Legal Question in Appeals and Writs in California

I live in California. Me and my husband are trying to get some text message records. It is our account and we have both said we will sign for permission to get them but our cell phone company will not give them to us without a court order. How do we go about getting a court order for that?


Asked on 1/25/13, 3:24 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

If you are involved in litigation in the trial courts, then you can subpoena the records.

If you are not in litigation, then it gets pretty complicated and pretty expensive. You'd probably need to start a court action against your cell phone company to get them. But you'd need to check your contract with the company to see if you first have to go to arbitration. Once you get an arbitration award, then you'd have to get that award confirmed in the court. I'd have to do some research even to come up with a theory under which you could start an action.

Best of luck to you.

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Answered on 1/26/13, 2:01 am


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