CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......By Defendant
3 Cards On This Topic:

Gun left behind by police and destroyed by D's girlfriend at his request not violation of police duty not to destroy evidence; no police bad faith or known exculpatory value to gun.

UHSD had a duty to preserve video re school sex assault because litigation was reasonably foreseeable when video was erased, and UHSD not shielded by safe-harbor provision of CCP §2023.030(f).

Based on newly discovered evidence that D hid crucial documents from Ps and misled trial court, court should have granted new trial and had duty to order sanctions.