Judge: Peter A. Hernandez, Case: 23STCV16797, Date: 2024-09-12 Tentative Ruling

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Case Number: 23STCV16797    Hearing Date: September 12, 2024    Dept: 34

Shirley Brown, individually, and as successor in interest to her decedent, Glen Brown, by and through her guardian ad litem, et al. v. City of Los Angeles, et al. (23STCV16797)

 

Defendant Trek Bicycle Corporation’s Amended Application of Richard A. Schuster to appear as counsel Pro Hac Vice for Defendant Trek Bicycle Corporation is GRANTED.

BACKGROUND

On August 19, 2024, Plaintiff Shirley Brown, individually, and as successor in interest to her decedent, Glen Brown, by and through her guardian ad litem, Janet McCarthy; Janet McCarthy, individually, and as administrator of the Estate of Glen Brown, on behalf of the Estate of Blen Brown (collectively, “Plaintiffs”) filed a complaint against Defendants City of Los Angeles, AIDS/Lifecycle; San Francisco AIDS Foundation; Los Angeles LGBT Center, Trek Bicycle Corporation, Roth Distributing Co., Inc., Village Cycle & Supply, Inc. (collectively, the “Defendants”) and DOES 1 to 100 alleging the following:

1.               Premises Liability;

2.               Negligence; and,

3.               Products Liability.

On August 15, 2024, Defendant Trek Bicycle Corporation filed an amended application of Richard A. Schuster to appear as counsel pro hac vice for Defendant Trek Bicycle Corporation. 

The Final Status Conference is scheduled for September 5, 2025 and Trial is scheduled for September 16, 2025.

Legal Standard

California Rule 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.

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 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 member of the State Bar of California who is attorney of record in the local action.  (Cal. Rules of Court, rule 9.40, subd. (d).)

Discussion

The court finds that the Application complies with the requirements of Rule 9.40.

The Application is GRANTED.