State Farm Life Insurance Company v. Cai et al

Filing 80

Order by Hon. Lucy H. Koh denying 78 Motion to Appoint Counsel.(lhklc1, COURT STAFF) (Filed on 2/6/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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STATE FARM LIFE INSURANCE
COMPANY,

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Plaintiff,
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v.
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JASON CAI and THE ESTATE OF YING
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DENG, Deceased,
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Defendants.
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CINDY PRESS, as Special Administrator of the )
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Estate of Ying Deng,
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Cross-Claimant,
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v.
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JASON CAI,
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Cross-Defendant.

Case No.: 09-CV-00396-LHK
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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On January 28, 2013, Defendant Jason Cai (“Cai”) filed a motion requesting that the Court
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appoint counsel for Mr. Cai in this case. ECF No. 78. Mr. Cai is currently incarcerated. Mr. Cai
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contends that, without counsel, he lacks sufficient understanding of the law to adequately present a
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defense in this civil action. In this action, the parties seek an adjudication as to whether certain
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insurance proceeds should be paid to Mr. Cai or to the Estate of Ying Deng (which is represented
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by Cross-Claimaint Cindy Press).
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Case No.: 09-CV-00396-LHK
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL

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In general, a party in a civil action does not does not have a constitutional right to the

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appointment of counsel. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009); Storseth v. Spellman,

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654 F.2d 1349, 1353 (9th Cir.1981). The Court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1), but it will do so only if exceptional circumstances exist.

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Palmer, 560 F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.1981).

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In March of 2011, the Court requested counsel for Mr. Cai. See ECF No. 60. Specifically,

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the Court referred Mr. Cai to the Federal Pro Bono Project. See id. The Court understands that the

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Federal Pro Bono Project, despite great effort, has been unable to obtain counsel for Mr. Cai since

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March 2011. The Court has no other means of obtaining counsel for Mr. Cai. Accordingly, Mr.

United States District Court
For the Northern District of California

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Cai’s motion for appointment of counsel is DENIED.

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IT IS SO ORDERED.

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Dated: February 6, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 09-CV-00396-LHK
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL