Judge Theresa M. Traber, Case Number: 23STCV08596, Date: 2024-12-05 Tentative Ruling

Judge: Theresa M. Traber, Case: 23STCV08596, Date: 2024-12-05 Tentative Ruling

Case Number: 23STCV08596 Hearing Date: December 5, 2024 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE: December 5, 2024 TRIAL DATE: June 10, 2025

CASE: Martin Melendez-Murillo et al. v. AKG Trading (USA), Inc., et al.

CASE NO.: 23STCV08596

MOTION TO BE ADMITTED PRO HAC VICE

MOVING PARTY: Defendants Dal-Tile, LLC, Dal-Tile Distribution, Inc., Dal-Tile International, Inc., Mohawk Industries, Inc., and Attorney Tessa Mansfield Hirte

RESPONDING PARTY(S): No response on eCourt as of 12/ 2/24

CASE HISTORY:

· 04/18/23: Complaint filed.

· 12/05/23: Cross-Complaint filed by Caesarstone USA, Inc.

· 12/12/23: Cross-Complaint filed by Global Stone Trading, Inc.

· 12/28/23: Cross-Complaint filed by Lowe’s Home Centers, LLC

· 04/02/24: Cross-Complaint filed by Arizona Tile, LLC.

· 05/14/24: First Amended Complaint filed.

· 06/27/24: Cross-Complaint filed by WilsonArt LLC

· 07/03/24: Cross-Complaint filed by Marbolis, Inc.

· 08/12/24: Cross-Complaint filed by Caesarstone Ltd.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a toxic tort action alleging that Plaintiff Melendez-Murillo developed silicosis and consequential injuries by breathing in dust from Defendants’ stone products generated by his work as a fabricator and polisher of stone countertops.

Defendants Dal-Tile, LLC, Dal-Tile Distribution, Inc., Dal-Tile International, Inc., and Mohawk Industries, Inc. move to have Attorney Tessa Mansfield Hirte admitted to appear as Defendants’ counsel pro hac vice.

TENTATIVE RULING:

Defendants Dal-Tile, LLC, Dal-Tile Distribution, Inc., Dal-Tile International, Inc., and Mohawk Industries, Inc.’s motion to have Attorney Tessa Mansfield Hirte admitted to appear as Defendants’ counsel pro hac vice is GRANTED.

Moving Parties to give notice.

DISCUSSION:

1. __X__ The application is verified.¿(Cal. Rule of Court Rule 9.40(c)(1).)

2. __X__ The application is accompanied by a proof of service by mail in accordance with Code of Civil Procedure section 1013a or by email in accordance with section 1010.6(e).¿(Rule 9.40(c)(1).)

3. __X__ Notice of hearing has been given at the time prescribed in Code of Civil Procedure section 1005.¿(Rule 9.40(c)(1).)

4. _n/a_The application was served in a shorter period for notice the court prescribed.¿(Rule 9.40(c)(1).)

5. __X__ The application shows service on all parties who have appeared and the State Bar of California at its San Francisco office. (Rule 9.40(c)(1).) (Proof of Service as to parties; Verified Declaration of Angela V. Sayre ¶ 7 and Exhibit B as to State Bar of California.)

6. __X__ Proof that applicant paid a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing.¿(Rule 9.40(e).) (Sayre Decl. ¶ 6; Exh. A.)

7. __X __ The applicant is not a resident of the State of California.¿(Rule 9.40(a)(1).) (Declaration of Tessa Mansfield Hirte ¶ 7.)

8. __X__ The applicant is not regularly employed in the State of California.¿(Rule 9.40(a)(2).) (Id.)

9. __X_ The applicant is not regularly engaged in substantial business, professional, or other activities in the State of California.¿(Rule 9.40(a)(3).) (Id.)

10. __X__ The application states the applicant’s residence and office address.¿(CRC 9.40(d)(1).) (Hirte Decl. ¶¶ 3.)

11. __X_ The application states the courts to which the applicant has been admitted to practice and the dates of admission.¿(CRC 9.40(d)(2).) (Amended Declaration of Tessa Mansfield Hirte ¶ 4.)

12. __X_ The application states that the applicant is a member in good standing in the courts to which the applicant has been admitted to practice.¿(Rule 9.40(d)(3).) (Hirte Decl. ¶ 5.)

13. __X__ The application states that the applicant is not currently suspended or disbarred in any court.¿(Rule 9.40(d)(4).) (Hirte Decl. ¶ 6.)

14. __X__ The application states the title of court and case 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.¿(Rule 9.40(d)(5).) (Amended Hirte Decl. ¶ 9.)

15. __X__ The applicant has not made repeated appearances pursuant to Rule 9.40(b). (One other application and appearance in the past two years. Amended Hirte Decl. ¶ 9.)

16. __n/a__ Any special circumstances for repeated appearances pursuant Rule 9.40(b). “Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.” (Rule 9.40(b).)

17. __X__The application states the name, address, and telephone number of the active member of the State Bar of California who is attorney of record.¿(Rule 9.40(d)(6).) (Caption Page, Hirte Decl ¶ 10.)

18. __X_ $500 filing fee per application paid. (See reservation page.)

In light of the filing of the applicant’s November 8, 2024 Amended Declaration, the Court finds that all of the requirements of Rule 9.40 have been satisfied. Accordingly, Defendants Dal-Tile, LLC, Dal-Tile Distribution, Inc., Dal-Tile International, Inc., and Mohawk Industries, Inc.’s motion to have Attorney Tessa Mansfield Hirte admitted to appear as Defendants’ counsel pro hac vice is GRANTED.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated: December 5, 2024 ___________________________________

Theresa M. Traber

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.