Judge: Randy Rhodes, Case: 21CHCV00802, Date: 2023-03-08 Tentative Ruling

Case Number: 21CHCV00802    Hearing Date: March 8, 2023    Dept: F51

Dept. F-51  

Date: 3/8/23 

Case #21CHCV00802

APPLICATION/MOTION TO BE ADMITTED PRO HAC VICE  

Motion/Application filed: 1/13/23

MOVING PARTY: Defendant Crum & Forster Specialty Insurance Company

RESPONDING PARTY: Plaintiffs Green Solar Enterprises, LLC; Green Solar Technologies, Inc.; Green Solar Tech California, Inc.; and Shay Yavor (collectively, “Plaintiffs”)

NOTICE: ok   

RELIEF REQUESTED: An order approving the application of Patrick Dowdle to appear as counsel pro hac vice on behalf of Defendant Crum & Forster Specialty Insurance Company.

TENTATIVE RULING: Defendant’s motion is continued.

ANALYSIS 

The applicant declares under penalty of perjury that he is not a resident of the State of California, regularly employed in the State, or regularly engaged in substantial business, professional, or other activities in the State. (Decl. of Patrick Dowdle, ¶ 4; Cal. Rules of Ct., rule 9.40(a).)

Pursuant to rule 9.40(d) of the California Rules of Court, the application states:

(1)  The applicant's residence and office address; (Dowdle Decl. ¶ 1.)

(2)  The courts to which the applicant has been admitted to practice and the dates of admission; (Id. at ¶ 3.)

(3)  That the applicant is a licensee in good standing in those courts; (Ibid.)

(4)  That the applicant is not currently suspended or disbarred in any court; (Ibid.)

(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; (Id. at ¶ 4.) and

(6)  The name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record. (Id. at ¶ 5.)

The proof of service attached to the application states that on 1/13/23, Defendant served the application by email on all other parties who have appeared in the matter, in addition to the State Bar of California at its San Francisco office. However, rule 9.40(c)(1) of the California Rules of Court requires a proof of service by mail. While the declaration of Defendant’s counsel, submitted in support of the application, states that “Notice of the Application of Patrick Dowdle to Appear as Counsel Pro Hac Vice is being served on all parties who have appeared in this action and on the State Bar of California, 180 Howard Street, San Francisco, California 94105, along with a $50.00 fee pursuant to Rule 9.40(e),” it is not clear who sent the application or how the application was sent to the State Bar of California. (Decl. of Joshua Shayne, ¶ 4.)

As the application was improperly served under rule 9.40(c)(1) of the California Rules of Court, the motion is continued.

CONCLUSION 

Defendant’s motion is continued.