Judge: Malcolm Mackey, Case: 22STCV20746, Date: 2022-11-07 Tentative Ruling



Case Number: 22STCV20746    Hearing Date: November 7, 2022    Dept: 55

KOMBERT-ROSENBLATT v. HIDDEN PPF, LLC                               22STCV20746

Hearing Date:  11/7/22,  Dept. 55

4:  VERIFIED APPLICATION OF SHAYNA FREYMAN TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS HIDDEN PPF LLC AND COREY HESTER.

 

Notice:  Okay

No Opposition

 

MP:  Defendants

RP:  

 

 

Summary

 

On 6/24/22, Plaintiff BRANDON KOMBERT-ROSENBLATT filed a Complaint alleging a controlling owner’s decision to unlawfully expel Plaintiff as a minority owner in Defendant HIDDEN PPF, LLC, and to strip Plaintiff’s vested 15% equity membership interest in a multimillion-dollar company, plus defendants terminated Plaintiff’s employment without cause and without paying Plaintiff compensation due.

The causes of action are:

1. BREACH OF CONTRACT;

2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING;

3. CONVERSION;

4. BREACH OF FIDUCIARY DUTY;

5. VIOLATIONS OF BUSINESS AND PROFESSIONS CODE § 17200;

6. ACCOUNTING;

7. DECLARATORY RELIEF;

8. BREACH OF CONTRACT.

 

 

MP Positions

 

Shayna Freyman applies to appear as counsel pro hac vice for Defendants, on grounds including the following:

 

·         Counsel is a member of good standing of the Bar of Florida.

·         Counsel has never been suspended or disbarred by any court.

·         Counsel is not a resident of California, not regularly employed in California, and not regularly engaged in substantial business, professional, or other activities.

·         Counsel never previously applied to appear in California cases.

·         Counsel paid the State Bar fee.

 

           

 

Tentative Ruling

 

The application is granted.

 The Court finds that it sufficiently complies with California Rules of Court, Rule 9.40, including the applicant’s declaration addressing the rule elements. 

Additionally, no reason appears to deny the application, including because of the absence of any opposition.

A judge’s determination of whether to grant an application to appear pro hac vice is evaluated under the abuse-of-discretion standard. Walter E. Heller Western, Inc. v. Sup. Ct. (1980) 111 Cal.App.3d 706, 711; United States Golf Ass'n v. Arroyo Software Corp. (1999) 69 Cal. App. 4th 607, 624;  Magee v. Sup. Ct. (1973) 8 Cal.3d 949, 953-54.  There is no statement of the limit of court discretion in ruling on applications to appear pro hac vice in civil cases.  Sheller v. Sup. Ct. (2008) 158 Cal.App.4th 1697, 1713.