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This section contains the nature of the case and procedural background.

Smith (P) was hurt when a wheel from another vehicle crashed through her windshield. P sued Abbot Ford (D), the company responsible for the wheel that caused her injuries. P and D agreed that D would retain custody of the wheel. However, D misplaced the wheel after delivery. P wanted to change her complaint to include the intentional spoliation of the evidence. The trial court held that no cause of action existed and sustained D's demurrer. P petitioned for a writ of mandate overturning the trial court.

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