Judge: Michael E. Whitaker, Case: 24SMCV02543, Date: 2024-08-29 Tentative Ruling

Case Number: 24SMCV02543    Hearing Date: August 29, 2024    Dept: 207

TENTATIVE RULING

MOTION

Jennifer B. Sokoler (“Counsel”) has filed an application to appear as counsel pro hac vice for Defendants the University of California, Los Angeles and The Regents of the University of California, Los Angeles (“Defendants”).  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, 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).)

            The declarations of Counsel and of Matthew R. Cowan include all of the above information.   With regard to notice to the State Bar, Cowan’s declaration indicates, “The State Bar of California and all parties who have appeared in this matter are being served with the Notice of Verified Application of UCLA for Non-Resident Attorney Jennifer B. Sokoler to Appear Pro Hac Vice; Memorandum of Points and Authorities; Verified Application of Jennifer B. Sokoler to Appear Pro Hac Vice; and this Declaration of Matthew R. Cowan pursuant to the requirements of California Rule of Court 9.40; and a Proposed Order.”  (Cowan Decl. ¶ 3.) 

However, Cowan’s statements are insufficient to demonstrate compliance with California Rules of Court, Rule 9.40(c).  Rule 9.40(c)(1) provides:  “A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The 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.”   (Cal. Rules of Court, rule 9.40(c)(1), emphasis added.) 

CONCLUSION AND ORDER

Therefore, the Court continues the hearing on Counsel’s Application To Appear Pro Hac Vice to October 1, 2024 at 8:30 A.M. in Department 207.  Counsel shall file a supplemental application, with the requisite proof of service, demonstrating compliance with Rule 9.40 on or before September 20, 2024.[1]

Counsel shall provide notice of the Court’s ruling and file the notice with a proof of service forthwith.

DATED: August 29, 2024                                                      ___________________________

Michael E. Whitaker