Judge: Daniel M. Crowley, Case: 21STCV02108, Date: 2022-08-09 Tentative Ruling
All parties are
urged to meet and confer with all parties concerning this tentative ruling to
see if they can reach an agreed-upon resolution of their matter. If
you are able to reach an agreement, please notify the courtroom staff in
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Case Number: 21STCV02108 Hearing Date: August 9, 2022 Dept: 28
Defendant Medtronic, Inc.’s Application for Pro Hac Vice Admission of Daniel I.A. Smulian
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On January 19, 2021, Plaintiffs Estate of Robert Gregory Comatov, by and through his successor in Interest, Denna Comatov (“Estate”) and Denna Comatov (“Comatov”) filed this action against Defendants Keck Hospital of USC (“USC”) and Armin Kiankhooy, M.D. (“Kiankhooy”) for negligence (medical malpractice) and survivors claims.
On December 6, 2021, Plaintiffs filed the First Amended Complaint, adding Defendant Medtronic, Inc. (“Medtronic”) and causes of action for strict liability and negligence.
On June 29, 2022, Plaintiffs filed the Second Amended Complaint.
On June 5, 2022, Medtronic filed a demurrer. On July 20, 2022, Kiankhooy and USC filed an answer.
On August 1, 2022, Medtronic filed an application for Pro Hac Vice Admission of Daniel I.A. Smulian, to be heard on August 23, 2022. The Court shortened the time to the hearing to August 9, 2022.
Trial is currently set for April 20, 2023
PARTY’S REQUESTS
Medtronic request the Court admit Daniel I.A. Smulian, 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
Smulian is in good standing in New York and Georgia and will be associated with California attorney Richard Tabura. He is not regularly employed in California and does not regularly engage in substantial business, professional, or other activities in the State of California.
Smulian filed an application to be admitted Pro Hac Vice, which included the following information: Smulian’s residential and office address, the courts that Smulian 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.
Tabura's declaration states that the State Bar has been served and paid the applicable fee but does provide proof of payment or service. The declaration specifically notes that this service is reflected in the attached proof of service; the provided proof of service only shows service on parties to the motion. As such the Court will continue the motion to allow moving party to submit proof of service and payment to the California State Bar.
CONCLUSION
Defendant Medtronic, Inc.’s Application for Pro Hac Vice Admission of Daniel I.A. Smulian is CONTINUED to August 10, 2022 at 1:30 p.m. in Dept. 28. Proof of service on and payment to the California State Bar must be filed with a courtesy copy hand delivered to the court before the hearing.
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.