Morgan v. Ransom

Opinion

FILES, P. J.

This is an appeal by plaintiff from an order dismissing his action because of his failure to answer a written interrogatory in the proper form and at the proper time. Also before us is a petition for a writ of mandate to set aside the dismissal.

Inasmuch as plaintiff made a showing that he was indigent, without counsel, and imprisoned in state prison, this court ordered the superior court file transmitted here as the record on appeal in lieu of a clerk’s transcript.

The chronological history, as shown in the superior court file, will be related first.

On March 23, 1976, plaintiff, acting in propria persona, filed a complaint for damages for malpractice against an attorney who had allegedly represented him in a criminal proceeding in Los Angeles County in 1971. PlaintfFs mailing address, as it appeared on the face of

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the complaint, was a post office box at Tamal, California, which is recognizable as the mailing address of a prisoner at San Quentin State Prison. Subsequent papers filed by plaintiff gave post office box 11264 in Fresno as his address.

Defendant appeared through counsel and answered, admitting the employment and denying malpractice. Statutes of limitations were pleaded as additional defenses.

On September 16, 1977, defendant took plaintiff’s deposition at a law office in Fresno.

On September 22, 1977, defendant mailed to plaintiff at Fresno post office box 11264, an interrogatory which begins as follows: “During the past seven (7) years, have you commenced any lawsuits or administrative proceedings in propria persona? If so, for

each

lawsuit or administrative proceedings state the following:”.

There followed nine subparts, requiring detail about each of the prior lawsuits or proceeding.

On November 10, 1977, defendant’s attorney mailed a letter to plaintiff reminding him that the answers were overdue.