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LUETER v. STATE OF CALIFORNIA

No. C032952.

115 Cal.Rptr.2d 68 (2002)

94 Cal.App.4th 1285

Cleo LUETER et al., Cross-Complainants and Appellants, v. STATE OF CALIFORNIA et al., Cross-Defendants and Appellants.

Court of Appeals of California, Third District.

January 3, 2002.

Attorney(s) appearing for the Case

Altemus & Wagner and Stewart C. Altemus, Redding, for Cross-Complainants and Appellants.

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Darryl L. Doke, Lead Supervising Deputy Attorney General, Thomas D. McCrackin, Supervising Deputy Attorney General, Alberto L. Gonzalez, Deputy Attorney General, for Cross-Defendants and Appellants.

SCOTLAND, P.J.

Having prevailed at trial on a tort claim of negligent spoliation of evidence, cross-complainants (hereafter plaintiffs) respond to the appeal of cross-defendants (hereafter defendants) by asserting that "negligent spoliation is alive and well in the Third [Appellate] District." (Citing Johnson v. United Services Automobile Assn. (1998) 67 Cal.App.4th 626<...

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