CALVIN BOWSER III VS. WORLDWIDE FLIGHT SERVICES, INC. ET AL

Matter on the LAW AND MOTION / DISCOVERY Calendar for Monday August 24, 2026, line 6, PLAINTIFF CALVIN BOWSER'S Motion For Terminating Sanctions Due To Spoliation Of Evidence

Plaintiff's motion for terminating sanctions or alternatively issue/evidentiary sanctions based on the spoliation of evidence is DENIED. Plaintiff fails to establish willful conduct that would warrant such punitive sanctions. Plaintiff also fails to show prejudice since defendant's employee (Mr. Castro) admits that he returned the loading dock plate prior to the fall. (Diaz Decl., Ex. C [Ex. A].) "Discovery sanctions should be appropriate to the dereliction." (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545 (cleaned up).)

Plaintiff's remedy at trial is to rely on Evidence Code section 413 ["In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party's failure to explain or to deny by his testimony such evidence or facts in the case against him, or his willful suppression of evidence relating thereto, if such be the case."]

Both sides acted with substantial justification so the court does not award monetary sanctions.

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