Department 58

Hearing Date: May 21, 2024

Case Name: Levings, Jr. v. Open Text Corporation

Case No.: 24STCV05440

Motion: Application to be Admitted Pro Hac Vice

Moving Party: Defendant Open Text Corporation

Responding Party: Unopposed

Tentative Ruling: The Court grants the Application to be Admitted Pro Hac Vice

Background

This is a civil rights/discrimination proceeding. On March 4, 2024, Plaintiff Daryl Levings, Jr. (“Plaintiff”) filed a Complaint against Defendant Open Text Corporation (“Defendant”) for Violation of California Invasion of Privacy (“CIPA”) – Penal Code section 638.51.

Defendant moves for an order granting the admission of James V. Garvey 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 Rules of Court, Rule 9.40(d)(1)-(6). Garvey resides at 451 East Grand Avenue, Unit 4202, Chicago, Illinois 60611. (Garvey Decl. ¶ 2.) Garvey’s office address is Vedder Price P.C., 222 North LaSalle Street, Suite 2600, Chicago, Illinois 60601. (Id.) Garvey has been admitted to practice before all courts in the State of Illinois since November 1994, is currently in good standing, and is not currently suspended or disbarred in any court. (Id., ¶¶ 3-4.) Garvey has appeared pro hac vice in the California-based lawsuit entitled Roy Rios v. Webroot Inc., Case No. B310399, in the Court of Appeal, Second Appellate District, Division 3 in the past two years. (Id., ¶ 5.) Garvey is not a resident of California and is not regularly engaged in substantial business, professional, or other activities in California. (Id., ¶ 7.) Garvey’s colleague and counsel of record in this matter, Marie E. Christiansen’s office address is 1925 Century Park East, Suite 1900, Los Angeles, California 90067, telephone number is (424)-204-7700, and State Bar No. 325352. (Id., ¶ 6.)

Garvey also submitted a copy of his application and confirmation of payment to the State Bar of California of $51.25 for the pro hac vice fee. (App. 3:7-11, Ex. A.)

Accordingly, the Court grants James V. Garvey’s Application to be Admitted Por Hac Vice.