Spoliation Claim Mooted by Court’s Assuming Truth of Party’s Factual Position

Lawler v. Montblanc N. Am., LLC, 2013 U.S. App. LEXIS 761 (9th Cir. Jan. 11, 2013):

Finally, Lawler argues that the district court abused its discretion by declining to draw a negative inference of discrimination against Defendants because they "willfully" destroyed the August 5, 2009 security tape capturing the exchange between Schmitz and Lawler. Med. Lab. Mgmt. Consultants v. Am. Broad. Cos., 306 F.3d 806, 824 (9th Cir. 2002). The district court, however, accepted Lawler's version of the August 5, 2009 store visit as true in making its determination. Lawler's spoliation argument is therefore meritless.