Judge: Theresa M. Traber, Case: 24STCV06007, Date: 2024-06-21 Tentative Ruling

Case Number: 24STCV06007    Hearing Date: June 21, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 21, 2024                         TRIAL DATE: NOT SET

CASE:                         Michael Kouroubacalis d/b/a Mr. X Music v. Giantstep Studios, Inc., et al.

CASE NO.:                 24STCV06007           

MOTION TO BE ADMITTED PRO HAC VICE

MOVING PARTY:               Plaintiff Michael Koroubacalis and Attorney Raeesabbas Mohaed

RESPONDING PARTY(S): No opposition on eCourt as of 06/21/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract and fraud that was filed on April 2, 2024. Plaintiff alleges that Defendants misrepresented their services, incurred excessive costs, and delivered substandard work on a contract to produce a music video for Plaintiff.

Plaintiff moves for attorney Raeesabbas Mohaed to appear as Plaintiff’s counsel pro hac vice.

TENTATIVE RULING:

Plaintiff moves for attorney Raeesabbas Mohaed to appear as Plaintiff’s counsel pro hac vice.

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).)  

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).) (Declaration of Jon Pfeiffer ¶ 8.) 

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

8.                  __X__ The applicant is not regularly employed in the State of California.¿(Rule 9.40(a)(2).) (See ¶ 6.) 

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).) (¶ 6.)  

10.              __X__ The application states the applicant’s residence and office address.¿(CRC 9.40(d)(1).) (¶¶ 1-2.) 

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).) (¶ 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).) (¶ 4.) 

13.              __X__ The application states that the applicant is not currently suspended or disbarred in any court.¿(Rule 9.40(d)(4).) (¶ 5.) 

14.              __NO__ The application states the 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.¿(Rule 9.40(d)(5).) (The application states that the applicant has applied for admission pro hac vice in the Superior Court of California for the County of San Francisco in Case No. CPF-22-517911, but does not provide the case name, the date of the application, or the result of the application. ¶ 7.) 

15.              __UNKNOWN__  The applicant has not made repeated appearances pursuant to Rule 9.40(b). (The applicant has applied for admission once in the past two years but does not state the outcome of that application.)  

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).) (¶ 8.) 

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

As the application does not meet all the requirements of Rule 9.40, the Court cannot grant the application of Attorney Mohaed at this time, but the Court will permit the applicant to file a supplemental declaration correcting the deficiencies identified herein.

Accordingly, the application of Raeesabbas Mohaed to appear as counsel pro hac vice is CONTINUED to Monday, July 22, 2024 at 9:00 AM. The applicant is directed to serve and file a supplemental declaration correcting the deficiencies identified in this ruling on or before July 28, 2024.

Moving party to give notice.

IT IS SO ORDERED.

Dated: June 21, 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.