I would suggest that records managers take care to understand that 
declaring something a non record is not an effective strategy for evading 
a legal duty to preserve evidence.  When you have such a duty it does not 
matter if it is a record non record or even part of an automobile  (see 
Smith v Superior Court, 151 Cal. App. 3d 491, 198 Cal. Rptr. 829 (1984)).

Please note that I am not an attorney and this is not legal advice. 

Dave Gaynon
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