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FARMERS INS. EXCHANGE v. SUPERIOR COURT

No. E025975.

95 Cal.Rptr.2d 51 (2000)

79 Cal.App.4th 1400

FARMERS INSURANCE EXCHANGE, Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; Dul HAN, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

Rehearing Denied May 16, 2000.

Review Denied July 26, 2000.

Attorney(s) appearing for the Case

Chapin Fleming McNitt Shea & Carter, Jeffrey J. Leist, Craig H. Bell and Howard Smith, San Diego, for Petitioner.

No Appearance for Respondent.

Robert J. Filippi and Robert J. Filippi, Jr., San Jose, for Real Party in Interest.

OPINION

RICHLI, J.

A tort cause of action for negligent spoliation of evidence cannot be maintained. We believe that this conclusion follows inexorably from two recent decisions from our Supreme Court: Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 74 Cal.Rptr.2d 248, 954 P.2d 511 (Cedars-Sinai), holding...

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