Judge: Daniel M. Crowley, Case: 23SMCV00316, Date: 2023-03-20 Tentative Ruling

Case Number: 23SMCV00316    Hearing Date: March 20, 2023    Dept: 207

Background

Plaintiff The Nacelle Company, LLC (“Plaintiff”) brings this action for breach of contract, negligent misrepresentation, and fraud, stemming from a purported agreement with Defendants to develop and pitch a modern television series reviving the SilverHawks television series which originally aired in the 1980s. Plaintiff brings two applications for Jenna L. Harris and Chris L. Vlahos to appear as its counsel pro hac vice in this action. These applications are unopposed and are addressed together by the Court.

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).)

Analysis

The Court finds the applications satisfy the requirements of California Rule of Court, rule 9.40(d). Plaintiffs have submitted proofs of service showing both applications have been served by mail on the State Bar of California at its San Francisco office. The Court notes both counsel have only been admitted pro hac vice in one prior action in California in the last two years. (Harris Decl. at ¶6; Vlahos Decl. at ¶6.) Having received no opposition to Plaintiff’s application and good cause appearing, the Court grants Plaintiff’s application to allow Jenna L. Harris and Chris L. Vlahos to appear as counsel pro hac vice in this action.

Conclusion

Plaintiff’s applications to admit Jenna L. Harris and Chris L. Vlahos as counsel pro hac vice is GRANTED.