Department 58

Hearing Date: April 11, 2024

Case Name: McMillan v. Charter Spectrum

Case No.: 23STCV08510

Matter: Application to be Admitted Pro Hac Vice

Moving Parties: Defendant Charter Communications, LLC

Responding Party: Unopposed

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

Defendant Charter Communications, LLC moves for an order granting the admission of Amanda Hettinger to appear on its behalf pro hac vice. The Court grants the application.

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 declaration complies with the California Rule of Court 9.40(d)(1)-(6).

Amanda Hettinger represents that she has not regularly engaged in substantial business, professional, or other activities in California. (Hettinger Decl., ¶ 2(a).) Further, Hettinger resides in Missouri. (Hettinger Decl., ¶ 2(b).) Finally, she has never been suspended or disbarred in any court and has not appeared pro hac vice in any other California-based lawsuits in the preceding three years, except for a single case (Gil Melili v. Charter Communications Operating, LLC d/b/a/ Spectrum, 2:23-cv00282-SPG-JPR). (Hettinger Decl., ¶ 2(d), (f).)

Attorney Hettinger submits a copy of the receipt for the $50.00 check submitted to the State Bar of California for the pro hac vice fee. (Hettinger Decl., ¶ 3, Ex. 1.)

It is not clear that the State Bar of California had notice of this hearing; the State Bar is not included on any of the proofs of service. Attorney Hettinger is directed to notify the State Bar of the ruling on her application.

Accordingly, the Court grants the Application of counsel, Amanda Hettinger, to appear on behalf of Defendant pro hac vice.