Superior Court of California

County of Los Angeles

Department 26

DIGITALBRIDGE GROUP, INC. (F/K/A COLONY CAPITAL, INC.); and DIGITALBRIDGE OPERATING COMPANY, LLC (F/K/A COLONY CAPITAL OPERATING COMPANY, LLC),

Plaintiffs,

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: March 6, 2024

[TENTATIVE] ORDER RE:

APPLICATION FOR AN ORDER PERMITTING CHIARA TONDI RESTA AS COUNSEL PRO HAC VICE

Chiara Tondi Resta (“Resta”) applies as counsel pro hac vice for Defendant XL Specialty Insurance Company. 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).) Resta is an active member, in good standing, of the District of Columbia and the D.C. Circuit Court of Appeals. (Resta Decl. ¶¶ 4-5.) In addition, Resta states that she is not a resident of California or regularly engaged in business in California. (Resta Decl. ¶ 2.) Resta is a resident of Washington, DC with an office in Washington, DC. (Resta Decl. ¶¶ 2-3.) Resta states that she has filed applications to appear pro hac vice in California within the last two years in Cardenas Markets LLC v. Houston Casualty Company, U.S. District Court, Central District of California, case number 5:23-cv00682 which was granted on June 27, 2023. (Resta Decl. ¶ 6.) Thus, Counsel satisfies the eligibility requirements of CRC 9.40(a).

Resta’s application successfully addresses all six content requirements outlined in CRC 9.40(d). Specifically, Resta provides in her application: (1) her residence and office address (Resta Decl. ¶¶ 2-3); (2) the courts to which Resta has been admitted to practice and the dates of admission (Resta Decl. ¶ 4); (3) that Resta is a member in good standing in those courts (Resta Decl. ¶ 3); (4) that she is not currently suspended or disbarred in any court (Resta 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 (Resta Decl. ¶ 6); and (6) the name, address, and telephone number of an active member, James P. Koelzer of the State Bar of California who is the current counsel of record for Defendant XL Specialty Insurance Company. (Resta Decl. ¶ 7).

Furthermore, Resta demonstrates that she 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 Koelzer Decl. ¶ 4.)

CONCLUSION AND ORDER

The application of Chiara Tondi Resta to appear as counsel pro hac vice for Defendant XL Specialty Insurance Company is GRANTED.

Moving Party is ordered to give notice and file a proof of service of such.

DATED: March ___, 2024 ___________________________

Elaine Lu

Judge of the Superior Court