Judge: Malcolm Mackey, Case: 22STCV29166, Date: 2023-04-13 Tentative Ruling
Case Number: 22STCV29166 Hearing Date: April 13, 2023 Dept: 55
AMELL
v. STAVOLA 22STCV29166
Hearing Date: 4/13/23,
Dept. 55
#3: APPLICATION FOR THE ADMISSION OF JOHN S. VISHNESKI III TO APPEAR
AS COUNSEL PRO HAC VICE.
Notice: Okay.
No
Opposition.
MP:
Defendant RESCUES ROCK, INC.
RP:
Summary
On 9/7/22, plaintiffs CASSANDRA AMELL et al. filed
a Complaint.
On 1/11/23, plaintiffs filed a First Amended
Complaint, alleging that their neighbor defendants own and operate a large
animal kennel operation on residential property, in violation of zoning and
permit laws, causing odors, noise and disease risks, and making unlivable
plaintiffs’ residence located at 8743
Wonderland Park Avenue, Los Angeles.
The causes of action are:
(1) PRIVATE NUISANCE
[CIVIL CODE §§ 3479, 3481];
(2) PUBLIC NUISANCE
[CIVIL CODE §§ 3480, 3483];
(3) INJUNCTIVE RELIEF;
(4) DECLARATORY RELIEF;
(5) TRESPASS; and
(6) NEGLIGENCE.
MP
Positions
Applicant requests to be admitted pro hac vice for
defendants, on grounds including the following:
·
Applicant’s address is in Chicago.
·
Applicant has never been suspended,
disbarred, or resigned from the practice of law in any jurisdiction.
·
Applicant has been admitted to appear pro
hac vice in two California cases in 2020 and 2022.
·
The State Bar fee has been paid.
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.
*IF PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S
TENTATIVE RULING, PLEASE CALL THE COURTROOM AT 213-633-0655*