Judge: Lee W. Tsao, Case: 24NWCV00604, Date: 2024-05-14 Tentative Ruling

Case Number: 24NWCV00604    Hearing Date: May 14, 2024    Dept: C

Jebarah Investments Inc. vs Osamah Khaled

Case No.: 24NWCV00604

Hearing Date: May 14, 2024 @ 9:30 AM

#8

Tentative Ruling

Counsel Rafat H. Abdeljaber’s application to appear Pro Hac Vice on behalf of Defendant Osamah Khaled is GRANTED.

Defendant to give notice.

Background

This is an unlawful detainer action brought by Plaintiff Jebarah Investments Inc. (“Plaintiff”) against Defendant Osamah Khaled (“Defendant”).

Counsel Rafat H. Abdeljaber requests permission to appear Pro Hac Vice on behalf of Defendant Osamah Khaled.

Analysis 

a.            Notice 

Under the Rules of Court, rule 9.40(c), an applicant seeking to appear pro hac vice: 

must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. 

(Cal. Rules of Court, rule 9.40(c).) 

Here, Movants filed a proof of service indicating they served copies of their application upon Plaintiff. 

Included in their application, Movants submit the Declaration of Ashley N. Vernick who attests she served the State Bar of California by uploading the pro hac vice application to its system. (Decl. Vernick Supp. Pro Hac Vice Appl. ¶ 3; Exhibit B.) 

Because Movants served all necessary parties, they have satisfied the rule for notice.

b.            Application to Be Admitted Pro Hac Vice 

An attorney who is a member in good standing of the bar of another state, who has been retained to appear in a particular cause pending before a court of this state may, “in the discretion of such court” be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).) No person is eligible to appear pro hac vice if the person is a California resident, regularly employed in California, or regularly engaged in substantial business in California. (Ibid.)  

The attorney seeking to appear pro hac vice must then file an application with the Court indicating: 

(1) the applicant's residence and office address; 

(2) the courts to which the applicant has been admitted to practice and the dates of admission; 

(3) that the applicant is a licensee in 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 licensee of the State Bar of California who is attorney of record. 

(Cal. Rules of Court, rule 9.40(d).) 

Lastly, in addition to serving the application and notice of hearing on the State Bar (as discussed above), the applicant must remit an application fee to the State Bar. (Cal. Rules of Court, rule 9.40(e).) 

According to the Declaration of Rafat H. Abdeljaber in Support of Pro Hac Vice Application, Rafat H. Abdeljaber is an attorney in good standing of the bar of the State of Arizona. (Decl. Abdeljaber Supp. Pro Hac Vice Appl. ¶ 1.) He has been retained by Movants to represent them in this matter. He attests that he resides in Arizona; therefore, he is not a resident of California; nor is she regularly employed in California or regularly engaged in substantial business here. (Id., ¶ 1.) 

Additionally, Abdeljaber correctly provided his residence and office addresses, the courts he is admitted to practice before, the dates of these admissions, and a promise that he is in good standing of all those courts. (Decl. Abdeljaber Supp. Pro Hac Vice Appl. ¶ 1.) He states he is not currently suspended or disbarred in any court and has not filed any pro hac vice applications in the last two years. (Id., ¶¶ 2, 3.) He provided the name, address, and telephone number of the active licensee of the State Bar of California who is the attorney of record (Ashley Vernick, Stevem J. Goon, and Joelle Leib). (Id., ¶ 3). 

Finally, in Exhibit B attached to the Declaration of Ashley N. Vernick, Vernick shows the $50 fee has been paid to the State Bar of California. (Decl. Vernick Supp. Pro Hac Vice Appl., Exhibit B.) 

Accordingly, Rafat H. Abdeljaber is eligible for admission pro hac vice, and the application contains all the requisite components.