Judge: Elaine Lu, Case: 23STCV20554, Date: 2023-10-23 Tentative Ruling
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Case Number: 23STCV20554 Hearing Date: November 16, 2023 Dept: 26
CE-GH URBANITE FUND 2, LLC, Plaintiff, v. DIGITALBRIDGE GROUP, INC.; DIGITALBRIDGE OPERATING COMPANY, LLC; CNI CENTURY PLAZA MM, LLC; CDCF IV CENTURY MEZZ, LLC, et al. Defendants |
Case No.: 23STCV20554 Hearing Date: November 16, 2023 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING ALYCIA REGAN BENENATI TO APPEAR AS COUNSEL PRO HAC VICE
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Alycia Regan Benenati (“Benenati”) applies to appear as counsel pro hac vice for Defendants DigitalBridge Group, Inc., DigitalBridge Operating Company, LLC, CNI Century Plaza MM, LLC, and CDCF IV Century Mezz, LLC. 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).) Benenati is an active member, in good standing, of the State of New York. (Benenati Decl. ¶ 5.) Benenati is also admitted to practice and is in good standing for Supreme Court of the State of New York, Appellate Division, Second Judicial Department since 1999, the U.S. District Court, Southern District of New York since 1999, the U.S. District Court, Eastern District of New York since 1999, the U.S. Court of Appeals, District of Columbia Circuit since 2011, and the United States Supreme Court since 2011. (Benenati Decl. ¶¶ 6-7.) In addition, Benenati states that she resides in Garden City, New York and has an office in New York, New York. (Benenati Decl. ¶¶ 3-4.) Benenati states that, within the last two years, she has only applied to appear pro hac vice in the lead action CE-GH Urbanite Fund 2, LLC v. David Belford et al., No. 22STCV20842 which this department previously granted. (Benenati Decl. ¶ 8.) Thus, Benenati satisfies the eligibility requirements of CRC 9.40(a).
Benenati’s application successfully addresses all six content requirements outlined in CRC 9.40(d). Specifically, Benenati provides in her application: (1) her residence and office address (Benenati Decl. ¶¶ 3-4); (2) the courts to which Benenati has been admitted to practice and the dates of admission (Benenati Decl. ¶ 6); (3) that Benenati is a member in good standing in those courts (Benenati Decl. ¶ 7); (4) that she is not currently suspended or disbarred in any court (Benenati Decl. ¶ 7); (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 (Benenati Decl. ¶ 8); and (6) the name, address, and telephone number of an active member, Daniel A. Saunders of the State Bar of California who is the current counsel of record for Defendants DigitalBridge Group, Inc., DigitalBridge Operating Company, LLC, CNI Century Plaza MM, LLC, and CDCF IV Century Mezz, LLC. (Benenati Decl. ¶ 9).
Furthermore, Benenati demonstrates that she meets 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.” (Benenati Decl. ¶ 12.)
CONCLUSION AND ORDER
The application of Alycia Regan Benenati to appear as counsel pro hac vice for Defendants DigitalBridge Group, Inc., DigitalBridge Operating Company, LLC, CNI Century Plaza MM, LLC, and CDCF IV Century Mezz, LLC is GRANTED.
Moving Party is to give notice and file proof of service of such.
DATED: November ___, 2023 ___________________________
Elaine Lu
Judge of the Superior Court