Judge Lynette Gridiron Winston, Case Number: 24PSCV01648, Date: 2024-08-29 Tentative Ruling

Judge: Lynette Gridiron Winston, Case: 24PSCV01648, Date: 2024-08-29 Tentative Ruling

CASE NAME: KB Encore LLC, a California Limited Liability Company, d/b/a “The Metro Sports and Restobar” v. Toast, Inc., et al.

1 – Verified Application of Dylan S. O’Sullivan to Appear as Counsel Pro Hac Vice; and

2 – Verified Application of Ryan P. McManus to Appear as Counsel Pro Hac Vice

The Court GRANTS the verified application of Dylan S. O’Sullivan to Appear as Counsel Pro Hac Vice.

The Court GRANTS the verified application of Ryan P. McManus to Appear as Counsel Pro Hac Vice.

Defendants are ordered to give notice of the Court’s ruling within five calendar days of this order.

This is a business dispute. On May 21, 2024, plaintiff KB Encore LLC, a California Limited Liability Company, d/b/a “The Metro Sports and Restobar” (Plaintiff) filed this action against defendants Toast, Inc., Richard Castrejon, Michael Mulkey (collectively, Defendants), and Does 1 through 50, alleging causes of action for breach of contract, fraud by concealment, negligent misrepresentation, breach of implied covenant of good faith and fair dealing, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, negligence, and unfair business practices/violation of Business and Professions Code § 17200.

On August 5, 2024, Defendants applied for Dylan S. O’Sullivan and Ryan P. McManus to appear as counsel pro hac vice. The applications are unopposed.

Any attorney licensed to practice before the bar of any United States court or the highest court in any state, and who has been retained to appear in a particular cause pending a court of this State, but who is not a licensee of the California State Bar may apply to appear pro hac vice in this State by submitting his written application and mailing notice to all interested parties, as well as notice and a $50.00 application fee to the State Bar Association in San Francisco.¿ (Cal. Rules of Court, rule 9.40, subds. (a), (c), (e).)¿ An applicant may not reside or work in California, and may not perform regular or substantial business, professional, or other activities here. (Id., rule 9.40, subd. (a).)

Defendants submitted the verified application of attorney Dylan S. O’Sullivan (O’Sullivan) to be admitted pro hac vice as counsel for Defendants. O’Sullivan is admitted to practice in the state of Massachusetts and in the United States District Court, District of Massachusetts. (O’Sullivan App., ¶ 6.) O’Sullivan is in good standing and is not currently suspended or disbarred. (Id., ¶ 7.) O’Sullivan is not a resident of California, is not regularly employed in California, and does not regularly engage in practice or conduct other business in California. (Id., ¶ 5.) O’Sullivan provided a residential and office address in Massachusetts as well. (Id., ¶¶ 2, 5.) O’Sullivan has not applied to appear pro hac vice in California in the past two years. (Id., ¶ 8.) O’Sullivan has designated Margaret A. Ziemianek and Stella Padilla of Hanson Bridget LLP as his local attorney designees. (Id., ¶ 9.) The proofs of service also indicate service by mail on the State Bar of California. (Cal. Rules of Court, rule 9.40, subd. (c)(1).)[1]

Defendants also submitted the verified application of Ryan P. McManus (McManus) to be admitted pro hac vice as counsel for Defendants. McManus is admitted to practice in the state of Massachusetts, the United States District Court, District of Massachusetts, the First, Third, and Fifth Circuit Court of Appeals, and the U.S. Supreme Court. (McManus App., ¶ 6.) McManus is in good standing and is not currently suspended or disbarred. (Id., ¶ 7.) McManus is not a resident of California, is not regularly employed in California, and does not regularly engage in practice or conduct other business in California. (Id., ¶ 5.) McManus provided a residential and office address in Massachusetts as well. (Id., ¶¶ 2, 5.) McManus has not applied to appear pro hac vice in California in the past two years. (Id., ¶ 8.) McManus has designated Margaret A. Ziemianek and Stella Padilla of Hanson Bridget LLP as his local attorney designees. (Id., ¶ 9.) The proofs of service also indicate service by mail on the State Bar of California. (Cal. Rules of Court, rule 9.40, subd. (c)(1).)[2]

Based on the foregoing, the Court GRANTS O’Sullivan’s and McManus’ declarations.

The Court GRANTS the verified application of Dylan S. O’Sullivan to Appear as Counsel Pro Hac Vice.

The Court GRANTS the verified application of Ryan P. McManus to Appear as Counsel Pro Hac Vice.

Defendants are ordered to give notice of the Court’s ruling within five calendar days of this order.

[1] The Court notes that the proofs of service indicate the applications were served electronically on the parties in this action instead of by mail per Rule 9.40, subdivision (c)(1), of the California Rules of Court. Nevertheless, the Court exercises its discretion here to find service was proper, given the commonplace nature of electronic service these days.

[2] See fn. 1.