Judge: Elaine Lu, Case: 23STCV26089, Date: 2023-12-13 Tentative Ruling

Case Number: 23STCV26089    Hearing Date: December 13, 2023    Dept: 26

Stephen D. Koehler (“Koehler”) applies to appear as counsel pro hac vice for Plaintiff IMM Group Company Limited.  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).)  Koehler has been an active member, in good standing, of the State of North Carolina since 1991.  (Koehler Decl. ¶¶ 1, 5.)  Koehler is also admitted to practice and is in good standing in the United States District Court for the Western District of North Carolina and the United States District Court for the Middle District of North Carolina.  (Koehler Decl. ¶¶ 4-5.)  In addition, Koehler states that he resides in Waxhaw, North Carolina and has an office in Charolotte, North Carolina.  (Koehler Decl. ¶¶ 2-3.)  Koehler states that, within the last two years, he has not applied to appeared pro hac vice in any other California actions.  (Koehler Decl. ¶ 6.)  Thus, Koehler satisfies the eligibility requirements of CRC 9.40(a).

Koehler’s application successfully addresses all six content requirements outlined in CRC 9.40(d).  Specifically, Koehler provides in his application: (1) his residence and office address (Koehler Decl. ¶¶ 2-3); (2) the courts to which Koehler has been admitted to practice and the dates of admission (Koehler Decl. ¶ 4); (3) that Koehler is a member in good standing in those courts (Koehler Decl. ¶ 5); (4) that he is not currently suspended or disbarred in any court (Koehler Decl. ¶ 5); (5) the title of each court and cause in which the applicants have 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 (Koehler Decl. ¶ 6); and (6) the name, address, and telephone number of an active member, Robert D. Mitchell of the State Bar of California who is the current counsel of record for Plaintiff IMM Group Company Limited.  (Koehler Decl. ¶ 7.)

Furthermore, Koehler demonstrates that he meets the requirement of CRC 9.40(c)(1) by attaching prove of payment to the California State Bar. 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.”

CONCLUSION AND ORDER

The application of Stephen D. Koehler to appear as counsel pro hac vice for Plaintiff IMM Group Company Limited is GRANTED.

Moving Parties are to give notice and file proof of service of such.