Judge: Maurice A. Leiter, Case: 23STCV23645, Date: 2025-01-15 Tentative Ruling

Case Number: 23STCV23645    Hearing Date: January 15, 2025    Dept: 54

Hearing Date: January 15, 2025

Department 54, Judge Maurice Leiter

Application to Appear Pro Hac Vice

Moving Party: Plaintiff Southland Transit, Inc. on behalf of Daniel R. Formeller

Responding Party: Unopposed  

T/R:     The Application to Appear as Counsel Pro Hac Vice is DENIED WITHOUT PREJUDICE

            PLAINTIFF TO NOTICE.

The Court considers the moving papers. No opposition papers were filed.

BACKGROUND

On December 20, 2024, Plaintiff, on behalf of Daniel R. Formeller, filed and served the instant Application to Appear Pro Hac Vice.

On January 3, 2025, Defendants Golden Bear Insurance Company, General Star Indemnity Company, and Endurance American Specialty Insurance Company filed a notice of non-opposition to the Application.  

ANALYSIS

 California Rules of Court, Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by  filing “with the court a verified application with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.” (Cal. Rules of Court, Rule 9.40(c)(1).) “An applicant for permission to appear as counsel pro hac vice under this rule must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar.” (Cal. Rules of Court, Rule 9.40(e).)

The written application must provide the following information: (1) applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) representation that the attorney is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the preceding two years, if any; and (5) the name, address, and telephone number of the active California State Bar member who is counsel of record in the local action. (Cal. Rules of Court, Rule 9.40(d).)

            The Application is procedurally deficient. The proof of service attached to the Application does not show service of the Application or the notice of hearing on the State Bar of California, as required by Cal. R. Ct., rule 9.40(c)(1).