Roommate destroyed my hard drives' data: Negligence or Intentional Tort?

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iamHankster

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Hi,


I want to sue my roommate, in Los Angeles Superior Court, for damages under negligence and alternately intentional tort. I plan to seek both actual and punitive damages. My roommate does acknowledge his wrongdoing; however he is only willing to pay a token amount as compensation. (Yes, I am going to move out A.S.A.P.)

I incurred a massive data loss on both my main and my external hard drives; the external hard drive was my backup drive. My irate roommate disconnected the external hard drive's cables and turned off the computer while I was transferring data. The file allocation tables and other file system tables, on both drives, became corrupt. Therefore, Windows would not recognize any files as being present. After several attempts at data recovery, I ended up re-formatting both hard drives, i.e., wiping clean all data.

I would appreciate any comments or suggestions as to exactly what legal remedies I have at my disposal. Also, any information as to how I might establish a prima facie case for each legal theory, including supporting evidence.

Before he wreaked havoc, I had repeatedly warned my roommate quite clearly of the consequences, should he follow through with his threats to "disturb" my computer. Nevertheless, he ignored my various pleas. As a result, I lost approximately 100 music video files as well as 150 movies. Also, I lost 1000 image files. Finally, and most sadly of all, I lost some 800 PDF and MS Word DOC files. I used those files as important references for school and work. It had taken me some 600 hours to create such documents. I did have third and fourth backups of some of the lost data.

I purchased two professional data recovery programs. I have run six separate scans, with average time of 3 hours. So far, I have spent some 50 hours trying to recover as much of my data and files as possible. I have only managed to recover approximately half (400) of the PDF and DOC files. And, I have failed to recover any of the movies or music videos.

As a computer programmer, I had to re-install my professional database server and re-populate it with data. Also, I had to re-install my professional Microsoft software development program.

I did take screenshots of the in-progress data recovery programs in action, as well as the resultant list of recovered files. I got some 10,000 files identified. Out of that I was only able to actual "recover" 2,000. However, many were corrupt and half of them now had anonymous names: File01.DOC, File02.DOC, etc. So, I have to click each one to see if it is corrupt. Of course, I had to rename the non-corrupt anonymous files.


Thank you for any and all assistance,

iamHankster
 
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I legally purchased music and movie files for my own personal use. I am in the process of re-downloading certain ones. I have had many of them for quite some time. I am not sure if I can indeed still download others or even if they are still available. However, it is quite a tedious and laborious task. So, prioritizing, I am doing it in a sort of triage manner—considering my other recovery-related tasks.

I am doing what I can to mitigate the damages. Notwithstanding the final actual damages, there certainly must be a legal remedy that I can pursue under tort law.
 
Assume your losses equal $10,000.
Could this roomie compensate you, assuming he didn't prevail at trial?
You say superior court, not small claims, right?
You haven't named the actual tort your roomie is alleged to have committed.
You have simply outlined broad classes of torts.
I fear you can't prove your case, anyway.
I don't think roomie will admit to doing anything under oath once he learns he could be held liable for $20,000 of damages.
All civil law claims are based on tort violations.
There exists no body of tort law.
You're embarking on an angry fool's errand.
 
How did he destroy all of this data? Was his action malicious, or an accident?
 
I believe your complaint is very weak. As you describe it, you in fact destroyed the data when you formatted the drives. What you did, in fact, is destroy any evidence od your roommate causing any damage.
You can certainly attempt a civil complaint, but personally I don't think you would get far with it.
 
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