The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). The plaintiff is the one who is claiming damages for injury; or who is seeking redress of a wrong. In some jurisdictions the commencement of a lawsuit is done by filing a summons and/or a complaint -- these documents are known as pleadings -- that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.
Not all lawsuits are plenary actions. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff and respondent, instead of defendant. There are also cases that do not technically involve two sides; such as petitions for specific statutory relief that requires judicial approval; in those cases there are no respondents, just a petitioner.
The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent.
Plaintiff claims that her silicone breast implants caused her to suffer autoimmune and neurological disease, as well as local injuries, due to her exposure to silicone, silica, and other chemicals and by-products through the bleeding of low molecular weight silicone gel through the silicone elastomer shell of the implant.
Plaintiff's Exhibit 1.1(c) is a photograph of Plaintiff during this period of time when her mother stated that the normal weight of her daughter was generally between 115 and 120 pounds and did not fluctuate much.
Plaintiff testified that Dr. Penn described the possibility of hematoma and having an accident causing the elastomer to rupture and the gel to be released in which event, he stated, it would not be harmful or cause any side effects.
Defendant notified plaintiff that it could not file suit to enforce its lien because Cinaco Builders was a necessary party to such an action and the automatic stay in bankruptcy prevented the filing of such an action against it.
The trial court found that defendant could have filed suit against plaintiff by: (1) alleging the bankruptcy; (2) stating the Cinaco was a necessary party but that defendant could not join it; (3) asking the bankruptcy court permission to name Cinaco as a nominal party; or (4) simply suing plaintiff to foreclose the mechanics lien.
Plaintiff also claims that Cinaco Builders was not a necessary party because it had no legal or equitable interest since plaintiff paid the bankruptcy trustee and obtained a release from Cinaco Builders.
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