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 (