Judge: Elaine Lu, Case: 20STCV41411, Date: 2023-02-01 Tentative Ruling

Case Number: 20STCV41411    Hearing Date: February 1, 2023    Dept: 26

Superior Court of California

County of Los Angeles

Department 26

Ryan L. Isenberg (“Isenberg”) applies as counsel pro hac vice for Plaintiff 829 Flower, LLC.  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, 11^th US Circuit Court of Appeals, 10^th US Circuit Court of Appeals, 7^th US Circuit Court of Appeals, and 9^th 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

C.    On December 21, 2022, Counsel moved for admission pro hac vice in the related case of Tang v. 829 Flower, et. al. Case No. 20STCV08797.

(Isenberg Decl. ¶ 10.)

Thus, counsel satisfy 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 Plaintiff 829 Flower, LLC (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 Plaintiff 829 Flower, LLC is GRANTED.

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

DATED: February 1, 2023                                                     ___________________________

                                                                                    Elaine Lu

                                                                                    Judge of the Superior Court