Judge: Peter A. Hernandez, Case: 24STCV15375, Date: 2024-09-10 Tentative Ruling

Case Number: 24STCV15375    Hearing Date: September 10, 2024    Dept: 34

Plaintiff SWC CA OPCO 2, LLC’s Applications of John E. Zummo, Aharon S. Kaye and Monica T. Whitten to appear as counsel Pro Hac Vice for Plaintiff is GRANTED.

BACKGROUND

On June 20, 2024, Plaintiff SWC CA OPCO 2, LLC (“Plaintiff”) filed a complaint for breach of contract and related causes of actions against Defendants OHG Meadowood, LLC, Steven Atlas and Asher Rokowsky (collectively, the “Defendants”).

On June 26, 2024, Plaintiff filed applications of John E. Zummo, Aharon S. Kaye and Monica T. Whitten to appear as counsel pro hac vice for Plaintiff (collectively referred to as the “Applications”). 

On August 19, 2024, Defendants filed their Answer.

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 Applications comply with the requirements of Rule 9.40.

The Applications are GRANTED.

Plaintiff is ordered to serve a copy of this court’s orders concerning the Applications on the State Bar within 10 days of this ruling.

The court will also schedule a Case Management Conference for December 9, 2024 at 9:00 a.m.

Plaintiff is ordered to give notice of this ruling.