Judge: Mel Red Recana, Case: 24STCV06065, Date: 2024-05-21 Tentative Ruling

Case Number: 24STCV06065    Hearing Date: May 21, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing Date:             May 21, 2024

Applicant:                   (1) Attorney Sean F. Gallagher

                                    (2) Attorney Joshua A. Romero

Responding Party:       None

(1)   Application for Pro Hac Vice Admission of Sean F. Gallagher to Appear as Counsel for Plaintiff

(2)   Application for Pro Hac Vice Admission of Joshua A. Romero to Appear as Counsel for Plaintiff

The court has considered the verified applications and accompanying declarations. No opposition was received.

The court CONTINUES Sean F. Gallagher’s application to appear as counsel pro hac vice.

The court CONTINUES Joshua A. Romero’s application to appear as counsel pro hac vice.

Discussion

            Sean F. Gallagher and Joshua A. Romero each apply for pro hac vice admission to appear as counsel for plaintiff Abodu, Inc. (“Plaintiff”).

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 fee, provided that the attorney (a) is not a California resident, (b) does not work in California, and (c) does not perform regular or substantial business, professional or other activities in California.

An application for pro hac vice admission must set forth: (1) the applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) a representation that the attorney applicant 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 prior two years; and (5) the name, address and phone number of the active California State Bar member with whom the applicant is associated. (CRC, Rule 9.40(d).)

Under CRC, Rule 9.40(b), “[a]bsent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.”

a.       Sean F. Gallagher’s Application

            As to Sean F. Gallagher’s pro hac vice application, Nary Kim, counsel for Plaintiff, declares that a payment of $50 for Mr. Gallagher’s application was submitted. (Kim Decl., ¶ 3, Exh. 1.) Mr. Gallegher attests that he is a member of good standing in the State Bar of Texas and all the courts he has been admitted, is a Texas resident and not a resident of California, is not regularly employed in California, and is not regularly engaged in practice or other business in California. (Gallagher Decl., ¶¶ 1-3.) Mr. Gallagher submits the name, address and phone number of the active California State Bar member with whom the applicant is associated. (Id. at ¶ 7.) Mr. Gallagher attests that, in the preceding two years, he has not submitted an application, to appear pro hac vice in California. (Id., ¶ 6.) The court finds this is sufficient to establish that Mr. Gallagher has not made repeated appearances under CRC, Rule 9.40(b). However, while Ms. Kim attests that she will cause a copy of Mr. Gallagher’s verified motion to appear pro hac vice to be served by mail on the State Bar of California at its San Francisco office (Kim Decl., ¶ 4), no proof of service has been filed showing this has been done. CRC, Rule 9.40(c)(1) states that proof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco office is required.

            Based on the foregoing, the hearing on this application is continued to allow Plaintiff’s counsel to file proof of service that the application and notice of the hearing have been served by mail on the State Bar California at its San Francisco office.

b.      Joshua A. Romero’s Application

As to Joshua A. Romero’s pro hac vice application, Nary Kim declares that a payment of $50 for Mr. Romero’s application was submitted. (Kim Decl., ¶ 3, Exh. 1.) Joshua Romero attests that he is a member of good standing in the State Bar of Texas and all the courts he has been admitted, is a Texas resident and not a resident of California, and is not regularly engaged in practice or other business in California. (Romero Decl., ¶¶ 1-3.) Mr. Romero submits the name, address and phone number of the active California State Bar member with whom the applicant is associated. (Id. at ¶ 7.) Mr. Romero attests that, in the preceding two years, he has not filed an application to appear pro hac vice in California. (Id., ¶ 6.) The court finds this is sufficient to establish that Mr. Romero has not made repeated appearances under CRC, Rule 9.40(b). However, while Ms. Kim attests that she will cause a copy of Mr. Romero’s verified motion to appear pro hac vice to be served by mail on the State Bar of California at its San Francisco office (Kim Decl., ¶ 4), no proof of service has been filed showing this has been done. CRC, Rule 9.40(c)(1) states that proof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco office is required.

Based on the foregoing, the hearing on this application is continued to allow Plaintiff’s counsel to file proof of service that the application and notice of the hearing have been served by mail on the State Bar California at its San Francisco office.

            It is so ordered.

Dated: May 21, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court