Courts aren't dumb, though. It's a lot harder for an average person to fake something in their gmail outbox than it is for someone working for a corporation to delete emails from an inbox. Google could also possibly be sent a subpoena.
The sender could simply show in his outbox that he did send such and 23andMe would be in even worse legal trouble then?
I asked because unlike paper mail where the deliverer is one trust-able government/commercial body, email by its distributed nature is delivered by hosts everywhere in the internet. How does plaintiff generally gather evidence to prove the email was indeed delivered in these cases?