California, United States of America
The following excerpt is from People v. Sandoval, G039792 (Cal. App. 7/15/2009), G039792 (Cal. App. 2009):
The court acknowledged defendant's petition and similar requests from other defendants at the hearing, but issued the preliminary injunction. Its order noted, "An incarcerated indigent defendant in a bona fide civil action threatening his interests has the federal and state due process and equal protection rights to access to the courts to defend against such an action. However, he does not have an absolute right to be personally present at the civil proceedings. ([Yarbrough] v. Superior Court (1985) 39 C[al.]3d 197, 200 [Yarbrough]; Payne v. Superior Court (1976) 17 Cal.3d 908, 923 [Payne].) It is left to the trial court's discretion to determine what type of access to the courts is necessary and appropriate under the circumstances. [Citations.] [] Based on the foregoing authorities, the applications of the jail and prison inmates to attend the hearing on the preliminary injunction are denied on the following grounds: [] No applicant has asserted or demonstrated that he is indigent and therefore unable to obtain access to the courts through counsel. Nor has any pro per inmate submitted, attempted to submit, or indicated that he is unable to submit, any written opposition to the issuance of the preliminary injunction, which this court would have considered, had it been received. [] In addition, as to the state prison inmates ([including defendant]), the request is denied on an additional ground: Because the preliminary injunction is an interim order, and because neither prison inmate has shown that, based on an upcoming release date, he would likely be affected by this order, neither has shown that the preliminary injunction threatens his interests."
Defendant did not answer the complaint. The court entered his default on November 27, 2007.
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