CEDARS-SINAI MEDICAL CENTER v. SUPERIOR COURT

No. S048596.

74 Cal.Rptr.2d 248 (1998)

18 Cal.4th 1

954 P.2d 511

CEDARS-SINAI MEDICAL CENTER, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Kristopher Schon Bowyer, a Minor, etc., Real Party in Interest.

Supreme Court of California.

May 11, 1998.


Attorney(s) appearing for the Case

O'Flaherty & Belgum, O'Flaherty, Cross, Martinez, Ovando & Hatton and Robert M. Dato, Anaheim, for Petitioner.

Paul N. Halvonik, Berkeley, Fred J. Hiestand, Sacramento, Marcus M. Kaufman, Musick, Peeler & Garrett, R. Joseph De Briyn, Harry W.R. Chamberlain II, Los Angeles, Horvitz & Levy, David S. Ettinger and Julie L. Woods, Encino, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Nathaniel J. Friedman, Los Angeles, Howard Smith, Alik Segal and R. Wayne Patterson for Real Party in Interest.

Ian Herzog, Santa Monica, Douglas Devries, Sacramento, Roland Wrinkle, Woodland Hills, Tony Tanke, Redwood City, Leonard Sacks, Granada Hills, William D. Turley, San Diego, Mary E. Alexander, San Francisco, Bruce Broillet, Santa Monica, Steven J. Kleifield, David Casey, Harvey Levine, David A. Rosen and Robert B. Steinberg, Los Angeles, as Amici Curiae on behalf of Real Party in Interest.


KENNARD, Justice.

Plaintiff, a child injured during birth, alleges that defendant hospital intentionally destroyed evidence relevant to his malpractice action against the hospital. He seeks to bring a separate tort cause of action against defendant hospital for its alleged intentional spoliation—that is, intentional destruction or suppression—of evidence.

The intentional destruction of evidence is a grave affront to the cause of justice and deserves...

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