Department 58

Hearing Date: December 20, 2022

Case Name: Anthem Blue Cross Life and Health Insurance Company v. SAG-AFTRA Health Plan et al.

Case No.: 22STCP04084

Matter: Application to be Admitted Pro Hac Vice

Moving Parties: Respondent SAG-AFTRA Health Plan

Responding Party: Unopposed

Tentative Ruling: The Court grants the Application to be admitted pro hac vice.

Background

This is a petition to consolidate arbitration proceedings. Anthem Blue Cross Life and Health Insurance Company (Petitioner) moves to consolidate two arbitration proceedings: between Petitioner and Cedars-Sinai Medical Center (Cedars) and Petitioner and SAG-AFTRA Health Plan (SAG). The proceedings concern care provided by Cedars to a member of SAG of at least $4.3 million. SAG reportedly paid $500,000 to Cedars, but $3.8 million remain outstanding. Petitioner asserts that it is acting as the “middleman” between Cedars and SAG regarding this payment dispute.

Respondent SAG moves for an order granting the admission of Peter D. DeChiara to appear on its behalf pro hac vice. The Court grants the motion.

Legal Standard

An attorney in good standing in another jurisdiction may apply to appear as counsel pro hac vice in the State of California by filing a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee. The attorney cannot be a resident of California, employed in the state, or regularly engage in substantial business, professional, or other activities in the state. (Cal. Rules of Court, rule 9.40(a)(1)-(3), (c)(1).)

The written application must state: (1) the applicant’s residence and office address; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member in good standing in those courts; (4) that the applicant is not currently suspended or disbarred in any court; (5) the title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and (6) the name, address, and telephone number of the active member of the State Bar of California who is attorney of record in the local action. (Cal. Rules of Court, rule 9.40(d)(1)-(6).)

Discussion

The provided declarations comply with the California Rule of Court 9.40(d)(1)-(6). Mr. DeChiara avers that he has not regularly engaged in substantial business, professional, or other activities in California. (DeChiara Decl., ¶ 5.) He resides and works in New York. (Id. at ¶ 2.) Finally, he has not been suspended or disbarred in any court and has not appeared pro hac vice in any other California-based lawsuits. (Id. at ¶¶ 3-4.)

Mr. DeChiara submits a copy of the $50.00 check submitted to the State Bar of California for the pro hac vice fee and which includes notice of this hearing. (Id. at ¶ 7, Ex. A.)

Accordingly, the Court grants the Application of counsel, Peter D. DeChiara, to appear on behalf of Respondent pro hac vice.