Judge: Thomas D. Long, Case: 22TSCV22161, Date: 2023-08-03 Tentative Ruling

Case Number: 22TSCV22161    Hearing Date: August 3, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ENGINEER.AI CORPORATION, et al.,

                        Plaintiffs,

            vs.

 

TALKDESK, INC., et al.,

 

                        Defendants.

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      CASE NO.: 22STCV22161

 

[TENTATIVE] ORDER CONTINUING APPLICATION FOR ADMISSION PRO HAC VICE

 

Dept. 48

8:30 a.m.

August 3, 2023

 

Sangyoon Nathan Park seeks to be admitted pro hac vice to represent Plaintiffs Engineer.ai Corporation, Engineer.ai Global Ltd., and Engineer.ai India Private Ltd. in this action.

An attorney in good standing in another jurisdiction who is not a resident of California, regularly employed in California, or regularly engaged in substantial business, professional, or other activities in California may apply to appear as counsel pro hac vice in California.  (California Rules of Court, rule 9.40(a).)  The attorney must provide a verified application and proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office.  (California Rules of Court, rule 9.40(c).)  The applicant must also pay a $50.00 fee to the State Bar of California.  (California Rules of Court, rule 9.40(e).)

The application must state (1) the applicant’s residence and office addresses; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member in good standing in those courts; (4) that the applicant is not currently suspended or disbarred in any court; (5) the title of each 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; and (6) the name, address, and telephone number of the active member of the State Bar of California who is attorney of record in the local action.  (California Rules of Court, rule 9.40(d).)

The application filed on June 20, 2023, generally complies with the requirements, and the $500.00 application fee has been paid.  (Gov. Code, § 70617, subd. (e)(1).)

However, the Court notes that Sangyoon Nathan Park previously moved to be admitted as counsel pro hac vice.  (Application to Appear as Counsel Pro Hac Vice, filed May 4, 2023; Evid. Code, § 452, subd.  (d) [courts may take judicial notice of court records].)  The Court denied that application.  (Minute Order dated June 8, 2023, p, 2 [denying the application because it did not include the applicant’s office address].)  Therefore, California Rules of Court, rule 9.40(d)(5) required counsel to state “[t]he title of each 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.”  Instead, counsel testifies that he has “not filed any application to appear as counsel pro hac vice in California.”  (Motion, Verified Declaration of Sangyoon Nathan Park, ¶ 4 [italics removed].)

Accordingly, the application for admission pro hac vice is CONTINUED to 830 a.m. on       ________________ to allow the moving party to file a declaration explaining why he provided incorrect information to the Court.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

     Dated this 3rd day of August 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court