Judge: Mel Red Recana, Case: 24STCV19784, Date: 2024-10-29 Tentative Ruling
Case Number: 24STCV19784 Hearing Date: October 29, 2024 Dept: 45
Hearing
date: October 29, 2024
Moving
Party: Azar M. Khazian
Responding
Party: Plaintiff Silva Garcia
Application
for Admission Pro Hac Vice
The Court
considered the moving papers and opposition.
The
application is DENIED without
prejudice.
Background
On
August 7, 2024, Plaintiff Silva Garcia (“Plaintiff”) filed complaint against
Defendant Diversified FoodService Supply, LLC d/b/a www.fmponline.com
(“Defendant”), alleging a sole cause of action for Violation of California
Invasion of Privacy Act (“CIPA”) – Penal Code Section 638.51(a).
On September 23,
2024, the Court entered default against Defendant.
On
October 2, 2024, Defendant’s counsel of record Azar M. Khazian filed the
instant Application for Pro Hac Vice Admission of Rudy E. Verner. On
October 16, 2024, Plaintiff filed an Opposition. No reply has been filed.
Legal
Standard
An attorney in good standing in another jurisdiction may apply to appear
as counsel pro hac vice in the State of California by filing a verified
application together with proof of service by mail of a copy of the application
and notice of hearing on all parties who have appeared in the case and on the
State Bar of California at its San Francisco office, with payment of a $50.00
fee. The attorney cannot be a resident of California, employed in the
state, or regularly engage in substantial business, professional, or other
activities in the state. (Cal. Rules of Court, rule 9.40(a)(1)-(3),
(c)(1).)
The written application must state: (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 member 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 member of the State Bar of California who is attorney of record
in the local action. (Cal. Rules of Court, rule 9.40(d)(1)-(6).)¿
Discussion
This
application is made on the grounds that Rudy E. Verner is a member of the
Colorado bar association and meets the conditions for admission in this case as
counsel for Defendant pro hac vice.
In
opposition, Plaintiff argues the Court has no jurisdiction to hear nor grant
the instant application because Defendant is in default. “The entry of a
default terminates a defendant's rights to take any further affirmative steps
in the litigation until either its default is set aside or a default judgment
is entered.” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155
Cal.App.3d 381, 385.) The Court notes that Defendant has reserved a Motion to
Set Aside/Vacate Default for hearing on March 17, 2025. Until such motion is
heard and ruled upon, the Court is deprived of jurisdiction to grant the
present application to be admitted pro hac vice.
Therefore,
the Application for Admission Pro Hac Vice is DENIED without prejudice.
It
is so ordered.
Dated: October 29, 2024
_______________________
MEL RED RECANA
Judge of the
Superior Court