Judge Randolph M. Hammock, Case Number: 22STCV06367, Date: 2024-01-26 Tentative Ruling

Plaintiff David Grey brings this action for (1) breach of contract, (2) conversion, and (3) restitution based on unjust enrichment against Defendant Pacific Bell Telephone Company, erroneously sued as AT&T Corporation. Plaintiff alleges he cancelled his DSL telephone line with Defendant, but Defendant continued to charge him for services not received from February 12, 2012 through August 30, 2021. In total, Plaintiff alleges Defendant overbilled him $28,000 and refuses to refund the amount.

Attorneys Ava J. Conger and Jennifer L. Cotton now move to be admitted Pro Hac Vice as counsel for Defendant Pacific Bell Telephone Company. No opposition was filed.

Counsels’ Applications to be Admitted Pro Hac Vice are GRANTED on the condition that each counsel confirm payment of the mandatory application fee to the State Bar of California, which is not addressed in the applications.

California Rules of Court Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon notice by mail to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California, and does not perform regular or substantial business, professional, or other activities in the State. (Cal. Rules of Court, rule 9.40).

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. (Cal. Rules of Court, rule 9.40(d)).

Based on the Application and attached Declaration, Counsel Ava J. Conger is not employed or residing within California (Conger Decl. ¶¶ 1); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (id. ¶ 2); and the attorney is in good standing in those jurisdictions (Id. ¶¶ 3, 4.)

In the previous two years, Counsel Conger has appeared Pro Hac Vice in one other California case, that being Textile House, Inc. v. Pacific Bell, et al., Case No. 23STCV18376 (Id. ¶ 5.) Counsel is to be associated with local counsel Samuel Z. Hyams. (Id. ¶ 6).

Accordingly, Counsel Conger’s Application to be Admitted Pro Hac Vice is GRANTED on the condition that counsel confirm payment of the mandatory application fee to the State Bar of California, which is not addressed in the application.

Based on the Application and attached Declaration, Counsel Cotton is not employed or residing within California (Scott Decl. ¶ 1); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (Id. ¶ 2); and the attorney is in good standing in those jurisdictions (Id. ¶¶ 3, 4.)

Counsel Cotton has appeared in California in the previous two years in one other case: Textile House, Inc. v. Pacific Bell, et al., Case No. 23STCV18376. (Id. ¶ 5.) Counsel is to be associated with local counsel Samuel Z. Hyams. (Id. ¶ 6.)

Counsel Cotton’s Application to be Admitted Pro Hac Vice is GRANTED on the condition that counsel confirm payment of the mandatory application fee to the State Bar of California, which is not addressed in the application.