Judge: Stephen P. Pfahler, Case: 23CHCV00871, Date: 2023-11-30 Tentative Ruling

Case Number: 23CHCV00871    Hearing Date: November 30, 2023    Dept: F49

Dept. F-49

Date: 11-30-23

Case #23CHCV00871

Trial Date: Not Set

PRO HAC VICE

MOVING PARTY: Defendant, Dometic Corporation

RESPONDING PARTY: Unopposed/Plaintiff, Jennifer Bailey, et al.

RELIEF REQUESTED

Motion for Pro Hac Vice Admission

SUMMARY OF ACTION

Plaintiffs Jennifer and Tracy Bailey purchased a Jayco Trailer which incorporated a stove manufactured/designed/distributed by defendant Dometic Corporation. On October 28, 2020, Plaintiffs were towing the trailer on Interstate 5, when the trailer and products “failed” thereby causing a vehicle “crash.”

On March 27, 2023, Plaintiffs filed their complaint for Negligence – Product Liability, Strict Liability – Manufacturing Defect, Strict Liability – Design Defect, Strict Liability – Failure to Warn.

RULING: Granted

Defendant Dometic Corporation moves for pro hac vice admission of attorney Zackary Rogers.

Pro hac vice admission in California is governed by California Rules of Court, Rule 9.40.  To be admitted pro hac vice, one must be “a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States.”  (California Rules of Court, rule 9.40(a).)  However, in no case shall an attorney appear pro hac vice if the attorney is a resident of California, regularly employed in California, or “regularly engaged in substantial business, professional, or other activities in the State of California.”

An attorney seeking pro hac vice admission must file a verified application in both court and the State Bar of California establishing:

(1) [t]he applicant's residence and office address; (2)[t]he courts to which the applicant has been admitted to practice and the dates of admission; (3)[t]hat the applicant is a member in good standing in those courts; (4)[t]hat the applicant is not currently suspended or disbarred in any court; (5)[t]he title of 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)[t]he name, address, and telephone number of the active member of the State Bar of California who is attorney of record.

(California Rules of Court, rule 9.40(d).)

The application complies with California Rules of Court, Rule 9.40. The subject application constitutes the second application for pro hac vice admission in the state of California within at least the last two years.  Moving party however lacks proof of service the application on the State Bar of California, and instead only represents service and payment to the State Bar of California in an unattached “Exhibit A.”

The application for pro hac vice admission is granted. Moving party to file proof of payment and service of the California State Bar (represented as Exhibit A).

The application for pro hac vice admission is granted.

Case Management Conference set for February 13, 2024.

Dometic to give notice.