Judge: Serena R. Murillo, Case: 21STCV14167, Date: 2022-12-09 Tentative Ruling
Case Number: 21STCV14167 Hearing Date: December 9, 2022 Dept: 29
TENTATIVE
Brett J. Haroldson’s application for admission to appear as counsel pro hac
vice is CONTINUED.
Legal Standard
CRC Rule 9.40 provides that an attorney in good
standing in another jurisdiction may apply to appear as counsel pro hac vice in
the State of California by filing a verified application together with proof of
service by mail of a copy of the application and notice of hearing on all
parties who have appeared in the case and on the State Bar of California at its
San Francisco office, with payment of a $50.00 fee, so long as that attorney is
not a resident of the State of California, and is not regularly engaged in
substantial business, professional, or other activities in the State of
California.
The application must state: (1) the applicant’s
residence and office addresses; (2) the courts to which the applicant has been
admitted to practice and the dates of 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 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 member of the State Bar of California who is attorney of
record in the local action. (Cal. Rules of Court, rule 9.40(d).)
Discussion
Brett J. Haroldson seeks a court order permitting her to appear as
counsel pro hac vice to represent Cross-Defendant.
The Court finds Brett J. Haroldson’s application does not with the requirements of
CRC Rule 9.40, as the proof of service does not show that
the State Bar of California at its San Francisco office was served
by mail of a copy of the
application and notice of the hearing. While counsel states that the application
and each of the documents filed in support of it are being served on all parties,
and on the San Francisco office of the State Bar of California (Sheehan Decl.
at ¶ 2), CRC Rule 9.40 requires proof of
service. Additionally, Haroldson’s office’s address is not listed. “The
application must state: (1) the applicant’s residence and office addresses.”
Thus,
the application is continued to allow counsel to file proof of service.
Conclusion
Based on the foregoing, Brett J.
Haroldson’s application for admission to appear as counsel pro hac
vice is CONTINUED until January 3, 2023 at 1:30 p.m..
Moving party is ordered to give notice.