Farmers Insurance Exchange v. Superior Court

A tort cause of action for negligent spoliation of evidence cannot be maintained. We believe that this conclusion follows inexorably from two recent decisions from our Supreme Court: Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 [ 74 Cal.Rptr.2d 248 , 954 P.2d 511 ] (Cedars-Sinai), holding that no tort cause of action lies for first party intentional spoliation of evidence, and Temple Community Hospital v. Superior Court (1999) 20 Cal.4th 464 [ 84 Cal.Rptr.2d 852 , 976 P.2d 223 ] (Temple Community), holding that no tort cause of action will lie against a third party for intentional spoliation of evidence.

We conclude, therefore, that the trial court should have granted defendant Farmers Insurance Exchange’s motion for judgment on the pleadings on a cause of action in which plaintiff Han seeks to hold it liable for negligent spoliation of evidence. We will, therefore, grant the petition for writ of mandate.

I

Factual and Procedural Background

On October 9, 1996, Dul Han was injured in a single vehicle accident on Interstate 15 near Victorville. She was a passenger in the vehicle driven by her brother, Hai Han. Both were insured under a policy issued…