Judge: Elaine Lu, Case: 22STCV35068, Date: 2023-01-11 Tentative Ruling





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Case Number: 22STCV35068    Hearing Date: January 11, 2023    Dept: 26

 

 

 

 

 

 

 

 

Superior Court of California

County of Los Angeles

Department 26

 

 

PERRY DECUIR,

                        Plaintiff,

            v.

                

ARUP NORTH AMERICA LIMITED; WILLIAM E. SCARNTOM, et al., 

                        Defendants.

 

  Case No.:  22STCV35068

 

  Hearing Date:  January 11, 2023

 

[TENTATIVE] ORDER RE:

APPLICATION FOR AN ORDER PERMITTING BURTON D. GARLAND, JR. AS COUNSEL PRO HAC VICE

 

 

Burton D. Garland, Jr. (“Garland”) applies as counsel pro hac vice for Defendants Arup North America Limited and William E. Scrantom.  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).)  Garland is an active member, in good standing, of the State of Missouri, State of Illinois, United States District Court – Western District of Missouri, United States District Court – Eastern District of Missouri, United States District Court - Central District of Illinois, United States District Court – Eastern District of Wisconsin, United States District Court – Southern District of Illinois, United States Court of Appeals – 7th Circuit, United State Court of Appeals – 8th Circuit.  (Garland Decl. ¶¶ 2-5.)  In addition, Garland states that he is not a resident of California or regularly engaged in business in California.  Garland is a resident of Missouri with an office in Clayton Missouri.  (Garland Decl. ¶ 1.)  Garland states that he has not applied to appear pro hac vice in any California action in the preceding two years.  (Garland Decl. ¶ 6.)  Thus, counsel satisfies the eligibility requirements of CRC 9.40(a).

Garland’s application successfully addresses all six content requirements outlined in CRC 9.40(d).  Specifically, Garland provides in his application: (1) his residence and office address (Garland Decl. ¶ 1); (2) the courts to which Garland has been admitted to practice and the dates of admission (Garland Decl. ¶ 3); (3) that Garland is a member in good standing in those courts (Garland Decl. ¶ 4); (4) that he is not currently suspended or disbarred in any court (Garland 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 (Garland Decl. ¶ 6); and (6) the name, address, and telephone number of an active member, Leslie H. Helmer of the State Bar of California who is the current counsel of record for Defendants Arup North America Limited and William E. Scrantom (Garland Decl. ¶ 7; Helmer Decl. ¶¶ 2-3).

Furthermore, Garland 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 Helmer Decl. ¶¶ 4-5.)

 

CONCLUSION AND ORDER

The application of Burton D. Garland, Jr. to appear as counsel pro hac vice for Defendants Arup North America Limited and William E. Scrantom is GRANTED.

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

 

DATED: January 11, 2023                                                     ___________________________

                                                                                    Elaine Lu

                                                                                    Judge of the Superior Court