Judge: Ralph C. Hofer, Case: 21STCV15616, Date: 2024-01-19 Tentative Ruling
Case Number: 21STCV15616 Hearing Date: January 19, 2024 Dept: D
TENTATIVE RULING
Calendar: 4
Date: 1/19/2024
Case No: 21 STCV15616 Trial Date: 09/30/2024
Case Name: Mora v. 5547 Cleon Avenue, LLC, et al.
APPEARANCE PRO HAC VICE
Moving Party: Lora L. Lococo
Responding Party: No Opposition
CONDITIONS:
Association with CA attorney (name, address, phone #) Yes
Verified declaration: Yes
Service on State Bar at San Francisco office: Yes
Fee paid to State Bar: Yes (Gandee Decl., ¶ 2, Ex. A)
Good standing and not currently suspended/disbarred: (App. ¶ 2)
Non-California residence and office: Yes
Admitted to practice in the following courts and the date:
State of Wisconsin 2011
USDC E.Wisconsin, W.Wisconsin, CO (2011-16)
Titles of court, case number and cause in which moving party has filed an application to appear pro hac vice in this state in the last two years, dates and whether motion granted or not:
1. Application LASC Case No. 22 STCV32814. To be heard 01/25/2024
2. Application in California federal court, USDC E. Dist. CA, 1:21-CV-00988-AWI-BAK (SKO). Application granted 09/28/2022
(Application, ¶ 3)
Declaration of moving party: Application Verified
OPPOSITION:
No Opposition
ANALYSIS:
The applicant indicates that counsel has made two applications to appear as counsel pro hac vice in this state in the last two years. One was approved, and the action, in federal district court, is still pending. One application is in Los Angeles Superior Court and is scheduled to be heard on January 25, 2024.
Under CRC Rule 9.40(a), an application “must state”… “(5) the title of the 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;…”
This information is provided, and is necessary because under subdivision (b), “Absent special circumstances, repeat appearances by any person pursuant to this rule shall be a cause for denial of an application.”
In Walter E. Heller Western, Inc. v. Superior Court (1980) 111 Cal.App.3d 706, the Second District declined to find that there had been “repeat appearances” under the predecessor to this Rule where “the record shows without dispute that [the attorney] to date has made only one other appearance under this rule.” Walter E. Heller, at 710. The Second District noted that the trial court’s exercise of discretion under the rule will be upheld unless “its determination was so arbitrary, capricious and beyond the bounds of reason as to constitute an abuse of its discretion.” Walter E. Heller, at 711.
This issue should be discussed at the hearing, as it appears this may be a situation where more than one, and possibly three appearances will have been made within the last two years. It is not clear why this number of appearances are appropriate. Does counsel have some special expertise in a particular area of law implicated in all of these cases, or is there some other reasonable explanation for repeated appearances? The court will inquire at the hearing and determine if special circumstances exist for repeat appearances.
Otherwise, the paperwork is in order.
RULING:
The Court will hear from the applicant concerning whether there are special circumstances warranting this appearance along with possibly two other pro hac vice appearances in this State over a period of two years.
If the Court is satisfied with the explanation:
UNOPPOSED Verified Application of Lora L. Lococo to Appear as Counsel Pro Hac Vice for Herc Rental’s Inc. is GRANTED. The Court finds that the motion and verified application comply with all requirements of CRC Rule 9.40 and that the applicant has provided sufficient proof of service on the State Bar and payment of the requisite fee. The Court further finds that one previous pro hac vice appearance in this state, and a potential second additional pro hac vice appearance within two years, in addition to the currently proposed appearance, are justified by special circumstances.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
AUDIO OR VIDEO APPEARANCES
Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance. Please note that LACourtConnect offers free audio and video appearances. However, ADVANCE REGISTRATION IS REQUIRED.
If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.
