Judge: Lee S. Arian, Case: 23STCV11864, Date: 2023-12-11 Tentative Ruling

Case Number: 23STCV11864    Hearing Date: January 4, 2024    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

S.S., a minor through his Guardian ad Litem, Veronica Robinson; L.S., a minor through her Guardian ad Litem, Veronica Robinson,

                   Plaintiff(s),

          vs.

 

County of Los Angeles, a public entity; County of San Bernardino, a public entity; and DOES 1 through 100, inclusive,

                   Defendant(s).

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      CASE NO.: 23STCV11864

 

[TENTATIVE] ORDER RE: PLAINTIFFS s, S.S., a minor through his Guardian ad Litem, Veronica Robinson and

L.S., a minor through her guardian ad litem, Veronica Robinson MOTION TO ADMIT COUNSEL PRO HAC VICE

 

 

Dept. 27

1:30 p.m.

January 04, 2024

 

I.             BACKGROUND

On November 20, 2023, Thomas Stewart (“Applicant”) filed this application to appear as counsel pro hac vice to represent Plaintiffs S.S., a minor through his Guardian ad Litem Veronica Robinson, and LS., a minor through her guardian ad litem Veronica Robinson (“Plaintiffs”) in this action. (Motion, Stewart Decl., ¶ 3.) 

Applicant is a resident of Chicago, Illinois and is an attorney and member of the law firm of Derantany & Kosner. (Motion, Stewart Decl., ¶¶ 1-2.)  Applicant has been a member in good standing of the State Bar of Illinois since November 7, 2019, and has not been suspended or disbarred from any court. (Motion, Stewart Decl., ¶¶ 4,7-8.) Applicant is not a resident of California and is not a member of The California State Bar. (Motion, Stewart Decl., ¶¶ 1,11.) Applicant has filed a motion to appear as counsel in California courts during the last two years in the following actions (Motion, Stewart Decl., ¶ 15.):

A.   Superior Court of California, County of Los Angeles in the matter of Victor Avalos et. al v. County of Los Angeles et. al, Case No. 19STCV27032 on April 26, 2022. The motion was granted.

B.   United States District Court, Central District of California in the matter of Gary Agosto v. County of Los Angeles, Case No. 2:21-CV-08305-FWS-JDE on December 13, 2022. The motion was granted.

C.   Superior Court of California, County of Los Angeles in the matter of V.M, a minor et. al v. County of Los Angeles, Case No. 22STCP04257 on March 15, 2023. The motion was granted.

Local counsel of record associated with Application in this action is Brian E. Claypool. (Motion, Stewart Decl., ¶ 17.)

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

Thomas Stewart seeks a court order allowing him to appear as counsel pro hac vice to represent Plaintiffs in this action. The application complies with the requirements of California Rules of Court Rule 9.40, including serving notice on and paying the required fees to the State Bar of California.

IV.         CONCLUSION

Accordingly, the unopposed application is GRANTED.

          It is ordered that Thomas Stewart be admitted to appear as counsel pro hac vice for the purpose of representing Plaintiffs in this action.  Applicant shall be subject to all applicable rules of this Court.

Moving party to give notice. 

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 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.

 Dated this 4th day of January 2024

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court