Bonazza v. MUFG Bank, Ltd.
- Joseph Spero
- 3:23-cv-01161
- U.S. District Court · Northern District of California
- 2
In Bonazza v. MUFG Union Bank, Judge Spero denied Bonazza’s request for appointed counsel without prejudice.
Michael Alan Bonazza’s request for court-appointed counsel was denied without prejudice; the court stated that he may renew the request at a later stage of the case.
What happened
In Bonazza v. MUFG Union Bank, Michael Alan Bonazza asked the court to appoint a lawyer after filing a motion titled “Motion to Continue to Trial Uninterrupted.”
The court explained that civil litigants generally have no right to appointed counsel. It had already found that Bonazza qualified for help with filing fees, but the court could not yet determine whether exceptional circumstances justified appointing a lawyer.
Judge Spero denied Bonazza’s request for appointed counsel without prejudice, allowing him to renew the request later in the case.
The detailed version
- Bonazza v. MUFG Bank, Ltd. · No. 3:23-cv-01161
- Joseph Spero
- July 5, 2023
Background
Michael Alan Bonazza filed a motion titled “Motion to Continue to Trial Uninterrupted.” The court construed that motion as a request for appointment of pro bono counsel.
Legal standard
The court stated that there is no general right to a lawyer in a civil case. Under 28 U.S.C. § 1915(e)(1), however, the court may appoint counsel for a person who cannot afford a lawyer when “exceptional circumstances” exist. The analysis considers both the likelihood of success on the merits and the person’s ability to explain their claims without a lawyer in light of the complexity of the legal issues.
The court had already determined that Bonazza qualified for assistance with filing fees, satisfying the financial-need requirement. The remaining question was whether exceptional circumstances supported appointing counsel.
Ruling
The court said that, at this early stage, it was unclear whether Bonazza had stated any viable claims, whether those claims had substantive merit, or whether the legal and factual issues were complex enough to warrant appointed counsel. Judge Joseph C. Spero therefore denied the motion for appointment of counsel without prejudice to Bonazza renewing the request later in the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.