Judge: Elaine Lu, Case: 20STCV08797, Date: 2023-01-27 Tentative Ruling





1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing.  Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.




2. 
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.




3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING.  The Court will not read or
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4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS.  Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.




 






Case Number: 20STCV08797    Hearing Date: January 27, 2023    Dept: 26

 

 

 

 

 

Superior Court of California

County of Los Angeles

Department 26

 

Charlene tang,

 

                        Plaintiff,

            v.

 

829 flower, llc; ira leibowitz; clifford gilmore; et al.,

 

                        Defendants.

 

  Case No.:  20STCV08797

 

  Hearing Date:  January 27, 2023

 

  [TENTATIVE] order RE:

APPLICATION FOR AN ORDER PERMITTING ryan l. isenberg AS COUNSEL PRO HAC VICE

 

 

Ryan L. Isenberg (“Isenberg”) applies as counsel pro hac vice for Defendants 829 Flower, LLC, Buildgenuity, LLC, and Ira Leibowitz.  The application is unopposed.

Under CRC Rule 9.40, attorneys licensed and in good standing in other states may, upon the California court’s approval, appear as counsel pro hac vice in a pending case if an active member of the state bar is associated as attorney of record.  (CRC 9.40(a).)  Isenberg is an active member, in good standing, of the State of Georgia, US District Court for the Northern District of Georgia, US District Court for the Middle District of Georgia, US District Court for the District of Colorado, 11th US Circuit Court of Appeals, 10th US Circuit Court of Appeals, 7th US Circuit Court of Appeals, and 9th US Circuit Court of Appeals.  (Isenberg Decl. ¶¶ 5-6.)  In addition, Isenberg states that he is not a resident of California or regularly engaged in business in California and is a resident of Newton County, Georgia with an office in Atlanta, Georgia.  (Isenberg Decl. ¶ 3-4, 11.)  Isenberg states that he has been admitted pro hac vice in two causes in the past two years:

A.    Zilberstein, et. al. v. Leibowitz, et. al. Los Angeles County Superior Court Case No. 19VECV00375. The application was filed on 09/23/2019 and the motion was granted on 1/10/2020.

B.     EcPur v. The JKT Group US District Court for the Central District of California Case No. 2:2018cv00729. The application was filed on March 14, 2022 and the motion was granted on March 22, 2022

(Isenberg Decl. ¶ 10.)

Thus, counsel satisfies the eligibility requirements of CRC 9.40(a).

Isenberg’s application successfully addresses all six content requirements outlined in CRC 9.40(d).  Specifically, Isenberg provides in his application: (1) his residence and office address (Isenberg Decl. ¶¶ 3-4); (2) the courts to which Isenberg has been admitted to practice and the dates of admission (Isenberg Decl. ¶¶ 5-6); (3) that Isenberg is a member in good standing in those courts (Isenberg Decl. ¶¶ 5-6); (4) that he is not currently suspended or disbarred in any court (Isenberg Decl. ¶ 8); (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, and whether or not it was granted if any (Isenberg Decl. ¶ 10); and (6) the name, address, and telephone number of an active member, Rachel S. Milman, Esq. of the State Bar of California who is the current counsel of record for Defendants 829 Flower, LLC, Buildgenuity, LLC, and Ira Leibowitz (Isenberg Decl. ¶¶ 12-13; Milman Decl. ¶ 1).

Furthermore, Isenberg demonstrates that he has meet the requirement of CRC 9.40(c)(1). That rule provides: “a person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service . . . of a copy of the application and of the notice on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.”  (See Milman Decl. ¶ 2, Exh. 2.)

 

CONCLUSION AND ORDER

The application of Ryan L. Isenberg to appear as counsel pro hac vice for Defendants 829 Flower, LLC, Buildgenuity, LLC, and Ira Leibowitz is GRANTED.

The Moving Parties are ordered to provide notice of this order and file a proof of service of such.

 

DATED: January 27, 2023                                                     ___________________________

                                                                                          Elaine Lu

                                                                                          Judge of the Superior Court