Judge: Elaine Lu, Case: 22STCV34215, Date: 2024-03-08 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: 22STCV34215 Hearing Date: March 8, 2024 Dept: 26
|
ryan
gunches, Plaintiff, v.
aurora
solutions, llc dba CHOSEN
PAYMENTS; et al., Defendants. |
Case No.: 22STCV34215 Hearing Date: March 8, 2024 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING ALEXANDER J.
DURST AS COUNSEL PRO HAC VICE |
Alexander J. Durst (“Durst”) applies
as counsel pro hac vice for Plaintiff
Ryan Gunches. 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).) Durst is an active
member, in good standing, of Ohio state courts, the U.S. District Court for the
Southern District of Ohio, U.S. District Court for the Northern District of
Ohio, and the U.S. Court of Appeals for the Sixth Circuit. (Durst Decl. ¶¶ 3-5.) In addition, Durst states that he is not a
resident of California or regularly engaged in business in California. (Durst Decl. ¶ 2.) Durst is a resident of Cincinnati,
Ohio with an office in Cincinnati, Ohio. (Durst
Decl. ¶ 1.) Durst states that states that he has not practiced
law in any manner in a California proceeding in the last two years. (Durst Decl. ¶ 2.) Thus, counsel satisfies the
eligibility requirements of CRC 9.40(a).
Durst’s application successfully addresses all six
content requirements outlined in CRC 9.40(d).
Specifically, Durst provides
in his application: (1) his residence and office address (Durst
Decl. ¶ 1); (2) the courts to which Durst has been admitted to practice and the dates
of admission (Durst Decl. ¶ 3); (3) that Durst is a member in good standing in
those courts (Durst Decl. ¶ 4); (4) that he is not currently suspended or
disbarred in any court (Durst Decl. ¶ 5); (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 (Durst Decl. ¶ 2); and (6) the name, address, and
telephone number of an active member, Theodore Monroe of the State Bar of
California who is the current counsel of record for Plaintiff Ryan Gunches (Durst
Decl. ¶ 6).
Furthermore, Durst demonstrates that he has met 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 Durst Decl. ¶¶ 7-8, Exh. A.)
CONCLUSION AND ORDER
The application of Alexander J. Durst to appear as counsel pro hac vice for Plaintiff Ryan Gunches is GRANTED.
Moving
Party is ordered to provide notice of this order and file proof of service of
such.
DATED: March ___, 2024 ___________________________
Elaine
Lu
Judge
of the Superior Court