Questão jurídica principal
Whether the refusal of legal aid was arbitrary because the cantonal court relied on the wrong factual background when assessing chances of success.
Decisão extraída
Yes. The cantonal court attributed the wrong appeal file to the case at hand and evaluated the prospects of the action on an incorrect factual basis, which was arbitrary.
Fundamentação extraída
The factual setting of CO 10.042438 differed from the other four actions; the court should have matched the correct appeal with the correct proceeding. By failing to do so, it assessed the chances of success on irrelevant facts.