Client Social Media Discovery for Plaintiff Attorneys

Case Law

Social Media Used as Evidence in Court Cases

Case Name: Riad v. Sequeira

Citation: 2023 Cal. Super. LEXIS 64408 (Cal. Super. Ct. Sep. 20, 2023)

Judge: Honorable Valerie Salkin

County: County of Los Angeles, California

Time to Comply with Social Media Disclosure Order: 30 days

Facts

In a California emotional distress and slander case, the plaintiff alleged reputational and psychological harm stemming from the defendant’s actions. As part of discovery, the defendant served special interrogatories requesting the usernames and platforms for all social media accounts the plaintiff had controlled over the past 10 years. The plaintiff responded by claiming insufficient personal knowledge to provide the requested information.

Ruling

The court held that the plaintiff’s response to the social media production request was inadequate and ordered a further verified response. The court provided a clear order compelling compliance and required the plaintiff to submit a complete response within 30 days.

Key Takeaways

  • In California, courts are enforcing social media production requests when related to emotional distress claims.
  • Identification of social media accounts is considered foundational and is not protected by privacy rights when no content is being requested.
  • Plaintiffs must be prepared to fully disclose account ownership, even when they claim lack of present knowledge.

Final Thoughts

This California ruling reinforces the growing judicial insistence on transparency in digital discovery. Plaintiff attorneys must understand that even before delving into content, simply identifying all client-controlled accounts is fair game in litigation involving social media evidence. Failing to provide such information can delay proceedings and risk judicial sanctions. To protect clients and mitigate litigation risks, attorneys should integrate early social media discovery services like Private Footprint into intake processes and case strategy. These proactive measures help control narrative, safeguard credibility, and comply with court mandates efficiently.

Private Footprint Keeps You in the Know

Your clients’ social media activity may be a goldmine or a minefield, but accessing this content, organizing it chronologically, and producing it in a usable format is exceptionally burdensome on legal team. Private Footprint was developed by Personal Injury attorneys to help plaintiff-only law firms avoid the Discovery/Deposition Surprise and gain clear visibility into their clients’ social media activity to protect and increase the value of their files. We’re also enabling paralegals and legal assistants to produce client social media reports in minutes, not hours. All this for only $100 per client (plus taxes), invoiced as individual receipts itemized for ease of tracking disbursements. No hidden fees, no subscriptions, no surprises.

Request a Demo to learn more about Private Footprint and how you can start protecting the value of your files.

Make Sure Your Clients' Social Posts Aren’t Damaging Their Files