Judge: Daniel M. Crowley, Case: 20STCV29343, Date: 2022-10-19 Tentative Ruling
Case Number: 20STCV29343 Hearing Date: October 19, 2022 Dept: 28
Defendant Kido Sports Co., LTD’s Application for Pro Hac Vice Admission of Brian Keith Gibson
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On August 4, 2020, Plaintiffs Doroteo Gonzales, Jr. (“Gonzales Jr.”) and Terry Gonzales (“Gonzales”) against Defendants Kido Sports Co., LTD (“Kido”), Scorpion Sports, Inc. (“Scorpion”) and Cycle Gear, Inc. (“Cycle”) for products liability.
On July 19, 2021, Kido filed an answer.
On September 3, 2021, Cycle filed an answer and a Cross-Complaint against Cross-Defendant Kido and Scorpion for equitable indemnity, apportionment of fault, contribution and declaratory relief. On October 4, 2021, Kido filed an answer.
On November 29, 2021, the Court dismissed Cycle, with prejudice, pursuant to Plaintiff’s request. On December 22, 2021, the Court dismissed Cycle’s Cross-Complaint, without prejudice, pursuant to Cycle’s request.
On September 21, 2022, Kido filed an application for Pro Hac Vice Admission of Brian Keith Gibson, to be heard on October 18, 2022.
Trial is currently set for October 19, 2022.
PARTY’S REQUESTS
Kido requests the Court admit Brian Keith Gibson, 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
Gibson is in good standing in New York and will be associated with California attorney Keith A. Sipprelle. He is not regularly employed in California and does not regularly engage in substantial business, professional, or other activities in the State of California.
Gibson filed an application to be admitted Pro Hac Vice, which included the following information: Gibson’s residential and office address, the courts that Gibson 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. Kido submitted proof of service on all parties, including the California State Bar, and has paid the bar.
Kido has satisfied all requirements, except for providing proof of payment on the California State Bar. The Court grants the motion, subject to Kido submitting proof of payment.
CONCLUSION
Defendant Kido Sports Co., LTD’s Application for Pro Hac Vice Admission of Brian Keith Gibson is GRANTED, conditioned upon Kido’s submission of proof of payment.
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.