Legg v. Superior Court In and For Los Angeles County
| Decision Date | 15 January 1958 |
| Citation | 320 P.2d 227,156 Cal.App.2d 723 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Leona LEGG, Plaintiff and Appellant, v. SUPERIOR COURT of the State of California, IN AND FOR the COUNTY OF LOS ANGELES, Defendant and Respondent. Civ. 22687. |
Leona Legg in pro. per.
Harold W. Kennedy, County Counsel; Roland J. Worthy and Richard L. Riemer, Deputies County Counsel, Los Angeles, for respondent.
Appeal from order denying alternative writ of mandate. Appellant, appearing in propria persona in the Superior Court (as she does upon this appeal) filed in the Los Angeles Superior Court a petition for writ of mandate, naming said court as sole respondent and praying that it issue a writ directed to itself and commanding it 'to comply with its Contractional Order (authorized by the presiding Judges of said Court) of assumable liability for the prepayment of all legal fees and the obligation of providing legal transcriptions, certifications, services and all other rights and privileges & ect. for adequate prosecution of said action in its entirety under forma pauperis proceedure; entitled Leona Legg v. County of Los Angeles, et al., Case No 653840, or render judgment in favor of the Petitioner and against respondent in the sum of $50,000.00.'
The petition avers that appellant is plaintiff in an action in said Superior Court 'concerning the withholding of her subsistency warrent and deprivation of medical services, wherein the judgment was entered in favor of the respondent.' Apparently she lost that case, 'said Court choosing the way of perjury to petitioner's injury and risk.' Thereupon she requested the county clerk to prepare a clerk's transcript and a reporter's transcript pursuant to rules 4 and 5 of the Rules on Appeal. This he declined to do without the payment of appropriate fees. Attached to the petition for mandate is an order of January 21, 1957 made by the presiding judge of the Superior Court in action No. 673104 providing: 'The prepayment of the fees for filing the above entitled cause, for a jury, and all other legal fees are hereby waived and it is ordered that the amount of said fees shall be a lien on any moneys recovered by a judgment herein, or by reason of this cause of action, or in any settlement thereof.' The petition for mandate alleges a 'contract,' made June 25, 1956, with the court for plaintiff's proceeding in forma pauperis in case No. 653840. Apparently the allegation refers to an order alleged to have been made by the judge of department 34 when the cause came on for hearing therein.
In her briefs petitioner assumes and asserts that an order permitting her to proceed in forma pauperis amounts to a contract with her on the part of the court and that it covers proceedings on appeal as well as those in the...
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