County of Sutter v. Superior Court

The question is whether the trial court has authority to exempt an indigent plaintiff from compliance with the statutory provision for a cost bond in lawsuits against public entities.

Sutter County is the defendant in a personal injury action pending in the superior court of that county. Plaintiff in the suit is Iva Higgins. Invoicing Government Code section 947, the counties served a demand upon Mrs. Higgins for an undertaking of $100 to secure it against costs of suit. Mrs. Higgins then moved for an order permitting her to proceed without the bond, asserting financial inability to obtain it. The court had before it her declaration under perjury, which disclosed assets consisting of a trailer house worth $600, cash of $100 derived from pensions, personal effects worth $100 and monthly income consisting of $145.50 in social security and old age security payments. The county did not controvert her statement of assets and income. Finding that she had inadequate means to furnish security for costs, the court granted her motion.

Mrs. Higgins did not in so many words seek—nor did the court grant—leave to proceed in forma pauperis. The order simply grants her leave to proceed without…