Judge: Daniel M. Crowley, Case: 20STCV26620, Date: 2022-12-15 Tentative Ruling

Case Number: 20STCV26620    Hearing Date: December 15, 2022    Dept: 28

Plaintiff Michael Dew’s Application for Pro Hac Vice Admission of Christopher E. Stoy

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

BACKGROUND

On December 4, 2019, Plaintiff Michael Dew (“Plaintiff”) filed this action against Defendants Harald Dobmayer (“Dobmayer”), Enterprise Holdings, Inc. (“EH”) and Enterprise Rent A Car Company of Los Angeles, LLC (“ERAC”) for negligence.

On May 19, 2021, Dobmayer filed an answer. On February 1, 2022, the Court dismissed ERAC, without prejudice. On November 30, 2022, EH was dismissed, without prejudice.

On November 18, 2022, Plaintiff filed an application for Pro Hac Vice Admission of Christopher E. Stoy, to be heard on November 16, 2022.

Trial is currently set for August 4, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court admit Christopher E. Stoy, 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

Stoy is in good standing in Texas and will be associated with California attorney Steven C. Vosseller. He is not regularly employed in California and does not regularly engage in substantial business, professional, or other activities in the State of California.

Stoy filed an application to be admitted Pro Hac Vice, which included the following information: her 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. Plaintiff submitted proof of service on all parties.

Plaintiff submitted a supplemental declaration explaining that counsel does not need to submit an additional fee—he has already had his application approved, but merely forgot to pay the local renewal fee prior to the renewal date. The Court grants the motion.

CONCLUSION

Plaintiff Michael Dew’s Application for Pro Hac Vice Admission of Christopher E. Stoy 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.