Judge: Elaine Lu, Case: 22STCV06237, Date: 2022-08-03 Tentative Ruling





1. If you wish to submit on the tentative ruling,
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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
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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
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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: 22STCV06237    Hearing Date: August 3, 2022    Dept: 26

 

 

 

 

 

 

 

 

 

 

Superior Court of California

County of Los Angeles

Department 26

 

 

BUSINESS LEGAL PARTNERS, ATTORNEYS AT LAW, LAW CORP.,

                        Plaintiff,

            v.

                

CAPITOL ONE BANK, NATIONAL ASSOCIATION; NATHAN KRISHNAMURTHY, et al., 

                        Defendants.

 

  Case No.:  22STCV06237

 

  Hearing Date:  August 3, 2022

 

[TENTATIVE] ORDER RE:

APPLICATION FOR AN ORDER PERMITTING JOHN S. MORAN AS COUNSEL PRO HAC VICE

 

 

John S. Moran (“Moran”) applies as counsel pro hac vice for Defendants Capital One Bank, National Association and Nathan Krishnamurthy.  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).)  Moran is an active member, in good standing, of the Commonwealth of Virginia, the District of Columbia, the United States District Court for the Eastern District of Virginia, United States Court of Appeals for the D.C. Circuit, United States Court of Appeals for the 2nd Circuit, United States Court of Appeals for the 4th Circuit, United States Court of Appeals for the 6th Circuit, United States Court of Appeals for the 9th Circuit, United States Court of Appeals for the 11th Circuit, and the United States Supreme Court.  (Moran Decl. ¶¶ 3-4.)  In addition, Moran states that he is not a resident of California or regularly engaged in business in California and is a resident of the Commonwealth of Virginia with an office in Washington, D.C.  (Moran Decl. ¶ 2.)  Moran states that he has not applied to appear pro hac vice in any California action in the preceding two years.  (Moran Decl. ¶ 5.)  Thus, Counsel satisfies the eligibility requirements of CRC 9.40(a).

Moran’s application successfully addresses all six content requirements outlined in CRC 9.40(d).  Specifically, Moran provides in his application: (1) his residence and office address (Moran Decl. ¶ 2); (2) the courts to which Moran has been admitted to practice and the dates of admission (Moran Decl. ¶ 3); (3) that Moran is a member in good standing in those courts (Moran Decl. ¶ 3); (4) that he is not currently suspended or disbarred in any court (Moran Decl. ¶ 4); (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 (Moran Decl. ¶ 5); and (6) the name, address, and telephone number of at least one active member of the State Bar of California, Nicholas J. Hoffman and Latrice M. Burks, who are the current counsel of record for defendants Capital One Bank, National Association and Nathan Krishnamurthy (Moran Decl. ¶ 6).

Further, Moran demonstrates that he has satisfied 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 Moran Decl. ¶ 7.)

 

CONCLUSION AND ORDER

The application of John S. Moran to appear as counsel pro hac vice for defendants Capital One Bank, National Association and Nathan Krishnamurthy is GRANTED.

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

 

DATED: August 3, 2022                                                        ___________________________

                                                                                          Elaine Lu

                                                                                          Judge of the Superior Court