Judge: Elaine W. Mandel, Case: 23SMCV04741, Date: 2024-10-30 Tentative Ruling

Case Number: 23SMCV04741    Hearing Date: October 30, 2024    Dept: P

Tentative Ruling

Rodgers v. Eddie’s Liquor and JR Market, Inc., Case no. 23SMCV04741

Hearing date October 30, 2024

Defendant’s Motion To Have Attorney Brendan Johns Admitted Pro Hac Vice

Plaintiff alleges he was assaulted by an employee of defendant and sues for premises liability. Defendant seeks to have Colorado and Washington attorney Brendan Johns as counsel pro hac vice. The motion is unopposed.

A person who is not a licensee of the State Bar of California but is an attorney in good standing of and eligible to practice before the bar of state and who has been retained to appear in a case pending in California may be permitted to appear as counsel pro hac vice, provided an active licensee of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is: (1) a resident of California; (2) regularly employed in California; or (3) regularly engaged in substantial business, professional or other activities in California. Cal. Rules of Court 9.40(a). Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application. Cal. Rules of Court 9.40(b).

The application must state: (1) the applicant’s residence and office address; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a licensee in good standing in those courts; (4) that the applicant is not currently suspended or disbarred in any court; (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, the date of each application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and (6) the name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record. Cal. Rules of Court 9.40(d).

Defendant offers the declarations of Johns and counsel of record Arron Nesbitt. Johns’ petition is in compliance with Cal. Rules of Court 9.40. Nesbitt will associate with Johns. Decl. Nesbitt para. 5. The uncontested petition is GRANTED.