Judge: Nathan Vu, Case: 30-2021-01220754, Date: 2023-07-24 Tentative Ruling

Motion to Appear Pro Hac Vice

The Verified Application of Oliver D. Griffin to Appear Pro Hac Vice for Defendants Capital Managers, LLC, Eventus Holdings, LLC, Sabin Burrell and John Hynes is CONTINUED to September 5, 2023, at 8:30 a.m. in Department N15.

No later than August 7, 2023, Counsel Griffin shall file and serve supplemental declaration(s) stating whether each pro hac vice application identified in Counsel Griffin’s Verified Application was granted or denied, and identifying all pending arbitrations and/or court actions in California in which Counsel Griffin is currently acting as counsel of record in any capacity.

No later than August 7, 2023, Counsel Griffin shall file proof(s) of service showing service of all moving papers, including supplemental declaration(s), on all parties who have appeared in the case, including Defendant Jon Beckman.

Any party may file and serve papers in response to or in support of Counsel Griffin’s Verified Application based on the new hearing date and pursuant to the Civil Procedure Code.

Counsel Oliver D. Griffin moves to appear pro hac vice on behalf of Defendants Capital Managers, LLC, Eventus Holdings, LLC, John Hynes, and Sabin Burrell in this matter.

Standards to Appear Pro Hac Vice

An attorney in good standing in another jurisdiction who has been retained to appear in a case pending this court may apply to appear as counsel pro hac vice in the State of California, so long as an active member of the State Bar of California is associated as attorney of record in the case. (Cal. Rules of Court, rule 9.40(a).)

However, an attorney appearing as counsel pro hac vice may not be a resident of the State of California or regularly engaged in substantial business, professional, or other activities in the State of California. (Ibid.)

An attorney desiring to appear as counsel pro hac vice must file 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, along with payment of a $50.00 fee. (Cal. Rules of Court, rule 9.40(c)(1) & (e).)

Counsel Griffin has identified at least six pending cases and arbitrations in California in which he has sought admission pro hac vice. Counsel Griffin has not provided information whether each application was granted, as required by the Rules of Court. (See Cal. Rules Ct., Rule 9.40 (d) [applicant required to provide “[t]he 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.”], italics added.)

As noted above, a person who is regularly employed in the State of California or who regularly engaged in substantial business, professional, or other activities in the State of California is not eligible for pro hac vice admission. (Cal. Rules Ct., Rule 9.40(a).) “Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.” (Cal. Rules Ct., Rule 9.40(b).) Counsel Griffin must provide sufficient information for the court and other parties to determine whether he has appeared a sufficient number of times in cases in California so that he could be considered to be regularly engaged in legal practice in California.

The court will continue the hearing so that such information may be provided by Counsel Griffin.

In addition, it does not appear that Counsel Griffin’s Verified Application has been served on all parties who have appeared in the case. While the proof of service for the application shows that the application was served on counsel for Plaintiff Cliq, Inc. f/k/a Cardflex, Inc., there is no indication that it was served on Defendant Jon Beckman, who has appeared in this case. (See ROA #168, #29.)

The court also will continue the hearing to allow the application to be served on Defendant Jon Beckman, as required by law. (See Cal. Rules of Court, rule 9.40(c)(1); Code Civ. Proc., § 1014.)

The court clerk shall give notice of this ruling.