Judge: Stephen P. Pfahler, Case: 23STCV18206, Date: 2025-01-15 Tentative Ruling
Case Number: 23STCV18206 Hearing Date: January 15, 2025 Dept: 68
Dept.
68
Date:
1-15-25
Case
#23STCV18206
Trial
Date: 7-28-25
PRO HAC VICE
MOVING
PARTY: Defendants, Sunlight Financial, LLC, et al.
RESPONDING
PARTY: Unopposed/Plaintiff, Rex Wise
RELIEF
REQUESTED
Motion
for Pro Hac Vice Admission
SUMMARY
OF ACTION
Plaintiff Rex Wise alleges defendants Solgen Construction,
LLC, Sunlight Financial, LLC and Cross River Bank, denies ever executing a
30-year loan agreement for the financing of solar panels to Plaintiff’s
residence. Plaintiff sought to cancel the contracts, but defendants refused.
Plaintiff seeks a Public Injunction enjoining Solgen
Construction, LLC from engaging in solar panel installations without adhering
to certain standards, due to prior fraudulent activities.
On August 1 and 24, 2023, Plaintiff filed a complaint and
first amended complaint for Fraudulent Concealment; Negligence; Violations of
The Elder Abuse And Dependent Adult Civil Protection Act (Welfare &
Institutions Code §15610.07, Et Seq.); Violations Of The Rosenthal Fair Debt
Collection Practices Act (Civil Code §1788, Et Seq.); Violations Of The Home
Solicitation Sales Act (Civil Code §1689.5, Et Seq.); Violations Of Business
And Professions Code §7150, et seq.; Violations Of The Truth In Lending Act (15
U.S.C. § 1601, Et Seq.); Violations Of The Credit Services Act (Civil Code
§1789.10, Et Seq.); and, Violations Of The Unfair Competition Law (Business
& Professions Code §17200, et seq.)
On November 1, 2023, Sunlight Financial LLC filed a notice
of stay of proceedings based on the filing of a Chapter 11 Bankruptcy petition
on October 31, 2023. On November 2, 2023, the court stayed the entire case. On
January 16, 2024, Sunlight Financial filed a notice of termination of stay. On
April 11, 2024, the court denied the motion of Defendants Sunlight Financial
LLC and Cross River Bank compel arbitration. Sunlight Financial LLC and Cross
River Bank answered the complaint on May 13, 2024.
RULING: Granted.
Defendant, Sunlight Financial, LLC and Cross River Bank move
for pro hac vice admission of attorney Alexander Boros.
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. Alexander Boros has not sought admission within the last two years,
and practices within the State of North Carolina. The application lacks proof
of payment to the California State Bar on the represented date of September 25,
2024. [Declaration of Alexandra Hider.]
The application for pro hac vice admission is granted. Moving
counsel to follow up with proof of payment receipt.
Second motion for pro hac vice admission scheduled for
January 2, 2025. Trial currently set for July 28, 2025.
Moving Defendants to provide notice to all parties.