Quail

Petitioner’s appeal from a judgment issued by the respondent court in favor of real party in its unlawful detainer action against *574 him is pending in the Appellate Department of the Superior Court of Los Angeles County. In the instant proceeding petitioner principally contends (1) the respondent did not properly carry out the settlement and engrossment of the settled statement on appeal, and (2) the engrossed settled statement certified by the respondent does not accurately set forth the proceedings in the trial court. (Cal. Rules of Court, rules 127, 128.)

On June 12, 1985, this court stayed all proceedings on the appeal. By order issued June 26, 1985, we referenced the matter to the appellate department with directions that an evidentiary hearing be conducted, and written findings thereafter be submitted to this court, on the following issues:

(1) Does the engrossed settled statement certified by the municipal court in case No. A65074 accurately set forth the oral proceedings of February 16, 1984, insofar as they are material to the determination of the points on petitioner’s appeal?

(2) Was the settlement and engrossment of said settled statement properly…

I concur in the issuance of the peremptory writ as far as it goes. However, I dissent from the cursory denial of petitioner’s further requests for appointment of counsel on appeal and at trial.

This court already has recognized the petitioner is indigent by granting him leave to proceed with this appeal in forma pauperis. Thus, the only issue is whether California courts lawfully can be used to deprive this admittedly indigent civil defendant of a valuable property right without affording him the lawyer needed to effectively defend him and his legal rights in these forums. I am of the opinion counsel should be appointed under both the California common law and California constructions of due process and equal protection which are applicable to the general run of civil defendants. In addition, however, other constitutional considerations support the grant of free counsel to this particular petitioner even if the average impoverished litigant is to remain naked of legal assistance in California’s civil courtrooms.

I. Indigent Mental Incompetents Who Are Defendants in Civil Cases Are Entitled to Appointment of Counsel Under Due Process Clause of Federal and California…

Paul M. Guyer and Evan L. Murri for Real Party in Interest.

OPINION

THE COURT. [*]

Petitioner's appeal from a judgment issued by the respondent court in favor of real party in its unlawful detainer action against him is pending in the Appellate Department of the Superior Court of Los Angeles County. In the instant proceeding petitioner principally contends (1) the respondent did not properly carry out the settlement and engrossment of the settled statement on appeal, and (2) the engrossed settled statement certified by the respondent does not accurately set forth the proceedings in the trial court. (Cal. Rules of Court, rules 127, 128.)

On June 12, 1985, this court stayed all proceedings on the appeal. By order issued June 26, 1985, we referenced the matter to the appellate department with directions that an evidentiary hearing be conducted, and written findings thereafter be submitted to this court, on the following issues: [1]

(1) Does the engrossed settled statement certified by the municipal court in case No. A65074 accurately set forth the oral proceedings of February 16, 1984, insofar as they are material to the determination of the points on petitioner's appeal?

(2)…