Midwife

Acting in pro. per. and in forma pauperis, appellant Mister Midwife filed a complaint against various members of the Bernal and Lomeli families arising from a dispute regarding the use of an easement. The Lomelis’ attorney noticed Midwife’s deposition to take place in his office on August 29, 1986. On August 29, attorneys for the Lomelis and the Bernals were present and prepared to depose Midwife; however, Midwife neither appeared nor telephoned to advise them that he would be unable to appear. That day, Midwife mailed a postcard to counsel for the Lomelis indicating that he could not appear at the deposition by 9 a.m. and requesting that the deposition be rescheduled 30 days in advance to accommodate his business schedule.

The Lomelis’ attorney renoticed Midwife’s deposition for September 29, 1986. Once again, however, Midwife neither appeared nor telephoned to advise them he was unable to be present. The Lomelis’ attorney later received a postcard dated September 30 in which Midwife explained that he had been unable to attend the deposition because it was inaccessible through public transportation, and Midwife had no car. The deposition site was in Del Mar,…