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Hernandez v. Garcetti12/14/1998
discovered the sale. But it was not reasonable for counsel to assume that the accrual of the spoliation claim occurred later than the date of discovery, and hinged on when he subjectively determined that sufficient efforts had been made to locate the car after he learned of its sale. The trial court properly concluded that Roth's mistake of law was unreasonable under the circumstances.
Finally, the trial court did not abuse its discretion in finding that appellant failed to act diligently in pursuing her spoliation claim, and thus could not prove excusable neglect. While her attorney attempted to locate the car soon after being retained, and apparently continued with this effort after discovering that it had been sold by ATS, these actions only tend to show diligence in prosecuting the product liability claim against Ford Motor Company. We are concerned here with actions to perfect the spoliation claim against the District Attorney. There is no evidence that counsel took any steps in this regard between the date that he learned the car had been sold, and the filing of the claim on July 2, 1997.
The judgment is affirmed. Costs are awarded to respondent.
CERTIFIED FOR PUBLICATION.
We concur: STONE, P.J. & YEGAN, J.
Enrique Romero, Judge Superior Court County of Los Angeles
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