Legal Question in Civil Litigation in California

Months after relocating a small business they filed claim against me for 26k in business losses due to lack of sales (from non functioning equipment).

I have emails from plaintiffs staff stating that my installation was complete and working.

i have emails from the plaintiffs staff stating that other contractors modified the phones i installed and caused them to fail. (then they called to have me repair again)

i have emails from plaintiffs staff stating they "fiddled" with the equipment causing failure (they hired me to repair it again).

So, while there is proof that i did my part, AND proof that others caused the failures after i completed the install, they are suing me, and noone else.

Do i have to be dragged through the legal system (cost of discovery, production of docs) in order to get to a point where i can ask that the plaintiff

1. prove that there were any losses

2. prove that the losses were attributable to me or my installation

3. prove that the other parties (directly responsible for the minimal phone failures) were not responsible.

I've already responded to discovery and recently recieved a request for production of documents requesting 10 years of any and all documents relating to my work experience.... with anyone i've worked with or for.. an enourmous amount of info, labor and burden.

1. Doesnt burden of proof lie on the plaintiff?

2. Dont they have to prove I'm responsible before requiring a massive amount on not very related docs?

plz help.


Asked on 4/08/11, 12:42 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

They have the right to conduct discovery. The scope of discovery is broad, and even what is relevant is broad in discovery. If you can't handle litigation, I suggest you retain an attorney.

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Answered on 4/08/11, 1:41 pm
Herb Fox Law Office of Herb Fox

From your post, it sounds like you have not propounded your own discovery, and that you have no experience in objecting to the opponent's discovery demands.

You also do not mention whether the installation was pursuant to a written agreement and, if so, whether that agreement has an attorneys fees clause, If the answer to both is yes, you might find yourself not only losing the amount demanded, but also be required to pay the other side's attorneys fees. The flip side would be true too: if you won, the plaintiffs would be required to reimburse you some or all of your attorneys fees - provided that you had an attorney

I strongly recommend that you, at the minimum, consult with an attorney before moving further.

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Answered on 4/08/11, 8:20 pm


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