Judge: Blaine K. Bowman, Case: 37-2022-00052212-CU-CR-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Civil Rights Motion Hearing (Civil) 37-2022-00052212-CU-CR-CTL CRANE VS ALLISON [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Richard J. Crane's motion for appointment of counsel is DENIED.

Hulbert v. Cross (2021) 65 Cal.App.5th 405 sets forth the applicable analysis.

'The exercise of a trial court's discretion is guided by a three-step inquiry established in published appellate decisions. (Apollo[, supra,] 167 Cal.App.4th [at pp.] 1485-1487 [85 Cal.Rptr.3d 127] ...; Wantuch [, supra,] 32 Cal.App.4th [at p.] 792 [39 Cal.Rptr.2d 47] ....) First, the trial court determines whether the prisoner is indigent. Second, the court determines whether the lawsuit involves a bona fide threat to the inmate's personal or property interests. If both conditions are satisfied, the trial court must consider the measures available to protect appellant's right of meaningful access to the courts, including the appointment of counsel.' (Smith, supra, 38 Cal.App.5th at p. 458, 251 Cal.Rptr.3d 185, italics added.) Ultimately, 'a trial court must examine the totality of the circumstances when making the discretionary determination of whether an inmate's access is being impeded.' (Id. at p. 470, 251 Cal.Rptr.3d 185.) Hulbert, 65 Cal.App.5th at 414. Hulbert goes on to discuss the measures 'available to trial courts to ensure indigent prisoner litigants are afforded meaningful access to the courts.' Hulbert, 65 Cal.App.5th at 414.

Addressing the Hulbert three-step inquiry, the court finds the information in Plaintiff's Request to Waive Court Fees and the subsequent Order on Court Fee Waiver [ROA 8] sufficient to establish that Plaintiff 'qualifies as indigent for purposes of obtaining a discretionary measure to protect his right of access to the courts.' Crane v. Dolihite (2021) 70 Cal.App.5th 772, 793. However, the court finds Plaintiff fails to submit any evidence to support a finding that Plaintiff's lawsuit involves a bona fide threat to Plaintiff's personal or property interests. Absent such evidence, the court finds Plaintiff fails to establish grounds for the court to consider whether appointment of counsel, or any of the other available measures are appropriate in this case.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue Calendar No.: Event ID:  TENTATIVE RULINGS

3099987  11 CASE NUMBER: CASE TITLE:  CRANE VS ALLISON [IMAGED]  37-2022-00052212-CU-CR-CTL the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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