Baltayan

Appellant Gagik Baltayan's personal injury action was dismissed after he failed to comply with the trial court's order requiring him to post an undertaking pursuant to Code of Civil Procedure section 1030. Appellant argues that the undertaking should not have been required because respondent did not make a sufficient showing that it had a reasonable possibility of obtaining a defense verdict. He also argues that the trial court abused its discretion and violated appellant's equal protection and substantive due process rights by failing to waive the undertaking after appellant showed that he was indigent.

We hold that the evidence presented by the parties at arbitration and an arbitration award in favor of respondent established a reasonable possibility that respondent would prevail at trial. Because appellant's showing of indigency was weak, incomplete, and inconsistent with some of his admitted spending, the trial court did not abuse its discretion in denying appellant's motion for relief from the security order. Nonetheless, after appellant effectively proved his indigency and was granted in forma pauperis status, the trial court abused its discretion in…

Introduction

Appellant Gagik Baltayan’s personal injury action was dismissed after he failed to comply with the trial court’s order requiring him to post an *1430 undertaking pursuant to Code of Civil Procedure section 1030. Appellant argues that the undertaking should not have been required because respondent did not make a sufficient showing that it had a reasonable possibility of obtaining a defense verdict. He also argues that the trial court abused its discretion and violated appellant’s equal protection and substantive due process rights by failing to waive the undertaking after appellant showed that he was indigent.

We hold that the evidence presented by the parties at arbitration and an arbitration award in favor of respondent established a reasonable possibility that respondent would prevail at trial. Because appellant’s showing of indigency was weak, incomplete, and inconsistent with some of his admitted spending, the trial court did not abuse its discretion in denying appellant’s motion for relief from the security order. Nonetheless, after appellant effectively proved his indigency and was granted in forma pauperis status, the trial court abused its…

I agree with the result of the majority in finding the trial court abused its discretion in dismissing appellant’s case. But I support a broader rationale for that result and write separately to explain why, in my view, the trial court lacks discretion to impose a Code of Civil Procedure section 1030 security deposit requirement on appellant, once the judge determines appellant is financially qualified for that in forma pauperis status and possesses a nonfrivolous claim. At that point, appellant has a right to proceed without posting a security deposit or paying fees, and the trial court lacks discretion to deny him that right. Furthermore, a trial court cannot impose the special Code of Civil Procedure section 1030 security deposit requirement on an indigent out-of-state plaintiff without running afoul of the equal protection clauses of the United States and California Constitutions.

1. Indigent litigants have the same in forma pauperis rights in California courts as they had in English courts in 1850.

Nearly 85 years ago, in Martin v. Superior Court, 1 the California Supreme Court proclaimed poverty could not be allowed to deny anyone access to this state’s courts.…