Judge: Michael E. Whitaker, Case: 24SMCV01526, Date: 2024-09-23 Tentative Ruling

Case Number: 24SMCV01526    Hearing Date: September 23, 2024    Dept: 207

TENTATIVE RULING

MOTION

Jonathan B. Loiterman, Esq. (“Counsel”) has filed a motion to appear as counsel pro hac vice for Plaintiff and Cross-Defendant Deviget, LLC (“Plaintiff”).  The motion 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, so long as that 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).)

            Counsel’s verified application includes all of the above information.  Moreover, with regard to notice by mail on the State Bar, Counsel has provided a proof of service indicating service of the application, memorandum in support, verified application of Jonathan B. Loiterman, and Declaration of Eric S. Beane were served by mail to the State Bar’s San Francisco office and to counsel for Defendant and Cross-Complainant Stax Health. 

            However, Counsel has not provided any indication that he has paid the requisite $50 fee to the State Bar of California. 

CONCLUSION AND ORDER

Therefore, the Court continues the hearing to October 14, 2024 to enable Counsel to demonstrate payment of the $50 application fee. 

Counsel for Plaintiff shall provide notice of the continue hearing, including the State Bar of California, and file the notice with a proof of service forthwith.

DATED: September 23, 2024                                                 ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court