Judge: Christian R. Gullon, Case: 23PSCV01302, Date: 2023-08-23 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling.

Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.




Case Number: 23PSCV01302    Hearing Date: November 30, 2023    Dept: O

Tentative Ruling

 

NOTICE OF APPLICATION AND VERIFIED APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE OF MICHAEL J. KING is GRANTED.

 

Background

 

This is a contracts case. GILROY FOURSQUARE CHURCH, d/b/a FOOTHILLS FOURSQUARE CHURCH (“Gilroy Foursquare”), a California unincorporated association; and THE FOOTHILLS CHURCH OF GILROY (“Successor”), a California nonprofit corporation, as Successor in Interest (collectively, “Plaintiffs”) allege the following against Defendant CHRISTIAN COMMUNITY CREDIT UNION: In October 2022, Gilroy Foursquare disaffiliated from International Church of the Foursquare Gospel (“ICFG”). Thereafter, ICFG advised Gilroy Foursquare that it would seize all of Gilroy Foursquare’s assets and property. Plaintiffs believe, and therefore allege, the change to Plaintiffs’ Accounts with the Defendant were made by ICFG. Plaintiffs have made demand on the Defendant to remove the ICFG signors from Plaintiffs’ Accounts, but the Defendant has refused to restore Plaintiffs’ authorized signors to Plaintiffs’ Accounts.

 

On September 27, 2023, Plaintiffs filed suit for:


1.    
BREACH OF CONTRACT

2.    
BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING

3.    
BREACH OF FIDUCIARY DUTIES

4.    
DECLARATORY JUDGMENT and

5.    
INJUNCTIVE RELIEF

 

On October 20, 2023, a proof of service (POS) was filed indicating that Defendant was served via substituted service on 10/10/23.

 

On October 26, 2023, Plaintiffs filed the instant motion.

 

On November 27, 2023, a ‘STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY’ was filed.

 

Discussion

 

Michael J. King seeks to appear as counsel pro hac vice in this action on behalf of Plaintiffs. The sponsoring California counsel in this matter is Kathryn Greer, who is an active member in good standing with the State Bar of California.

 

Considering that the application comports with California Rules of Court, Rule 9.40, the court grants King’s application.

 

Conclusion

 

Based on the foregoing, the application is granted.