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Asked 9 months ago - Los Angeles, CA
FlagA woman was falsely accused of a hit and run. Tape does not show a hit and run. it shows a woman being detained, given a parking ticket, and then allowed to leave. The extreme angle of the tape makes it seem like there could have been contact. All other video was deleted. An argument which allegedly occurred was also deleted. Other video would not have shown any contact between cars at all. Is this kind of tampering forseeable? I think so in the age of Youtube, but I am not aware of any cases which address these issues.
There is an affirmative duty imposed upon defendants to preserve all relevant evidence in anticipation of litigation. See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223. In most cases, the day this duty arises the day of the injury causing event.
For other cases dealing with the altering or destruction of evidence see: Stephen Slesing, Inc. v. Walt Disney Co., (2007) 155 Cal.App.4th 736; Vallbona v. Springer, (1996) 43 Cal.App.4th 1525 and Karz v. Karl, (1982) 137 Cal.App.3d 637.
Of course there's not much you can do until a lawsuit has been filed, but if a defendant has tampered with, withheld or done the unthinkable and destroyed relevant evidence, then there are certain actions that can be taken against them. Also, you would have to be able to prove that the tapes have been tampered with. A mere allegation unsupported by proof will not justify any sanctions imposed by the Court.
Happens all the time, but luckily there is a "spoliation of evidence" inference.
The answer does not create an attorney-client relationship and is for informational purposes only.
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