Judge: Mark C. Kim, Case: 22LBCV00090, Date: 2022-10-11 Tentative Ruling

Case Number: 22LBCV00090    Hearing Date: October 11, 2022    Dept: S27

Pedro E. Hernandez seeks permission to appear pro hac vice to represent specially appearing party Shawn Carter.  The application satisfies CRC 9.40.  The application is denied, however, due to service issues.  The proof of service indicates the application has been served on Plaintiff.  CCP §1014 requires service on all parties who have appeared in the action.  Additionally, CRC 9.40 requires proof of service on all parties who have appeared in the action and on the State Bar.  Hernandez declares that local counsel served the State Bar, but this is not the same as proof of service on the State Bar. 

While the motion is not denied on this additional ground, the Court notes that Counsel identify themselves as attorneys for “Specially Appearing Party Shawn Carter,” but the caption and notice of motion reference “Specially Appearing Non-Party Shawn Carter.”  Carter is a named defendant in the action, and is therefore not a “non-party.”

 Carter is ordered to give notice. 

Parties who intend to submit on this tentative must call the court clerk at (562) 256-2227 indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org If the department does not receive a phone call indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s phone call must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.