Judge: Melvin D. Sandvig, Case: 24CHCV01905, Date: 2025-04-01 Tentative Ruling
Case Number: 24CHCV01905 Hearing Date: April 1, 2025 Dept: F47
Dept. F47
Date: 4/1/25
TRIAL DATE: 8/3/26
Case #24CHCV01905
APPLICATION TO
APPEAR PRO HAC VICE
Application filed 3/7/25.
MOVING PARTY: Cross-Defendant Roadway Movers California,
Inc.
RESPONDING PARTY: all other parties
RELIEF REQUESTED: An order permitting Jonathan A.
Lynn to appear as counsel pro hac vice for Cross-Defendant Roadway
Movers California, Inc. in this action.
RULING: The application is denied without
prejudice.
Pursuant to CRC 9.40(c), “[t]he 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.” Here, the proof of
service attached to the application was executed on 3/7/25 but indicates that
the application was served by U.S. mail on 2/3/25. (See Application, pp.7-8). Service of the application on 2/3/25 would
have been impossible because the application itself is dated 3/7/25 and the
applicant’s declaration was signed on
3/6/25. (See Application, p.2:10,
p.6:9, p.4:4). Service of the
application by U.S. mail on 3/7/25 does not provide the 16 court days plus 5
calendar days notice required for service by mail. See CCP 1005(b). Another, separate proof of service was filed
on 3/7/25 indicating that the application was served electronically on counsel
for the other parties in this action on 3/7/25.
Such service does not comply with the notice requirements for such
service (16 court days plus 2 court days notice). See CCP 1005(b); CCP 1010.6(a)(3)(B). Moreover, the proof of electronic service
does not show service on the State Bar of California as required. CRC 9.40(e).
Additionally, the declaration of Todd B. Serota is not
included with the application as indicated in the notice. (See Application, p.2:8-9). Further, there is no indication that the
application fee has been paid to the State Bar of California as required. See CRC 9.40(e).