Judge: Cynthia A Freeland, Case: 37-2023-00037998-CU-PO-NC, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00037998-CU-PO-NC BOYDEN VS HYUNDAI MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Appear Pro Hac Vice, 09/27/2023

Plaintiff Robert Boyden ('Plaintiff')'s application for an order admitting Jonathan P. Kieffer pro hac vice is 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 ('CCP') § 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 application's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the court finds that Plaintiff has satisfied the substantive and procedural requirements of California Rules of Court, Rule 9.40 and is thus entitled to the requested relief.

In light of the foregoing, the court grants the application. The court will sign Plaintiff's proposed order.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 22, 2023.

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.

Calendar No.: Event ID:  TENTATIVE RULINGS

3024093 CASE NUMBER: CASE TITLE:  BOYDEN VS HYUNDAI MOTOR COMPANY [IMAGED]  37-2023-00037998-CU-PO-NC Calendar No.: Event ID:  TENTATIVE RULINGS

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