Judge: Deirdre Hill, Case: 21STCV25235, Date: 2022-11-01 Tentative Ruling

ALERT

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Case Number: 21STCV25235    Hearing Date: November 1, 2022    Dept: M

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. M

 

DANIEL ROY, et al.,

 

 

 

Plaintiffs,

 

Case No.:

 

 

21STCV25235

 

vs.

 

 

[Tentative] RULING

 

 

ROBINSON HELICOPTER COMPANY, INC.,

 

 

 

Defendant.

 

 

 

 

 

 

 

Hearing Date:                          November 1, 2022

 

Moving Parties:                      James Brauchle, Esq. for plaintiff

Responding Party:                  None

Verified Application to Appear as Counsel Pro Hac Vice

 

            The court considered the moving papers.

RULING

            The application is CONTINUED to 11/30/22 @ 8:30 a.m., to allow moving counsel to correct the deficiency in his declaration.

BACKGROUND

            On July 9, 2021, Daniel Roy, as Personal Representative of the Estate of Stéphanie Roy, and Monique Longpré filed a complaint against Robinson Helicopter Company, Inc. for (1) negligence, (2) strict product liability, (3) wrongful death and survival action, and (4) breach of warranties.  Plaintiffs allege that on July 10, 2019, C-FJLH, a helicopter manufactured, designed, and sold by defendant, experienced a mechanical failure and crashed during flight in Quebec, killing Stephane Roy.  Examination of the wreckage demonstrated that the rotor blades rotational speed had dropped to a level insufficient for the C-FJLH to maintain flight.

            On October 4, 2022, the PI Hub transferred the action to Dept. M.

DISCUSSION

Attorney James R. Brauchle requests leave to appear as counsel pro hac vice for plaintiff Daniel Roy, in his individual capacity and as trustee of the Estate of Stephane Roy.

Cal. Rules 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 address; (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 (5) 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.  CRC Rule 9.40(d).

            The court finds that attorney James Brauchle, Esq.’s application is deficient as it is missing the courts to which the applicant has been admitted to practice and the dates of admission as required under Rule 9.40(d)(2).

The application is CONTINUED to allow moving counsel to file a supplemental declaration.

Defendant is ordered to give notice of this ruling.