Judge: Daniel M. Crowley, Case: 22STCV20251, Date: 2022-12-20 Tentative Ruling
Case Number: 22STCV20251 Hearing Date: December 20, 2022 Dept: 28
Plaintiff Jeffrey Wittek’s
Application for Pro Hac Vice Admission of Stephen K. Lewis
Having
considered the moving papers, the Court rules as follows.
BACKGROUND
On
June 21, 2022, Plaintiff Jeffrey Wittek (“Plaintiff”) filed this action against
Defendants David Dobrik (“Dobrik”), David Dobrik, LLC (“Dobrik, LLC”) and Dirt
Gear Co., LLC (“Dirt”) for general negligence and intentional tort.
On
September 21, 2022, Dobrik and Dobrik LLC filed an answer. On October 26, 2022,
the Court dismissed Dirt, without prejudice, pursuant to Plaintiff’s request.
On
September 22, 2022, Plaintiff filed an application for Pro Hac Vice Admission
of Stephen K. Lewis, to be heard on November 16, 2022.
Trial is currently set for August 4,
2023.
PARTY’S REQUESTS
Plaintiff
requests the Court admit Stephen K. Lewis, 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
Lewis
is in good standing in Nevada and will be associated with California attorney John
R. Ramirez. He is not regularly employed in California and does not regularly
engage in substantial business, professional, or other activities in the State
of California.
Lewis
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. Plaintiff submitted proof of
service on all parties.
Plaintiff has not submitted proof of service
on the California State Bar, or proof of payment. The Court grants the motion,
conditional upon Counsel providing proof of payment and service.
CONCLUSION
Plaintiff
Jeffrey Wittek’s Application
for Pro Hac Vice Admission of Stephen K. Lewis is GRANTED, conditional upon
Plaintiff submitting proper proof of payment and service on the California
State Bar.
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.