Willis v. Superior Court

PULLEN, P. J.

The petitioner, Alio Willis, a minor, by her guardian

ad litem,

commenced an action in the Superior Court of Mendocino County for personal injuries sustained by her while a passenger in the automobile of the defendant named.

Thereafter petitioner sought leave of the court to further prosecute the action

in forma pauperis.

From an order denying permission to so prosecute, petitioner, by this writ of mandate, seeks to gain such right. That courts of this state have the power to remit the payment of fees is well established.

(Martin

v.

Superior Court,

176 Cal. 289 [168 Pac. 135, L. R. A. 1918B, 313];

Watt

v.

Superior Court,

35 Cal. App. 330 [169 Pac. 916];

Hammond

v.

Justice’s Court,

37 Cal. App. 506 [174 Pac. 69].) In fact, such right is not disputed by the respondents herein, but they base their objection to the granting of the request in this instance in that petitioner herein has not made a sufficient showing of her inability to entitle her to such an order.

The application to the trial court being based entirely upon affidavits, let us examine the facts so presented upon behalf of petitioner in support of the motion.

Alio Willis, the petitioner, sets forth in her affidavit that she is a minor, and that she has no money, property, assets, credit, means or ability with which to pay the legal fees or charges necessary to further prosecute the action, and by reason of her poverty will be unable to proceed unless permitted to do so

in forma pauperis.

She also declares that she is the only one interested in the successful prosecution of the action, and no part or interest in any judgment which may be obtained in this proceeding is owned by anyone other than herself.