Baltayan v. Estate of Getemyan

Opinion

BOLAND, J.*

Introduction

Appellant Gagik Baltayan’s personal injury action was dismissed after he failed to comply with the trial court’s order requiring him to post an *1430undertaking pursuant to Code of Civil Procedure section 1030. Appellant argues that the undertaking should not have been required because respondent did not make a sufficient showing that it had a reasonable possibility of obtaining a defense verdict. He also argues that the trial court abused its discretion and violated appellant’s equal protection and substantive due process rights by failing to waive the undertaking…