Facts
The community of heirs [X.] rented the restaurant [G.] in Rorschach, including the innkeeper's apartment, to [H.] and [Y.] . The tenants renovated the rental object with the consent of the landlord. On March 12, 2010, [Y.] (plaintiff) sued the members of the community of heirs [X.] (defendants) before the District Court of Rorschach for payment of CHF 172,027.80. The plaintiff requested the definitive registration of the provisional builder's lien in the amount of CHF 87,027.65 and applied for free legal aid and representation.
The District Court rejected the application for free legal aid, as it considered the lawsuit to be without prospects of success. Upon appeal by the plaintiff, the Cantonal Court of St. Gallen overturned this decision and granted the plaintiff free legal aid. The defendants (appellants) file a complaint in civil matters with the requests to overturn the decision of the Cantonal Court of St. Gallen and to reject the plaintiff's application for free legal aid.
Considerations
The Federal Court examines ex officio and with free cognition whether and to what extent a complaint can be considered. The contested decision of the Cantonal Court regarding the granting of free legal aid was made in the context of a civil proceeding with a dispute value of over CHF 30,000.--.
The Federal Court bases its judgment on the facts established by the lower court. New facts and evidence may only be presented to the extent that the decision of the lower court gives rise to it. The Federal Court overturns a decision, however, only if not only the reasoning but also the outcome is unconstitutional.
The Cantonal Court stated that with the overturning of the decision of November 12, 2010, by the Federal Court, the appeal procedure is again in the status quo ante and is therefore to be continued in accordance with Art. 404…