Judge: Katherine Chilton, Case: 22STCP03790, Date: 2023-01-05 Tentative Ruling

Case Number: 22STCP03790     Hearing Date: January 5, 2023    Dept: 25

PROCEEDINGS:      APPLICATION TO APPEAR PRO HAC VICE

MOVING PARTY:   Counsel Scott D. Ponce, for Petitioner Miami New Times, LLC

RESP. PARTY:         None

APPLICATION TO APPEAR PRO HAC VICE

(CRC Rule 9.40)

TENTATIVE RULING:

The hearing on Counsel Scott D. Ponce’s Application to Appear Pro Hac Vice is CONTINUED to FEBRUARY 15, 2023 at 10:30 a.m. in DEPARTMENT 25, SPRING STREET COURTHOUSE.  Counsel is ordered to file and serve a corrected Notice at least sixteen (16) court days before the next scheduled hearing.  Counsel is also ordered to submit evidence demonstrating he paid the $50.00 application fee to the State Bar of California.  Failure to do so may result in the Application being placed off calendar or denied.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of December 23, 2022.                     [   ] Late                      [X] None

REPLY:                     None filed as of December 23, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On October 17, 2022, Petitioner Miami New Times, LLC (“Petitioner”) filed a Petition to Compel Compliance with Subpoena (“Petition”) against Respondent Erik Laibe (“Respondent”).

On October 19, 2022, Scott D. Ponce, Esq. filed the instant Application to Appear as Counsel Pro Hac Vice (“Application”) for Petitioner Miami New Times, LLC, in association with Counsel of Record Lydia L. Lockett, Esq. (“Lockett”).  No opposition has been filed to the Application.

On October 26, 2022, the Court denied Petitioner’s Ex Parte Application for Order Shortening Time for Notice and Advancing Hearing Dates on Petition to Compel Compliance with Subpoena and Application to Appear as Counsel Pro Hac Vice filed on October 24, 2022.  (10-26-22 Minute Order.)

II.              Legal Standard

California Rules of Court 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.  (Cal. Rules of Court, rule 9.40.)

“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 of 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).)

III.            Discussion

Counsel Scott D. Ponce (“Ponce”) has submitted the instant verified Application to appear as counsel pro hac vice for Petitioner Miami New Times, LLC, in association with Counsel of Record Lydia L. Lockett.  (Ponce Decl. ¶ 1.)  He has also submitted Proof of Service indicating that Respondent was served with the Notice and Application by overnight courier on October 20, 2022.  (10-20-22 Proof of Service.)

Counsel Ponce declares that he has been admitted to practice in several jurisdictions and has provided the dates of admission.  (Ibid. at ¶ 4.)  Counsel has not been admitted to practice in the state of California.  (Ibid.)  He is a member of good standing in all jurisdictions and is “not currently suspended or disbarred in any court.”  (Ibid. at ¶ 5.)  He has provided his residence and home addresses, which are both located in the state of Florida.  (Ibid. at ¶¶ 2-3.)  Counsel has not applied to appear as counsel pro hac vice in California in the last two years.  (Ibid. at ¶ 6.)  Finally, Counsel provides the name, address, and telephone number of Petitioner’s attorney of record, who practices in California.  (Ibid. ¶ 6.)

Despite substantial compliance with the requirements of such applications, the Court notes that Counsel has failed to submit evidence demonstrating that he paid the $50.00 application fee to the State Bar of California.  The Court orders Counsel to submit evidence demonstrating payment of the $50.00 to the State Bar.

            Furthermore, Counsel has submitted a defective Notice of Application, which lists the Stanley Mosk Courthouse address instead of the Spring Street Courthouse address, where the hearing on the Application will be held.  Counsel is ordered to correct the Notice, file it with the Court, and serve it on Respondent.

IV.           Conclusion & Order

For the foregoing reasons,

The hearing on Counsel Scott D. Ponce’s Application to Appear Pro Hac Vice is CONTINUED to FEBRUARY 15, 2023 at 10:30 a.m. in DEPARTMENT 25, SPRING STREET COURTHOUSE.  Counsel is ordered to file and serve a corrected Notice at least sixteen (16) court days before the next scheduled hearing.  Counsel is also ordered to submit evidence demonstrating he paid the $50.00 application fee to the State Bar of California.  Failure to do so may result in the Application being placed off calendar or denied.

Moving party is ordered to give notice.