Judge: Robert S. Draper, Case: 22STCV10375, Date: 2022-12-21 Tentative Ruling

Case Number: 22STCV10375    Hearing Date: December 21, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Defendants’ Application for Attorney Betsy Bulat to Appear Pro Hac Vice is GRANTED.

Defendants’ Application for Attorney Matthew D. Treco to Appear Pro Hac Vice is GRANTED.

FACTUAL BACKGROUND 

This is an action for workplace discrimination and wrongful termination. The Complaint alleges as follows.

Plaintiff Sandra Bustamante (“Plaintiff”) worked for Defendants Sleepmed Inc. (“Sleepmed”), Sleepmed of California Incorporated (“Sleepmed CA”) and Bioserenity USA Inc. (“Bioserenity” and collectively, “Defendants”) from July 2015 to May 2021. (Compl. ¶ 7.) Plaintiff has a physical disability that limits her major life activities. (Compl. ¶ 8.) On June 24, 2020, Plaintiff’s physician prescribed her to work from home due to her disability. (Compl. ¶ 9.) In March 2021, Defendants stopped allowing Plaintiff to work from home. (Compl. ¶ 10.) In May 2021, Plaintiff was terminated. (Ibid.)

PROCEDURAL HISTORY

On March 25, 2022, Plaintiff filed the Complaint asserting five causes of action:

1.    Discrimination Based on Disability;

2.    Violatin of Government Code section 12945.2;

3.    Violation of Labor Code section 1102.5;

4.    Wrongful Termination in Violation of Public Policy; and,

5.    Intentional Infliction of Emotional Distress

On November 3, 2022, Defendants filed an Answer.

Also on November 3, 2022, Defendants filed the instant Applications for Betsy Bulat (“Bulat”) and Matthew D. Treco (“Treco”) to appear pro hac vice.

No Opposition has been filed.

DISCUSSION 

Attorneys Betsy Bulat and Matthew D. Treco apply to appear pro hac vice for Defendants Sleepmed, Sleepmed CA, and Bioserenity.

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 written application must provide the following information: (1) applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) representation that the attorney applicant is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the preceding two years, if any; and (5) the name, address, and telephone number of the active California State Bar member who is counsel of record in the local action.  (Cal. Rules of Court, rule 9.40(d).) 

Bulat’s Application contains: (1) her residence and office addresses (Bulat Decl., ¶ 2); (2) the courts to which Bulat has been admitted (Id., ¶ 4); (3) a declaration stating she is a member in good standing of the bar of the State of Georgia (Id. ¶ 3); (4) a declaration stating that she has not filed an application to appear pro hac vice in the Superior Courts of the State of California in the past two years (Id., ¶ 8); and the name, address and telephone number of Danielle J. Vukovich, the Counsel of Record in this action. (Id., ¶ 6.)

Treco’s Declaration contains: (1) his residence and office addresses (Treco Decl., ¶ 2); (2) the courts to which Treco has been admitted (Id., ¶ 4); (3) a declaration stating he is a member in good standing of the bar of the State of Georgia (Id. ¶ 3); (4) a declaration stating that he has not filed an application to appear pro hac vice in the Superior Courts of the State of California in the past two years (Id., ¶ 8); and the name, address and telephone number of Danielle J. Vukovich, the Counsel of Record in this action. (Id., ¶ 6.)

Accordingly, Attorneys Betsy Bulat and Matthew D. Treco’s Applications to Appear Pro Hac Vice are GRANTED.

DATED: December 21, 2022 

____________________________

Hon. Robert S. Draper 

Judge of the Superior Court