Judge: Ronald F. Frank, Case: 23CMCV00815, Date: 2023-12-06 Tentative Ruling
Case Number: 23CMCV00815 Hearing Date: December 6, 2023 Dept: 8
Tentative Ruling
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HEARING DATE: December 6, 2023¿
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CASE NUMBER: 23CMCV00815
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CASE NAME: Estate
of Anthony Allen Lee, et al. (Langston) v. Major Surplus & Survival, Inc.,
et al.
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MOVING PARTY: Attorneys for Plaintiffs
RESPONDING PARTY: None.
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TRIAL DATE: Not
Set.
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MOTION:¿ (1) Application for Joseph E. Ritch to
appear Counsel Pro Hac Vice
Tentative Rulings: (1) GRANTED, although the moving
papers do not indicate the dates Mr.
Ritch he was admitted to practice before his various prior court admissions as
technically required in California per Rule of Court 9.40
I. BACKGROUND¿
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A.
Factual¿
On
June 2, 2023, Plaintiffs, Estate of Anthony Allen Lee Langston, deceased, by
and through its successor in interest Jennifer Langston, Jennifer Langston, an
individual, Lucian Langston, by and through her Guardian ad Litem, and Grace
Contreras Cuellar filed a complaint against Defendant, Major Surplus &
Survival, Inc. dba I&I Sports Supply, Inc., and DOES 1 through 100. On
August 16, 2023, Plaintiffs filed a First Amended Complaint (“FAC”) alleging
causes of action for: (1) Strict Product Liability; (2) Negligence; (3) Failure
to Warn; (4) Wrongful Death pursuant to CCP § 377.60; (5) Survival Action
pursuant to CCP § 377.20; and (6) Violation of California Civil Code §§ 1750,
et seq..
Counsel
for Plaintiffs now files a Motion to Appear as Counsel Pro Hac Vice of Joseph
E. Ritch.
B. Procedural
On November 7, 2023, Attorneys
for Plaintiffs submitted an Application for Joseph E. Ritch to be admitted as
counsel pro hac vice for Plaintiffs. To date, no opposition has been filed.
¿II. ANALYSIS ¿
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A.
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.
B.
Discussion
On
review of the moving papers, the Court finds that Plaintiffs have sufficiently
shown that for Joseph E. Ritch is admitted to practice in Texas since 2002 and
in good standing before at least one U.S. court (Ritch Decl., ¶ 2), is
associated with an attorney of record who is a member of the California bar (Ritch Decl., ¶ 6); that he has noticed the
California State Bar along with the associated $50 State Bar fee; and has
provided both his office address, and his resident address. (Ritch Decl., ¶ 1.) His declaration indicates admission before the
courts of both Georgia and Louisiana but does not state the dates for those admissions
nor for his admission to the Southern District of Texas. Judging from this Court’s own admission in
Texas and nearly immediate admission to the local federal district in Texas in 1982,
the Court will assume Mr. Ritch was admitted to the Southern District of Texas
in or shortly after 2002.
Because
Counsel for Plaintiffs have substantially complied with these requirements, the
Court grants the instant motion.
III. CONCLUSION
¿ For the foregoing reasons, Attorney for Plaintiffs’, Joseph
E. Ritch, Esq.’s Motion for Approval to Appear as Counsel Pro Hac Vice is GRANTED.
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Moving party is ordered to give
notice.