Department 30, Spring Street Courthouse

January 4, 2023

22STCV27781

Motion to be Admitted Pro Hac Vice filed by Defendants Gustavo Perez and ADT, LLC

The motion is granted.

Order to Show Cause Re:  Pro Hac Vice Status of Attorney Scott D. Festin / Payment Renewal of Pro Hac Vice Fees set for 01/05/2024 at 8:30 a.m. in Department 30 of the Spring  Street Courthouse.

Moving party to provide notice.

This is an action for negligence arising from a vehicle collision which took place in May 2021. Plaintiff David Avetisyan filed his Complaint against Defendants Gustavo Perez and ADT, LLC on August 25, 2022.

On October 12, 2022, Defendants Gustavo Perez and ADT, LLC filed the instant motion to admit Scott D. Festin as Counsel Pro Hac Vice.

Moving Arguments

Defendants seek a court order permitting Scott D. Festin to appear pro hac vice to represent them in this action.

Opposing Arguments

None 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). Festin’s application contains the following information:

(1) office and residence address (Festin 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 Minnesota (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., ¶7.)

(6) evidence that he has appeared as counsel pro hac vice in California in the past two years for two other matters (Id., ¶12.)

(7) Name, address, and phone number of Colleen Deziel, the California attorney representing Defendants in this action. (Deziel Decl.)

Festin is not a resident of California, nor is he employed or regularly engaging in business in California. He has appeared as counsel pro hac vice in California for two other matters in the past two years. Festin’s application was properly served on the California State Bar and includes a receipt showing Defendants paid the $50 fee. (Deziel Decl., Exh. A; Motion, Proof of service.) Defendants also properly served all parties who have appeared in the action.

Based on the foregoing, Defendants’ application for Scott D. Festin to appear as counsel pro hac vice is GRANTED.

Moving party is ordered to give notice.