Judge Theresa M. Traber, Case Number: 24STCV14007, Date: 2024-08-26 Tentative Ruling

Judge: Theresa M. Traber, Case: 24STCV14007, Date: 2024-08-26 Tentative Ruling

Case Number: 24STCV14007 Hearing Date: August 26, 2024 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE: August 26, 2024 TRIAL DATE: NOT SET

CASE: Monica Sancez v. Buildings IOT Inc.

CASE NO.: 24STCV14007

MOTION TO BE ADMITTED PRO HAC VICE

MOVING PARTY: Defendant Buildings IOT, Inc; Attorney Jill H. Fertel

RESPONDING PARTY(S): No response on eCourt as of 08/20/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for violation of the California Invasion of Privacy Act that was filed on June 5, 2024. Plaintiff alleges that Defendant violated the act by installing data harvesting software into Plaintiff’s internet browser through Defendant’s website.

Defendant Buildings IOT, Inc. moves for the admission of attorney Jill H. Fertel as counsel for Defendant pro hac vice.

TENTATIVE RULING:

Defendant Buildings IOT, Inc. moves for the admission of attorney Jill H. Fertel as counsel for Defendant pro hac vice.

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

2. __NO__ 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).) (Although the Application is accompanied by a proof of service, the Proof of Service references a Declaration by Demurring Party In Support of Automatic Extension)

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. __NO__ 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).) (The accompanying Declaration of John F Stephens states that a copy of the application will be uploaded to the State Bar of California, not that service has been made.)

6. __NO__ 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).) (The accompanying Declaration of John F Stephens states that the fee will be paid to the State Bar of California, not that payment has been made.)

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

8. __X__ The applicant is not regularly employed in the State of California.¿(Rule 9.40(a)(2).) (¶ 1.)

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).) (¶ 1.)

10. __X__ The application states the applicant’s residence and office address.¿(CRC 9.40(d)(1).) (¶¶ 2-3.)

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).) (¶ 4; Exh. A.)

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; Exh. A.)

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).) (Paragraph 6 of the Application sets forth a single application in the Superior Court of California, “County of Almeda” [sic] entitled Andree Thomas et al. v. Ohlone Community College, et al, but gives the case number for this case, 24STCV14007. The Application does not state the date of the application nor the outcome of that application.)

15. __UNKNOWN__ The applicant has not made repeated appearances pursuant to Rule 9.40(b). (The applicant has applied to be admitted pro hac vice 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).) (¶ 7.)

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 Fertel at this time. However, the Court will permit the applicant to file a supplemental declaration correcting the deficiencies identified herein.

Accordingly, the application of Jill H. Fertel to appear as counsel pro hac vice is CONTINUED to September 26, 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 September 19, 2024.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: August 26, 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.