What is the test for a jury in a civil case where a police officer deliberately destroyed evidence?

Defendant's proposed instruction addressed a factual issue raised by the evidence: did police officers deliberately destroy potentially exculpatory evidence. We review de novo whether the trial court properly instructed the jury on that issue. (People v. Gurule (2002) 28 Cal.4th 557, 659.)

Defendant's requested instruction also proposed a remedy in the event the jury found such destruction of evidence: a presumption of unlawful performance of official duties and an instruction that deliberate destruction of evidence could create a reasonable doubt. We review for abuse of discretion the remedy the trial court selects for destruction of evidence. (People v. Zamora (1980) 28 Cal.3d 88, 99 (Zamora).)

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