MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614404 - August 10, 2026 Hearing date: August 10, 2026 Case number: CGC24614404 Case title: MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL Case Number: | | CGC24614404 | Case Title: | | MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL | Court Date: | | 2026-08-10 09:00 AM | Calendar Matter: | | Motion For Sanctions Against Plaintiffs For Spoliation Of Evidence | Rulings: | | Set for Law and Motion/Discovery Calendar on Monday, August 10, 2026, Line 2.

Defendant Short Story, Inc.'s motion for sanctions against plaintiffs for spoliation of evidence is denied. Short Story's motion lacks merit for at least four reasons, each one sufficient to deny the motion.

First and most consequential, Short Story has not shown that plaintiffs were under any duty to retain the assertedly spoliated documents. Communications among plaintiffs and potential witnesses who have relationships other than relating to the specific allegations of a pending case are common and it is unexceptionable and not sanctionable to delete those communications. Short Story cites no authority that the plaintiffs were required to retain such communications and non-substantive communications about the case such as scheduling matters. Short Story has not shown that plaintiffs ignored or violated any notice sent by it to plaintiffs requesting that any communications among plaintiffs or between plaintiffs and potential witnesses be preserved or that plaintiffs should reasonably have known that they should preserve the assertedly spoiliated documents.

Second, Short Story has not shown that plaintiffs' failure to retain the assertedly spoliated documents was done intentionally to deprive it of evidence or even done recklessly or negligently.

Third, Short Story has not shown that it has suffered any prejudice by the plaintiffs' failure to retain the assertedly spoliated documents. Short Story's contention that it has suffered irreparably by not having "critical" impeachment material is belied its recitation of what it characterizes as plaintiffs' numerous "lies."

Fourth, Short Story acknowledges that the extreme sanctions it seeks are almost always meted out after a party has refused to comply with a prior discovery order and there is no such order here. Without such a prior order, it would be inequitable to impose any of the sanctions sought by Short Story.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.