Church

Filed 3/27/13 Church v. Marshalls of CA CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SILVIA CHURCH, D059335

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2008-00072757-

CU-PO-SC)

MARSHALLS OF CA, LLC,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ronald

L. Styn, Judge. Affirmed.

Defendant Marshalls of CA, LLC (Marshalls) appeals a judgment entered in

favor of Silvia Church in this slip and fall case. Marshalls asserts the trial court erred

by (1) admitting into evidence photographs taken over three years after Church's

accident and (2) instructing the jury with CACI No. 204 regarding the intentional

concealment or destruction of…