Judge: Lisa K. Sepe-Wiesenfeld, Case: 19STCV32214, Date: 2023-08-25 Tentative Ruling

Case Number: 19STCV32214    Hearing Date: August 25, 2023    Dept: N

TENTATIVE RULING

Plaintiff Ricardo Rene Garcia Jr.’s Motion for Pro Hac Vice Admission of Amanda J. Brookhyser to Appear as Counsel for Plaintiff is GRANTED. 

Plaintiff Ricardo Rene Garcia Jr. to give notice. 

DISCUSSION 

Counsel who are not active members of the California State Bar and have not been granted permission to appear pro hac vice are prohibited from representing a party in California courts. (Gentis v. Safeguard Bus. Systems, Inc. (1998) 60 Cal.App.4th 1294, 1308.) Counsel licensed in another state may, in the court’s discretion, be permitted to appear as counsel pro hac vice if counsel is associated with an attorney of record who is an active member of the California bar. (Cal. Rules of Court, rule 9.40(a).) Appearance pro hac vice is a privilege and not a right under the United States Constitution. (Leis v. Flynt (1979) 439 U.S. 438, 441.) 

An application to appear in California as counsel pro hac vice must state: 

(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 member in good standing in those courts;

(4) That the applicant is not currently suspended or disbarred in any court;

(5) The title of 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. 

(Cal. Rules of Court, rule 9.40(d). Amanda J. Brookhyser represents that she is a member in good standing of all bars and with all courts in which she is admitted to practice, and she has not appeared in any other actions in California in the preceding two years. She has met the requirements of California Rules of Court, rule 9.40(d), she appears qualified and ready to appear pro hac vice, and there are no other facts or circumstances to show that her appearance in this action would cause a significant disruption of orderly justice.

Accordingly, Plaintiff Ricardo Rene Garcia Jr.’s Motion for Pro Hac Vice Admission of Amanda J. Brookhyser to Appear as Counsel for Plaintiff is GRANTED.

Amanda J. Brookhyser  to give notice to all parties.