Judge: Ronald F. Frank, Case: 22TRCV01053, Date: 2024-01-23 Tentative Ruling

Case Number: 22TRCV01053    Hearing Date: January 23, 2024    Dept: 8

Tentative Ruling 

 

HEARING DATE: January 23, 2024


CASE NUMBER: 22TRCV01053 

 

CASE NAME: Joel Michael Aiello; Danielle Dimatteo Aiello v. Providence Little Company of Mary Medical Center, et al.    


MOVING PARTY: Attorneys for Plaintiffs  

 

RESPONDING PARTY: None.    


TRIAL DATE: Not Set.  

 

MOTION: (1) Application for Eric S. Rossman, Andrea J. Rosholt, and Mallam J. Prior to appear Counsel Pro Hac Vice   

 

Tentative Rulings: (1) GRANTED 

 

 

 

 

 

I. BACKGROUND 

 

  1. Factual

 

On October, 26, 2022, Plaintiffs, Joel Michael Aiello and Danielle Dimatteo Aiello (collectively “Plaintiffs”) filed a Complaint. On November 14, 2023, Plaintiffs filed a First Amended Complaint (“FAC”) against Defendants, Providence Little Company of Mary Medical Center (“Providence”), Patrick L. Bui, M.D., Matthew J. Hankerson, M.D., and DOES 1 through 50. The FAC alleges causes of action for: (1) Negligence – Medical Malpractice; and (2) Loss of Consortium.   

 

Counsel for Plaintiffs now files a Motion to Appear as Counsel Pro Hac Vice of Eric S. Rossman, Andrea J. Rosholt, and Mallam J. Prior.  

 

B. Procedural  

 

On December 28, 2023, Attorneys for Plaintiffs submitted an Application for Eric S. Rossman, Andrea J. Rosholt, and Mallam J. Prior to be admitted as counsel pro hac vice for Plaintiffs. To date, no opposition has been filed.  

 

  

II. ANALYSIS  


  1. Legal Standard 

 

To be eligible for admission pro hac vice, the applicant must be admitted to practice before a U.S. court or the highest court of any state or territory, must not be a California resident, must be associated with a member of the California bar, must have noticed the California State Bar in San Francisco at least 21 calendar days before the hearing, and must have paid $50.00 to the State Bar. Further, pursuant to California Rules of Court, Rule 9.40 the moving papers must state: (1) The applicant's residence and office address; (2) The courts to which he has been admitted to practice and the dates of such admission; (3) That the applicant is a member in good standing in those courts; (4) That the applicant is not currently suspended or disbarred in any court; (5) The title of the court and cause in which he has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of such application and whether or not it was granted; and (6) The name, address and telephone number of the active member of the State Bar of California who is attorney of record. 

 

  1. Discussion  

 

On review of the moving papers, the Court finds that Plaintiffs have sufficiently shown that for Eric S. Rossman, Andrea J. Rosholt, and Mallam J. Prior are admitted to practice and in good standing before at least one U.S. court (Rossman Decl., ¶ 3; Rosholt Decl., ¶ 3; and Prior Decl., ¶ 3.) They have also all included the dates of admission. They each show that they are associated with an attorney of record who is a member of the California bar (Declaration of Greg A. Jackson, ¶ 1.) The moving papers affirm that they have noticed the California State Bar along with paying the associated $50 State Bar fee. Lastly, each attorney has provided both their office address, and resident address.  

 

Because Counsel for Plaintiffs have met the requirements, the Court grants the instant motion. 

 

III. CONCLUSION

 

For the foregoing reasons, Attorney for Plaintiffs’ Motion for Approval to Appear as Counsel Pro Hac Vice is GRANTED.  


Moving counsel is ordered to give notice.