Supreme Court of California

In an action involving prisoner rights, court of appeal's dismissal of plaintiff's appeal as untimely is reversed and remanded where: 1) the prison-delivery rule properly applies to notices of appeal filed by incarcerated self-represented litigants in civil cases, as nothing in the plain language of the California Rules of Court prohibits it and there is no evidence of any intention on the part of the Judicial Council to restrict the prison-delivery rule to criminal appeals; and 2) a notice of appeal by a self-represented prisoner in a civil case is deemed filed as of the date the prisoner properly submits the notice to prison authorities for forwarding to the superior court.

Appellate Information

• Decided 04/23/2009
• Published 04/23/2009

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Peter Silverbrand, in pro. per., Horvitz & Levy, under appointment by the Supreme Court, David S. Ettinger and John A. Taylor, Encino, for Plaintiff and Appellant., Eisenberg and Hancock, Jon B. Eisenberg, Oakland, Charles A. Bird, San Diego, Jay-Allen Eisen, Sacramento, Dennis A. Fischer, Santa Monica, Steven L. Mayer, San Francisco, Douglas R. Young, San Francisco, and Michael Traynor, for California Academy of Appellate Lawyers as Amicus Curiae on behalf of Plaintiff and Appellant., Clare Pastore, Los Angeles;  Heller Ehrman, Stephen N. Goldberg, Los Angeles, and Jesse P. Sisgold, for American Civil Liberties Union of Southern California as Amicus Curiae on behalf of Plaintiff and Appellant., Dunn Koes, Pamela E. Dunn and Daniel J. Koes, for Los Angeles County Bar Association as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Thever & Associates, Ronald A. Chavez, Los Angeles;  Pollak, Vida & Fisher and Daniel P. Barer, Los Angeles, of Defendants and Respondents.