Judge: Steven A. Ellis, Case: 19STCV05514, Date: 2025-02-13 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.




Case Number: 19STCV05514    Hearing Date: February 13, 2025    Dept: 29

Sanchez v. Best Friends Animal Society
19STCV05514
Application to be Admitted Pro Hac Vice

 

Tentative

The application is denied without prejudice.

Background

On February 19, 2019, Emily Sanchez (“Plaintiff”) filed a complaint against Best Friends Animal Society (“BFAS”), and City of Los Angeles (“City”) for strict liability under Civil Code section 3342, strict liability for animal with known dangerous propensity, negligence, and dangerous condition of public property causes of action arising out of a dog bite occurring on October 3, 2018.

 

On March, 20, 2019, BFAS filed an answer. On April 10, 2019, City filed an answer.

 

On October 31, 2022, the Court granted Plaintiff’s stipulation to dismiss City from this action.

 

On February 5, 2025, BFAS filed an application for Christopher P. Soper to appear pro hac vice on their behalf. During the Final Status Conference on February 6, the Court advanced the hearing to February 13.

 

No opposition has been filed.

 

Legal Standard

 

Any attorney licensed to practice before the bar of any United States court or the highest court in any state, and who has been retained to appear in a particular cause pending a court of this State, but who is not a licensee of the California State Bar may apply to appear pro hac vice in this State by submitting his or her written application and mailing notice to all interested parties, as well as notice and a $50.00 application fee to the State Bar Association in San Francisco.  (Cal. Rules of Court, Rule 9.40 (a), (c), (e).)  An applicant may neither reside nor work in California and may not perform regular or substantial business, professional, or other activities in the State.  (Id. at Rule 9.40 (a).) 

 

Discussion

 

“A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.” (California Rules of Court, rule 9.40(c)(1).)

 

Proof of service shows service on the parties. No proof of service on the State Bar of California has been filed.

 

Accordingly, the motion is denied without prejudice.

 

Conclusion

 

The Court DENIES without prejudice this motion to be admitted pro hac vice.

 

Moving party is ordered to give notice.