Judge: Cynthia A Freeland, Case: 37-2023-00005945-CU-CR-NC, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Civil Rights Motion Hearing (Civil) 37-2023-00005945-CU-CR-NC FRYE VS. FORE THE LADIES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 12/14/2023

Defendant Maker Wine Company ('Defendant')'s motion to admit David E. Kawala pro hac vice is conditionally granted.

In general, '[n]o person shall practice law in California unless the person is an active licensee of the State Bar.' Cal. Bus. & Prof. Code § 6125. 'Rule 9.40 of the California Rules of Court creates a limited exception to this general rule by allowing attorneys from another jurisdiction who are not licensed to practice law in California to apply for court permission to participate as counsel in a particular case so long as the client has also retained a California law.' Big Lots Stores, Inc. v. Sup. Ct. of San Diego County (2020) 57 Cal. App. 5th 773, 778-779. See also Cal. R. Ct. 9.40(a). An individual seeking to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail under California Code of Civil Procedure § 1013a of a copy of the application and of the notice of hearing of the application upon all parties who have appeared in the case and on the State Bar of California at its San Francisco Office. See Cal. R. Ct. 9.40(c)(1). The 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 licensee 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 numbers of the active licensee of the State Bar of California who is attorney of record. See Cal. R. Ct. 9.40(d)(1)-(6). Additionally, the applicant 'must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar.' Cal. R. Ct. 9.40(e).

The court construes the lack of opposition by any interested party that has appeared in this case as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. However, the court finds that Defendant has not yet satisfied all procedural and substantive requirements set forth in California Rules of Court, Rule 9.40(d). Specifically, the motion fails to identify the title of the case in which Mr. Kawala was admitted on May 25, 2022 to practice pro hac vice in Los Angeles. See Kawala Decl., ¶ 5. Upon submission of a supplemental declaration addressing the foregoing, the court will find that Defendant is entitled to the requested relief.

In light of the foregoing, the court conditionally grants the motion contingent upon Defendant filing and serving a supplemental declaration, within seven (7) days of this hearing, identifying the title of the case in which Mr. Kawala was admitted on May 25, 2022 to practice pro hac vice in Los Angeles. The court will sign Defendant's proposed order upon receipt of the supplemental declaration. A Calendar No.: Event ID:  TENTATIVE RULINGS

3058377 CASE NUMBER: CASE TITLE:  FRYE VS. FORE THE LADIES LLC [IMAGED]  37-2023-00005945-CU-CR-NC courtesy copy of the supplemental declaration must be delivered directly to Department 27. If no such supplemental declaration is filed and served, then the motion will be deemed denied without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, January 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 12, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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