Judge: Katherine Chilton, Case: 23STLC00095, Date: 2023-05-18 Tentative Ruling

Case Number: 23STLC00095     Hearing Date: May 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:

Counsel Julie F. Wall’s Application to Appear Pro Hac Vice is GRANTED.

SERVICE:[1]

[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 May 15, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of May 15, 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.

On April 18, 2023, the Court noted that Counsel had 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.  (4-18-23 Minute Order.)  Accordingly, the Court continued the hearing on the Application.  (Ibid.)

            On April 19, 2023, Jason A. James filed his declaration in support of the Application.

            On May 16, 2023, Defendant Scott filed an Answer to the Complaint and a Cross-Complaint against Defendant Kelly.

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 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.)

On April 18, 2023, the Court noted that, despite substantial compliance with the requirements of such applications, Counsel had 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.  (4-18-23 Minute Order.)  For this reason, the Court continued the hearing on the Application and ordered Counsel Wall to submit proof as noted.  (Ibid.)

            On April 19, 2023, Jason A. James filed his declaration in support of the Application.  Counsel James states that on January 19, 2023, he uploaded the Application to the California State Bar Applicant Portal and paid the $50 application fee.  (James Decl. ¶ 7.)  He received confirmation that the payment was received, and that the Application was pending review.  (Ibid. at ¶¶ 8-9, Exs. 2-3.)  On February 28, 2023, he received email confirmation that the Application was successfully filed and approved.  (Ibid. at ¶ 10, Ex. 4.)

            The Court finds that Counsel has satisfied all requirements for the Application.  Accordingly, Counsel Wall’s Application to Appear Pro Hac Vice is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel Julie F. Wall’s Application to Appear Pro Hac Vice is GRANTED.

Moving party is ordered to give notice.