Judge Orders Evidence Preservation in Malibu Treatment Center Lawsuit

Court Addresses Concerns Over Potential Evidence Loss

LOS ANGELES — A Los Angeles Superior Court judge has issued a tentative ruling ordering defendants in a lawsuit involving a Malibu substance abuse treatment facility to preserve potentially relevant evidence, citing concerns that key materials could be lost.

The ruling, issued April 20, directs defendants in Hickman v. James & Bentz, Inc., et al. to safeguard communications and records, including text messages, that may be related to the case.

The court noted the plaintiff’s concern that such materials “will destroy evidence, perhaps not on purpose but rather due to the normal course of texts and the like being deleted,” and said it would “echo” the request that evidence be preserved.

Arbitration Motion Delays Further Proceedings

The preservation order came as part of a broader request by the plaintiff to expedite a discovery motion. The court denied that request, citing California law that pauses trial court proceedings while a motion to compel arbitration is pending.

The defendants’ arbitration motion is scheduled for a hearing on May 28. The judge emphasized that the court has not yet reviewed the merits of that motion and is “not making a finding” on whether it should be granted.

The plaintiff intends to pursue discovery after the arbitration issue is resolved, including seeking environmental and remediation records tied to the case.

Allegations of Hazardous Conditions

The lawsuit was filed by Robert Alexander Hickman against James & Bentz, Inc., which operates The Pointe Malibu Recovery Center. Hickman alleges he was exposed to hazardous conditions, including mold and water intrusion, during his stay at the facility from July 16 to July 31, 2025.

According to the complaint, Hickman developed ongoing health issues, including a severe sinus infection that his doctors have linked to mold exposure in a room at the facility. He claims the condition has persisted despite treatment.

Hickman requested environmental testing results, mold inspection reports and related documents covering a period from June 1 through Aug. 15, 2025. The lawsuit states the defendant refused to provide those records.

Plaintiff Seeks Injunctive Relief

The complaint seeks injunctive relief, asking the court to order the facility to produce the requested environmental records and preserve all related evidence.

Hickman argues that without access to the data, his doctors cannot determine the source of his exposure or decide on appropriate treatment. The complaint also alleges that withholding the records violates disclosure requirements under California law.

The lawsuit states that the defendant has acknowledged possessing the requested documents but continues to withhold them, raising concerns that evidence could be “concealed, altered, or destroyed.”

Next Steps in the Case

If the court ultimately grants the arbitration request, the dispute may move out of the courtroom and into a private resolution process. If not, the case will proceed in court, where the plaintiff plans to pursue discovery through standard procedures.

Hickman is also reserving the right to file a separate lawsuit seeking damages related to alleged negligence, personal injury or breach of contract once the full extent of harm is known.

For now, the court’s tentative ruling focuses on preserving evidence while the arbitration question is decided.