Judge: Mel Red Recana, Case: 24STCV01867, Date: 2024-08-27 Tentative Ruling
All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.
Case Number: 24STCV01867 Hearing Date: August 27, 2024 Dept: 45
Hearing
date: August 27, 2024
Moving Part(ies): Wayne L. Robbins, Jr., Esq. and Victoria L. Rhodes,
Esq.
Responding
Party: None
Pro
Hac Vice x 2
The Court
considered the moving papers.
The
motions are GRANTED.
Background
On January 24, 2024, Plaintiff Enrique Reyes
Vergara filed the complaint against Defendants Lotte Global Logistics (“LGLNA”)
and Does 1 through 20. The complaint alleges (1) failure to pay overtime
compensation; (2) failure to provide meal and rest periods; and (3) failure to
provide itemized wage and hour statements.
On
July 30, 2024, Defendant counsel filed the two pro hac vice applications for
Victoria L. Rhodes, Esq. and Wayne L. Robbins, Jr. Esq.
As
of August 26, 2024, no oppositions have been filed.
Legal
Standard
Pro hac vice admission in California is governed by California Rules of Court, Rule
9.40. To be admitted pro hac vice, one must be “a member in good
standing of and eligible to practice before the bar of any United States court
or the highest court in any state, territory, or insular possession of the
United States.” California Rules of Court, Rule 9.40(a). However,
in no case shall an attorney appear pro hac vice if the attorney is a
resident of California, regularly employed in California, or “regularly engaged
in substantial business, professional, or other activities in the State of
California.” Ibid.
An attorney
seeking pro hac vice admission must file a verified application in both
court and the State Bar of California establishing
(1) [t]he
applicant's residence and office address; (2)
[t]he courts to
which the applicant has been admitted to practice and the dates of admission;
(3)[t]hat the
applicant is a member in good standing in those courts; (4)[t]hat the
applicant is not currently suspended or disbarred in any court; (5)[t]he title of
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)[t]he name,
address, and telephone number of the active member of the State Bar of
California who is attorney of record. (California Rules of Court, Rule
9.40(d). )
Lastly, repeated
applications for pro hac vice appearance may result in denial.
California Rules of Court, Rule 9.40(b).
Discussion
Merits
Here,
Counsel Rhodes and Robbins have complied with California Rules of Court, Rule
9.40. Counsel Rhodes and Robbins are not residents of California. (Robbins
Decl. ¶ 2; Rhodes Decl. ¶ 2.) Counsel Rhodes is admitted to practice in Texas. (Rhodes
Decl. ¶ 3.) Counsel Robbins is admitted to practice in Texas and Tennessee. (Robbins
Decl. ¶ 3.) Counsel Rhodes and Robbins are members in good standing. (Robbins
Decl. ¶ 4; Rhodes Decl. ¶ 4.) Counsel Rhodes and Robbins have not been
suspended or disbarred in any court. (Id. at ¶ 5; Id. at ¶ 5.)
Counsel Rhodes and Robbins have filed six pro hac vice in the past two years in
the State of California but declare that special circumstances support the
granting of this application because each previous application was for LGLNA or
in defense of former LGLNA employees related to allegations stemming from their
employment with LGLNA. LGLNA is headquartered in Texas. Counsel Rhodes and
Robbins have no present intention of filing pro hac vice applications for any
other client whose allegations do not stem from their employment with LGLNA. (Id.
at ¶ 6.) They also provided the name, address, and telephone number of Michael
E. Murphy (SBN: 174408) who is counsel of record on behalf of Defendant LGLNA.
(Id. at ¶ 8.)
Therefore,
the Court GRANTS the Pro Hac Vice applications for Victoria L. Rhodes and Wayne
L. Robbins, Jr., Esq.
It
is so ordered.
Dated: August 27, 2024
_______________________
MEL RED RECANA
Judge of the
Superior Court