Hamilton v. Yates CA5

California Court of Appeal May 4, 2015 No. F069608Unpublished

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Holding. The trial court did not abuse its discretion in dismissing the inmate's civil action after determining that no practical or feasible alternatives existed to conduct a jury trial given the appellant's incarceration and lack of resources.

Issues

Did the trial court abuse its discretion in dismissing the inmate's civil action for failure to appear at trial?
Did the trial court properly consider the remedies for ensuring an inmate's access to the courts as outlined in Wantuch v. Davis?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Determining what remedies, if any, are appropriate to ensure an inmate’s meaningful access to the courts is committed to the sound discretion of the trial court and is reviewed on appeal under the abuse of discretion standard.”

“The trial court considered all of the possible remedies outlined in Wantuch and invited the parties to suggest any others.”

“Having considered all possible remedies and having ruled them out for sound reasons, the court did not abuse its discretion in dismissing appellant’s case.”

Filed 5/4/15 Hamilton v. Yates CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

PAUL C. HAMILTON, F069608 Plaintiff and Appellant, (Super. Ct. No. 10CECG03520) v.

JAMES A. YATES et al., OPINION Defendants and Respondents.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kristi Culver Kapetan, Judge. Paul C. Hamilton, in pro. per., for Plaintiff and Appellant. Kamala D. Harris, Attorney General, Jonathan L. Wolf, Assistant Attorney General, Vickie P. Whitney and Tyler V. Heath, Deputy Attorneys General, for Defendants and Respondents. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Poochigian, J.

INTRODUCTION Appellant Paul C. Hamilton is a California inmate incarcerated at San Quentin State Prison serving a life term. In September 2010, he filed a civil lawsuit against several named defendants regarding events that occurred while he was incarcerated at Pleasant Valley State Prison. Appellant failed to appear in court on May 6, 2013, the first scheduled trial date. The trial date was ultimately continued to April 21, 2014. Appellant appeared by phone. The court considered the various options for bringing the case to trial as described in Wantuch v. Davis (1995) 32 Cal.App.4th 786 (Wantuch), but concluded that there was no practical, feasible way of conducting a jury trial in Fresno or at San Quentin. The court then granted defendants’ motion to dismiss the action. Appellant appeals. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Appellant, now a 66-year-old inmate at San Quentin State Prison who is serving a life term, brought a civil action for alleged excessive force and violation of his rights under the Eighth Amendment of the United States Constitution and Civil Code section 52.1. Several defendants were named. Subsequently, appellant dismissed one defendant and the court granted summary judgment as to several others, leaving defendants Cabral, Maldonado and Valadez. Respondents timely requested a trial by jury. Appellant did not appear at the May 3, 2013, trial readiness conference or at the original trial date of May 6, 2013. The trial court denied defendants’ motion to dismiss under Code of Civil Procedure section 581, subdivision (b)(5), but the court did set the case for an order to show cause regarding dismissal for June 18, 2013 and, by minute order, ordered the parties to address the following and present possible solutions allowing the trial to proceed:

Hamilton v. Yates CA5

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