Judge Randolph M. Hammock, Case Number: 24STCV10192, Date: 2024-06-26 Tentative Ruling

Judge: Randolph M. Hammock, Case: 24STCV10192, Date: 2024-06-26 Tentative Ruling

Plaintiffs TriLinc Global Impact Fund, LLC, and its related entities allege they engaged Defendant RSM US LLP to provide audit and/or review services for Plaintiffs. Plaintiffs further allege that Defendant abruptly withdrew from the engagement, which caused Plaintiffs to miss the 2023 SEC filing deadline and put Plaintiffs in default with credit facilities. As a result, Plaintiffs allege they were forced to liquidate performing assets to repay the credit facilities and suffered damage to their reputations in the financial markets.

Attorneys Jessica L. Pahl, Nicholas A. Maricic, and Thomas H.L. Selby now move to be admitted Pro Hac Vice as counsel for Defendant. [FN 1] No oppositions were filed.

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 Jessica L. Pahl is not employed or residing within California (Pahl Decl. ¶ 2, 4); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (id. ¶ 6); and the attorney is in good standing in those jurisdictions (Id. ¶ 6, 7, 8.) Counsel has not appeared pro hac vice in California in the last two years. (Id. ¶ 10.)

Counsel Pahl is to be associated with local counsel Charles H. Abbott. (Id. ¶ 11.). Counsel Abbott confirms payment of the mandatory application fee to the State Bar on Counsel Pahl’s behalf. (Abbott Decl. ¶ 3.)

Based on the Application and attached Declaration, Counsel Nicholas A. Maricic is not employed or residing within California (Maricic Decl. ¶ 2, 4); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (id. ¶ 6); and the attorney is in good standing in those jurisdictions (Id. ¶ 6, 7, 8.) Counsel has appeared pro hac vice in one other California case in the last two years, that being LASC case no. BC718751, Morris v. Leica Biosystems Richmond, Inc. (Id. ¶ 10.)

Counsel Maricic is to be associated with local counsel Charles H. Abbott. (Id. ¶ 11.). Counsel Abbott confirms payment of the mandatory application fee to the State Bar on Counsel Maricic’s behalf. (Abbott Decl. ¶ 3.)

Again finding the requirements of Rule 9.40 satisfied, and without objection, Counsel Maricic’s Application to be Admitted Pro Hac Vice is GRANTED.

Based on the Application and attached Declaration, Counsel Thomas H.L. Selby is not employed or residing within California (Selby Decl. ¶ 2, 4); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (id. ¶ 6); and the attorney is in good standing in those jurisdictions (Id. ¶ 6, 7, 8.) Counsel has not appeared pro hac vice in any other California cases in the last two years. (Id. ¶ 10.)

Counsel Selby is to be associated with local counsel Charles H. Abbott. (Id. ¶ 11.). Counsel Abbott confirms payment of the mandatory application fee to the State Bar on Counsel Selby’s behalf. (Abbott Decl. ¶ 3.)

Again finding the requirements of Rule 9.40 satisfied, and without objection, Counsel Selby’s Application to be Admitted Pro Hac Vice is GRANTED.

FN 1- The Motion of counsel Selby is set to be heard on June 26, 2024, whereas the motions of counsel Pahl and Maricic are set on June 27, 2024. For sake of judicial economy, and without objection, the court addresses all three motions together on this date.