Judge: Gary I. Micon, Case: 24CHCV01586, Date: 2025-04-17 Tentative Ruling

Case Number: 24CHCV01586    Hearing Date: April 17, 2025    Dept: F43

Dept. F43

Date: 04-17-25

Case # 24CHCV01586, Moses v. Ross Dress for Less, et al.

Trial Date: None set.

MOTION TO APPEAR PRO HAC VICE

MOVING PARTY: Defendant Brixmor Property Owner II, LLC

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Order approving Attorney Panagiota N. Fortsas’s application to appear as counsel pro hac vice for defendant Brixmor Property Owner II, LLC.

RULING: Motion is granted.

SUMMARY OF ACTION

Plaintiff Samantha Moses filed this personal injury case against defendants Ross Dress for Less, Ross Stores, Inc., Brixmor Property Group, Pacoima Center, and Romero Cleaning Services, Inc. on April 29, 2024, alleging a premises liability cause of action.  Plaintiff alleges that on June 20, 2022, Defendants negligently created a dangerous condition that cause her to suffer injuries.

On March 24, 2025, Defendant Brixmor Property Owner II, LLC (listed as Brximor Property Group and Pacoima Center in the complaint) applied for Panagiota N. Fortsas to appear in this action pro hac vice.  The application is unopposed.

ANALYSIS

Any attorney licensed to practice before the bar of any United States court or the highest court in any state, and who has been retained to appear in a particular cause pending in a California court, but who is not a licensee of the California State Bar may apply to appear pro hac vice in California by submitting a written application and mailing notice to all interested parties, as well as notice and a $50.00 application fee to the State Bar Association in San Francisco.¿ (Cal. Rules of Court, rule 9.40(a), (c), (e).)¿ An applicant may not reside or work in California, and may not perform regular or substantial business, professional, or other activities here. ¿(Id., rule 9.40(a).)

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, 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, rule 9.40(d).)

Defendant submitted the verified application of attorney Panagiota N. Fortsas to be admitted pro hac vice as counsel for them.  Fortsas is admitted to practice in the state of Illinois.  (Panagiota N. Fortsas Application, ¶ 2.)   Attorney Fortsas is in good standing and is not currently suspended or disbarred.  (Fortsas Dec., ¶¶ 2-3.)   Attorney Fortsas is not a resident of California, is not regularly employed in California, and is not regularly engaged in business of the practice of law in California. (Fortsas Dec.,  ¶ 1.)  Fortsas has appeared pro hac vice in two other California actions in the past year:

·         Carmen Padilla v. Brixmor Montebello Plaza LP, et al. Case No. 20 STCV25605 (Los Angeles County Superior Court) - June 2024; and

·         Dalia Boceanu v. California Property Owner I, LLC, et al. Case No. 37-2022- 00020149-CU-PO-CTL  (San Diego County Superior Court - December 2024.

(Fortsas Dec., ¶ 4.)

Fortsas has not applied to appear pro hac vice in any federal court in California in the past two years.  (Fortsas Dec., ¶ 5.)  Jack C. Hsu, Esq. is the California attorney of record, who contact information has been provided.  (Fortsas Dec., ¶ 6.)  The proof of service indicates electronic service by e-mail on all counsel and on the State Bar of California.  (Cal. Rules of Court, rule 9.40(c).)  Counsel states that the required $50.00 application fee was submitted to the State Bar of California.  (Fortsas Dec., ¶ 6; Supporting Declaration of Daniel J. Kolcz, Esq., ¶ 4; Cal. Rules of Court, rule 9.40(e).)

Because counsel has fulfilled the requirements of rule 9.40(d), the court grants Attorney Panagiota N. Fortsas’s application.

CONCLUSION

Attorney Panagiota N. Fortsas’s application to appear as counsel pro hac vice is granted.

Defendant Brixmor Property Owner II, LLC to give notice.