we conclude that the eighth count stated a cause of action for intentional spoliation of evidence, significantly...

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