Judge: Michael E. Whitaker, Case: 24SMCV03269, Date: 2024-08-13 Tentative Ruling

Case Number: 24SMCV03269    Hearing Date: August 13, 2024    Dept: 207

TENTATIVE RULING

MOTION

Alex Sprio (“Counsel”) has filed a verified application to appear as counsel pro hac vice for Plaintiff Symere Woods (“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).)

            The Court finds that Counsel has provided all this information in the verified application.  With regard to notice on the State Bar, however, the notice indicates, “The $50 fee payable to the State Bar of California and the $500 fee payable to the Los Angeles County Superior Court have been tendered concurrently with the present Application.  Proper and timely notice of this Application has been given to all parties who have appeared in this action, and to the State Bar of California at its Los Angeles address and via the Admissions Information Management System (“AIMS”).”  But this information does not appear in the verified application or proof of service. 

This is 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), emphases added.) 

CONCLUSION AND ORDER

Therefore, the Court continues the hearing to September 12, 2024 at 8:30 A.M. in Department 207 to enable Counsel to effectuate proper service on the State Bar of California by mail at its San Francisco office and to provide the Court with a proof of service.

Counsel for Plaintiff shall give notice of the continued hearing and file the notice with a  proof of service forthwith.

DATED: August 13, 2024                                                      ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court