Judge: Elaine Lu, Case: 23STCV20669, Date: 2024-02-28 Tentative Ruling
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other parties in the same email) no later than 7:30 am on
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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
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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: 23STCV20669 Hearing Date: February 28, 2024 Dept: 26
|
ALEXUS
KITCHENS, Plaintiff, v.
THE
HERTZ CORPORATION, WAYNE (LAST NAME UNKNOWN); et al., Defendants. |
Case No.: 23STCV20669 Hearing Date: February 28, 2024 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING BRITTANY M.
FALKOWSKI AS COUNSEL PRO HAC VICE |
Brittany M. Falkowski (“Falkowski”) applies as counsel pro hac vice for Defendant
The Hertz Corporation.
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).) Falkowski is an active
member, in good standing, of the Supreme Court of Missouri, the U.S. District
Court for the Eastern District of Missouri, the Supreme Court of Illinois, the
U.S. District Court for the Southern District of Illinois, the U.S. District
Court for the Central District of Illinois, the U.S. Court of Appeals, Fifth
Circuit, the U.S. Court of Appeals, Seventh Circuit, the U.S. Court of Appeals,
Eighth Circuit, and the U.S. Court of Appeals, Ninth Circuit. (Falkowski Decl. ¶¶ 4-5.) In addition, Falkowski states that she is not
a resident of California or regularly engaged in business in California and is
a resident of St. Louis, Missouri with an office in St. Louis, Missour. (Falkowski Decl. ¶¶ 2-3, 7.) Falkowski states that she has not applied to
appear pro hac vice in an action in California in the last two years. (Falkowski Decl. ¶ 6.) Thus, Counsel satisfies the
eligibility requirements of CRC 9.40(a).
Falkowski’s application successfully addresses all six
content requirements outlined in CRC 9.40(d).
Specifically, Falkowski provides
in her application: (1) her residence and office address (Falkowski
Decl. ¶¶ 2-3); (2) the courts to which Falkowski has been admitted to practice and the
dates of admission (Falkowski Decl. ¶ 4); (3) that Falkowski is a member in
good standing in those courts (Falkowski Decl. ¶ 4); (4) that she is not
currently suspended or disbarred in any court (Falkowski 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 (Falkowski Decl.
¶ 6); and (6) the name, address, and telephone number of an active member, Allison
M. Scott of the State Bar of California who is the current counsel of record
for Defendant The Hertz Corporation. (Falkowski
Decl. ¶ 12).
Furthermore, Falkowski 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 Falkowski Decl. ¶ 11; Scott
Decl. ¶ 6.)
CONCLUSION AND ORDER
The application of Brittany M. Falkowski to appear as counsel pro hac vice for Defendant The Hertz Corporation is GRANTED.
The
Moving Party is ordered to provide notice of this order and file a proof of service
of such.
DATED: February ___, 2024 ___________________________
Elaine
Lu
Judge
of the Superior Court