Arista

BACKGROUND

In October 2008, Arista, an inmate at Mule Creek State Prison, was a passenger in a van owned and operated by CDCR. The van was struck by another state-owned vehicle. Arista claims to have suffered physical injuries in the collision. Arista filed the underlying personal injury action in August 2009; the complaint is not in the record on appeal. In his appellate brief, Arista suggests the complaint alleges the state is liable for injuries he suffered as a result of the failure of CDCR personnel to fasten his seatbelt prior to the accident. In November 2010, defendants Martel, Mule Creek State Prison, and CDCR moved for summary judgment on the ground Arista failed to comply with the Act, in that he failed to file a claim with the Victim Compensation and Government Claims Board (Board) within six months of the accident. Although defendants appear to have filed with their motion a statement of undisputed facts and declarations of counsel, these documents are not in the record on appeal. Arista filed no opposition to defendants’ motion for summary judgment. Instead, he responded by filing a written request for appointment of counsel to represent him in this action. Arista…