Terell Ephron v. Joseph Tacopina, et al.

APPLICATION OF BENJAMIN G. CHEW TO APPEAR AS COUNSEL PRO HAC VICE FOR PLAINTIFF TERELL EPHRON

 

MOVING PARTY: Attorney Benjamin G. Chew (for Plaintiff Terell Ephron)

RESPONDING PARTY: None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Terell Ephron alleges Rakim Mayers (also known as A$AP Rocky) fired multiple shots at Plaintiff from a semiautomatic firearm on November 6, 2021, in the Hollywood area. On August 10, 2022, Plaintiff filed a civil action against Mayers in the Los Angeles Superior Court for (1) assault, (2) battery, (3) intentional infliction of emotional distress, and (4) negligence/negligence per se (the “Assault Action”.)

Mayers retained Defendant Joseph Tacopina and Defendant law firm Tacopina Seigel & DeOreo to represent him in the Assault Action. In response to Plaintiff’s allegations, Plaintiff alleges that Defendant Tacopina, acting in his capacity as an attorney at Defendant Tacopina Law and on behalf of and at the direction of Defendant Mayers, defamed Plaintiff in statements made to TMZ, Rolling Stone, and other media outlets. Plaintiff now brings this action (the “Defamation Action”) for (1) defamation against Tacopina and Tacopina Seigel & DeOrero and (2) defamation against Mayers.

Attorney Benjamin G. Chew now moves to be admitted pro hac vice as counsel for Plaintiff Terell Ephron. No opposition was filed.

TENTATIVE RULING:

Attorney Benjamin G. Chew’s Application to be Admitted Pro Hac Vice is GRANTED.

Moving party to give notice.

DISCUSSION:

Application for Admission Pro Hac Vice

A. 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)).

B. Application of Benjamin G. Chew

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

In the previous two years, Counsel Chew has appeared in California in one other case, that being Jane Doe K.C. 1, et al. vs Defendant Doe 1, et al., LASC case number 22GDCV01128. (Id. ¶ 5.)

Counsel Chew is to be associated with local counsel Camille M. Vasquez. (Id. ¶ 6; Vasquez Decl. ¶ 3.). Counsel Vasquez confirms payment of the mandatory application fee to the State Bar on Counsel Chew’s behalf. (Vasquez Decl. ¶ 3.)

Finding the requirements of Rule 9.40 satisfied, Counsel Chew’s Application to be Admitted Pro Hac Vice is GRANTED.

Moving party to give notice.

IT IS SO ORDERED.

Dated:   November 13, 2023 ___________________________________