Judge: Curtis A. Kin, Case: 23STCP02326, Date: 2023-11-07 Tentative Ruling

Case Number: 23STCP02326    Hearing Date: November 7, 2023    Dept: 82

APPLICATION FOR PRO HAC VICE ADMISSION

Date:               11/7/23 (9:30 AM)

Case:                           Lawrence L. Welk, Jr. v. Vanowen Genpar, LLC et al. (23STCP02326)

TENTATIVE RULING:

The Court requests clarification on whether the application is filed with respect to petitioner Lawrence L. Welk, Jr., as opposed to Lynn Welk. In the notice of motion, Lynn Welk is applying for attorneys Thomas J. Fleming and Theodore J. Hawkins to be admitted to the Court pro hac vice and to appear as counsel for Lynn Welk. (Notice of Application at 2:2-7.) Attorneys Fleming and Hawkins also declare that they are counsel for Lynn Welk. (Fleming Decl. ¶ 1; Hawkins Decl. ¶ 1.) Lynn Welk is not a party to this case.

Attorney Timothy D. McGonigle, who filed the instant petition for writ of mandamus on behalf of Lawrence L. Welk, Jr., shall clarify at the hearing on this matter whether the application is filed on petitioner Lawrence L. Welk, Jr. So long as attorney McGonigle clarifies that the application is filed with respect to Lawrence L. Welk, Jr. and no opposition to the application is received or made prior to or during the scheduled hearing on this matter, the Court will rule as follows:

The UNOPPOSED application of petitioner Lawrence L. Welk, Jr. for Thomas J. Fleming and Theodore J. Hawkins to appear as counsel pro hac vice in this action on behalf of petitioner is GRANTED, subject to payment of an additional $500 in filing fees, as described further below.

The Court finds that the application complies with all requirements of Rule of Court 9.40 and that applicants provided sufficient proof of service on the State Bar and payment of the requisite fees to the State Bar.

Petitioner, however, did not pay a separate filing fee for each counsel that seeks pro hac vice admission. The filing fee required by Government Code § 70617(e)(1) concerning applications to appear pro hac vice applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at a single hearing or at separate hearings.” (Gov. Code § 70617(f).) Because two attorneys seek pro hac vice admission, payment of two filing fees of $500 was required. Only one filing fee of $500 was paid; $500 remains due.

Within five (5) court days hereof, petitioner Lawrence L. Welk, Jr. is ordered to pay an additional $500 to cover the one additional attorney that this application concerns. If petitioner does not pay the fee within the stated deadline, the order granting pro hac vice admission shall apply only to Thomas J. Fleming and the application for admission by Theodore J. Hawkins will be deemed Denied.