Mahboob

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 3 Beheshta MAHBOOB, on behalf of Case No.: 15-cv-0628-TWR-AGS herself and all others similarly situated, REPORT AND RECOMMENDATION

ON PLAINTIFF’S SANCTIONS

Plaintiffs,

MOTION FOR EVIDENCE

v. SPOLIATION (ECF 183)

EDUCATIONAL CREDIT

MANAGEMENT CORPORATION,

Defendant.

11 Plaintiff moves for sanctions, claiming that defendant destroyed relevant call data and recordings. The question is whether defendant’s actions constitute spoliation and, if so, what sanctions are appropriate. BACKGROUND Defendant Educational Credit Management Company purportedly recorded incoming phone calls without consent. (ECF 153, at 2.) Plaintiff Beheshta Mahboob maintains that during the class period, a caller put on hold for less than four seconds would miss the automated warning that ECMC was recording the call, violating the California Invasion of Privacy Act. (ECF…