Judge: Daniel M. Crowley, Case: 22STCV21392, Date: 2022-12-21 Tentative Ruling

Case Number: 22STCV21392    Hearing Date: December 21, 2022    Dept: 28

Pro Hac Vice Application

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed. 

BACKGROUND 

On June 30, 2022, Plaintiff Yenok Khdryan (“Plaintiff”) filed a complaint for damages against ADT Corporation, LLC, and Larean Spires (collectively “Defendants”) alleging four causes of action: (1) negligence; (2) motor vehicle negligence; (3) statutory liability; and (4) vicarious liability. The complaint arises from an alleged car collision between Plaintiff and Defendant Spires that caused injuries to Plaintiff.

            On November 14, 2022, Defendants filed an application to admit Dan J. Gendreau as counsel pro hac vice.

Trial is set for December 28, 2023.

PARTY’S REQUESTS 

Dan J. Gendreau seeks to be admitted before the Court pro hac vice to represent Defendants ADT LLC (incorrectly named as ADT Corporation, LLC) and Larean Spires.

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(d).)

DISCUSSION 

                Defendants submitted Dan J. Gendreau’s verified application together with Declarations of Dan J. Grendreau and Colleen A. Deziel. Defendant’s application is GRANTED after finding the following.

            First, the application’s proof of service complies with Cal. Rules of Court, rule 9.40(c)(1) because it shows that all parties who have appeared in the case and the State Bar of California at its San Francisco office were served a copy of the application and notice of hearing.

            Second, the application includes proof of payment of the $50.00 fee under Cal. Rules of Court, rule 9.40(e). (Deziel Decl. ¶ 5; Exh. “A”.)

            Third, the application includes the required information under Cal. Rules of Court, rule 9.40(d). (Gendreau Decl.)

CONCLUSION 

            Defendants’ application that Dan J. Gendreau be admitted as counsel in this action pro hac vice is GRANTED.

Defendants are ordered to give notice of this ruling. 

Defendants are 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.