Commercial Litigation and Arbitration

Spoliation — Sanctions in the Form of Extra Discovery Costs Caused by the Spoliation, Including the Cost of the Sanctions Motion

Herson v. City of Richmond, 2014 U.S. App. LEXIS 20467 (9th Cir. Oct. 21, 2014):

4. Finally, the district court did not err in granting the City's motion for sanctions. Courts may impose monetary sanctions in the amount of extra discovery costs caused by spoliation, including the cost of the sanctions motion. Leon v. IDX Sys. Corp., 464 F.3d 951, 961 (9th Cir. 2006). An appellate court [*4]  must not "disturb the district court's choice of sanction" absent a "definite and firm conviction that the district court committed a clear error of judgment." Johnson v. Wells Fargo Home Mortg., Inc., 635 F.3d 401, 422 (9th Cir. 2011) (internal quotation marks omitted). Here, we find no clear error. Neither party claims that the district court applied the wrong law. Further, the Order Re Motion for Sanctions of August 11, 2011, adopted by the district court, shows that the district court carefully examined and weighed the facts of the case in determining Herson's liability and the amount of the sanctions.

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