Judge: Katherine Chilton, Case: 23STLC00095, Date: 2023-04-18 Tentative Ruling

Case Number: 23STLC00095     Hearing Date: April 18, 2023    Dept: 25

PROCEEDINGS:      APPLICATION TO BE ADMITTED PRO HAC VICE

MOVING PARTY:   Counsel Julie F. Wall for Plaintiff

RESP. PARTY:         None

APPLICATION TO BE ADMITTED PRO HAC VICE

(CRC Rule 9.40)

TENTATIVE RULING:

The hearing on Counsel Julie F. Wall’s Application to Appear Pro Hac Vice is CONTINUED to MAY 18, 2023 at 10:30 a.m. in DEPARTMENT 25, SPRING STREET COURTHOUSE.  Counsel is ordered to file supplemental papers addressing the deficiencies noted herein at least 16 court days before the scheduled hearing. 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)                 NONE

[X] Correct Address (CCP §§ 1013, 1013a)                                                 NONE

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     NONE

OPPOSITION:          None filed as of April 13, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of April 13, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On January 5, 2023, Plaintiff North American Company for Life and Health Insurance (“North American” or “Plaintiff”) filed a complaint in interpleader against Defendants Kelly N. Graham-Lawrence (“Kelly”) and Scott A. Graham (“Scott”), (collectively “Defendants”).

On January 9, 2023, Plaintiff filed a Notice of Deposit of Interpleader Funds and Request to Place Funds in Interest Bearing Account.

On January 17, 2023, Counsel Julie F. Wall, filed the instant Application to Be Admitted Pro Hac Vice (“Application”) for Plaintiff.  Another Motion and Application to be Admitted Pro Hac Vice were submitted by Counsel Julie F. Wall on January 18, 2023.

No opposition has been filed.

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 Julie F. Wall filed an Application to be Admitted Pro Hac Vice on January 17, 2023, and January 18, 2023.  Counsel also filed a Motion to be Admitted Pro Hac Vice on January 18, 2023.  It appears that the moving papers in each case are identical.  Thus, the Court disregards the earlier filed papers and considers the final Application filed on January 18, 2023, with its supporting documentation.

Counsel Julie F. Wall has submitted a verified Application requesting to be admitted as counsel pro hac vice for Plaintiff.  (App. p. 2.)  She is not a resident of California and does not practice law or any other profession in the State of California.  (Ibid. ¶ 1.)  Counsel provides her residence address and office address, both located in the State of Illinois.  (Ibid.)  The Application lists the courts to which she has been admitted to practice, along with dates, and a statement that she is a member in good standing and has never been suspended or disbarred in any jurisdiction.  (Ibid. at ¶ 2.)  Counsel Wall applied to appear pro hac vice in the United States District Court for the Central District of California on April 9, 2021; her request was granted on April 12, 2021.  (Ibid. at ¶ 3.)  Counsel also provides the name, address, and telephone number of Plaintiff’s attorney of record, who practices in California.  (Ibid. ¶ 4.)

Counsel has not filed proof of service, but states that to date, none of the parties have appeared in the matter.  (Notice p. 2.)

Despite substantial compliance with the requirements of such applications, the Court finds that Counsel has not submitted proof of service showing that a copy of the Application was sent to the State Bar of California at its San Francisco office, with a payment of the $50.00 fee.

Accordingly, the Court continues the hearing on the Application and orders Counsel Wall to submit proof as noted.

IV.           Conclusion & Order

For the foregoing reasons,

The hearing on Counsel Julie F. Wall’s Application to Appear Pro Hac Vice is CONTINUED to MAY 18, 2023 at 10:30 a.m. in DEPARTMENT 25, SPRING STREET COURTHOUSE.  Counsel is ordered to file supplemental papers addressing the deficiencies noted herein at least 16 court days before the scheduled hearing. Failure to do so may result in the Application being placed off calendar or denied.

Moving party is ordered to give notice.