Judge: Lisa R. Jaskol, Case: 22STCV36048, Date: 2023-07-20 Tentative Ruling

Case Number: 22STCV36048    Hearing Date: July 20, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On November 15, 2022, Plaintiffs Roxanna Camarena (“Camarena”), Jazlyn Sophia Ruiz (“Jazlyn”) and Julian Marcos Ruiz (“Julian”) filed this action against Defendants Uber Technologies, Inc. (“Uber”) and Portier, LLC (“Portier”) for wrongful death – general negligence and general negligence. 

On March 28, 2023, Defendants filed separate answers. 

On May 31, 2023, the Court granted Plaintiffs’ motion for trial preference and scheduled the trial for September 1, 2023. 

On June 14, 2023, Defendants filed a motion for summary judgment. 

On June 16, 2023, the Court granted Defendants’ ex parte application to advance the hearing on the motion for summary judgment to August 21, 2023 and to continue the trial to September 15, 2023. 

On July 11, 2023, Defendants filed an application for pro hac vice admission of Angela Kelver Hall to be heard on July 20, 2023. 

Trial is currently set for September 15, 2023. 

PARTY’S REQUEST 

Defendants request that the Court admit Angela Kelver Hall pro hac vice. 

LEGAL STANDARD 

“A person who is not a licensee of the State Bar of California but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active licensee of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is: 

“(1)  A resident of the State of California; 

“(2)  Regularly employed in the State of California; or 

“(3)  Regularly engaged in substantial business, professional, or other activities in the State of California.”  

(Cal. Rules of Court, rule 9.40(a).) 

In addition, “[a]bsent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.” (Cal. Rules of Court, rule 9.40(b).) 

“A person desiring to appear as counsel pro hac vice in a superior court 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. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.”  (Cal. Rules of Court, rule 9.40(c)(1).) 

“The application 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 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).) 

          The applicant must also pay a fee to the State Bar.  (Cal. Rules of Court, rule 9.40(e).) 

DISCUSSION 

A.   Angela Kelver Hall’s declaration 

Hall is an attorney at the law firm of Faegre Drinker Biddle & Reath LLP, located at 300 North Meridian Street, Suite 2500, Indianapolis, Indiana 46204.  Hall resides at 9805 Equestrian Way, Zionsville, Indiana 46077. Hall is not a California resident, she is not regularly employed in the State of California, and she does not regularly engage in substantial business, professional, or other activities in the State of California.  (Hall Dec. ¶¶ 2-4.) 

Hall has been retained by Defendants to represent their interests in this matter. (Hall Dec. ¶ 5.) 

Hall is duly licensed to practice law in, and is a member of the bar in good standing in, the courts of the following jurisdictions: Indiana (admitted 07-18-2007, Bar No. 26991-71), Illinois (admitted 11-06-2003, Bar No. 6280347), U.S. District Court, Southern District of Indiana (admitted 04-09-2009), U.S. District Court, Northern District of Indiana (admitted 11-20-2007), U.S. District Court, Northern District of Illinois (admitted 01-26-2004). (Hall Dec. ¶ 6.)

Hill is not currently suspended or disbarred in any court and never has been.  (Hall Dec. ¶ 7.) 

Within the last two years, Hall has been admitted to appear as counsel pro hac vice in the following cases: 

1.    American Guarantee Liability Co. et al. v. NIBCO Inc., et al., No 2:20-cv-11051-RJK-AFM AFM (C.D. Cal.)

2.    Murguia et al. v. Denver Eaton et al., No. CVPO20-00056 (Superior Court, Yuba County)

3.    Mario Figueroa v. Uber Technologies, Inc. et al., No. 20STCV48412 (Superior Court, Los Angeles County) 

Hall has not applied for pro hac vice admission in any other matters in the preceding two years in California.  (Hall Dec. ¶ 8.) 

Hall has associated with Tarifa B. Laddon, who is an active member of the State Bar of California, to represent Defendants in the above-captioned action.  Ms. Laddon is a partner with the Los Angeles office of Faegre Drinker Biddle & Reath LLP, 1800 Century Park East, Suite 1500, Los Angeles, California 90067, telephone number (310) 203-4000. (Hall Dec. ¶ 10.) 

A true and correct copy of this application was submitted online through California Bar Admissions Information Management System (AIMS) to the San Francisco office of the California State Bar, along with the required $50 fee.  (Hall Dec. ¶ 11.) 

B.   Declaration of Tarifa B. Laddon 

Laddon is an attorney duly admitted to practice before this Court. She is a partner with the law firm of Faegre Drinker Biddle Reath LLP, attorneys of record for Defendants.  (Laddon Dec. ¶ 1.)

Laddon is an active member in good standing of the State Bar of California. (Laddon Dec. ¶ 2.) 

Laddon requests leave of the court for Angela Kelver Hall to appear as counsel pro hac vice in this action in association with Laddon. (Laddon Dec. ¶ 3.) 

A true and correct copy of this application has been served upon all parties.  (Laddon Dec. ¶ 4.) 

C.   Service of application on State Bar 

The proof of service attached to the application shows service by mail on the State Bar of California. 

The Court grants the application. 

CONCLUSION 

The application for pro hac vice admission of Angela Kelver Hall filed by Defendants Uber Technologies, Inc. and Portier, LLC is GRANTED. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.