Judge: Lisa R. Jaskol, Case: 22STCV37980, Date: 2024-11-06 Tentative Ruling

Case Number: 22STCV37980    Hearing Date: November 6, 2024    Dept: 28

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

BACKGROUND 

On December 5, 2022, Plaintiff Tiffany Nicole Evins (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”) and Does 1-50 for public employee negligence (vicarious liability – Gov. Code, § 815.2). 

On March 7, 2023, Defendant filed an answer. 

On September 30, 2024, Plaintiff filed an application for pro hac vice admission of Kyle W. Chapel, Esq., to represent Plaintiff.  The application was set for hearing on November 6, 2024. 

Trial is currently set for April 10, 2025. 

PARTY’S REQUEST 

Plaintiff asks the Court to admit Kyle W. Chapel, Esq., 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).) 

“Absent 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 

Plaintiff’s application for pro hac vice admission of Kyle W. Chapel, Esq., does not state whether the court granted counsel’s application for pro hac vice admission in James Crabtree v. Ramona Dairy LLC, et al., case no. CVRI2100097 in Riverside County, California.  (See Cal. Rules of Court, rule 9.40(d)(5).)  The Court continues the hearing on Plaintiff’s application for pro hac vice admission and orders counsel to submit a supplemental declaration that provides this information. 

CONCLUSION 

The Court CONTINUES Plaintiff Tiffany Nicole Evins’s application for pro hac vice admission of Kyle W. Chapel, Esq., to December 23, 2024, at 1:30 p.m. in Department 28 of the Spring Street Courthouse. 

The Court orders Kyle W. Chapel, Esq., to file and serve a supplemental declaration at least five days before the continued hearing.  The supplemental declaration should state whether the court granted Kyle W. Chapel, Esq.’s application for pro hac vice admission in James Crabtree v. Ramona Dairy LLC, et al., Case No. CVRI2100097 in Riverside County, California.  Kyle W. Chapel, Esq., must also serve the supplemental declaration on the State Bar of California. 

Moving party is ordered to give notice of this ruling. 

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