Judge: Mark A. Young, Case: 24SMCV00099, Date: 2024-02-28 Tentative Ruling

Case Number: 24SMCV00099    Hearing Date: February 28, 2024    Dept: M

CASE NAME:           Fanfixapp LLC v. Passes, Inc., et al.

CASE NO.:                24SMCV00099

MOTION:                  Pro Hac Vice Application

HEARING DATE:   2/28/2024

LEGAL STANDARD

California Rule of Court (CRC) rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California and does not perform regular or substantial business, professional or other activities in the State.

The written application must provide the following information:

(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.

(CRC Rule 9.40(d).)

ANALYSIS

Counsel Alex Meier applies to be admitted pro hac vice as counsel of record for Plaintiffs Fanfixapp LLC and Superordinaryco USA Inc. Separately, Counsel Yue Wange applies to be admitted pro hac vice as counsel of record for Defendant Passes, Inc. Both applications satisfy rule 9.40, as the supplied declarations provided the required information. (Meier Decl., ¶¶ 1-5; Martoccia Decl.; Wang Decl., ¶¶ 1-10.)

            The Court notes that in the past two years Meier has successfully applied to appear pro hac vice in California courts in a superior court action, a related JAMS arbitration proceeding, and two separate arbitration proceedings. The Court will grant his application but warns Mr. Meier that he is approaching being “regularly engaged in substantial business, professional, or other activities in the State of California.” (See CRC Rule 9.40(a)(3), (b).)

            Accordingly, the applications are GRANTED.