Legal Question in Real Estate Law in California

A legal bulletin board is not a substitute for law school, to say nothing of legal experience. Proving your case to a judge or jury is an art and a science, requiring training, experience, and perhaps a bit of natural talent.

Basically, when a plaintiff's attorney is confronted with destruction of evidence, there is both a problem (the destroyed evidence is unavailable) and an opportunity (if you can show the destruction was negligent or willful, the judge or jury may assume the worst).

The plaintiff's lawyer must prove the elements of the case from other evidence and testimony. If he or she can also show facts relating to spoliation of evidence, the judge or jury may forgive evidentiary gaps or even allow the burden of production or proof to shift to the defendant.

I would say that an attorney with good trial skills will find a way to overcome defendant's destruction of evidence, often to plaintiff's advantage, in most cases.