Judge: Jon R. Takasugi, Case: 22STCV37020, Date: 2023-06-29 Tentative Ruling

Case Number: 22STCV37020    Hearing Date: June 29, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion for an order appointing counsel to represent him in this case is DENIED.

            On 11/23/2022, Plaintiff Edward LaCour (Plaintiff) filed suit against a number of Defendants, alleging negligence.

            Now, Plaintiff moves for an order appointing counsel to represent him in this case.  

Discussion

            In California, an indigent plaintiff may be afforded the right to sue in forma pauperis at the discretion of the court and thus be exempted from the payment of all fees, including jury fees. (Martin v. Superior Court (1917) 176 Cal. 289.)

            Whenever a motion to proceed in forma pauperis is supported by affidavit sufficient on its face to show indigency, court must grant motion unless it has good reason to doubt truthfulness of factual allegations in affidavit, and in that event it may decide matter on conflicting affidavits, or in unusual circumstances order hearing for purpose of inquiring into matter. (Earls v. Superior Court (1971) 6 Cal.3d 109.)

            Here, Plaintiff seeks the appointment of counsel based on his in forma pauperis status on the basis that his “imprisonment will greatly limit his ability to litigate issues involved in this case, which are complex and will require significant research and investigation. Plaintiff has no access to [sic] law library and limited knowledge of the law.”  (Motion, 1.)

            However, In Forma Papueris status does not confer the right to have court-appointed representation for civil litigation, rather it provides for exemption from payment of all fees.  

            Based on the foregoing, Plaintiff’s motion to have the Court appoint counsel on his behalf is denied.

It is so ordered.

Dated:  June    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            For more information, please contact the court clerk at (213) 633-0517.