I spoke too soon. It is not over just yet. The Plaintiff could contest the ruling. But at this point such an action, if taken, would be unlikely to prevail.

"If the tentative ruling is uncontested, it shall become the order of the Court. The moving party shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court."

Woodell is an elected member of the San Mateo County Democratic Central Committee.

Superior Court Judge Lisa Novak said,

Woodell "is not an unsophisticated phone user," she said Monday. "There is no doubt in my mind that Mr. Woodell intentionally destroyed the evidence in this case with the design for precluding the defendants the fair opportunity to examine the phone in its original condition."

The tentative ruling has yet to be made final. The judge heard arguments in court yesterday and took the matter under submission.

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