California Court of Appeal

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Voit v. Superior Court (Montano), H037034

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In a writ challenge to a refusal by the court clerk to file defendant's civil motion for counsel on the grounds that defendant failed to cite precedent, petition is granted because the clerk's refusal denied defendant his constitutional right to access the courts where if a document is presented to the clerk's office for filing in a form that complies with the rules of court, the clerk's office has a ministerial duty to file it, even if the document contains defects.

Appellate Information

  • Decided 12/14/2011
  • Published 12/14/2011

Judges

  • Premo

Court

  • California Court of Appeal

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