Judge: Daniel M. Crowley, Case: 21STCV13675, Date: 2022-10-27 Tentative Ruling
Case Number: 21STCV13675 Hearing Date: October 27, 2022 Dept: 28
Defendants Uber Technologies, Inc. and Rasier-CA, LLC’s Application for Pro Hac Vice Admission of Elizabeth C. Christen and Tracy Gregar Ferak
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On April 9, 2021, Plaintiffs Antonio Gonzalez ("Antonio”), Rodner Gonzalez-Gonzalez (“Rodner”) and Santa Gonzalez-Gonzalez (“Santa”) filed this action against Defendants Oscar Mendez-Luiz (“Mendez-Luiz”) and Angel Rosales (“Rosales”) for motor vehicle negligence, general negligence and wrongful death. Plaintiff later amended the complaint to include Defendants Hayk Arakelyan (“Arakelyan”), Uber Technologies, Inc. (“Uber”), Rasier-CA, LLC (“Rasier”) and Anna Saghatelyan (“Saghatelyan”).
On July 9, 2021, Rosales filed an answer and a Cross-Complaint against Cross-Defendant Mendez-Luiz for implied indemnity, contribution and apportionment, declaratory relief and negligence.
On January 3, 2022, Mendez-Luiz filed an answer. On April 29, 2022, Uber and Rasier filed an answer. On June 9, 2022, Arakelyan filed an answer. On September 14, 2022, Saghatelyan filed an answer.
On March 18, 2022, the Court dismiss Antonio, with prejudice.
On July 18, 2022, Uber and Rasier filed a Cross-Complaint against Cross-Defendant Mendez-Luiz for implied indemnity, contribution and declaratory relief. On August 17, 2022, Mendez-Luiz filed an answer.
On August 17, 2022, Mendez-Luiz filed a Cross-Complaint against Cross-Defendant Uber and Rasier for comparative indemnity, contribution and declaratory relief.
On October 3, 2022, Uber and Rasier (“Moving Defendants”) filed applications for Pro Hac Vice Admission of Elizabeth C. Christen and Tracy Gregar Ferak, to be heard on October 27, 2022.
Trial is currently set for January 12, 2023.
PARTY’S REQUESTS
Moving Defendants request the Court admit Elizabeth C. Christen and Tracy Gregar Ferak, 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
Christen and Ferak are in good standing in Illinois and will be associated with California attorney Bruce Jones. They are not regularly employed in California and does not regularly engage in substantial business, professional, or other activities in the State of California.
Christen and Ferak filed applications to be admitted Pro Hac Vice, which included the following information: their residential and office address, the courts that they are admitted to (along with dates of admissions), assurance they are 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. Moving Defendants submitted proof of service on all parties, including the California State Bar.
Moving Defendants did not attach proof of payment to the California State Bar. The Court grants the motion, subject to Moving Defendants submitting proof of payment.
CONCLUSION
Defendants Uber Technologies, Inc. and Rasier-CA, LLC’s Application for Pro Hac Vice Admission of Elizabeth C. Christen and Tracy Gregar Ferak 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.