MOTION - SANCTIONS - DISCOVERY FACILITATOR PROGRAM
This is a scooter accident case involving an Amazon van. Plaintiff filed a motion for issue, evidentiary and/or monetary sanctions against Defendants for spoliation of evidence Plaintiff alleges that Defendants knew that there were dash cameras within the subject Amazon van, which was involved in the incident and yet, despite such knowledge and despite an understanding that litigation was reasonably foreseeable, Amazon got rid of the van and assert that no such camera footage exists. Plaintiff further alleges that without the dash camera footage, Plaintiff’s expert cannot provide an accurate reconstruction of the subject collision.
Defendants asserts that this motion is moot because they have located Netradyne video footage. They further assert that Plaintiff’s motion is untimely and procedurally defective. Specifically, they assert that no effort was made to inspect the van until the last minute and that the van is immaterial to the case because it never touched Plaintiff.
The parties were referred to the Discovery Facilitator program and on April 27, 2026, Katrina Corbit was appointed to assist the parties in resolving their dispute. Neither party filed a Declaration of Non-Resolution as required in local rule MCR Civ. 2.13H, and it is unclear what agreements if any, the parties reached. The court shall take the matter of calendar. Either party may place the matter back on calendar by appearing ex parte following the filing of a Declaration of Non-Resolution in conformity with the local rule MCR Civ. 2,13H.
All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or
remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.
The Zoom appearance information for June 2026 is as follows: https://marin-courts-cagov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1 Meeting ID: 161 548 7764 Passcode: 502070
If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov
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