Judge: Lynne M. Hobbs, Case: 22STCV25073, Date: 2024-04-30 Tentative Ruling

Case Number: 22STCV25073    Hearing Date: April 30, 2024    Dept: 30

YOLANDA CANDELARIO MACARIO, AN INDIVIDUAL vs LOTUS ELEVEN VENTURES, INC., et al.

TENTATIVE

The application for admission to appear as counsel pro hac vice is CONTINUED.  Moving party is ordered to give notice.

Legal Standard

CRC Rule 9.40(c)(1) provides that an attorney in good standing in another jurisdiction may apply to appear as counsel pro hac vice in the State of California by filing a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of California.

The application must state: (1) the applicant’s residence and office addresses; (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 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 member of the State Bar of California who is attorney of record in the local action. (Cal. Rules of Court, rule 9.40(d).)

Discussion

Michael O’Malley seeks a court order permitting him to appear as counsel pro hac vice to represent Defendant.

The Court finds that O’Malley’s application does not comply with the requirements of CRC Rule 9.40 at this time and must be continued. There is no proof of service by mail of a copy of the application and notice of hearing on the State Bar at its San Francisco office.

Conclusion

Based on the foregoing, the application for admission to appear as counsel pro hac vice is CONTINUED to allow counsel to file proof of service on the State Bar in San Francisco of the application and notice of the continued hearing.