Judge: Joel L. Lofton, Case: 23AHCV01271, Date: 2024-02-06 Tentative Ruling

Case Number: 23AHCV01271    Hearing Date: February 6, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      February 6, 2024                                             TRIAL DATE: No date set.

CASE:                         ROUBINA GARABEDIAN, v. TACO BELL; C&R RESTAURANT GROUP, L.P.; YUM! BRANDS, INC., and DOES 1 to 20, inclusive.  

CASE NO.:                 23AHCV01271

APPLICATION TO BE ADMITTED PRO HAC VICE

MOVING PARTY:               Defendant C&R Restaurant Group, L.P.

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 9, 2024

RELIEF REQUESTED

            Defendant C&R Restaurant Group, L.P. applies to have Robert E. Purgatorio (“Purgatorio”) , a member of Donna Law Firm, P.C., admitted pro hac vice in this action.

BACKGROUND

             This case arises out of Plaintiff Roubina Garabedian’s (“Plaintiff”) claim that Defendants negligently maintained their property, causing harm to Plaintiff. Plaintiff filed this complaint on June 5, 2023.

TENTATIVE RULING

            Defendant’s application to have Purgatorio admitted pro hac vice is GRANTED.

DISCUSSION

            Defendant moves to have Purgatorio admitted pro hac vice in the present action.

“A person who is not a licensee of the State Bar of California but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active licensee of the State Bar of California is associated as attorney of record.” (California Rules of Court Rule 9.40, subdivision (a).)

            The application must state:

(1)  The applicant's residence and office address;

(2)  The courts to which the applicant has been admitted to practice and the dates of admission;

(3)  That the applicant is a licensee 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 licensee of the State Bar of California who is attorney of record.

(California Rules of Court, Rule 9.40, subd. (d).)

            Purgatorio provides his residential and office addresses, which are located in Texas and Minnesota, respectively. (Purgatorio Decl. ¶¶ 2-3.) He provides he was admitted to practice in the State of Texas on 1988 and is a member in good standing. (Id. ¶¶ 4-5.) He provides he is not suspended or disbarred. (Id. ¶ 6.) He provides he has not applied to appear pro hac vice in California within the last two years. (Id. ¶ 12.) Colleen A. Déziel also provides a declaration, which in the header of the caption contains the name, address, and telephone number of the counsel of record.

CONCLUSION

            Defendant’s application to have Purgatorio admitted pro hac vice is GRANTED.

            Moving Party to give notice.

Dated:   February 6, 2024                                           ___________________________________

                                                                                    Joel L. Lofton