Judge: Elaine Lu, Case: 22STCV35339, Date: 2023-04-17 Tentative Ruling
Case Number: 22STCV35339 Hearing Date: April 17, 2023 Dept: 26
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DIGITALBRIDGE GROUP, INC. (F/K/A
COLONY CAPITAL, INC.); and DIGITALBRIDGE OPERATING COMPANY, LLC (F/K/A COLONY
CAPITAL OPERATING COMPANY, LLC), Plaintiffs, v.
XL SPECIALTY INSURANCE COMPANY;
FREEDOM SPECIALTY INSURANCE CO.; CONTINENTAL CASUALTY CO.; TWIN CITY FIRE
INSURANCE CO.; ENDURANCE SPECIALTY INSURANCE LTD.; EVEREST NATIONAL INSURANCE
CO.; XL SPECIALTY INSURANCE CO.; CHUBB BERMUDA INSURANCE LTD.; STARR INDEMNITY
& LIABILITY CO.; GREAT AMERICAN INSURANCE CO.; et al., Defendants. |
Case No.: 22STCV35339 Hearing Date: April 17, 2023 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING SCOTT
SCHECHTER AS COUNSEL PRO HAC VICE |
Scott Schechter (“Schechter”) applies as counsel pro hac vice for Defendant
Great American Insurance Co. The
application is unopposed.
Under California Rules of Court, 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).) Schechter is an active member, in good standing, of “the State Bar of
New York since April 1994 and [has] been a member of good standing of the U.S.
District Court for the Southern District of New York since December 1994; the
U.S. District Court for the Eastern District of New York since January 1995;
and the U.S. District Court for the Western District of New York since February
1995.” (Schechter Decl. ¶ 3.) In addition, Schechter states that he is not
a resident of California or regularly engaged in business in California and is
a resident of New York with an office in Pound Ridge, New York. (Schechter
Decl. ¶¶ 1, 4.) Schechter states
that states that, within the last two years, he has not applied to be admitted
pro hac vice in California. (Schechter
Decl. ¶ 4.) Thus, Counsel satisfies the eligibility requirements of CRC
9.40(a).
Schechter’s application successfully addresses all six
content requirements outlined in CRC 9.40(d).
Specifically, Schechter provides
in his application: (1) his residence and office address (Schechter
Decl. ¶ 1); (2) the courts to which Schechter has been admitted to practice and the
dates of admission (Schechter Decl. ¶ 3); (3) that Schechter is a member in
good standing in those courts (Schechter Decl. ¶ 3); (4) that he is not
currently suspended or disbarred in any court (Schechter Decl. ¶ 3); (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 (Schechter Decl. ¶ 4); and
(6) the name, address, and telephone number of an active member, Joshua Shayne of
the State Bar of California who is the current counsel of record for Defendant Great
American Insurance Co. (Schechter
Decl. ¶ 5).
Furthermore, Schechter 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 Shayne Decl. ¶ 4.)
CONCLUSION AND ORDER
The application of Scott Schechter to appear as counsel pro hac vice for Defendant Great American Insurance Co. is GRANTED.
Moving
Party is to
give notice and file a proof of service of such.
DATED: April 17, 2023 ___________________________
Elaine Lu
Judge of the Superior Court