Judge: Helen Zukin, Case: 22STCV04170, Date: 2023-03-13 Tentative Ruling

Case Number: 22STCV04170    Hearing Date: March 13, 2023    Dept: 207

Background

Plaintiff Kyle Roberts (“Plaintiff”) brings this action alleging causes of action for negligence, strict products liability, and negligent products liability against Defendant Skinny Labs, Inc., dba Spin (“Defendant”). This action arises out of an incident where Plaintiff was riding one of Defendant’s electric scooters when it allegedly malfunctioned and caused Plaintiff to be ejected from the scooter as it would not stop. Defendant brings this application for Edward Thompson to appear as its counsel pro hac vice. This application is unopposed.

Legal Standard

California Rule of Court, rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear as counsel pro hac vice in the State of California by filing a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of California.

The application must state: (1) the applicant’s residence and office addresses; (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 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 member of the State Bar of California who is attorney of record in the local action. (Cal. Rules of Court, rule 9.40, subd. (d).)

Analysis

The Court finds the application satisfies the requirements of California Rule of Court, rule 9.40(d). Defendant has submitted a proof of service by mail on the State Bar of California at its San Francisco office. (Ex. B to Zeiler Decl.) The Court notes Mr. Thompson has only been admitted pro hac vice in one prior action in California in the last two years. (Thompson Decl. at ¶4.) Having received no opposition to Defendant’s application and good cause appearing, the Court grants Defendant’s application to allow Edward H. Thompson to appear as counsel pro hac vice in this action.

Conclusion

Defendant’s application to admit Mr. Thompson as counsel pro hac vice is GRANTED.