Judge: Lee S. Arian, Case: 23STCV02454, Date: 2025-02-25 Tentative Ruling

Case Number: 23STCV02454    Hearing Date: February 25, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Legal Standard 

California Rules of Court Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon notice by mail to all interested parties, as well as service on the State Bar in San Francisco with payment of a prescribed fee, so long as that attorney is not a resident of California, does not work in California, and does not perform regular or substantial business, professional, or other activities in the State. (Cal. Rules of Court, rule 9.40.)¿ 

¿       The written application must provide the following information: (1) applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) representation that the attorney applicant is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the preceding two years, if any; and (5) the name, address, and telephone number of the active California State Bar member who is counsel of record in the local action. (Cal. Rules of Court, rule 9.40(d).)¿¿ 

Discussion 

Defendants Nilkants, Inc. and Shiswa, Inc. are represented by Arron Nesbitt of Quintairos, Prieto, Wood & Boyer, P.A. Defendant now moves the Court to permit Anthony Vanicek to appear as counsel pro hac vice in this Court.

Mr. Vanicek satisfies all the requirements under Cal. Rules of Court, rule 9.40:

• Mr. Vanicek is not a California resident, is not regularly employed in California, and does not engage in substantial business, professional, or other activities in the state. (Vanicek Decl. ¶ 5.)
• His residence and office addresses are provided. (Vanicek Decl. ¶¶ 5-6.)
• He is a licensed attorney in good standing in Colorado, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the Tenth Circuit. (Vanicek Decl. ¶¶ 3, 8-9.)
• He is not currently suspended or disbarred in any jurisdiction. (Vanicek Decl. ¶ 9.)
• He has not previously applied for pro hac vice admission in California in the past two years or at any time. (Vanicek Decl. ¶ 7.)
• The application identifies the active California attorney of record, Arron Nesbitt, Esq., including his name, address, and contact information. (Vanicek Decl. ¶ 10; Nesbitt Decl. ¶¶ 2-3.)
• The required $500.00 fee has been submitted to the State Bar of California. (Vanicek Decl. ¶ 11.)
• Copies of the application and Notice of Hearing have been submitted through the State Bar’s Applicant Portal. (Nesbitt Decl. ¶ 6.)

Accordingly, Mr. Vanicek application is thereby granted.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.