Judge: Cherol J. Nellon, Case: 24STCV21616, Date: 2025-01-16 Tentative Ruling

Case Number: 24STCV21616    Hearing Date: January 16, 2025    Dept: 14

#9

Case Background

This is an action for fraudulent concealment, common law misappropriation of likeness, violation of Civ. Code, section 3344, conversion, negligent misrepresentation, fraudulent misrepresentation, and unjust enrichment. Plaintiffs allege that Defendants used photographs of their wedding for commercial purposes without their consent.

On August 23, 2024, Plaintiffs Clayton Early and Michael Dailey filed their Complaint against Defendants The Knot Worldwide, Inc. (The Knot), Penguin Random House, LLC (Penguin), Amazon.com, Inc. (Amazon), Target Corporation (Target), Walmart, Inc. (Walmart), A.C. Vroman, Inc. (Vroman), and Barnes & Noble Booksellers (Barnes & Noble), Inc.

On November 12, 2024, Plaintiff filed a First Amended Complaint (FAC).

On November 22, 2024, Defendants Penguin, Amazon, Walmart, Vroman, and Barnes & Noble filed this application for Lynn B. Oberlander to appear pro hac vice.

Instant Pleading

Lynn B. Oberlander applies for permission to appear pro hac vice on behalf of Defendants.

Decision

The application is GRANTED. Counsel Oberlander has complied with California Rules of Court Rule 9.40.

Discussion

Oberlander attests to her residence address and her office address, which are both in New York. (Oberlander Decl., ¶ 1.) She attests to all the courts she has been admitted to (with dates of admission), that she is in good standing with the State Bar of New York, and that she is not currently suspended or disbarred from practice in any court. (Id. at ¶¶ 3-5.) Oberlander submits the name and address of the active California State Bar member with whom she is associated. (Id. at ¶ 7.) She also attests that she has applied to appear as counsel pro hac vice once in the state court of California in the last two years. (Id. at ¶6.) Further, the requisite fee was sent to the State Bar of California, and the Notice of Hearing and the instant application were served on all interested parties and on the State Bar of California. (Id. at ¶ 8; POS.)

Conclusion

The application is GRANTED. Counsel Oberlander has complied with California Rules of Court Rule 9.40.