Baltayan v. Estate of Getemyan

JOHNSON, J., Concurring.

I agree with the result of the majority in finding the trial court abused its discretion in dismissing appellant’s case. But I support a broader rationale for that result and write separately to explain why, in my view, the trial court lacks discretion to impose a Code of Civil Procedure section 1030 security deposit requirement on appellant, once the judge determines appellant is financially qualified for that in forma pauperis status and possesses a nonfrivolous claim. At that point, appellant has a right to proceed without posting a security deposit or paying fees,…