Thank you for your response. Here is my recommendation on the letter:
Re: [Case Title
, Cause Number, and Court]
I am writing regarding the my recent request for production in the above-referenced litigation
Specifically, I sent you a written request for the production of the surveillance video tape from the lobby of the Theater on the date of the incident forming the basis of this litigate. Prior to filing this litigation, I put you on direct notice that this piece of evidence was at issue and should be preserved. Further, the fact that I was injured in the slip and fall which occurred in the lobby of your theater should have put you on notice that litigation was probable.
The intentional or negligent concealment, alteration or failure to preserve this film, which you should have reasonably known would be relevant to the issues or subject matter of the litigation at bar, would expose you and your client to sanctions in this litigation. This film is central to this lawsuit and if you do not produce it I will file a spoliation motion with the court and seek punitive sanctions in addition to a negative evidentiary inference.
I expect that you will produce this film pursuant to my request for production and want to give you fair warning that if you do not produce this film, I will immediately file motions with the court seeking appropriate sanctions.
Please feel free to contact me to discuss this matter further.
Very truly yours,
For your use, there is a memo on the following page which summarizes California law on spoliation (the destruction of evidence).http://california-discovery-law.com/spoliation.pdf
Please let me know if you have further questions on this matter.