Judge: Joel L. Lofton, Case: 24AHCV00231, Date: 2024-04-18 Tentative Ruling
Case Number: 24AHCV00231 Hearing Date: April 18, 2024 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: April 18, 2024 TRIAL DATE: No date set.
CASE: KUM RAN UNITED
METHODIST CHURCH, et al. v. CALIFORNIA-PACIFIC ANNUAL CONFERENCE OF THE UNITED
METHODIST CHURCH, et al.
CASE NO.: 24AHCV00231
APPLICATION
TO APPEAR PRO HAC VICE
MOVING PARTY: Plaintiff Kum Ran United Methodist
Church
RESPONDING PARTY: No
response filed
SERVICE: Filed March 14, 2024
RELIEF
REQUESTED
David Gibbs, III, (“Counsel”)
applies to appear in this action pro hac vice.
BACKGROUND
This case arises out of Plaintiff Kum Ran
United Methodist Church’s (“Plaintiff”) claim that Defendants are improperly preventing
it from disaffiliating from the United Methodist Church. Plaintiffs filed this
complaint on February 2, 2024, alleging seven causes of action for (1)
declaratory relief, (2) judicial modification, termination, or reformation of
trust, (3) breach of fiduciary duty, (4) unjust enrichment, (5) promissory
estoppel, (6) breach of contract, and (7) breach of the implied covenant of good
faith and fair dealing.
TENTATIVE RULING
Plaintiff’s
application to have David Gibbs, III, appear pro hac vice in this matter
is GRANTED.
DISCUSSION
Plaintiff applies to have Counsel appear in this matter pro hac vice.
“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).)
Counsel provides his residence and office address. (Gibbs Decl. ¶ 2.) He also provides the courts where he is admitted to
practice and the dates of admission. (Id. ¶ 3.) He provides he is a
member of good standing in those courts. (Id. ¶ 4.) Counsel provides he
is not currently suspended or disbarred in any court. (Id. ¶ 5.) He
provides he has not been admitted to appear pro hac vice in this state
within the last two years. (Id. ¶ 6.) He also provides the relevant
information for the attorney of record. (Id. ¶ 7.)
Plaintiff’s
application to have David Gibbs, III, appear pro hac vice in this matter
is granted.
CONCLUSION
Plaintiff’s
application to have David Gibbs, III, appear pro hac vice in this matter
is GRANTED.
Moving
Party to give notice.
Dated: April 18, 2024 ___________________________________
Joel
L. Lofton
Judge
of the Superior Court
Parties who intend to submit on this tentative must send an
email to the court indicating their
intention to submit. alhdeptx@lacourt.org