SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
THOMAS HILT, Plaintiff(s), vs. ANDY GUMP, INC., ET AL., Defendant(s).
CASE NO: BC669916
[TENTATIVE] ORDER DENYING MOTION FOR SANCTIONS WITHOUT PREJUDICE
Dept. 3
1:30 p.m.
November 8, 2019
1. Background Facts
Plaintiff, Thomas Hilt filed this action against Defendants, Andy Gump, Inc. and Driver “Ruben” (subsequently identified as Ruben Lopez) for damages arising out of an automobile accident.
2. Motion for Sanctions
At this time, Defendants move for sanctions against Plaintiff, contending Plaintiff’s choice to have surgery prior to a scheduled IME violated court orders and constitutes spoliation of evidence. The following issues are presented by way of the motion:
· Has Plaintiff violated any court order?
· Did Plaintiff’s pre-IME surgeries conduct constitute spoliation of evidence?
· If sanctions are imposed, what specific sanctions are appropriate?
Pursuant to Deyo v. Kilbourne (
Hearing Date
November 08, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
THOMAS HILT, Plaintiff(s), vs. ANDY GUMP, INC., ET AL., Defendant(s).
CASE NO: BC669916
[TENTATIVE] ORDER DENYING MOTION FOR SANCTIONS WITHOUT PREJUDICE
Dept. 3
1:30 p.m.
November 8, 2019
1. Background Facts
Plaintiff, Thomas Hilt filed this action against Defendants, Andy Gump, Inc. and Driver “Ruben” (subsequently identified as Ruben Lopez) for damages arising out of an automobile accident.
2. Motion for Sanctions
At this time, Defendants move for sanctions against Plaintiff, contending Plaintiff’s choice to have surgery prior to a scheduled IME violated court orders and constitutes spoliation of evidence. The following issues are presented by way of the motion:
· Has Plaintiff violated any court order?
· Did Plaintiff’s pre-IME surgeries conduct constitute spoliation of evidence?
· If sanctions are imposed, what specific sanctions are appropriate?
Pursuant to Deyo v. Kilbourne (