Judge: Theresa M. Traber, Case: 24STCV12918, Date: 2024-11-15 Tentative Ruling

Case Number: 24STCV12918    Hearing Date: November 15, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 15, 2024               TRIAL DATE: NOT SET

CASE:                         Gary Dordick, et al. v. Atrium Syndicate 609, Lloyd’s Underwriters Syndicate No. 0609, et al.

CASE NO.:                 24STCV12918

APPLICATION TO BE ADMITTED PRO HAC VICE

MOVING PARTY:               Attorney Gregory L. Mast

RESPONDING PARTY(S): No response on eCourt as of 11/12/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a bad faith insurance action filed on May 8, 2024. Plaintiffs allege that Defendants did not reimburse Plaintiffs pursuant to an insurance policy for stolen jewelry.

Attorney Gregory L. Mast applies to be admitted as counsel for Defendants pro hac vice.

TENTATIVE RULING:

Attorney Gregory L. Mast applies to be admitted as counsel for Defendants 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).) (Proof of Service.)

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; Declaration of Alex Tarkian ISO App. ¶ 5 and Exh. A as to State Bar.)  

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).) (Tarkian Decl. Exh. A.)  

7.              __X __ The applicant is not a resident of the State of California.¿(Rule 9.40(a)(1).)  (Application ¶ 9.) 

8.              __X__ The applicant is not regularly employed in the State of California.¿(Rule 9.40(a)(2).) (¶ 10.) 

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).) (¶ 11.)  

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

11.           __NO_ The application states the courts to which the applicant has been admitted to practice and the dates of admission.¿(CRC 9.40(d)(2).) (Paragraph 4 states the Courts to which the applicant has been admitted, but not the dates of admission.) 

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.           __X__ 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).) (¶ 6.) 

15.           __X__  The applicant has not made repeated appearances pursuant to Rule 9.40(b). (The applicant has applied to be admitted as counsel pro hac vice only once in the past two years. ¶ 6.)  

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).) (¶ 7.) 

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

Although the applicant has not provided the dates of admission to each jurisdiction in which he is licensed to practice, the application complies in all other respects with the requirements of Rule 9.40. The Court will therefore permit a brief continuance to allow the applicant to present a supplemental declaration stating the dates of admission to each jurisdiction in which he is admitted to practice.

            Accordingly, Attorney Gregory L. Mast’s application to be admitted as counsel for Defendants pro hac vice is CONTINUED to Monday, November 25, 2024 at 9:00 AM.

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  November 15, 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.