Penn

BENKE, Acting P.J.

In Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 5 , 74 Cal.Rptr.2d 248 , 954 P.2d 511 ( Cedars-Sinai ), our Supreme Court determined there is no cause of action for intentional spoliation of evidence by a litigation adversary. [1] Although its opinion on the issue was not rendered until after the judgment in this case was entered, its opinion governs our review of the judgment. Accordingly, we must vacate that portion of the judgment which awarded plaintiff and respondent Janet Penn $95,000 for intentional spoliation of video tapes from a surveillance camera controlled by defendant and appellant Prestige Stations, Inc.'s (Prestige). Because, aside from the spoliation of evidence, there was no other basis upon which to award punitive damages, we must also vacate the jury's $500,000 punitive damage award.

On the evening of November 2, 1995, Penn went to a convenience store operated by Prestige. She went to the back of the store to get a soda and milk. After taking a two-liter bottle of soda from a display shelf she took a few steps toward the milk, lost her footing and fell. A store employee who went to assist Penn noticed that water was on…