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Garza v. Aetna Life Insurance Company

United States District Court, E.D. California
May 15, 2008
CIV. NO. S-07-1982 WBS KJM (E.D. Cal. May. 15, 2008)

Opinion

CIV. NO. S-07-1982 WBS KJM.

May 15, 2008


On September 21, 2007, plaintiff filed an Application to Proceed Without Prepayment of Fees (in forma pauperis) with her complaint against defendants for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1001 et seq.). When she received no response to her application, plaintiff's attorney sent a letter to the court on February 1, 2008, requesting to be advised of the status of her request. After receiving no response from the court by May 15, 2008, plaintiff filed a formal Request for Status regarding her application.

In her Affidavit, plaintiff states that she is not currently employed and received no money from any source in the twelve months prior to submitting her application. She avers that she has $70 in a checking account and owns a house in Sacramento and a 1996 vehicle. Although the form clearly instructs the applicant to state the value of any property owned, plaintiff has failed to list any value of the house. Arguably, if she has any substantial equity in the house it should be sufficient to cover the filing fees required in this action. Thus, ordinarily, her application would be rejected without prejudice to her filing an amended Affidavit setting forth the value of her equity in her house and car.

However, this court can find no justifiable reason why plaintiff's request was not promptly brought to its attention when it was filed, or at least when her attorney's letter of February 1, 2008 was submitted. In order to avoid further unnecessary delay, the court will therefore overlook plaintiff's failure to place a value on her equity in the house and car, and will authorize her to proceed in forma pauperis at this time.

IT IS THEREFORE ORDERED that plaintiff's Application to Proceed Without Prepayment of Fees or Costs, pursuant to 28 U.S.C. § 1915, be, and the same hereby is, GRANTED.


Summaries of

Garza v. Aetna Life Insurance Company

United States District Court, E.D. California
May 15, 2008
CIV. NO. S-07-1982 WBS KJM (E.D. Cal. May. 15, 2008)
Case details for

Garza v. Aetna Life Insurance Company

Case Details

Full title:ALEJANDRA GARZA, Plaintiff, v. AETNA LIFE INSURANCE COMPANY, HM LIFE…

Court:United States District Court, E.D. California

Date published: May 15, 2008

Citations

CIV. NO. S-07-1982 WBS KJM (E.D. Cal. May. 15, 2008)