Judge: Jill Feeney, Case: 20STCV32124, Date: 2022-08-08 Tentative Ruling
Case Number: 20STCV32124 Hearing Date: August 8, 2022 Dept: 30
Department 30, Spring Street Courthouse
August 8, 2022
20STCV32124
Application to Appear as Counsel Pro Hac Vice (Gregory R. Jones) filed by Plaintiff Amber Osborne
DECISION
Plaintiff’s application for Gregory R. Jones to appear as counsel pro hac vice is granted.
Order to Show Cause Re: Pro Hac vice Status of Gregory R. Jones, Esq. / Pro Hac Vice Renewal Fees set for 08/09/2023 at 8:30 a.m. in Department 30 of the Spring Street Courthouse.
Moving party is ordered to give notice.
Background
This is an action for negligence and violation of the safety appliance act. Plaintiff Amber Osborne alleges that she was injured after her left hand was crushed by the door of a railcar. Plaintiff alleges she was injured while working for Defendant National Railroad Passenger Corporation, a/k/a AMTRAK.
On May 18, 2022, Plaintiff filed this application for Gregory R. Jones to appear as counsel pro hac vice in this action.
Summary
Moving Arguments
Plaintiff seeks a court order permitting Gregory R. Jones to appear pro hac vice to represent Plaintiff in this action.
Legal Standard
CRC 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(d).)
Discussion
Applications to appear as counsel pro hac vice must contain the facts specified in Cal. Rules of Court, rule 9.40(d). Plaintiff’s application contains the following information about Attorney Jones:
(1) residence and office addresses (Jones Decl., ¶¶ 2-3.)
(2) the courts to which he has been admitted (Id., ¶4.)
(3) evidence that he is a member in good standing in Missouri and Illinois (Id., ¶5.)
(4) evidence he is not suspended or disbarred in any state (Id., ¶6)
(5) title of this court and the cause of action he has applied to appear in (Id., ¶1)
(6) evidence that he has not appeared as counsel pro hac vice in California in the past two years (Id., 7)
(7) the name, address, and telephone number of the California attorney on record in the local action: (Michael Akselrud, The Lanier Law Firm, PC, 21550 Oxnard Street, 3rd Floor, Woodland Hills, CA 91367, (310)277-5100) (Akselrud Decl., cover page.)
Attorney Jones is not a resident of California, nor is he employed or regularly engaging in business in California. He has not appeared as counsel pro hac vice in California in the past two years. Plaintiff’s application was properly served on the California State Bar and includes a receipt showing Plaintiff paid the $50 fee. (Akselrud Decl., ¶3, Exhibit A; Jones Decl., ¶8.) Plaintiff also properly served all parties who have appeared in the action.
Plaintiff’s application complies with the requirements of Cal. Rules of Court, rule 9.40(d).
