Judge Holly J. Fujie, Case Number: 24STCV10607, Date: 2024-07-15 Tentative Ruling

MOVING PARTIES: Attorney Scott Ferrier (“Ferrier”) and James Ancone (“Ancone”)

On April 26, 2024, Plaintiff filed their complaint against Defendant for breach of contract.

On June 20, 2024, attorneys Ferrier and Ancone (collectively, “Applicants”) filed their respective applications (the “Applications”) to be admitted pro hac vice for Plaintiffs. Defendant filed oppositions to the Applications (the “Oppositions”) on July 1, 2024 and Plaintiffs filed their reply papers to the Oppositions (the “Replies”) on July 8, 2024.

CRC, Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50 fee, provided that the attorney (a) is not a California resident, (b) does not work in California, and (c) does not perform regular or substantial business, professional or other activities in California.

An application for pro hac vice admission must set forth: (1) the applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) a representation that the attorney applicant is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the prior two years; and (5) the name, address and phone number of the active California State Bar member with whom the applicant is associated. (CRC, Rule 9.40(d).)

Under CRC, Rule 9.40(b), “[a]bsent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.” The Court finds that one other appearance by an applicant is not cause for denial of an application.

Here, the Applicants each attests to his residence address, which for Ancone is in Connecticut and for Ferrier is in New York, and as to his business addresses, which for both is in New York. (Ancone Declaration (“Decl.”) and Ferrier Decl.) Each Applicant attests to all the courts to which he has been admitted (with dates of admission) and that he is in good standing with these courts and not currently suspended or disbarred from practice in any court. (Id..) Each submits the name and address of the active California State Bar member with whom the Applicant is associated. (Id. at ¶ 4.) Each also attests that he has not filed any pro hac vice applications in any California federal or state courts in the last two years, except for in an action pending in this Court, Forex Express Corp. v. Inter & Co. Payments, Inc., et al. LASC Case No. 22STCV38301 (the “Inter Case”). (Id.) Further, the requisite fees were paid to the State Bar of California, and the Notices of Hearing and the instant Applications were served on all interested parties and on the State Bar of California. (Travis J. Anderson Decl.)

While the Opposition raises issues regarding the Applicants’ actions in the Inter Case which Defendant contends are in violation of the California Rules of Professional Conduct, the Court finds that those are issues to be raised in that case and that they are not relevant to the Applications.

Based on the foregoing, the Court finds that Ancone and Ferrier each has established that he satisfied the requirements to appear as counsel pro hac vice pursuant to CRC, Rule 9.40.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court