Judge: Elaine Lu, Case: 22STCV20470, Date: 2022-08-05 Tentative Ruling
Case Number: 22STCV20470 Hearing Date: August 5, 2022 Dept: 26
|
KENNETH
HORWAT (aka KENNY HORWAT), Plaintiff, v. ERIC
DOAK (aka ERIK DOAK); DOOMSDAYX, CO.,
et al., Defendants. |
Case No.: 22STCV20470 Hearing Date: August 5, 2022 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING EVAN SPENCER
AS COUNSEL PRO HAC VICE |
Evan Spencer (“Spencer”) applies as counsel pro hac vice for Plaintiff
Kenneth Horwat. 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).) Spencer is an active
member, in good standing, of the State of New York, the U.S. District Court of
the Southern District of New York, the U.S. District Court of Nebraska, and the
U.S. Court of Claims. (Spencer Decl. ¶¶ 2-4.) In addition, Spencer states that he is not a
resident of California or regularly engaged in business in California and is a
resident of Nebraska with an office in New York. (Spencer
Decl. ¶¶ 7-11.) Spencer states
that he has not applied to appear pro hac vice in any California
action. (Spencer Decl. ¶ 12.) Thus, counsel satisfy the
eligibility requirements of CRC 9.40(a).
Spencer’s application successfully addresses all six
content requirements outlined in CRC 9.40(d).
Specifically, Spencer provides
in his application: (1) his residence and office address (Spencer
Decl. ¶¶ 10-11); (2) the courts to which Spencer has been admitted to practice and the
dates of admission (Spencer Decl. ¶ 2); (3) that Spencer is a member in good
standing in those courts (Spencer Decl.
¶ 3); (4) that he is not currently suspended or disbarred in any court (Spencer
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 (Spencer
Decl. ¶ 12); and (6) the name, address, and telephone number of an active
member, Walter Tyrrel Shatford IV of the State Bar of California who are the
current counsel of record for Plaintiff Kenneth Horwat (Spencer
Decl. ¶ 13; Shatford Decl. ¶¶ 2-3).
Furthermore, Spencer 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 Attached Proof of Service.)
CONCLUSION AND ORDER
The application of Evan Spencer to appear as counsel pro hac vice for Plaintiff Kenneth Horwat is GRANTED.
The
Moving Party is ordered to provide notice of this order and file a proof of service
of such.
DATED: August 5, 2022 ___________________________
Elaine
Lu
Judge
of the Superior Court