Judge: Gregory Keosian, Case: 23STCV17969, Date: 2024-03-25 Tentative Ruling

Case Number: 23STCV17969    Hearing Date: March 25, 2024    Dept: 61

Plaintiffs Mr. Fries Man, LLC and Mr. Fries Man IP, LLC’s Application to Admit Brett Buterick as Counsel Pro Hac Vice is GRANTED.

I.                PRO HAC VICE

“A person who is not a member of the State Bar of California but who is a member in good standing of and eligible 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 court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record.” (Cal. Rules of Court (“CRC”) Rule 9.40(a).) An applicant may not be a resident of the State of California, regularly employed in the State of California, or regularly engaged in substantial business, professional, or other activities in the State of California. (CRC 9.40(a)(1–3.)

“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 by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.” (CRC 9.40(c)(1).) Notice must be given sixteen days before the hearing.

“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 member in good standing in those courts; (4) That the applicant is not currently suspended or disbarred in any court; (5) The title of 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 member of the State Bar of California who is attorney of record.” (CRC 9.40(d)(1–6.) Additionally, a $50 must be paid to the California Bar. (CRC 9.40(e).)

The present application pertains to Brett Buterick, to be admitted as counsel for Plaintiffs Mr. Fries Man, LLC and Mr. Fries Man IP, LLC (Plaintiffs). Buterick is not a resident of or employed in California, but is an attorney in good standing in Pennsylvania and New Jersey. (Application ¶¶ 6–7.) He has made no prior applications to appear pro hac vice in California in the prior two years.

The application is GRANTED.