Opinion
S261669
07-08-2020
HAMILTON (PAUL) v. S.C. (CABRAL)
F080912 Fifth Appellate District
The petition for review is denied as premature, in view of the fact that the Fresno County Superior Court has not yet set the procedures for the conduct of trial in this case, including the presentation of evidence and argument. The denial is without prejudice to a renewed pretrial challenge raising the question whether the procedures set by the Superior Court, once those procedures have been set, are adequate to secure meaningful access to the courts. (See Wantuch v. Davis (1995) 32 Cal.App.4th 786, 792-793 [listing potential remedies to secure access for an indigent incarcerated individual seeking either to prosecute or to defend a civil action and describing factors to consider in determining the appropriate remedy]; see also Yarbrough v. Superior Court (1985) 39 Cal.3d 197, 200-201, 207 [factors to consider in deciding whether to appoint counsel for incarcerated indigent civil defendants]; Payne v. Superior Court (1976) 17 Cal.3d 908, 923-924, 927 [same].)