Legal Question in Civil Litigation in California
How much of the e-mail must I show in Discovery?
My brother is being sued for withholding payment of a debt until the rightful payee can be determined. In Discovery, my mother is asking him and any others who have assisted him in the past to show how many times she (specifically) ''requested/demand for payment'' was made by verbal, audio or e-mail.
My question: If I (sister) received e-mails that shows her asking for the money (my brother did not always have a working computer), do I have to submit the whole e-mail or just the page the comment was made.
This is a case of fraud and some of her e-mails incriminate herself and a 3rd party. Since the demand for pymnts and the fraud comments are in the same e-mail can we use it (fraud) as part of our defense even though she was only asking us to show how many times she demanded payments?
2 Answers from Attorneys
Re: How much of the e-mail must I show in Discovery?
Your question is confusing. If your brother is holding funds that he is willing to pay to whomever is entitled to the money but he does not know who that is, he can interplead the funds with the Court. Basically, he files a motion for interpleader and will turn the money over to the court and then drops out as a party.
If he is being sued but you are not, your mother can not discover documents in your possession except by having a subpoena duces tecum issue stating what documents are to be turned over. In all cases, if the discovery request mentions only a certain item and does not ask for all parts of the page, you can edit the response by just giving the part of the letter asking for payment.
I am not sure why you want to hide the part involving fraud. If she wrote the letter she probably kept a copy of it. By giving her a complete copy of the original communcations you are telling her some of the information you have against her. If her attorney was not aware of that actlivity, sending a complete copy may do so. It possibly will have no effect.
You then state you are using the docments in "your defense", indicating that interpleading the funds will not be enough to get you out of the case. Both of you need t speak to an attorney to figure out a strategy as to what to do and when.
Re: How much of the e-mail must I show in Discovery?
I share Mr. Shers' confusion about the posture of this case and your role in it. Putting that confusion aside, there is no way to answer your question without knowing exactly what the subpoena or other discovery request says. If you don't already have a lawyer, this might be a good time to get one.