Motion-Secondary: SAUL LOPEZ ET AL VS SHANT ARIS NAZARYAN ET AL

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 11/22/2019 03:54 PM Sherri R. Carter, Executive Officer/Clerk of Court, by G. Perez-Moreno,Deputy Clerk



                      SIAMAK VAZIRI, ESQ. [SBN 242447]
                      MATTHEW M. TAYLOR, ESQ. [SBN 252556]
                      AARON G. MILLER, ESQ. [SBN 279126]
                3     VAZIRI LAW GROUP, APC
                      5757 Wilshire Blvd., Ste. 670
                      Los Angeles, CA 90036
                      Telephone:    (310) 777-7540
                      Facsimile:    (310) 777-0373
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                      Attorneys for Plaintiffs, SAUL LOPEZ and ADELA LOPEZ
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                                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                      FOR THE COUNTY OF LOS ANGELES


                      SAUL LOPEZ and ADELA LOPEZ,                                         )    Case Nos BC678211
                                                                                          )
                                             Plaintiffs,                                  )    PLAINTIFFS'UPPLEMENTAL BRIEF
              12
                                                                                          )    REGARDING DEFENDANTS'OTION IN
                                 vs.                                                      )    LIMINE NO. 5 RE
              13
                                                                                                           OF THE EVENT DATA
                                                                                                                      DEFENDANTS'POLIATION



                                                                                          )
                      SHANT ARIS NAZARYAN; RAZMIK                                         )    RECORDER, AND NO. 7 RE SPEED;
                      NAZARYAN. and DOES 1 to 25 Inclusive,                               )    MEMORANDUM OF POINTS AND
              15                                                                               AUTHORITIES; DECLARATION OF
                                                                                          )
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                                             Defendants.                                  )    MATTHEW TAYLOR
                                                                                          )
                                                                                          )    Filed: October 2, 2017
                                                                                          )    Trial: November 21, 2019
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              28      TO THE HONORABLE COURT:
              21                 At hearing on Motions in Limine on November 21, 2019, the Court requested further
              22      briefing on the sole issue of spoliation in the context of an automobile collision.
              23         I.      DEFENDANTS'POLIATED THE CORVETTE AND ITS EDR


              25

              26      'ivil  Code section 2330 holds, "An agent represents his principal for all purposes within the
                      scope of his actual or ostensible authoritv, and all the rights and liabilities which would accrue to
              27      the agent from transactions within such limit, if thev had been entered into on his own account.
                      accrue to the principal.'* Pursuant to Civil Code 2332. "As against a principal, both principal and
              28      spent are deemed to have notice of whatever either has notice of, and ought, in pood faith and the
                      exercise of ordinary care and diligence, to communicate to the other." Thus, as a matter of law,



                        PLAINTIFFS'UPPLEMENTAL BRIEF REGARDING DEFENDANTS'OTION IN LIMINE NO.                                                  5 RE
                                                                   DEFENDANTS'POLIATION
                                                                    OF THE EVENT DATA RECORDER, AND NO. 7 RE SPEED
                                                                                                I