Judge: Peter A. Hernandez, Case: 22PSCV00633, Date: 2022-10-18 Tentative Ruling

Case Number: 22PSCV00633    Hearing Date: October 18, 2022    Dept: O

Background   

Plaintiff Crystal Paz (“Plaintiff”) alleges as follows: Plaintiff was sexually abused while in foster care at Maclaren Hall in El Monte.

On June 23, 2022, Plaintiff filed a complaint, asserting causes of action against and Does 3-25 for:

1.                  Negligence

2.                  Negligence

3.                  Negligence

4.                  Negligent Hiring, Retention and Supervision

5.                  Negligent Hiring, Retention and Supervision

6.                  Negligent Hiring, Retention and Supervision

A Status Conference is set for January 27, 2023.

Legal Standard

“A person who is not a licensee of the State Bar of California but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active licensee of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is: (1) A resident of the State of California; (2) Regularly employed in the State of California; or (3) Regularly engaged in substantial business, professional, or other activities in the State of California.” (Cal. Rules of Court (“CRC”), rule 9.40, subd. (a).)

“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.” (CRC rule 9.40, subd. (c)(1).)

“The application must state: (1) The applicant's residence and office address; (2) The courts to which the applicant has been admitted to practice and the dates of admission; (3) That the applicant is a licensee in 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 licensee of the State Bar of California who is attorney of record.” (CRC rule 9.40, subd. (d).)

“An applicant for permission to appear as counsel pro hac vice under this rule must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar. . .” (CRC rule 9.40, subd. (e).)

Discussion

Plaintiff moves, pursuant to California Rules of Court Rule 9.40, for an order allowing the pro hac vice admission of Jeff Marc Herman (“Herman”).

Herman fails to provide the court with his residence address, as per CRC rule 9.40, subdivision (d). Additionally, there is no indication that the State Bar of California has been provided notice of the application and been paid the $50 fee.

Accordingly, the hearing on the motion is continued to January 27, 2023 at 9:30 a.m. Herman is to file a supplemental declaration setting forth his residence address and Plaintiff is to file a proof of service reflecting Code of Civil Procedure § 1005 compliant notice of the application to the State Bar of California, along with proof of payment of the $50 fee, no later than five court days prior to the continued hearing date.