Judge: Michael E. Whitaker, Case: 23SMCV04317, Date: 2024-01-08 Tentative Ruling

Case Number: 23SMCV04317    Hearing Date: January 8, 2024    Dept: 207

TENTATIVE RULING

APPLICATION

Timothy K. Masterson (“Applicant”) moves for a court order to appear as counsel pro hac vice for Defendant Einstein Noah Restaurant Group, Inc. (“Defendant”) in this action.  The application is unopposed.

ANALYSIS

            California Rules of Court rule 9.40 provides that 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, provided that the attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of California. (Cal. Rules of Court, rule 9.40.)

The application must state: (1) the applicant’s residence and office addresses; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member of 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).)

Here, the Masterson declaration states all of the above information.  Further, the proof of service indicates that the State Bar of California was served with the notice and application via express mail, and the Deziel declaration indicates that the $50 fee was paid to the State Bar.

Therefore, having satisfied all requirements, the Court grants Masterson’s application to be admitted pro hac vice in this matter.

Defendant shall provide notice of the Court’s ruling and file a proof of service regarding the same.

DATED: January 8, 2024                                                       ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court