Oil City, PA asked in Civil Litigation for California

Q: What do you do when Plaintiff's are trying to get documents from Defendants website, and they cant get it.?

Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for years, and furthermore had restraining orders put on Plaintiffs to keep them out of their accounts.

Plaintiff's have been trying for years to get into their accounts to no avail. Plaintiffs have been fighting this case for years, trying to get to trial, to no avail. Plaintiff's understand that there is a discovery process, but that only takes effect when a trial date has been set.

But when the Defendants website is the only place that the Plaintiff's can get paperwork, and Defendants wont let Plaintiff's have it, then isnt there some case law pertaining to this type of activity being done by Defendants towards plaintiff?.

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1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
  • La Jolla, CA
  • Licensed in California

A: You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the Plaintiff has been fighting for years and not done any discovery, then the Plaintiff is misusing the legal process to his own detriment, and should consider getting an attorney. Any decent civil litigator can discovery started in just a few days.

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