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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I want a sample letter to send to Defendant counsel - to Advise

Resolved Question:

I want a sample letter to send to Defendant counsel - to Advise that I want them to Preserve evidence (Film) That I requested 6 months agao. NOW I'VE SENT OUT A nOTICE TO pRODUCE ,,, AND i WANT TO STATE THEIR DUTY TO PRESERVE THE FILM...
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Before I write the language for your letter, let me make sure I am on the same page with you.

From your question it appears that you are the Plaintiff in a lawsuit. You said that you sent a "notice to produce" and they have refused to produce it. Did you send the notice in the form of a formal "Request for Productions" under the California rules?

Can you tell me the exact language of the request?

Did the defense respond with a formal written objection to the request?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

No. Prior to filing the Complaint for PI due to a slip & Fall, I asked them for a copy of the Survelance Film in the lobby of the Theater. They responded with 1 Potograph of the plaintiff (me) slipping and falling. Sent that to an expert and he indicated that it appeared that the Photo had been monkeyed with (after I told him what was actually in the lobby) and it seemed to him a little strange. Now at this stage I Sent a Notice to Produce documents and the Film. Last week. They have not said anything. I called and asked if they had received it... and they have been as quite as a church mouse.... said nothing. THE TIME TO RESPOND HAS NOT ARRIVED. HOWEVER, BECAUSE I AM IN PRO PER ... I want to remind them - that THERE IS A DUTY TO PRESERVE EVIDENCE. I know - that the PHOTO THEY SENT - HAS to be totally inconsistant with the actual film.

Expert:  Zachary replied 1 year ago.
Thank you for your response. Here is my recommendation on the letter:

Counsel's Address

Re: [Case Title, Cause Number, and Court]

Dear Counsel:

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,
[Your name]


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.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thank you Counselor - for the time and energy invested in the appropiate and compreshensive expression of the insightful letter. Thank you.

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