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1437 Liability for intentional spoliation of evidence may be based on the defendant's knowledge that destruction of evidence was substantially certain to interfere with the plaintiff's ability to succeed in litigation; an employee can maintain a tort action against her/his employer for spoliation of evidence.CitationGOMEZ v ACQUISTAPACE (WC Spoliation) 50 CA4 740 [See: LabC 3600; Smith v Superior Court 151 CA3 491; Velasco v Commercial 169 CA3 874; Continental v SuperCt 190 CA3 156; Coca-Cola v SuperCt 233 CA3 1273; Ernst v Fireman's AT 6/93]
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