Court of Appeal rejects effort to assert fraud claim on the basis of alleged spoliation of evidence
March 26, 2007
Goldsmith v. Superior Court; Lee (2007) 2007 Cal.App. Unpub. LEXIS 2370 (California Court of Appeal, Second District, Division 4) [unpublished]. The trial court allowed the plaintiff in this medical malpractice action to base a cause of action for fraud and punitive damages on her claim that GMSR's client had altered her medical records. Barbara Perry and Marty Stein obtained a writ of mandate vacating the order. The Court of Appeal held that Cedars Sinai Medical Center v. Superior Court (1998) 18 Cal. 4th 1 precludes all tort claims based on alleged spoliation of evidence, rejecting the plaintiff's effort to avoid this rule by attempting to frame the claim as one for fraud.
Barbara Springer Perry
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