Judge: Daniel M. Crowley, Case: 21STCV18083, Date: 2022-09-07 Tentative Ruling
Case Number: 21STCV18083 Hearing Date: September 7, 2022 Dept: 28
Defendants Livanova Deutschland, GMBH and Livanova Holding USA, Inc.’s Application for Pro Hac Vice Admission of M. Joseph Winebrenner
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 13, 2021, Plaintiffs Estate of Manuel Marroquin (“Estate”), Miriam Marroquin (“Miriam”) and Belveth Merroquin (“Belveth”) filed this action against Defendants Livanova Deutschland, GMBH (“LD”), Livanova Holding USA, Inc. (“LH”), Kaiser Foundations Health Plan, Inc. (“KFHP”), Kaiser Foundation Hospitals (“KFH”), Southern California Permanente Medical Group, Inc. (“SCPMG”) and Helda Priscila Marroquin Molina (“Molina”) for strict products liability – design defect, strict products liability – manufacturing defect, strict products liability – failure to warn, negligence – products liability, medical negligence and survival action.
On July 21, 2021, LD and LH filed an answer.
On July 26, 2022, the Court dismissed KFHP, KFH and SCPMG, with prejudice, pursuant to Plaintiff’s request.
On August 9, 2022, LD and LH (“Moving Defendants”) filed an application for Pro Hac Vice Admission of M. Joseph Winebrenner, to be heard on September 7, 2022.
Trial is currently set for June 28, 2023.
PARTY’S REQUESTS
Moving Defendants request the Court admit M. Joseph Winebrenner, 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
Winebrenner is in good standing in Minnesota and will be associated with California attorney, Karen M. Firstenberg. He is not regularly employed in California and does not regularly engage in substantial business, professional, or other activities in the State of California.
Winebrenner 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. Moving Defendants submitted proof of service on parties who have appeared.
Moving Defendants submitted proof of payment and proof of service on the state bar. As such, the Court grants the motion.
CONCLUSION
Defendants Livanova Deutschland, GMBH and Livanova Holding USA, Inc.’s Application for Pro Hac Vice Admission of M. Joseph Winebrenner 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.