Coprich
Coprich v. Superior Court
Opinion
Opinion
Kern and Wooley, Susan T. Olson, Los Angeles, and Melodee A. Yee, for Real Party in Interest Liberty Mutual Insurance Company.
Yoka & Smith, Walter M. Yoka and David T. McCann, Los Angeles, for Real Party in Interest Board Ford, Inc.
CROSKEY, Acting P.J.
Plaintiffs Chantal Coprich and Jeffrey J. Coprich, Jr., through Chantal Coprich as his guardian ad litem, challenge an order granting judgment on the pleadings in favor of defendants Liberty Mutual Insurance Company (Liberty Mutual) and Board Ford, Inc. (Board Ford), against a cause of action for negligent spoliation of evidence. The claim arises from the destruction of an automobile that was involved in a fatal accident. Plaintiffs contend Johnson v. United Services Automobile Assn. (1998) 67 Cal. App.4th 626 , 79 Cal.Rptr.2d 234 and other appellate court opinions recognize a cause of action for negligent spoliation and are not inconsistent with recent opinions by the Supreme Court in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 , 74 Cal.Rptr.2d 248 , 954 P.2d 511 (Cedars-Sinai) and Temple Community Hospital v. Superior Court (1999) 20 Cal.4th 464 , 84 Cal. Rptr.2d 852 , 976 P.2d 223 (Temple Community) .…