Department 58

Hearing Date: January 18, 2024

Case Name: Dashtizadeh v. Consumer 2.0, Inc.

Case No.: 23STCV23666

Matter: Application to be Admitted Pro Hac Vice

Moving Parties: Defendant Consumer 2.0, Inc.

Responding Party: Unopposed

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

Defendant Consumer 2.0, Inc. moves for an order granting the admission of Timothy Hutchinson and John V. Matson to appear on its behalf pro hac vice. The Court grants the applications.

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). Hutchinson and Matson both represent that they have not regularly engaged in substantial business, professional, or other activities in California. (Hutchinson Decl., ¶ 2; Matson Decl., ¶ 2.) Further, Hutchinson and Matson both reside and work in Nebraska. (Hutchinson Decl., ¶ 2; Matson Decl., ¶ 2.) Finally, neither attorney has ever been suspended or disbarred in any court and neither has appeared pro hac vice in any other California-based lawsuits in the preceding two years. (Hutchinson Decl., ¶¶ 4-5; Matson Decl., ¶¶ 4-5.)

Both attorneys submit a copy of the receipt for the $50.00 check submitted to the State Bar of California for the pro hac vice fee. (Hutchinson Decl., ¶ 8, Ex. B; Matson Decl., ¶ 8, Ex. B.)

Accordingly, the Court grants the Application of counsel, Timothy Hutchinson and John V. Matson, to appear on behalf of Defendant pro hac vice.