Department 30, Spring Street Courthouse

July 26, 2022

21STCV27808

Application to Appear as Counsel Pro Hac Vice filed by Defendant Red Hawk Fire Sec LLS LSE

The motion is granted. 

Conference Re:  Attorney Steven D. Patee's Pro Hac Vice Status / Renewal/Payment  of $500.00 Pro Hac Vice Fees set for 07/27/2023 at 8:30 a.m. in Department 30 of the Spring Street Courthouse.

Moving party is to provide notice and to file proof of service of such notice within five court days after the date of this order.

This action arises out of an automobile collision that occurred on November 5, 2019.

On July 28, 2021 Plaintiff Annie Nicholas (“Plaintiff”) filed a complaint against Mark William Hanna (“Defendant Hanna”), Red Hawk Fire LLC (incorrectly sued as Red Hawk Fire SEC LLS LSE) (“Defendant Red Hawk”), and Does 1 through 20.

On April 26, 2022, Defendants Red Hawk and Hanna (“Defendants”) filed an application permitting Steven D. Pattee to appear as counsel pro hac vice. No opposition has been filed.

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).)

Applications to appear as counsel pro hac vice must contain the facts specified in Cal. Rules of Court, rule 9.40(d). Defendants’ application contains the following information about Attorney Pattee: 

(1) residence and office addresses (Pattee Decl., ¶¶ 2-3)

(2) the courts to which he has been admitted (Pattee Decl., ¶4)

(3) evidence that he is a member in good standing of multiple courts, including a certificate of good standing from the Minnesota Supreme Court (Pattee Decl., ¶5, Exhibit A)

(4) evidence he is not suspended or disbarred in any court (Pattee Decl., ¶6)

(5) title of this court and the cause of action he has applied to appear in (Pattee Decl., ¶7)

(6) the name of the case he appeared in as counsel pro hac vice in California (Erika Gonzalez Inda v. Buffalo Wild Wings. Inc. et al.; Los Angeles County, Case Number: 18STCV03079) (Pattee Decl., ¶12)

(7) the name, address, and telephone number of the California attorney on record in the local action: (Colleen Deziel of Anderson, McPharlin & Conners LLP, 707 Wilshire Boulevard, Suite 4000, Los Angeles, CA 90017, (213) 688-0080) (Pattee Decl., ¶7; Deziel Decl., cover page, ¶3)

Attorney Pattee is not a resident of California, nor is he employed or regularly engaging in business in California. He has only appeared as counsel pro hac vice in California once in the past two years. Defendants’ application was properly served on the California State Bar and includes a receipt showing Defendants paid the $50 fee. (Deziel Decl., Exhibit A, Proof of Service p.4) Defendants also properly served all parties who have appeared in the action.

Defendants’ application complies with the requirements of Cal. Rules of Court, rule 9.40(d) and is therefore granted.