Apollo

Apollo v. Gyaami

Good Law
167 Cal. App. 4th 1468·85 Cal. Rptr. 3d 127
Court of Appeal of CaliforniaOctober 31, 2008A118431California7,931 words

Opinion

Opinion

Jenkins, J.

Appellant John V. Apollo appeals from the judgment entered against him after the trial court granted a motion for summary judgment filed by respondent Elizabeth Gyaami, R.D., and dismissed defendants Dennis Hawley, M.D., and Ms. Mann, R.N., from the case for lack of proper service. For reasons discussed below, we reverse the judgment and remand to the trial court for further proceedings consistent with appellant’s right of meaningful access to the courts to prosecute a bona fide civil claim.

Factual and Procedural Background

Appellant, a state prisoner housed at the California Medical Facility (CMF) in Vacaville, brought a lawsuit seeking $250,000 in damages against respondent for personal injury. Shortly thereafter, appellant filed nearly identical lawsuits seeking the same amount in damages for personal injury against Dr. Hawley and Nurse Mann. The trial court subsequently consolidated these three lawsuits into a single lawsuit in the interest of judicial economy.

I. Appellant’s Allegations.

Appellant’s lawsuit stemmed from the refusal of CMF personnel to provide him with a medically prescribed special diet when he was transferred from Folsom State Prison on a…

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