Walsh

—Stanley Walsh, M.D., and Southwestern Corporation Medical Group, a corporation, appeal from the dismissal of their cross-complaint for spoliation of evidence following the sustaining of a demurrer without leave to amend.

Appellants are defendants in an action for wrongful death arising from alleged medical malpractice. The wrongful death complaint was filed by respondent Francis Caidin, surviving spouse of decedent Stanley R. Caidin. The wrongful death complaint alleged that prior to his death on July 16, 1989, decedent was under the care of appellants (and other health care providers who are not parties to this appeal). It alleged that decedent died as a proximate result of negligent treatment by appellants and others.

Appellants filed a cross-complaint against Francis Caidin and her attorney, respondent David Drexler, for “1. Spoliation of Evidence; 2. Conspiracy to Destroy Evidence; [and] 3. Interference with Prospective Economic Advantage.” Appellants alleged that the cremation of Stanley Caidin’s body, despite a prior request by appellants for an autopsy, deprived appellants of evidence of the cause of death. Appellants claimed that respondents owed appellants a…