What Is a Spoliation of Evidence Letter in California?

A spoliation letter is a formal written demand telling another party to preserve evidence related to a potential legal claim. If you were hurt in an accident and you’re worried that surveillance footage, vehicle data, or maintenance records might disappear before you can use them, this letter is how you protect yourself. It puts the other side on notice: don’t destroy anything.

When Should You Send a Spoliation Letter?

As soon as possible after the incident. Days, not weeks.

Most commercial surveillance systems overwrite footage on a rolling cycle. The National Archives sets a 30-day retention baseline for federal facility security recordings, and plenty of private businesses keep footage for even less. 

In Victor Valley Union High School Dist. v. Superior Court (2023), a school’s camera system erased surveillance video after just 14 days, and the footage was gone before anyone thought to save it. The court imposed sanctions anyway because the school should have anticipated litigation.

Can you send the letter yourself? Technically, yes. Anyone can write and mail a preservation demand. But a letter from an attorney signals that a lawsuit is likely, which strengthens the argument later that the other party knew they had a duty to preserve. If you already have a lawyer, ask them to send it immediately. If you don’t have one yet, sending it yourself still beats waiting.

Can a Spoliation Letter Be Served Via Certified Mail?

Yes. Certified mail with return receipt requested is the standard method.

Under California Code of Civil Procedure § 1020, a signed return receipt creates a rebuttable presumption that the recipient actually received your notice. That matters because if evidence gets destroyed later, the other side can’t claim they never got the letter. Personal service works too, and email can supplement a mailed letter, but certified mail with the return receipt is your documented proof of delivery.

What Should a Spoliation Letter Include?

Four things, at minimum:

• A statement that you intend to pursue legal action related to the incident, including the date, location, and parties involved.
• A specific list of evidence to preserve. Be detailed. Surveillance video from a particular date and time range. Vehicle maintenance logs. Incident reports. Employee files. The more specific, the harder it is for the other party to claim they didn’t know what to keep.
• A reference to the legal duty to preserve evidence under California law, including potential sanctions under CCP § 2023.030 and criminal penalties under Penal Code § 135.
• A deadline for written confirmation that the evidence is being preserved.

Sample Spoliation Letter for California

Note: This is a general example only. It does not constitute legal advice, and you should consult an attorney before sending any legal correspondence.

[Your Name / Attorney Name] [Address] [Date]

Via Certified Mail, Return Receipt Requested

[Recipient Name and Address]

RE: Preservation of Evidence Demand, Incident on [Date] at [Location]

Dear [Recipient],

Please be advised that [claimant name] intends to pursue a legal claim arising from the incident that occurred on [date] at [location]. You are hereby directed to immediately preserve all evidence related to this matter, including but not limited to:

• All surveillance video recordings from [date] between [start time] and [end time]
• Maintenance and inspection records for [equipment/property]
• Incident or accident reports prepared by employees or management
• Personnel files for [relevant employee(s)]
• All electronic communications (emails, text messages) referencing the incident

Under California law, you have a duty to preserve evidence once litigation is reasonably foreseeable. Destruction, alteration, or concealment of relevant evidence may result in court sanctions including adverse evidentiary inferences (Evidence Code § 413), monetary penalties, issue or terminating sanctions (CCP § 2023.030), and criminal liability (Penal Code § 135).

Please confirm in writing within [10/14] days that all listed evidence is being preserved.

Sincerely, [Your Name / Attorney Name]

What Happens If Someone Ignores a Spoliation Letter?

California courts have real teeth when it comes to destroyed evidence. Under CACI jury instruction No. 204, a judge can tell the jury to assume the missing evidence would have been unfavorable to the party who destroyed it. That alone can shift the entire outcome of a trial.Sanctions go further than jury instructions, though. Courts can impose monetary penalties, bar the spoliating party from presenting certain defenses, or deem specific facts established against them. And in extreme cases (like Williams v. Russ), the court can dismiss the case entirely.

Do Spoliation Letters Apply Outside of Personal Injury?

They do. Employment cases often involve preservation demands for personnel files, internal emails, and performance reviews before a wrongful termination suit is filed. Business litigation uses them for contract documents and financial records. 

Product liability claims target manufacturing data and quality control logs. Medical malpractice involves hospital records and surgical notes. Any situation where critical evidence sits in someone else’s hands and might get lost or deleted is a situation where a spoliation letter makes sense.

Protect Your Evidence. Talk to DK Law.

If you’ve been injured in an accident and you’re concerned that evidence might disappear, time is not on your side. Contact DK Law for a free consultation. Our team can send a preservation demand on your behalf and make sure the evidence you need stays intact.