| 1 CA-CV 25-0239 |
Ariz. Ct. App. |
2025-12-23 |
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Anderson v. Winston
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… e opportunity to challenge authenticity, cross-examine, or assert defenses like spoliation or collateral estoppel.” She asserts, in other words, that the content of Anderson’s motions somehow prevented her from responding to them. ¶22 …
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| 1 CA-CV 22-0626 |
Ariz. Ct. App. |
2023-06-27 |
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Haz-Mat v. Oxnard Commerceplex
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… 14 In November 2020, Haz-Mat moved for partial summary judgment and a spoliation instruction for the landlord’s removal and disposal of the water heater. After oral argument, the superior court denied Haz-Mat’s motion, finding tri …
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| 1 CA-CV 22-0599 |
Ariz. Ct. App. |
2023-06-20 |
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Liberti v. Scottsdale
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… , Liberti alleged four civil causes of action against the City: (1) intentional spoliation of evidence; (2) obstruction of justice; (3) tampering with public records and physical evidence; and (4) abuse of process. The City moved to dismiss …
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| 1 CA-CV 21-0358 |
Ariz. Ct. App. |
2022-09-20 |
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Iglesia v. Brotherhood
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… he dissent’s review of the complaint, we note that the final allegation—that of spoliation—is at least in part contradicted by the emails offered as an attachment to the Church’s Rule 59 motion. AKE admitted it does not electronically prese …
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| 1 CA-CV 21-0504 |
Ariz. Ct. App. |
2022-07-05 |
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Brown v. the Bank of New York
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… n ineffectively counters by accusing Boyd of committing perjury and the Bank of spoliation of evidence because it did not provide her evidence of a bankruptcy bond that never existed. Brown’s briefs offer nothing to support her perjury and …
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| 1 CA-CV 21-0550 |
Ariz. Ct. App. |
2022-07-05 |
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Rucker v. Quiktrip
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… f-operation rule. II. The Court Did Not Abuse Its Discretion in Finding No Spoliation. ¶17 Rucker also challenges the denial of her motion for sanctions for spoliation of evidence. “Spoliation is the destruction or material …
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| 1 CA-CV 21-0431 |
Ariz. Ct. App. |
2022-03-24 |
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Warford v. 99 Cents
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… s Contracts, Inc., 191 Ariz. 247, 250 (App. 1997) (citation omitted). We review spoliation rulings for an abuse of discretion. Id. at 249. ¶11 The undisputed record shows that none of the store’s video cameras were positioned to …
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| 1 CA-CV 20-0449 |
Ariz. Ct. App. |
2021-07-15 |
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Myers, Jr. v. Freed
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… hat Freed not only manufactured and submitted a forged document, but “committed spoliation of evidence” by destroying all notes and records related to the sexual harassment investigation. By failing to properly raise the spoliation of evide …
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| 1 CA-CV 19-0835 |
Ariz. Ct. App. |
2021-01-28 |
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Sanders v. Harris
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… Decision of the Court Sanders’ and Jackson’s intentional spoliation of evidence “because Plaintiffs’ removal of the drywall and insulation destroyed the very evidence that the defendants needed to defend themselves ag …
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| 1 CA-CV 19-0637 |
Ariz. Ct. App. |
2021-01-12 |
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Isles v. College Nannies & Tutors
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… . Isles filed a motion for reconsideration. In a separate filing, she requested spoliation sanctions, asserting that Connely had deleted text messages that were relevant to the litigation. After the court denied the motion for reconsiderati …
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| 1 CA-CV 19-0744 |
Ariz. Ct. App. |
2020-10-06 |
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Navigators v. First Mercury
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… First Mercury’s argument that Wiley had assumed the risk of injury and gave a spoliation instruction because the gym had lost important evidence. Accordingly, the defense focused on disproving damages — especially Wiley’s claim for $2.8 …
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| 1 CA-CR 19-0408-PRPC |
Ariz. Ct. App. |
2020-06-25 |
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State v. MacIas
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… ce by failing to anticipate future developments in the law; (3) the doctrine of spoliation does not relieve a defendant of the obligation to allege a colorable claim of ineffective assistance of counsel; and (4) appellate counsel did not re …
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| 1 CA-CV 18-0692 |
Ariz. Ct. App. |
2020-04-30 |
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Berg v. Weiss & Moy
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… of Plaintiffs’ repeated flouting of their discovery obligations and deliberate spoliation of evidence, and the court’s conclusion that lesser sanctions would be inadequate to remedy the prejudice caused by Plaintiffs’ misconduct. The court …
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| 1 CA-CV 19-0133 |
Ariz. Ct. App. |
2020-01-09 |
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Leland v. Auto Nation
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… vidence, the superior court declined Leland's request for a jury instruction on spoliation of evidence regarding the golf cart from which she fell, finding Leland had not shown the cart was destroyed or otherwise unavailable for inspection. …
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| 1 CA-CV 17-0483 |
Ariz. Ct. App. |
2018-06-21 |
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Koch-Gulloty v. Pascuzzi
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… partial grant of summary judgment, denial of her requested jury instruction on spoliation, denial of her motion for new trial, and jury verdict.1 For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND ¶2 …
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| 1 CA-CV 17-0243 |
Ariz. Ct. App. |
2018-06-05 |
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Shafer v. Walgreen
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… res ipsa loquitur. She also argues the court erred in denying her request for a spoliation instruction. For the following reasons, we affirm the trial court’s judgment. 2 S …
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| 1 CA-JV 15-0420 |
Ariz. Ct. App. |
2016-12-27 |
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Melissa D. v. Dcs
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… eft her counsel with no witnesses. The court committed no error. E. Spoliation ¶29 Mother also contends that evidence that would have shown the children were abused in the Department’s custody was destroyed. Before tr …
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