Doe v. Superior Court (Polanski)

In Doe v. Superior Court (Polanski) (1990) 222 Cal. App. 3d 1406, the Court of Appeal did not disagree with the cases that authorize dismissal of a fugitive's criminal appeal, but merely distinguished such cases from the right to defend against a lawsuit brought by another party: "The plaintiff's reliance on disentitlement doctrine cases is misplaced. In each, the relevant proceeding was initiated by the fugitive. In the matter before us, it was the plaintiff who initiated the lawsuit, bringing Polanski into the civil arena of the California court system. Having appeared to defend himself, Polanski does not seek relief in his own right; rather, he merely seeks the opportunity to be heard and present any defenses he may have to the plaintiff's causes of action." ( Polanski, supra, 222 Cal. App. 3d at p. 1409.)