Judge: Michael P. Linfield, Case: 23STCV24849, Date: 2024-03-25 Tentative Ruling

Case Number: 23STCV24849    Hearing Date: April 2, 2024    Dept: 34

SUBJECT:        Uncontested Verified Application for an Order to Admit David M. Kroeger as Counsel Pro Hac Vice

Moving Party: David M. Kroeger

Resp. Party:    None

        The Court GRANTS the Application, conditional on Counsel Applicant filing proof of service that the State Bar has been served at its San Francisco address.

BACKGROUND:

On October 11, 2023, Plaintiff Black Brewed Coffee L.L.C. filed its Complaint against Defendant Berkshire Hathaway Direct Insurance Company on causes of action of declaratory relief, breach of contract, and insurance bad faith.

On February 22, 2024, David M. Kroeger filed Uncontested Verified Application for an Order to Admit David M. Kroeger as Counsel Pro Hac Vice (“Application”). In support of the Application, David M. Kroeger concurrently filed: (1) Notice; (2) Declaration of Jan A. Larson; (3) Proposed Order; and (4) Proof of Service.

ANALYSIS:

Counsel Applicant seeks admission to appear as counsel pro hac vice to represent Plaintiff in this action, and to be associated as co-counsel with Jan A. Larson.

Counsel Applicant is a member in good standing of the States of Illinois and New York, the Northern and Central Districts of Illinois, and the United States Court of Appeals for the Seventh Circuit. (Application, ¶¶ 5–7.)

Counsel Applicant has appeared in one case before in California state courts within the last two years, including one time before the Court of Appeal and one time before the Supreme Court. (Application, ¶ 8.)

Counsel Applicant and Local Counsel declare that the $50 fee required to be admitted pro hac vice was paid to the State Bar of California. (Application, Decl. Kroeger, ¶ 10; Decl. Larson, ¶ 2.)

 However, the Application does not state that service was made upon the State Bar at its San Francisco address, and the Proof of Service indicates that only Defense Counsel was served.

CONCLUSION:

        The Court GRANTS the Application, conditional on Counsel Applicant filing proof of service that the State Bar has been served at its San Francisco address.