San Diego County Credit Union v. Roark CA4/1
Carlton Roark appeals the trial court's order granting terminating sanctions and entry of default judgment following his noncompliance with the court's order to preserve evidence. Roark contends the trial court abused its discretion by imposing terminating sanctions against him under Code of Civil Procedure, section 2023.030, subdivision (d). He argues his former employer, San Diego County Credit Union (SDCCU), did not suffer prejudice from his destruction of computer files, which a neutral computer forensic expert recovered; he did not destroy the files willfully or with malice; and the court did not first impose lesser alternative sanctions. Roark further contends the court abused its discretion by ordering him to pay an excessive default judgment that was unjustified because, under the parties' separation agreement, SDCCU was only entitled to a maximum of $30,000 in sanctions.
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