John

John v. County of Lake

Good Law
United States District Court, Northern District of CaliforniaJuly 3, 20203:18-cv-06935California5,103 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BEVERLY JOHN, et al., Case No. 18-cv-06935-WHA (SK)

Plaintiffs,

ORDER REGARDING MOTION FOR

v. SANCTIONS

COUNTY OF LAKE, et al., Regarding Docket No. 146 Defendants.

Plaintiffs seek an order finding that Defendants and their counsel spoliated evidence and also request that the Court give the jury an instruction that Defendants breached their obligations to provide discovery and that the jury can consider this fact in reaching a verdict (the “adverse inference” instruction). Plaintiffs also seek monetary sanctions for the attorneys’ fees expended in bringing this motion and in seeking additional discovery to file this motion. For the reasons set forth below, the Court finds that Defendants or their counsel breached their obligations to provide discovery and that monetary sanctions are appropriate. The Court also recommends that the District Court provide an adverse inference instruction to the jury at trial. The Court will award…

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