Judge: Daniel M. Crowley, Case: 19STCV24133, Date: 2022-08-11 Tentative Ruling

Case Number: 19STCV24133    Hearing Date: August 11, 2022    Dept: 28

Defendants Wilfredo Vega and ADT LLC’s Application for Pro Hac Vice Admission of Scott D. Festin

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On July 11, 2019, Plaintiff Valerie Brugueras (“Plaintiff”) filed this action against Defendants Wilfredo Vega (“Vega”) and ADT Security Services, Inc. (“ADT SS”) for negligence. Plaintiff later amended the complaint to include Defendant ADT LLC (“ADT”).

On May 14, 2021, Vega filed an answer. On September 24, 2021, ADT SS was dismissed, without prejudice, pursuant to Plaintiff’s request. On February 14, 2022, ADT filed an answer.

On May 16, 2022, Defendants filed an application for Pro Hac Vice Admission of Scott D. Festin, to be heard on August 11, 2022.

Trial is currently set for February 1, 2023.

PARTY’S REQUESTS

Defendants request the Court admit Scott D. Festin, pro hac vice.

LEGAL STANDARD

California Rule of Court, rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear as counsel pro hac vice in the State of California by filing a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of California.

The application must state: (1) the applicant’s residence and office addresses; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member 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 number of the active member of the State Bar of California who is attorney of record in the local action.  (Cal. Rules of Court, rule 9.40, subd. (d).)

DISCUSSION

Festin is in good standing in Minnesota and will be associated with California attorney Colleen A. Deziel. He is not regularly employed in California and do not regularly engage in substantial business, professional, or other activities in the State of California.

Festin filed an application to be admitted Pro Hac Vice, which included the following information: his residential and office address, the courts that he is admitted to (along with dates of admissions), assurance he is in good standing, a record of all California pro hac vice appearances in the last two years, and information on the local attorney of record. Defendants submitted proof of service on parties who have appeared.

Defendants submitted proof of payment, which also indicates proof of submission. As such, the Court grants the motion.

CONCLUSION

Defendants Wilfredo Vega and ADT LLC’s Application for Pro Hac Vice Admission of Scott D. Festin is GRANTED.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.