SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Larry Lum (“Applicant”) seeks admission to appear as counsel pro hac vice to represent Defendant Paramount Pictures Corporation in this action along with Steven R. Parminter and Ashan K. Peiris, active members of the State Bar of California. (Decl. Lum, ¶ 7.) 

 

II. Legal Standard 

An out-of-state lawyer, not admitted to practice in California, may be admitted pro hac vice—i.e., to appear and take part in a particular action only. Applications for such admission are generally heard as law and motion matters.  (CRC Rule 9.40.)  

To be eligible for admission pro hac vice: (1) the applicant must be admitted to practice before a U.S. court, or the highest court of any state or territory; (2) he or she must not be a California resident, nor regularly engaged in practice or other business here; and (3) a member of the California Bar must be associated as attorney of record in the case. (CRC Rule 9.40(a).) A verified application must be filed stating (1) the applicant's residence and office addresses; (2) the court or courts in which he or she is admitted to practice and the dates of admission; (3) that he or she is currently in good standing in such courts; (4) that he or she has not been suspended or disbarred in any court; (5) the title and case number of any California action in which he or she has applied to appear pro hac vice during 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 who is attorney of record. (CRC Rule 9.40(d)—filing fee must accompany application.)   

Copies of the application must be served by mail upon all parties who have appeared in the action, and also upon the State Bar at its San Francisco office at least 16 court days before the hearing (notice governed by CCP § 1005).  A fee (currently $50) must be paid to the State Bar.  (CRC Rule 9.40.)   

 

III. Discussion 

The applicant establishes that he is licensed in the State of New York and Nevada, and is in good standing. Applicant applied on November 19, 2021 and February 18, 2022 to appear pro hac vice in two other California actions within the preceding two years; both were granted.  Applicant declares he is not a California resident and does not regularly work in California.  Licensed California attorneys, Steven R. Parminter and Ashan K. Peiris, are associated as counsel in this case. Current counsel of record tendered payment to the State Bar.  

However, the proof of service attached to the moving papers demonstrates only Plaintiff has been served with the application and given notice of the hearing date, but not the State Bar. Proof of service showing the State Bar was given notice of the hearing on the application, and an opportunity to contest if it chooses to do so, is required. (Cal. Rules of Court, rule 9.40(c)(1).) Absent proof of service for the hearing, the application cannot be granted. 

 

Therefore, the motion for admission pro hac vice is denied without prejudice.