Birches Hatzlocha, LLC v. Scottsdale Insurance Company, et al.

APPLICATION OF MICHAEL C. UPSHAW TO APPEAR AS COUNSEL PRO HAC VICE

 

MOVING PARTIES: Counsel Michael C. Upshaw (for Defendant Swiss Re Corporate Solutions Capacity Insurance Corporation)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Birches Hatzlocha, LLC, brings this action against Defendants Scottsdale Insurance Company, Ironshore Specialty Insurance Company, Swiss Re Corporation Solutions Capacity Insurance Corporation (formerly named First Specialty Insurance Corporation), Certain Underwriters at Lloyd’s of London Subscribing to Policy No. B1230AP00256A19, and Certain

Underwriters at Lloyd’s of London Subscribing to Policy No. B1230AP00256C19 (collectively

the “Insurers”) for (1) breach of contract, (2) declaratory judgment, and (3) tortious insurance bad faith. Following fire and water damage to Plaintiff’s commercial real property in Richmond, Virginia, Plaintiff alleges the Defendant Insurers failed to pay substantial insurance proceeds to Plaintiff pursuant to a commercial property insurance program known as “PRMA Tower 2.”

Defendant Swiss Re Corporate Solutions Capacity Insurance Corporation requests the Court grant the application of Michael C. Upshaw to appear as counsel pro hac vice.

TENTATIVE RULING:

Counsel’s Application to be Admitted Pro Hac Vice is CONDITIONALLY GRANTED, pending confirmation of the required application fee paid to the State Bar of California.

Moving party to give notice, unless waived.  

DISCUSSION:

Application for Admission to Appear Pro Hac Vice

Legal Standard

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)).

Analysis

Based on the Application and attached Declaration, Counsel Upshaw is not employed or residing within California (Upshaw Decl. ¶¶ 2, 3, 4); the attorney has appeared in one matter in California in the last two years (Decl. ¶ 9); the application contains the necessary addresses (Decl. ¶¶ 4, 5); the application has the proper admission information for other courts where the attorney is admitted (Decl. ¶ 7); and the attorney is in good standing in those jurisdictions (Decl. ¶¶ 7, 8).  Counsel Upshaw is to be associated with local counsel Thomas J. D’Antonio (Decl. ¶ 10.)  

The moving papers do not indicate that counsel’s application fee has been paid to the State Bar of California. 

Accordingly, Counsel’s Application to be Admitted Pro Hac Vice is CONDITIONALLY GRANTED, pending confirmation of the required application fee paid to the State Bar of California.

Moving parties to give notice, unless waived.  

IT IS SO ORDERED.

Dated:   March 29, 2023 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept49@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.